Bill Text: NY S07508 | 2019-2020 | 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 2020-2021 state fiscal year; relates to consolidated local highway assistance payments (Part A); relates to penalties for commercial vehicles on parkways and penalties for over-height vehicles (Part B); relates to the display of amber and blue lights on safety service patrol vehicles (Part C); relates to the maximum dimension of certain vehicles proceeding to and from the New York state thruway authority (Part E); relates to agreements for fiber optics (Part F); relates to penalties for unlicensed operation of ground transportation to and from airports (Part H); relates to setting the aggregate principal amount of bonds the Metropolitan transit authority, the Triborough bridge and tunnel authority and the New York city transit authority can issue (Part I); relates to the New York transit authority and the metropolitan transportation authority, in relation to extending authorization for tax increment financing for the metropolitan transportation authority (Part K); relates 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 (Part R); relates to prohibiting pricing of goods and services on the basis of gender (Part S); relates to making changes to the arms of the state (Part U); relates to qualifications for appointment and employment (Part V); relates to home inspection professional licensing (Part W); authorizes utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of environmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues (Part Y); relates to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes (Part CC); amends the infrastructure investment act, in relation to requiring certain contracts to comply with service-disabled veteran-owned business enterprises, negotiating prices in certain lump-sum contracts, referencing certain sections of law and providing for a date of repeal (Part DD); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part EE); relates to the powers of the New York state urban development corporation to make loans, in relation to extending the general loan powers of the New York state urban development corporation (Part FF); relates to economic transformation program eligibility (Part GG); authorizes 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 program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part HH); relates to the definition of farm laborer and labor practices for farm laborers (Part II); relates to procurement procedures for school districts in relation to New York state products (Part JJ); relates to the water pollution control revolving fund and the drinking water revolving fund (Part KK); relates to student debt consultants (Part MM); relates to expanded polystyrene foam container and polystyrene loose fill packaging ban; relates to moneys collected for violations of the expanded polystyrene foam container and polystyrene loose fill packaging ban (Part PP); authorizes the creation of state debt in the amount of three billion dollars, in relation to creating the environmental bond act of 2020 "restore mother nature" for the purposes of environmental improvements that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2020 (Part QQ); relates to the implementation of the environmental bond act of 2020 "restore mother nature" (Part RR); authorizes the county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart A); authorizes the village of East Rockaway, county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart B); authorizes the village of Rockville Centre, county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart C)(Part UU); relates to banning fracking (Part WW); relates to bicycles with electric assist and electric scooters (Part XX); relates to increasing certain motor vehicle transaction fees; relates to the costs of the department of motor vehicles (Part YY); relates to the acceptance of applications for accident prevention and pre-licensing internet courses; establishes the accident prevention course internet technology pilot program (Part ZZ); amends the New York Buy American Act, in relation to the report to be provided and to making such provisions permanent (Part EEE); relates to prevailing wage requirements (Part FFF); amends the New York state urban development corporation act, in relation to the corporations' authorization to provide financial and technical assistance to community development financial institutions (Part III); accelerates the growth of renewable energy facilities to meet critical state energy policy goals (Part JJJ); extends the application deadline for businesses to participate in the START-UP NY program (Part KKK); authorizes the metropolitan transportation authority to borrow money and issue negotiable notes, bonds or other obligations to offset decreases in revenue (Part LLL); relates to the central business district tolling lockbox fund (Part MMM); relates to admission to residential treatment facilities (RTF) for children and youth (Part NNN); authorizes the transfer of certain office of mental health employees to the secure treatment rehabilitation center (Part OOO); relates to the amount of time an individual may be held for emergency observation, care, and treatment in CPEP and the implementation of satellite sites; relates to comprehensive psychiatric emergency programs (Part PPP); relates to penalties relating to mental health and substance use disorder parity compliance requirements; establishes the behavioral health parity compliance fund (Part QQQ); relates to providers of service (Part RRR); relates to applied behavior analysis (Part SSS); relates to the closure or transfer of a state-operated individualized residential alternative (Part TTT); provides funding for the Metropolitan Transportation Authority 2020-2024 capital program and paratransit operating expenses (Part UUU); relates to acquisitions or transfers of property for transit projects (Part VVV); relates to decoupling from certain federal tax changes (Part WWW); relates to installment loans and obligations evidencing installment loans (Item A); relates to statutory installment bonds (Item B); relates to refunding bonds (Item C); relates to the special powers of the New York state environmental facilities corporation (Item D); extends the authority of the department of environmental conservation to manage Atlantic and shortnose sturgeon (Item E); extends the authority of the department of environmental conservation to manage Atlantic Cod (Item F); extends the authority of the department of environmental conservation to manage Atlantic herring (Item G); extends the authority of the department of environmental conservation to manage black sea bass (Item H); extends the authority of the department of environmental conservation to manage blueback herring (Item I); extends the authority of the department of environmental conservation to manage crabs (Item J); extends the authority of the department of environmental conservation to restrict the taking of fish, shellfish and crustacea in special management areas (Item K); extends the authority of the department of environmental conservation to manage of fluke-summer flounder (Item L); extends the authority of the department of environmental conservation to manage scup (Item M); extends the authority of the department of environmental conservation to manage sharks (Item N); extends the authority of the department of environmental conservation to manage squid (Item O); extends the authority of the department of environmental conservation to manage whelk and conch (Item P); extends the authority of the department of environmental conservation to manage winter flounder (Item Q); relates to commercial fishing licenses (Item R)(Subpart A); authorizes certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with an event sanctioned by the World Triathlon Corporation (Item A); authorizes the city of Middletown to enter into a contract to sell or pledge as collateral for a loan some or all of the delinquent liens held by such city to a private party or engage a private party to collect some or all of the delinquent tax liens held by it (Item B); redistributes bond volume allocations made pursuant to section 146 of the federal tax reform act of 1986, relating to allocation of the unified state bond volume ceiling, enacts the private activity bond allocation act of 2020 (Item C); relates to the upstate flood mitigation task force (Item D); authorizes a pilot residential parking permit system in the city of Albany (Item K); relates to charging a fee for admission to the New York Botanical Garden (Item L); creates the radon task force, in relation to the reporting date and effectiveness thereof (Item M); relates to defining spearguns and allowing recreational spearfishing in New York's marine and coastal waters (Item N); relates to aquatic invasive species, spread prevention, and penalties (Item O); relates to the September 11th worker protection task force act (Item P); relates to extending time limitations for certain actions (Item Q); authorizes New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments (Item R); relates to limits on certain supplementary insurance (Item S); relates to the sale of municipal obligations by the county of Erie (Item T); relates to payment in lieu of taxes for property acquired for park or recreational purposes (Item U); relates to payment in lieu of taxes for property acquired for park or recreational purposes by the town of Hempstead (Item V); relates to the provision of physical therapy assistant services in public and private primary and secondary schools (Item W); relates to the membership composition of the metropolitan transportation authority board (Item X); establishes the New York telecommunications relay service center (Item Y); relates to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citizens; relates to the tax abatement and exemption for rent regulated and rent controlled property occupied by persons with disabilities (Item Z); relates to the creation of a state information technology innovation center (Item AA); creates a presumption relating to certain lung disabilities incurred by volunteer firefighters (Item BB); relates to disability due to disease or malfunction of the heart or coronary arteries (Item CC); relates to certified school psychologists and special education services and programs for preschool children with handicapping conditions (Item DD); authorizes certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with an event sanctioned by New York Road Runners (Item EE); relates to paperwork reduction (Item FF); relates to bonds and notes of the city of Yonkers (Item GG); relates to the sale of bonds and notes of the city of Buffalo (Item HH); relates to assessment and review of assessments in the county of Nassau (Item II); extends provisions of the property/casualty insurance availability act (Item JJ); relates to certain tuition waivers for police officer students of the city university of New York (Item KK); requires regulations to permit tuition waivers for certain firefighters and fire officers for CUNY (Item LL); relates to repair of damaged pesticide containers (Item MM); relates to pesticide registration time frames and fees; relates to pesticide product registration timetables and fees (Item NN); relates to temporary investments by local governments (Item OO); authorizes services for non-residents in adult homes, residences for adults and enriched housing programs Item PP); relates to the sale of bonds and notes of the city of New York, the issuance of bonds or notes with variable rates of interest, interest rate exchange agreements of the city of New York, the refunding of bonds, and the down payment for projects financed by bonds; amends the New York state financial emergency act for the city of New York, in relation to a pledge and agreement of the state; relates to interest rate exchange agreements of the city of New York and refunding bonds of such city (Item QQ); relates to certain payments to the horsemen's organization (Item RR); relates to use of electronic means for the commencement and filing of papers in certain actions and proceedings (Item SS); establishes certain water charges for hospitals and charities in New York city (Item TT); relates to the boarding of out of state inmates at local correctional facilities (Item UU); relates to the adoption of the interstate compact for juveniles by the state of New York (Item VV); grants the chief administrator of the courts the authority to allow referees to determine applications for orders of protection during the hours family court is in session (Item WW); relates to an advisory panel on employee-owned enterprises within the division of small business services; relates to establishing an advisory panel on employee-owned enterprises within the division of small business services (Item XX); establishes the underground facilities safety training account (Item YY); authorizes the hunting of big game in the county of Albany with rifles (Item ZZ); relates to liquidator's permits and temporary retail permits (Item AAA); relates to the New York state thoroughbred breeding and development fund; relates to permitted deductions from wages (Item CCC) establishes the digital currency task force (Item DDD); authorizes the city of New York to sell to abutting property owners real property owned by such city, consisting of tax lots that cannot be independently developed due to the size, shape, configuration and topography of such lots and the zoning regulations applicable thereto (Item EEE); requires certain agencies to submit regulatory agendas for publication in the state register (Item FFF); relates to the taking of sharks (Item GGG); authorizes owners of residential real property in high risk brush fire areas in the borough of Staten Island to cut and remove reeds from their property, in relation to extending the expiration and repeal date thereof for an additional year (Item HHH); creates a temporary state commission to study and investigate how to regulate artificial intelligence, robotics and automation (Item III); relates to the determination of adjusted base proportions in special assessing units which are cities (Item JJJ); extends limitations on the shift between classes of taxable property in the town of Orangetown, county of Rockland (Item KKK); extends limitations on the shift between classes of taxable property in the town of Clarkstown, county of Rockland (Item LLL); allows certain special assessing units other than cities to adjust their current base proportions, adjusted base proportions for assessment rolls, and the base proportion in approved assessing units in Nassau county (Item MMM); increases certain special accidental death benefits (Item NNN); relates to the home based primary care for the elderly demonstration project (Item OOO); relates to the residential parking system in the village of Dobbs Ferry in the county of Westchester (Item PPP); relates to the incorporation of the New York Zoological Society, in relation to extending the expiration date of free one day admission to the zoological park (Item QQQ); increases the average assessed value threshold and to eligibility for J-51 tax abatements (Item RRR); relates to fees and expenses in unemployment insurance proceedings (Item SSS); extends authorization for certain exemptions from filing requirements (Item TTT); extends the tax rate reduction under the New York state real estate transfer tax and the New York city real property transfer tax for conveyances of real property to existing real estate investment funds (Item UUU)(Subpart B); relates to the imposition of sales and compensating use taxes by the county of Albany (Item A); extends the expiration of the provisions authorizing the county of Allegany to impose an additional one and one-half percent sales and compensating use taxes (Item B); extends the authorization of the county of Broome to impose an additional one percent of sales and compensating use taxes (Item C); extends the expiration of provisions authorizing the county of Cattaraugus to impose an additional one percent of sales and compensating use tax (Item D); extends the authorization of the county of Cayuga to impose an additional one percent of sales and compensating use taxes (Item E); authorizes Chautauqua county to impose an additional one percent rate of sales and compensating use taxes (Item F); extends the authorization of the county of Chemung to impose an additional one percent of sales and compensating use taxes (Item G); extends the authority of Chenango county to impose additional taxes (Item H); extends the expiration of the authorization granted to the county of Clinton to impose an additional rate of sales and compensating use tax (Item I); relates to sales and compensating use tax in Columbia county (Item J); extends the authorization for imposition of additional sales tax in the county of Cortland (Item K); extends the authorization of the county of Delaware to impose an additional one percent of sales and compensating use taxes (Item L); relates to sales and compensating use tax in Dutchess county (Item M); relates to the imposition of additional rates of sales and compensating use taxes by Erie county (Item N); extends the authorization granted to the county of Essex to impose an additional one percent of sales and compensating use taxes (Item O); extends the expiration of the authority granted to the county of Franklin to impose an additional one percent of sales and compensating use taxes (Item P); relates to the imposition of additional sales and compensating use tax in Fulton county (Item Q); extends the expiration of the authorization to the county of Genesee to impose an additional one percent of sales and compensating use taxes (Item R); extends the authorization for imposition of additional sales and compensating use taxes in Greene county (Item S); extends the authorization of the county of Hamilton to impose an additional one percent of sales and compensating use taxes (Item T); extends the period during which the county of Herkimer is authorized to impose additional sales and compensating use taxes (Item U); authorizes the county of Jefferson to impose additional sales tax (Item V); authorizes the county of Lewis to impose an additional one percent of sales and compensating use taxes (Item W); authorizes the county of Livingston to impose an additional one percent sales tax (Item X); extends the authorization of the county of Madison to impose an additional rate of sales and compensating use taxes (Item Y); relates to the imposition of sales and compensating use taxes by the county of Monroe (Item Z); relates to the imposition of sales and compensating use taxes in Montgomery county (Item AA); extends the authority of the county of Nassau to impose additional sales and compensating use taxes, and extending local government assistance programs in Nassau county (Item BB); relates to continuing to authorize Niagara county to impose an additional rate of sales and compensating use taxes (Item CC); authorizes Oneida county to impose additional rates of sales and compensating use taxes and providing for allocation and distribution of a portion of net collections from such additional rates (Item DD); extends the authorization of the county of Onondaga to impose an additional rate of sales and compensating use taxes (Item EE); extends the authorization for Ontario county to impose additional rates of sales and compensating use taxes (Item FF); extends the authority of the county of Orange to impose an additional rate of sales and compensating use taxes (Item GG); extends the period during which the county of Orleans is authorized to impose additional rates of sales and compensating use taxes (Item HH); extends authorization for an additional one percent sales and compensating use tax in the county of Oswego (Item II); extends the authorization for imposition of additional sales tax in the county of Otsego (Item JJ); relates to the imposition of sales and compensating use taxes in the county of Putnam (Item KK); extends the authorization of the county of Rensselaer to impose an additional one percent of sales and compensating use taxes (Item LL); authorizes the county of Rockland to impose an additional rate of sales and compensating use taxes (Item MM); extends the authority of St. Lawrence county to impose sales tax (Item NN); relates to the imposition of sales and compensating use tax in Schenectady county (Item OO); extends the authorization for imposition of additional sales tax in the county of Schoharie (Item PP); extends the authorization of the county of Schuyler to impose an additional one percent of sales and compensating use taxes (Item QQ); extends the expiration of the authorization to the county of Seneca to impose an additional one percent sales and compensating use tax (Item RR); extends the authorization of the county of Steuben to impose an additional one percent of sales and compensating use taxes (Item SS); extends the authority of the county of Suffolk to impose an additional one percent of sales and compensating use tax (Item TT); extends authorization to impose certain taxes in the county of Sullivan (Item UU); extends the authorization of the county of Tioga to impose an additional one percent of sales and compensating use taxes (Item VV); extends the authorization of the county of Tompkins to impose an additional one percent of sales and compensating use taxes (Item WW); extends the authority of the county of Ulster to impose an additional 1 percent sales and compensating use tax (Item XX); extends the additional one percent sales tax for Wayne county (Item YY); extends the expiration of the authorization to the county of Wyoming to impose an additional one percent sales and compensating use tax (Item ZZ); extends the authorization of the county of Yates to impose an additional one percent of sales and compensating use taxes (Item AAA); extends the authorization of the city of Oswego to impose an additional tax rate of sales and compensating use taxes (Item BBB); authorizes the city of Yonkers to impose additional sales tax (Item CCC); extends the authorization of the city of New Rochelle to impose an additional sales and compensating use tax (Item DDD); revises the period of authorization for the county of Westchester's additional one percent rate of sales and compensating use tax and the expiration of the Westchester county spending limitation act; relates to the method of disposition of sales and compensating use tax revenue in Westchester county and enacting the Westchester county spending limitation act, in relation to revising the period of authorization for the county of Westchester's additional one percent rate of sales; authorizes the county of Westchester to impose an additional rate of sales and compensating use tax, in relation to extending the authorization for the county of Westchester impose an additional tax rate of sales and compensating use taxes (Item EEE)(Subpart C); extends the authority of the county of Nassau to impose hotel and motel taxes in Nassau county; relates to hotel and motel taxes in Nassau county and a surcharge on tickets to places of entertainment in such county (Item A); increases hotel/motel taxes in Chautauqua county (Item B); extends the expiration of the authority granted to the county of Suffolk to impose hotel and motel taxes (Item C); relates to enabling the county of Albany to impose and collect taxes on occupancy of hotel or motel rooms in Albany county relating to revenues received from the collection of hotel or motel occupancy taxes (Item D) (Subpart D); authorizes the county of Schoharie to impose a county recording tax on obligation secured by a mortgage on real property (Item A); authorizes the county of Hamilton to impose a county recording tax on obligations secured by mortgages on real property (Item B); relates to the mortgage recording tax in the county of Fulton (Item C); extends the expiration of the mortgage recording tax imposed by the city of Yonkers (Item D); authorizes the county of Cortland to impose an additional mortgage recording tax (Item E); authorizes the county of Genesee to impose a county recording tax on obligation secured by a mortgage on real property (Item F); authorizes the county of Yates to impose a county recording tax on obligations secured by a mortgage on real property (Item G); relates to the mortgage recording tax in the county of Steuben (Item H); authorizes the county of Albany to impose a county recording tax on obligations secured by a mortgage on real property (Item I); authorizes the county of Greene to impose an additional mortgage recording tax (Item L); authorizes the county of Warren to impose an additional mortgage recording tax (Item M); authorizes the county of Herkimer to impose a county recording tax on obligation secured by a mortgage on real property (Item N)(Subpart E); imposes an additional real estate transfer tax within the county of Columbia (Subpart F); relates to the imposition of certain taxes in the city of New York, in relation to postponing the expiration of certain tax rates and taxes in the city of New York (Subpart G); relates to exemptions from sales and use taxes, in relation to extending certain provisions thereof; extends certain provisions relating to specially eligible premises and special rebates; extends certain provisions relating to exemptions and deductions from base rent; extends certain provisions relating to eligibility periods and requirements; extends certain provisions relating to eligibility periods and requirements, benefit periods and applications for abatements; extends certain provisions relating to a special reduction in determining the taxable base rent (Item A); extends the expiration of the solar electric generating system and the electric energy storage equipment tax abatement (Item B); authorizes reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof (Item C); repeals certain provisions of the state finance law relating to the motorcycle safety fund (Item D); relates to catastrophic or reinsurance coverage issued to certain small groups, relates to catastrophic or reinsurance coverage issued to certain small groups (Item E)(Subpart H)(Part XXX); relates to the disclosure of certain records by the commissioner of motor vehicles (Part YYY); relates to public financing for state office; establishes the New York state campaign finance fund; establishes the NYS campaign finance fund check-off (Part ZZZ)
Spectrum: Committee Bill
Status: (Passed) 2020-04-03 - SIGNED CHAP.58 [S07508 Detail]
Download: New_York-2019-S07508-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 2020-2021 state fiscal year; relates to consolidated local highway assistance payments (Part A); relates to penalties for commercial vehicles on parkways and penalties for over-height vehicles (Part B); relates to the display of amber and blue lights on safety service patrol vehicles (Part C); relates to the maximum dimension of certain vehicles proceeding to and from the New York state thruway authority (Part E); relates to agreements for fiber optics (Part F); relates to penalties for unlicensed operation of ground transportation to and from airports (Part H); relates to setting the aggregate principal amount of bonds the Metropolitan transit authority, the Triborough bridge and tunnel authority and the New York city transit authority can issue (Part I); relates to the New York transit authority and the metropolitan transportation authority, in relation to extending authorization for tax increment financing for the metropolitan transportation authority (Part K); relates 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 (Part R); relates to prohibiting pricing of goods and services on the basis of gender (Part S); relates to making changes to the arms of the state (Part U); relates to qualifications for appointment and employment (Part V); relates to home inspection professional licensing (Part W); authorizes utility and cable television assessments that provide funds to the department of health from cable television assessment revenues and to the department of agriculture and markets, department of environmental conservation, department of state, and the office of parks, recreation and historic preservation from utility assessment revenues (Part Y); relates to the powers and duties of the dormitory authority of the state of New York relative to the establishment of subsidiaries for certain purposes (Part CC); amends the infrastructure investment act, in relation to requiring certain contracts to comply with service-disabled veteran-owned business enterprises, negotiating prices in certain lump-sum contracts, referencing certain sections of law and providing for a date of repeal (Part DD); extends the authority of the New York state urban development corporation to administer the empire state economic development fund (Part EE); relates to the powers of the New York state urban development corporation to make loans, in relation to extending the general loan powers of the New York state urban development corporation (Part FF); relates to economic transformation program eligibility (Part GG); authorizes 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 program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part HH); relates to the definition of farm laborer and labor practices for farm laborers (Part II); relates to procurement procedures for school districts in relation to New York state products (Part JJ); relates to the water pollution control revolving fund and the drinking water revolving fund (Part KK); relates to student debt consultants (Part MM); relates to expanded polystyrene foam container and polystyrene loose fill packaging ban; relates to moneys collected for violations of the expanded polystyrene foam container and polystyrene loose fill packaging ban (Part PP); authorizes the creation of state debt in the amount of three billion dollars, in relation to creating the environmental bond act of 2020 "restore mother nature" for the purposes of environmental improvements that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change; provides for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2020 (Part QQ); relates to the implementation of the environmental bond act of 2020 "restore mother nature" (Part RR); authorizes the county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart A); authorizes the village of East Rockaway, county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart B); authorizes the village of Rockville Centre, county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart C)(Part UU); relates to banning fracking (Part WW); relates to bicycles with electric assist and electric scooters (Part XX); relates to increasing certain motor vehicle transaction fees; relates to the costs of the department of motor vehicles (Part YY); relates to the acceptance of applications for accident prevention and pre-licensing internet courses; establishes the accident prevention course internet technology pilot program (Part ZZ); amends the New York Buy American Act, in relation to the report to be provided and to making such provisions permanent (Part EEE); relates to prevailing wage requirements (Part FFF); amends the New York state urban development corporation act, in relation to the corporations' authorization to provide financial and technical assistance to community development financial institutions (Part III); accelerates the growth of renewable energy facilities to meet critical state energy policy goals (Part JJJ); extends the application deadline for businesses to participate in the START-UP NY program (Part KKK); authorizes the metropolitan transportation authority to borrow money and issue negotiable notes, bonds or other obligations to offset decreases in revenue (Part LLL); relates to the central business district tolling lockbox fund (Part MMM); relates to admission to residential treatment facilities (RTF) for children and youth (Part NNN); authorizes the transfer of certain office of mental health employees to the secure treatment rehabilitation center (Part OOO); relates to the amount of time an individual may be held for emergency observation, care, and treatment in CPEP and the implementation of satellite sites; relates to comprehensive psychiatric emergency programs (Part PPP); relates to penalties relating to mental health and substance use disorder parity compliance requirements; establishes the behavioral health parity compliance fund (Part QQQ); relates to providers of service (Part RRR); relates to applied behavior analysis (Part SSS); relates to the closure or transfer of a state-operated individualized residential alternative (Part TTT); provides funding for the Metropolitan Transportation Authority 2020-2024 capital program and paratransit operating expenses (Part UUU); relates to acquisitions or transfers of property for transit projects (Part VVV); relates to decoupling from certain federal tax changes (Part WWW); relates to installment loans and obligations evidencing installment loans (Item A); relates to statutory installment bonds (Item B); relates to refunding bonds (Item C); relates to the special powers of the New York state environmental facilities corporation (Item D); extends the authority of the department of environmental conservation to manage Atlantic and shortnose sturgeon (Item E); extends the authority of the department of environmental conservation to manage Atlantic Cod (Item F); extends the authority of the department of environmental conservation to manage Atlantic herring (Item G); extends the authority of the department of environmental conservation to manage black sea bass (Item H); extends the authority of the department of environmental conservation to manage blueback herring (Item I); extends the authority of the department of environmental conservation to manage crabs (Item J); extends the authority of the department of environmental conservation to restrict the taking of fish, shellfish and crustacea in special management areas (Item K); extends the authority of the department of environmental conservation to manage of fluke-summer flounder (Item L); extends the authority of the department of environmental conservation to manage scup (Item M); extends the authority of the department of environmental conservation to manage sharks (Item N); extends the authority of the department of environmental conservation to manage squid (Item O); extends the authority of the department of environmental conservation to manage whelk and conch (Item P); extends the authority of the department of environmental conservation to manage winter flounder (Item Q); relates to commercial fishing licenses (Item R)(Subpart A); authorizes certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with an event sanctioned by the World Triathlon Corporation (Item A); authorizes the city of Middletown to enter into a contract to sell or pledge as collateral for a loan some or all of the delinquent liens held by such city to a private party or engage a private party to collect some or all of the delinquent tax liens held by it (Item B); redistributes bond volume allocations made pursuant to section 146 of the federal tax reform act of 1986, relating to allocation of the unified state bond volume ceiling, enacts the private activity bond allocation act of 2020 (Item C); relates to the upstate flood mitigation task force (Item D); authorizes a pilot residential parking permit system in the city of Albany (Item K); relates to charging a fee for admission to the New York Botanical Garden (Item L); creates the radon task force, in relation to the reporting date and effectiveness thereof (Item M); relates to defining spearguns and allowing recreational spearfishing in New York's marine and coastal waters (Item N); relates to aquatic invasive species, spread prevention, and penalties (Item O); relates to the September 11th worker protection task force act (Item P); relates to extending time limitations for certain actions (Item Q); authorizes New York city marshals to exercise the same functions, powers and duties as sheriffs with respect to the execution of money judgments (Item R); relates to limits on certain supplementary insurance (Item S); relates to the sale of municipal obligations by the county of Erie (Item T); relates to payment in lieu of taxes for property acquired for park or recreational purposes (Item U); relates to payment in lieu of taxes for property acquired for park or recreational purposes by the town of Hempstead (Item V); relates to the provision of physical therapy assistant services in public and private primary and secondary schools (Item W); relates to the membership composition of the metropolitan transportation authority board (Item X); establishes the New York telecommunications relay service center (Item Y); relates to the tax abatement and exemption for rent regulated and rent controlled property occupied by senior citizens; relates to the tax abatement and exemption for rent regulated and rent controlled property occupied by persons with disabilities (Item Z); relates to the creation of a state information technology innovation center (Item AA); creates a presumption relating to certain lung disabilities incurred by volunteer firefighters (Item BB); relates to disability due to disease or malfunction of the heart or coronary arteries (Item CC); relates to certified school psychologists and special education services and programs for preschool children with handicapping conditions (Item DD); authorizes certain health care professionals licensed to practice in other jurisdictions to practice in this state in connection with an event sanctioned by New York Road Runners (Item EE); relates to paperwork reduction (Item FF); relates to bonds and notes of the city of Yonkers (Item GG); relates to the sale of bonds and notes of the city of Buffalo (Item HH); relates to assessment and review of assessments in the county of Nassau (Item II); extends provisions of the property/casualty insurance availability act (Item JJ); relates to certain tuition waivers for police officer students of the city university of New York (Item KK); requires regulations to permit tuition waivers for certain firefighters and fire officers for CUNY (Item LL); relates to repair of damaged pesticide containers (Item MM); relates to pesticide registration time frames and fees; relates to pesticide product registration timetables and fees (Item NN); relates to temporary investments by local governments (Item OO); authorizes services for non-residents in adult homes, residences for adults and enriched housing programs Item PP); relates to the sale of bonds and notes of the city of New York, the issuance of bonds or notes with variable rates of interest, interest rate exchange agreements of the city of New York, the refunding of bonds, and the down payment for projects financed by bonds; amends the New York state financial emergency act for the city of New York, in relation to a pledge and agreement of the state; relates to interest rate exchange agreements of the city of New York and refunding bonds of such city (Item QQ); relates to certain payments to the horsemen's organization (Item RR); relates to use of electronic means for the commencement and filing of papers in certain actions and proceedings (Item SS); establishes certain water charges for hospitals and charities in New York city (Item TT); relates to the boarding of out of state inmates at local correctional facilities (Item UU); relates to the adoption of the interstate compact for juveniles by the state of New York (Item VV); grants the chief administrator of the courts the authority to allow referees to determine applications for orders of protection during the hours family court is in session (Item WW); relates to an advisory panel on employee-owned enterprises within the division of small business services; relates to establishing an advisory panel on employee-owned enterprises within the division of small business services (Item XX); establishes the underground facilities safety training account (Item YY); authorizes the hunting of big game in the county of Albany with rifles (Item ZZ); relates to liquidator's permits and temporary retail permits (Item AAA); relates to the New York state thoroughbred breeding and development fund; relates to permitted deductions from wages (Item CCC) establishes the digital currency task force (Item DDD); authorizes the city of New York to sell to abutting property owners real property owned by such city, consisting of tax lots that cannot be independently developed due to the size, shape, configuration and topography of such lots and the zoning regulations applicable thereto (Item EEE); requires certain agencies to submit regulatory agendas for publication in the state register (Item FFF); relates to the taking of sharks (Item GGG); authorizes owners of residential real property in high risk brush fire areas in the borough of Staten Island to cut and remove reeds from their property, in relation to extending the expiration and repeal date thereof for an additional year (Item HHH); creates a temporary state commission to study and investigate how to regulate artificial intelligence, robotics and automation (Item III); relates to the determination of adjusted base proportions in special assessing units which are cities (Item JJJ); extends limitations on the shift between classes of taxable property in the town of Orangetown, county of Rockland (Item KKK); extends limitations on the shift between classes of taxable property in the town of Clarkstown, county of Rockland (Item LLL); allows certain special assessing units other than cities to adjust their current base proportions, adjusted base proportions for assessment rolls, and the base proportion in approved assessing units in Nassau county (Item MMM); increases certain special accidental death benefits (Item NNN); relates to the home based primary care for the elderly demonstration project (Item OOO); relates to the residential parking system in the village of Dobbs Ferry in the county of Westchester (Item PPP); relates to the incorporation of the New York Zoological Society, in relation to extending the expiration date of free one day admission to the zoological park (Item QQQ); increases the average assessed value threshold and to eligibility for J-51 tax abatements (Item RRR); relates to fees and expenses in unemployment insurance proceedings (Item SSS); extends authorization for certain exemptions from filing requirements (Item TTT); extends the tax rate reduction under the New York state real estate transfer tax and the New York city real property transfer tax for conveyances of real property to existing real estate investment funds (Item UUU)(Subpart B); relates to the imposition of sales and compensating use taxes by the county of Albany (Item A); extends the expiration of the provisions authorizing the county of Allegany to impose an additional one and one-half percent sales and compensating use taxes (Item B); extends the authorization of the county of Broome to impose an additional one percent of sales and compensating use taxes (Item C); extends the expiration of provisions authorizing the county of Cattaraugus to impose an additional one percent of sales and compensating use tax (Item D); extends the authorization of the county of Cayuga to impose an additional one percent of sales and compensating use taxes (Item E); authorizes Chautauqua county to impose an additional one percent rate of sales and compensating use taxes (Item F); extends the authorization of the county of Chemung to impose an additional one percent of sales and compensating use taxes (Item G); extends the authority of Chenango county to impose additional taxes (Item H); extends the expiration of the authorization granted to the county of Clinton to impose an additional rate of sales and compensating use tax (Item I); relates to sales and compensating use tax in Columbia county (Item J); extends the authorization for imposition of additional sales tax in the county of Cortland (Item K); extends the authorization of the county of Delaware to impose an additional one percent of sales and compensating use taxes (Item L); relates to sales and compensating use tax in Dutchess county (Item M); relates to the imposition of additional rates of sales and compensating use taxes by Erie county (Item N); extends the authorization granted to the county of Essex to impose an additional one percent of sales and compensating use taxes (Item O); extends the expiration of the authority granted to the county of Franklin to impose an additional one percent of sales and compensating use taxes (Item P); relates to the imposition of additional sales and compensating use tax in Fulton county (Item Q); extends the expiration of the authorization to the county of Genesee to impose an additional one percent of sales and compensating use taxes (Item R); extends the authorization for imposition of additional sales and compensating use taxes in Greene county (Item S); extends the authorization of the county of Hamilton to impose an additional one percent of sales and compensating use taxes (Item T); extends the period during which the county of Herkimer is authorized to impose additional sales and compensating use taxes (Item U); authorizes the county of Jefferson to impose additional sales tax (Item V); authorizes the county of Lewis to impose an additional one percent of sales and compensating use taxes (Item W); authorizes the county of Livingston to impose an additional one percent sales tax (Item X); extends the authorization of the county of Madison to impose an additional rate of sales and compensating use taxes (Item Y); relates to the imposition of sales and compensating use taxes by the county of Monroe (Item Z); relates to the imposition of sales and compensating use taxes in Montgomery county (Item AA); extends the authority of the county of Nassau to impose additional sales and compensating use taxes, and extending local government assistance programs in Nassau county (Item BB); relates to continuing to authorize Niagara county to impose an additional rate of sales and compensating use taxes (Item CC); authorizes Oneida county to impose additional rates of sales and compensating use taxes and providing for allocation and distribution of a portion of net collections from such additional rates (Item DD); extends the authorization of the county of Onondaga to impose an additional rate of sales and compensating use taxes (Item EE); extends the authorization for Ontario county to impose additional rates of sales and compensating use taxes (Item FF); extends the authority of the county of Orange to impose an additional rate of sales and compensating use taxes (Item GG); extends the period during which the county of Orleans is authorized to impose additional rates of sales and compensating use taxes (Item HH); extends authorization for an additional one percent sales and compensating use tax in the county of Oswego (Item II); extends the authorization for imposition of additional sales tax in the county of Otsego (Item JJ); relates to the imposition of sales and compensating use taxes in the county of Putnam (Item KK); extends the authorization of the county of Rensselaer to impose an additional one percent of sales and compensating use taxes (Item LL); authorizes the county of Rockland to impose an additional rate of sales and compensating use taxes (Item MM); extends the authority of St. Lawrence county to impose sales tax (Item NN); relates to the imposition of sales and compensating use tax in Schenectady county (Item OO); extends the authorization for imposition of additional sales tax in the county of Schoharie (Item PP); extends the authorization of the county of Schuyler to impose an additional one percent of sales and compensating use taxes (Item QQ); extends the expiration of the authorization to the county of Seneca to impose an additional one percent sales and compensating use tax (Item RR); extends the authorization of the county of Steuben to impose an additional one percent of sales and compensating use taxes (Item SS); extends the authority of the county of Suffolk to impose an additional one percent of sales and compensating use tax (Item TT); extends authorization to impose certain taxes in the county of Sullivan (Item UU); extends the authorization of the county of Tioga to impose an additional one percent of sales and compensating use taxes (Item VV); extends the authorization of the county of Tompkins to impose an additional one percent of sales and compensating use taxes (Item WW); extends the authority of the county of Ulster to impose an additional 1 percent sales and compensating use tax (Item XX); extends the additional one percent sales tax for Wayne county (Item YY); extends the expiration of the authorization to the county of Wyoming to impose an additional one percent sales and compensating use tax (Item ZZ); extends the authorization of the county of Yates to impose an additional one percent of sales and compensating use taxes (Item AAA); extends the authorization of the city of Oswego to impose an additional tax rate of sales and compensating use taxes (Item BBB); authorizes the city of Yonkers to impose additional sales tax (Item CCC); extends the authorization of the city of New Rochelle to impose an additional sales and compensating use tax (Item DDD); revises the period of authorization for the county of Westchester's additional one percent rate of sales and compensating use tax and the expiration of the Westchester county spending limitation act; relates to the method of disposition of sales and compensating use tax revenue in Westchester county and enacting the Westchester county spending limitation act, in relation to revising the period of authorization for the county of Westchester's additional one percent rate of sales; authorizes the county of Westchester to impose an additional rate of sales and compensating use tax, in relation to extending the authorization for the county of Westchester impose an additional tax rate of sales and compensating use taxes (Item EEE)(Subpart C); extends the authority of the county of Nassau to impose hotel and motel taxes in Nassau county; relates to hotel and motel taxes in Nassau county and a surcharge on tickets to places of entertainment in such county (Item A); increases hotel/motel taxes in Chautauqua county (Item B); extends the expiration of the authority granted to the county of Suffolk to impose hotel and motel taxes (Item C); relates to enabling the county of Albany to impose and collect taxes on occupancy of hotel or motel rooms in Albany county relating to revenues received from the collection of hotel or motel occupancy taxes (Item D) (Subpart D); authorizes the county of Schoharie to impose a county recording tax on obligation secured by a mortgage on real property (Item A); authorizes the county of Hamilton to impose a county recording tax on obligations secured by mortgages on real property (Item B); relates to the mortgage recording tax in the county of Fulton (Item C); extends the expiration of the mortgage recording tax imposed by the city of Yonkers (Item D); authorizes the county of Cortland to impose an additional mortgage recording tax (Item E); authorizes the county of Genesee to impose a county recording tax on obligation secured by a mortgage on real property (Item F); authorizes the county of Yates to impose a county recording tax on obligations secured by a mortgage on real property (Item G); relates to the mortgage recording tax in the county of Steuben (Item H); authorizes the county of Albany to impose a county recording tax on obligations secured by a mortgage on real property (Item I); authorizes the county of Greene to impose an additional mortgage recording tax (Item L); authorizes the county of Warren to impose an additional mortgage recording tax (Item M); authorizes the county of Herkimer to impose a county recording tax on obligation secured by a mortgage on real property (Item N)(Subpart E); imposes an additional real estate transfer tax within the county of Columbia (Subpart F); relates to the imposition of certain taxes in the city of New York, in relation to postponing the expiration of certain tax rates and taxes in the city of New York (Subpart G); relates to exemptions from sales and use taxes, in relation to extending certain provisions thereof; extends certain provisions relating to specially eligible premises and special rebates; extends certain provisions relating to exemptions and deductions from base rent; extends certain provisions relating to eligibility periods and requirements; extends certain provisions relating to eligibility periods and requirements, benefit periods and applications for abatements; extends certain provisions relating to a special reduction in determining the taxable base rent (Item A); extends the expiration of the solar electric generating system and the electric energy storage equipment tax abatement (Item B); authorizes reimbursements for expenditures made by or on behalf of social services districts for medical assistance for needy persons and administration thereof (Item C); repeals certain provisions of the state finance law relating to the motorcycle safety fund (Item D); relates to catastrophic or reinsurance coverage issued to certain small groups, relates to catastrophic or reinsurance coverage issued to certain small groups (Item E)(Subpart H)(Part XXX); relates to the disclosure of certain records by the commissioner of motor vehicles (Part YYY); relates to public financing for state office; establishes the New York state campaign finance fund; establishes the NYS campaign finance fund check-off (Part ZZZ)
Spectrum: Committee Bill
Status: (Passed) 2020-04-03 - SIGNED CHAP.58 [S07508 Detail]
Download: New_York-2019-S07508-Amended.html
STATE OF NEW YORK ________________________________________________________________________ S. 7508--A A. 9508--A SENATE - ASSEMBLY January 22, 2020 ___________ IN SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti- cle seven of the Constitution -- read twice and ordered printed, and when printed to be committed to the Committee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee IN ASSEMBLY -- A BUDGET BILL, submitted by the Governor pursuant to article seven of the Constitution -- read once and referred to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the highway law and the transportation law, in relation to consolidated local highway assistance payments (Part A); to amend the vehicle and traffic law in relation to penalties for commercial vehicles on parkways and penalties for over-height vehicles (Part B); to amend the vehicle and traffic law, in relation to the display of amber and blue lights on safety service patrol vehicles (Part C); to amend the penal law and the vehicle and traffic law, in relation to highway worker safety (Subpart A); to amend the vehicle and traffic law and the highway law, in relation to highway clearance (Subpart B); and to amend the vehicle and traffic law, in relation to increased fines for injury to pedestrians (Subpart C) (Part D); to amend the vehicle and traffic law, in relation to the maximum dimension of certain vehicles proceeding to and from the New York state thruway authority (Part E); to amend the public authorities law, in relation to agreements for fiber optics (Part F); to amend the public authori- ties law and the highway law, in relation to consolidation of the New York state bridge authority with the New York state thruway authority; and to repeal title 2 of article 3 of the public authorities law relating thereto (Part G); to amend the vehicle and traffic law, in relation to penalties for unlicensed operation of ground transporta- tion to and from airports (Part H); to amend the public authorities law, in relation to setting the aggregate principal amount of bonds the Metropolitan transit authority, the Triborough bridge and tunnel authority and the New York city transit authority can issue (Part I); to amend the public authorities law, in relation to procurements conducted by the New York City transit authority and the metropolitan transportation authority; to amend part OO of chapter 54 of the laws EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12673-02-0S. 7508--A 2 A. 9508--A of 2016, amending the public authorities law relating to procurements by the New York City transit authority and the metropolitan transpor- tation authority, in relation to the effectiveness thereof; and to repeal certain provisions of the public authorities law relating ther- eto (Part J); to amend chapter 54 of the laws of 2016 amending the general municipal law relating to the New York transit authority and the metropolitan transportation authority, in relation to extending authorization for tax increment financing for the metropolitan trans- portation authority (Part K); to amend the public authorities law, in relation to providing the metropolitan transit authority the right to enter private property to trim trees and vegetation for safety purposes (Part L); to amend the penal law, in relation to including the intentional use of any toll highway, parkway, road, bridge or tunnel or entry into or remaining in a tolled central business district without payment of the lawful toll or charge as a theft of services; and to amend the vehicle and traffic law, in relation to the penalty imposed upon the operator of a vehicle with an altered or obscured license plate while on a toll highway, bridge or tunnel (Part M); to amend the penal law, in relation to assaulting certain employ- ees of a transit agency or authority (Part N); to amend the penal law, in relation to harassing certain employees of a transit agency or authority (Part O); to amend the penal law and the public authorities law, in relation to transit crimes and prohibition orders relating to such crimes (Part P); to amend the business corporation law, the coop- erative corporations law, the executive law, the general associations law, the general business law, the limited liability company law, the not-for-profit corporation law, the partnership law, the private hous- ing finance law, the arts and cultural affairs law, the real property law and the tax law, in relation to streamlining the process by which service of process is served against a corporate or other entity with the secretary of state; and to repeal certain provisions of the real property law relating thereto (Part Q); 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 effec- tiveness thereof (Part R); to amend the general business law, in relation to prohibiting gender discrimination within the pricing of consumer goods and services (Part S); to amend the general business law, in relation to telemarketing and to provide for caller identifi- cation transparency, call authentication, and call blocking services; and to repeal certain provisions of such law relating thereto (Part T); to amend the state law, in relation to making changes to the arms of the state (Part U); to amend the executive law, the real property law and the general business law, in relation to qualifications for appointment and employment (Part V); to amend the real property law, in relation to home inspection professional licensing (Part W); to amend the business corporation law, the executive law, the limited liability company law, the not-for-profit corporation law, and the partnership law, in relation to filing of certificates with the department of state; and repealing provisions of the business corpo- ration law, the limited liability company law and the tax law related thereto (Part X); to authorize utility and cable television assess- ments that provide funds to the department of health from cable tele- vision assessment revenues and to the department of agriculture and markets, department of environmental conservation, department ofS. 7508--A 3 A. 9508--A state, and the office of parks, recreation and historic preservation from utility assessment revenues (Part Y); to amend the public service law, in relation to strengthening the oversight and enforcement mech- anisms of the public service commission (Part Z); to amend the public service law, the state finance law, the public authorities law and the general business law, in relation to prohibiting internet service providers from preventing access to certain internet content or appli- cations or requiring users to pay to access certain internet content or applications (Part AA); to amend the general municipal law, in relation to authorizing municipal corporations to charge for use and occupancy of fiber-optic lines on municipally owned rights of way and establish a uniform process for the siting of small cell wireless facilities; and to amend the highway law, in relation to statewide master license agreements (Part BB); to amend chapter 584 of the laws of 2011, amending the public authorities law relating to the powers and duties of the dormitory authority of the state of New York rela- tive to the establishment of subsidiaries for certain purposes, in relation to the effectiveness thereof (Part CC); to amend the infras- tructure investment act, in relation to requiring certain contracts to comply with service-disabled veteran-owned business enterprises, nego- tiating prices in certain lump-sum contracts, referencing certain sections of law and providing for a date of repeal (Part DD); to amend the New York state urban development corporation act, in relation to extending the authority of the New York state urban development corpo- ration to administer the empire state economic development fund (Part EE); to amend 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 corporation to make loans, in relation to extending the general loan powers of the New York state urban development corporation (Part FF); to amend the economic devel- opment law, in relation to economic transformation program eligibility (Part GG); to authorize the New York state energy research and devel- opment authority to finance a portion of its research, development and demonstration, policy and planning, and Fuel NY program, as well as climate change related expenses of the department of environmental conservation and the department of agriculture and markets' Fuel NY program, from an assessment on gas and electric corporations (Part HH); to amend the labor law, in relation to the definitions of employ- er and immediate family member (Part II); to amend the general munici- pal law, in relation to discretionary spending and procurement proce- dures for school districts in relation to New York state products (Part JJ); to amend the public authorities law, in relation to the water pollution control revolving fund and the drinking water revolv- ing fund (Part KK); to amend the banking law and the civil practice law and rules, in relation to licensing consumer debt collectors (Part LL); to amend the financial services law, in relation to licensing student debt relief consultants; and to amend the banking law, in relation to requiring fingerprinting for applications for a student loan servicer license (Part MM); to amend the financial services law and the insurance law, in relation to protecting New York consumers from unfair and abusive practices (Part NN); to amend the banking law, in relation to fighting elder financial fraud (Part OO); to amend the environmental conservation law, in relation to expanded polystyrene foam container and polystyrene loose fill packaging ban (Part PP); authorizing the creation of state debt in the amount of three billion dollars, in relation to creating the environmental bond act of 2020S. 7508--A 4 A. 9508--A "restore mother nature" for the purposes of environmental improvements that preserve, enhance, and restore New York's natural resources and reduce the impact of climate change by restoring habitats and reducing flood risk; improving water quality; protecting open space and invest- ing in recreational infrastructure; expanding the use of renewable energy to mitigate climate change; and providing for the submission to the people of a proposition or question therefor to be voted upon at the general election to be held in November, 2020 (Part QQ); to amend the environmental conservation law and the state finance law, in relation to the implementation of the environmental bond act of 2020 "restore mother nature" (Part RR); to amend the environmental conser- vation law, in relation to a product stewardship program; and to amend the state finance law, in relation to establishing the stewardship organization fund (Part SS); to amend the environmental conservation law, in relation to freshwater wetlands; and to repeal certain provisions of such law relating thereto (Part TT); to authorize the county of Nassau, to permanently and temporarily convey certain ease- ments and to temporarily alienate certain parklands (Subpart A); to authorize the village of East Rockaway, county of Nassau, to perma- nently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart B); and to authorize the village of Rockville Centre, county of Nassau, to permanently and temporarily convey certain easements and to temporarily alienate certain parklands (Subpart C) (Part UU); to amend the environmental conservation law, in relation to financial security for the plugging and site reclamation of regulated wells (Part VV); to amend the environmental conservation law, in relation to banning fracking (Part WW); to amend the vehicle and traffic law, in relation to bicycles with electric assist (Part XX); to amend chapter 62 of the laws of 2003, amending the vehicle and traffic law and other laws relating to increasing certain motor vehi- cle transaction fees, in relation to the effectiveness thereof; and to amend chapter 84 of the laws of 2002, amending the state finance law relating to the costs of the department of motor vehicles, in relation to the effectiveness thereof (Part YY); to amend chapter 751 of the laws of 2005, amending the insurance law and the vehicle and traffic law relating to establishing the accident prevention course internet technology pilot program, in relation to extending the effectiveness thereof (Part ZZ); to amend the vehicle and traffic law, in relation to the regulation of the use of electric scooters (Part AAA); to amend the public authorities law, in relation to the centers for advanced technology program; and to repeal section 410 of the economic develop- ment law relating to the centers for excellence program (Part BBB); to amend the insurance law, the public authorities law and the tax law, in relation to authorizing the power authority of the state of New York to form a pure captive insurance company (Part CCC); to amend the Hudson river park act, in relation to Pier 76 (Part DDD); to amend the New York Buy American Act, in relation to the report to be provided and to making such provisions permanent (Part EEE); to amend the labor law, in relation to prevailing wage requirements (Part FFF); to amend the labor law, in relation to classification of digital marketplace workers; and to establish the New York digital marketplace worker classification task force (Part GGG); to amend the general business law, in relation to extending the length of time temporary security guards can be used at specific events (Part HHH); to amend the New York state urban development corporation act, in relation to the corporations' authorization to provide financial and technical assist-S. 7508--A 5 A. 9508--A ance to community development financial institutions (Part III); and to amend the public service law, the economic development law, the real property tax law, the general municipal law, the public authori- ties law, the environmental conservation law, the New York state urban development corporation act and the state finance law, in relation to accelerating the growth of renewable energy facilities to meet crit- ical state energy policy goals (Part JJJ) 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 2020-2021 3 state fiscal year. Each component is wholly contained within a Part 4 identified as Parts A through JJJ. The effective date for each partic- 5 ular provision contained within such Part is set forth in the last 6 section of such Part. Any provision in any section contained within a 7 Part, including the effective date of the Part, which makes a reference 8 to a 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. Paragraph (e) of subdivision 4 of section 10-c of the high- 14 way law, as amended by section 2 of subpart B of part C of chapter 97 of 15 the laws of 2011, is amended to read as follows: 16 (e) Funds allocated for local street or highway projects under this 17 subdivision shall be used to undertake work on a project either with the 18 municipality's own forces or by contract, provided however, that whenev- 19 er the estimate for the construction contract work exceeds one hundred 20 thousand dollars but does not exceed [two] seven hundred fifty thousand 21 dollars such work must be performed either with the municipality's own 22 forces or by contract let by competitive bid in accordance with the 23 provisions of section one hundred three of the general municipal law and 24 provided further, however, that whenever the estimate for the 25 construction contract work exceeds [two] seven hundred fifty thousand 26 dollars such work must be performed by contract let by competitive bid 27 in accordance with the provisions of section one hundred three of the 28 general municipal law. 29 § 2. Subdivision 6 of section 234 of the transportation law, as 30 amended by chapter 369 of the laws of 1979, is amended to read as 31 follows: 32 6. for local street or highway projects, to undertake the work of the 33 project either with its own forces or by contract, however, whenever the 34 estimate for the construction contract work exceeds seven hundred fifty 35 thousand dollars such work must be performed by contract let by the 36 competitive bid process. 37 § 3. This act shall take effect immediately. 38 PART BS. 7508--A 6 A. 9508--A 1 Section 1. Subdivisions (g) and (h) of section 1800 of the vehicle and 2 traffic law, as added by chapter 221 of the laws of 2008, are amended to 3 read as follows: 4 (g) Notwithstanding the provisions of subdivisions (b) and (c) of this 5 section, a person convicted of a traffic infraction for a violation of 6 any ordinance, order, rule, regulation or local law adopted pursuant to 7 one or more of the following provisions of this chapter: paragraphs two 8 and nine of subdivision (a) of section sixteen hundred twenty-one; 9 subdivision three of section sixteen hundred thirty; or subdivision five 10 of section seventy-one of the transportation law, prohibiting the opera- 11 tion on a highway or parkway of a motor vehicle registered as a commer- 12 cial vehicle and having a gross vehicle weight rating of less than 13 [twenty-six] ten thousand pounds shall, for a first conviction thereof, 14 be punished by a fine of not more than two hundred fifty dollars or by 15 imprisonment of not more than fifteen days or by both such fine and 16 imprisonment; for a conviction of a second violation, both of which were 17 committed within a period of eighteen months, such person shall be 18 punished by a fine of not more than five hundred dollars or by imprison- 19 ment for not more than forty-five days or by both such fine and impri- 20 sonment; upon a conviction of a third or subsequent violation, all of 21 which were committed within a period of eighteen months, such person 22 shall be punished by a fine of not more than seven hundred fifty dollars 23 or by imprisonment of not more than ninety days or by both such fine and 24 imprisonment. Provided, however, the provisions of this subdivision 25 shall not apply to a commercial motor vehicle as such term is defined in 26 paragraph (a) of subdivision four of section five hundred one-a of this 27 chapter. 28 (h) Notwithstanding the provisions of subdivisions (b) and (c) of this 29 section, a person convicted of a traffic infraction for a violation of 30 any ordinance, order, rule, regulation or local law adopted pursuant to 31 one or more of the following provisions of this chapter: paragraphs two 32 and nine of subdivision (a) of section sixteen hundred twenty-one; 33 subdivision three of section sixteen hundred thirty; or subdivision five 34 of section seventy-one of the transportation law, prohibiting the opera- 35 tion on a highway or parkway of a motor vehicle registered as a commer- 36 cial vehicle and having a gross vehicle weight rating of at least ten 37 thousand pounds but no more than twenty-six thousand pounds shall, for a 38 first conviction thereof, be punished by a fine of not more than one 39 thousand dollars or by imprisonment of not more than fifteen days or by 40 both such fine and imprisonment; for a conviction of a second violation, 41 both of which were committed within a period of eighteen months, such 42 person shall be punished by a fine of not more than fifteen hundred 43 dollars or by imprisonment for not more than forty-five days or by both 44 such fine and imprisonment; upon a conviction of a third or subsequent 45 violation, all of which were committed within a period of eighteen 46 months, such person shall be punished by a fine of not more than two 47 thousand five hundred dollars or by imprisonment of not more than ninety 48 days or by both such fine and imprisonment; provided, however, the 49 provisions of this subdivision shall not apply to a commercial motor 50 vehicle as such term is defined in paragraph (a) of subdivision four of 51 section five hundred one-a of this chapter. 52 (i) Notwithstanding the provisions of subdivisions (b) and (c) of this 53 section, a person convicted of a traffic infraction for a violation of 54 any ordinance, order, rule, regulation or local law adopted pursuant to 55 one or more of the following provisions of this chapter: paragraphs two 56 and nine of subdivision (a) of section sixteen hundred twenty-one;S. 7508--A 7 A. 9508--A 1 subdivision three of section sixteen hundred thirty; or subdivision five 2 of section seventy-one of the transportation law, prohibiting the opera- 3 tion on a highway or parkway of a commercial motor vehicle as defined in 4 paragraph (a) of subdivision four of section five hundred one-a of this 5 chapter, for a first conviction thereof, be punished by a fine of not 6 more than [three hundred fifty] five thousand dollars or by imprisonment 7 of not more than fifteen days or by both such fine and imprisonment; for 8 a conviction of a second violation, both of which were committed within 9 a period of eighteen months, such person shall be punished by a fine of 10 not more than seven thousand five hundred dollars or by imprisonment for 11 not more than forty-five days or by both such fine and imprisonment; 12 upon a conviction of a third or subsequent violation, all of which were 13 committed within a period of eighteen months, such person shall be 14 punished by a fine of not more than [one] ten thousand dollars or by 15 imprisonment of not more than ninety days or by both such fine and 16 imprisonment. In addition to the penalties provided for in this subdivi- 17 sion, the registration of the vehicle may be suspended for a period not 18 to exceed one year whether at the time of the violation the vehicle was 19 in charge of the owner or his agent. The provisions of section five 20 hundred ten of this chapter shall apply to such suspension except as 21 otherwise provided herein. 22 § 2. Subdivision 18 of section 385 of the vehicle and traffic law, as 23 amended by chapter 549 of the laws of 1985, is amended, and a new subdi- 24 vision 18-a is added, to read as follows: 25 18. Except as provided in subdivision eighteen-a or nineteen of this 26 section, the violation of the provisions of this section including a 27 violation related to the operation, within a city not wholly included 28 within one county, of a vehicle which exceeds the limitations provided 29 for in the rules and regulations of the city department of transporta- 30 tion of such city, shall be punishable by a fine of not less than two 31 hundred nor more than five hundred dollars, or by imprisonment for not 32 more than thirty days, or by both such fine and imprisonment, for the 33 first offense; by a fine of not less than five hundred nor more than one 34 thousand dollars, or by imprisonment for not more than sixty days, or by 35 both such fine and imprisonment, for the second or subsequent offense; 36 provided that a sentence or execution thereof for any violation under 37 this subdivision may not be suspended. For any violation of the 38 provisions of this section, including a violation related to the opera- 39 tion, within a city not wholly included within one county, of a vehicle 40 which exceeds the limitations provided for in the rules and regulations 41 of the city department of transportation of such city, the registration 42 of the vehicle may be suspended for a period not to exceed one year 43 whether at the time of the violation the vehicle was in charge of the 44 owner or his agent. The provisions of section five hundred ten of this 45 chapter shall apply to such suspension except as otherwise provided 46 herein. 47 18-a. A violation of the provisions of subdivision two or fourteen of 48 this section, where the violation relates to the height of the vehicle, 49 including a violation related to the operation, within a city not wholly 50 included within one county, of a vehicle which exceeds the limitations 51 provided for in the rules and regulations of the city department of 52 transportation of such city, shall be punishable by a fine of not more 53 than five thousand dollars, or by imprisonment for not more than thirty 54 days, or by both such fine and imprisonment, for the first offense; by a 55 fine of not more than seven thousand five hundred dollars, or by impri- 56 sonment for not more than sixty days, or by both such fine and imprison-S. 7508--A 8 A. 9508--A 1 ment, for the second or subsequent offense; provided that a sentence or 2 execution thereof for any violation under this subdivision may not be 3 suspended. For any violation of the provisions of this section, includ- 4 ing a violation related to the operation, within a city not wholly 5 included within one county, of a vehicle which exceeds the limitations 6 provided for in the rules and regulations of the city department of 7 transportation of such city, the registration of the vehicle may be 8 suspended for a period not to exceed one year whether at the time of the 9 violation the vehicle was in charge of the owner or his agent. The 10 provisions of section five hundred ten of this chapter shall apply to 11 such suspension except as otherwise provided herein. 12 § 3. This act shall take effect on the one hundred eightieth day after 13 it shall have become a law. 14 PART C 15 Section 1. The vehicle and traffic law is amended by adding a new 16 section 141-c to read as follows: 17 § 141-c. Safety service patrol vehicle. A vehicle designated by the 18 commissioner of transportation to provide highway incident management 19 and motorist assistance by, among other things, clearing highways of 20 disabled and damaged vehicles; permanently or temporarily repairing 21 disabled or damaged vehicles; clearing small debris resulting from minor 22 accidents or vehicle repair; and assisting emergency responders with 23 traffic control at highway incidents. 24 § 2. Subparagraphs a and c of paragraph 4 of subdivision 41 of section 25 375 of the vehicle and traffic law, as amended by chapter 465 of the 26 laws of 2010, are amended to read as follows: 27 a. One blue light may be affixed to any motor vehicle owned by a 28 volunteer member of a fire department or on a motor vehicle owned by a 29 member of such person's family residing in the same household or by a 30 business enterprise in which such person has a proprietary interest or 31 by which he or she is employed, provided such volunteer firefighter has 32 been authorized in writing to so affix a blue light by the chief of the 33 fire department or company of which he or she is a member, which author- 34 ization shall be subject to revocation at any time by the chief who 35 issued the same or his or her successor in office. Such blue light may 36 be displayed exclusively by such volunteer firefighter on such a vehicle 37 only when engaged in an emergency operation. The use of blue lights on 38 vehicles shall be restricted for use only by a volunteer firefighter 39 except as otherwise provided for in [subparagraph] subparagraphs b and 40 b-1 of this paragraph. 41 c. The commissioner is authorized to promulgate rules and regulations 42 relating to the use, placement, power and display of blue lights on a 43 police vehicle [and], fire vehicle and safety patrol vehicle. 44 § 3. Paragraph 4 of subdivision 41 of section 375 of the vehicle and 45 traffic law is amended by adding a new subparagraph b-1 to read as 46 follows: 47 b-1. In addition to the amber light authorized to be displayed pursu- 48 ant to paragraph three of this subdivision, one or more blue lights or 49 combination blue and amber lights may be affixed to a safety service 50 patrol vehicle provided that such blue light or lights shall be 51 displayed for rear projection only. Such blue light or lights may be 52 displayed on a safety service patrol vehicle when such vehicle is also 53 displaying amber light or lights pursuant to paragraph three of this 54 subdivision. Nothing contained in this subparagraph shall be deemed toS. 7508--A 9 A. 9508--A 1 authorize the use of blue lights on a safety service patrol vehicles 2 unless such safety service patrol vehicles also display one or more 3 amber lights as otherwise authorized in this subdivision. 4 § 4. Subdivision (b) of section 1144-a of the vehicle and traffic law, 5 as amended by chapter 458 of the laws of 2011, is amended to to read as 6 follows: 7 (b) Every operator of a motor vehicle shall exercise due care to avoid 8 colliding with a hazard vehicle which is parked, stopped or standing on 9 the shoulder or on any portion of such highway and such hazard vehicle 10 is displaying one or more amber lights pursuant to the provisions of 11 paragraph three of subdivision forty-one of section three hundred seven- 12 ty-five of this chapter or, if such hazard vehicle is a safety service 13 patrol vehicle, such vehicle is displaying one or more amber lights or 14 one or more blue or combination blue and amber lights pursuant to the 15 provisions of paragraph three or subparagraph b-1 of paragraph four, as 16 applicable, of subdivision forty-one of section three hundred seventy- 17 five of this chapter. For operators of motor vehicles on parkways or 18 controlled access highways, such due care shall include, but not be 19 limited to, moving from a lane which contains or is immediately adjacent 20 to the shoulder where (i) such hazard vehicle displaying one or more 21 amber lights pursuant to the provisions of paragraph three of subdivi- 22 sion forty-one of section three hundred seventy-five of this chapter or 23 (ii) such safety service patrol vehicle displaying one or more amber 24 lights or one or more blue or combination and amber lights pursuant to 25 the provisions of paragraph three or subparagraph b-1 of paragraph four, 26 as applicable, of subdivision forty-one of section three hundred seven- 27 ty-five of this chapter, is parked, stopped or standing to another lane, 28 provided that such movement otherwise complies with the requirements of 29 this chapter including, but not limited to, the provisions of sections 30 eleven hundred ten and eleven hundred twenty-eight of this title. 31 § 5. This act shall take effect on the one hundred eightieth day after 32 it shall have become a law. 33 PART D 34 Section 1. This act enacts into law components of legislation which 35 are necessary to implement legislation relating to enacting the slow 36 down and look out for highway workers and pedestrians act of 2020. Each 37 component is wholly contained within a Subpart identified as Subparts A 38 through C. The effective date for each particular provision contained 39 within such Subpart is set forth in the last section of such Subpart. 40 Any provision in any section contained within a Subpart, including the 41 effective date of the Subpart, which makes a reference to a section "of 42 this act", when used in connection with that particular component, shall 43 be deemed to mean and refer to the corresponding section of the Subpart 44 in which it is found. Section three of this act sets forth the general 45 effective date of this act. 46 SUBPART A 47 Section 1. Subdivisions 3 and 11 of section 120.05 of the penal law, 48 subdivision 3 as amended by chapter 267 of the laws of 2016, and subdi- 49 vision 11 as separately amended by chapters 268 and 281 of the laws of 50 2016, are amended to read as follows: 51 3. With intent to prevent a peace officer, a police officer, prosecu- 52 tor as defined in subdivision thirty-one of section 1.20 of the criminalS. 7508--A 10 A. 9508--A 1 procedure law, registered nurse, licensed practical nurse, public health 2 sanitarian, New York city public health sanitarian, sanitation enforce- 3 ment agent, New York city sanitation worker, a firefighter, including a 4 firefighter acting as a paramedic or emergency medical technician admin- 5 istering first aid in the course of performance of duty as such fire- 6 fighter, an emergency medical service paramedic or emergency medical 7 service technician, or medical or related personnel in a hospital emer- 8 gency department, a city marshal, a school crossing guard appointed 9 pursuant to section two hundred eight-a of the general municipal law, a 10 traffic enforcement officer, traffic enforcement agent, a highway worker 11 as defined in section one hundred eighteen-a of the vehicle and traffic 12 law, a motor vehicle inspector and motor carrier investigator as defined 13 in section one hundred eighteen-b of the vehicle and traffic law, or 14 employee of any entity governed by the public service law in the course 15 of performing an essential service, from performing a lawful duty, by 16 means including releasing or failing to control an animal under circum- 17 stances evincing the actor's intent that the animal obstruct the lawful 18 activity of such peace officer, police officer, prosecutor as defined in 19 subdivision thirty-one of section 1.20 of the criminal procedure law, 20 registered nurse, licensed practical nurse, public health sanitarian, 21 New York city public health sanitarian, sanitation enforcement agent, 22 New York city sanitation worker, firefighter, paramedic, technician, 23 city marshal, school crossing guard appointed pursuant to section two 24 hundred eight-a of the general municipal law, traffic enforcement offi- 25 cer, traffic enforcement agent, highway worker as defined by section one 26 hundred eighteen-a of the vehicle and traffic law, motor vehicle inspec- 27 tor and motor carrier investigator as defined in section one hundred 28 eighteen-b of the vehicle and traffic law, or employee of an entity 29 governed by the public service law, he or she causes physical injury to 30 such peace officer, police officer, prosecutor as defined in subdivision 31 thirty-one of section 1.20 of the criminal procedure law, registered 32 nurse, licensed practical nurse, public health sanitarian, New York city 33 public health sanitarian, sanitation enforcement agent, New York city 34 sanitation worker, firefighter, paramedic, technician or medical or 35 related personnel in a hospital emergency department, city marshal, 36 school crossing guard, traffic enforcement officer, traffic enforcement 37 agent, highway worker as defined by section eighteen-a of the vehicle 38 and traffic law, motor vehicle inspector and motor carrier investigator 39 as defined in section one hundred eighteen-b of the vehicle and traffic 40 law, or employee of an entity governed by the public service law; or 41 11. With intent to cause physical injury to a train operator, ticket 42 inspector, conductor, signalperson, bus operator, station agent, station 43 cleaner or terminal cleaner employed by any transit agency, authority or 44 company, public or private, whose operation is authorized by New York 45 state or any of its political subdivisions, a city marshal, a school 46 crossing guard appointed pursuant to section two hundred eight-a of the 47 general municipal law, a traffic enforcement officer, traffic enforce- 48 ment agent, a highway worker as defined in section one hundred eigh- 49 teen-a of the vehicle and traffic law, a motor vehicle inspector and 50 motor carrier investigator as defined in section one hundred eighteen-b 51 of the vehicle and traffic law, prosecutor as defined in subdivision 52 thirty-one of section 1.20 of the criminal procedure law, sanitation 53 enforcement agent, New York city sanitation worker, public health sani- 54 tarian, New York city public health sanitarian, registered nurse, 55 licensed practical nurse, emergency medical service paramedic, or emer- 56 gency medical service technician, he or she causes physical injury toS. 7508--A 11 A. 9508--A 1 such train operator, ticket inspector, conductor, signalperson, bus 2 operator, station agent, station cleaner or terminal cleaner, city 3 marshal, school crossing guard appointed pursuant to section two hundred 4 eight-a of the general municipal law, traffic enforcement officer, traf- 5 fic enforcement agent, highway worker as defined in section one hundred 6 eighteen-a of the vehicle and traffic law, motor vehicle inspector and 7 motor carrier investigator as defined in section one hundred eighteen-b 8 of the vehicle and traffic law, prosecutor as defined in subdivision 9 thirty-one of section 1.20 of the criminal procedure law, registered 10 nurse, licensed practical nurse, public health sanitarian, New York city 11 public health sanitarian, sanitation enforcement agent, New York city 12 sanitation worker, emergency medical service paramedic, or emergency 13 medical service technician, while such employee is performing an 14 assigned duty on, or directly related to, the operation of a train or 15 bus, including the cleaning of a train or bus station or terminal, or 16 such city marshal, school crossing guard, traffic enforcement officer, 17 traffic enforcement agent, highway worker as defined by section one 18 hundred eighteen-a of the vehicle and traffic law, motor vehicle inspec- 19 tor and motor carrier investigator as defined in section one hundred 20 eighteen-b of the vehicle and traffic law, prosecutor as defined in 21 subdivision thirty-one of section 1.20 of the criminal procedure law, 22 registered nurse, licensed practical nurse, public health sanitarian, 23 New York city public health sanitarian, sanitation enforcement agent, 24 New York city sanitation worker, emergency medical service paramedic, or 25 emergency medical service technician is performing an assigned duty; or 26 § 2. The penal law is amended by adding a new section 120.19 to read 27 as follows: 28 § 120.19 Menacing a highway worker. 29 A person is guilty of menacing a highway worker when he or she inten- 30 tionally places or attempts to place a highway worker in reasonable fear 31 of death, imminent serious physical injury or physical injury. For 32 purposes of this section, a highway worker shall have the same meaning 33 as defined by section one hundred eighteen-a of the vehicle and traffic 34 law. 35 Menacing a highway worker is a class E felony. 36 § 3. The vehicle and traffic law is amended by adding two new sections 37 118-a and 118-b to read as follows: 38 § 118-a. Highway worker. Any person employed by or on behalf of the 39 state, a county, city, town or village, a public authority, a local 40 authority, or a public utility company, or the agent or contractor of 41 any such entity, who has been assigned to perform work on a highway, 42 including maintenance, repair, flagging, utility work, construction, 43 reconstruction or operation of equipment on public highway infrastruc- 44 ture and associated rights-of-way in highway work areas, and shall also 45 include any flagperson as defined in section one hundred fifteen-b of 46 this article. 47 § 118-b. Motor vehicle inspector and motor carrier investigator. Any 48 person employed by the New York state department of transportation who 49 has been assigned to perform inspections of any motor vehicles or inves- 50 tigation of any carriers regulated by the commissioner of the department 51 of transportation. 52 § 4. Paragraph b of subdivision 2 of section 510 of the vehicle and 53 traffic law is amended by adding a new subparagraph (xviii) to read as 54 follows: 55 (xviii) for a period of six months where the holder is convicted of 56 the crime of assault in the first, second, or third degree, menacing aS. 7508--A 12 A. 9508--A 1 highway worker, or menacing in the first, second, or third degree, as 2 defined by article one hundred twenty of the penal law, where such 3 offense was committed against a highway worker. 4 § 5. The vehicle and traffic law is amended by adding a new section 5 1221-a to read as follows: 6 § 1221-a. Intrusion into an active work zone. 1. No driver of a vehi- 7 cle shall enter or intrude into an active work zone except upon direc- 8 tion from a flagperson, police officer, or other visibly designated 9 person in charge of traffic control or upon direction from a traffic 10 control device regulating entry therein. For purposes of this section, 11 the term "active work zone" shall mean the physical area of a highway, 12 street, or private road on which construction, maintenance, or utility 13 work is being conducted, which is marked by signs, channeling devices, 14 barriers, pavement markings, or work vehicles, and where workers are 15 physically present. 16 2. A violation of subdivision one of this section shall constitute a 17 class B misdemeanor punishable by a fine of not less than two hundred 18 fifty dollars, nor more than five hundred dollars or by a period of 19 imprisonment not to exceed three months, or by both such fine and impri- 20 sonment. 21 § 6. The vehicle and traffic law is amended by adding a new section 22 1221-b to read as follows: 23 § 1221-b. Work zone safety and outreach. The governor's traffic safety 24 committee, upon consultation with the commissioner of transportation, 25 the superintendent of state police, the commissioner, the chairman of 26 the New York state thruway authority, local law enforcement agencies, 27 and representatives for contractors and laborers, shall design and 28 implement a public education and outreach program to increase motorist 29 awareness of the importance of highway work zone safety, to reduce the 30 number of work zone incidents, including speeding, unauthorized intru- 31 sions into work zones, and any conduct resulting in threats or injuries 32 to highway workers, and to increase and promote work zone safety. 33 § 7. This act shall take effect on the one hundred eightieth day after 34 it shall have become a law. 35 SUBPART B 36 Section 1. Subdivision 1 of section 600 of the vehicle and traffic law 37 is amended by adding a new paragraph c to read as follows: 38 c. Any person operating a motor vehicle involved in an accident not 39 involving personal injury or death who moves such vehicle to a location 40 off the roadway but as near as possible to the place where the damage 41 occurred, so as not to obstruct the regular flow of traffic, shall not 42 be construed to be in violation of this subdivision because of such 43 movement. 44 § 2. Subdivision 2 of section 15 of the highway law, as amended by 45 chapter 1110 of the laws of 1971, is amended to read as follows: 46 2. The commissioner [of transportation], a police officer, or any 47 person acting at the discretion of the commissioner or a police officer 48 shall have the power to cause the immediate removal, from the right of 49 way of any state highway, of any vehicle, cargo, or debris which 50 obstructs or interferes with the use of such a highway for public trav- 51 el; or which obstructs or interferes with the construction, recon- 52 struction or maintenance of such a highway; or which obstructs or inter- 53 feres with the clearing or removal of snow or ice from such a highway; 54 or which obstructs or interferes with any operation of the department ofS. 7508--A 13 A. 9508--A 1 transportation during a public emergency. The commissioner, a police 2 officer, or any person acting at the discretion of the commissioner or a 3 police officer, shall not be liable for any damage to such vehicle, 4 cargo, or debris, unless such removal was carried out in a reckless or 5 grossly negligent manner. For the purposes of this subdivision, the term 6 "police officer" shall have the same meaning as defined by subdivision 7 thirty-four of section 1.20 of the criminal procedure law. 8 § 3. This act shall take effect immediately. 9 SUBPART C 10 Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi- 11 cle and traffic law, as amended by chapter 333 of the laws of 2010, is 12 amended to read as follows: 13 1. A driver of a motor vehicle who causes physical injury as defined 14 in article ten of the penal law to a pedestrian or bicyclist while fail- 15 ing to exercise due care in violation of subdivision (a) of this 16 section, shall be guilty of a traffic infraction punishable by a fine of 17 not more than [five hundred] one thousand dollars or by imprisonment for 18 not more than fifteen days or by both such fine and imprisonment. 19 § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and 20 traffic law, as amended by chapter 333 of the laws of 2010, is amended 21 to read as follows: 22 1. A driver of a motor vehicle who causes serious physical injury as 23 defined in article ten of the penal law to a pedestrian or bicyclist 24 while failing to exercise due care in violation of subdivision (a) of 25 this section, shall be guilty of a traffic infraction punishable by a 26 fine of not more than [seven hundred fifty] one thousand five hundred 27 dollars or by imprisonment for not more than fifteen days or by required 28 participation in a motor vehicle accident prevention course pursuant to 29 paragraph (e-1) of subdivision two of section 65.10 of the penal law or 30 by any combination of such fine, imprisonment or course, and by suspen- 31 sion of a license or registration pursuant to subparagraph (xiv) or (xv) 32 of paragraph b of subdivision two of section five hundred ten of this 33 chapter. 34 § 3. This act shall take effect on the one hundred eightieth day after 35 it shall have become a law. 36 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 37 sion, section, subpart or part of this act shall be adjudged by a court 38 of competent jurisdiction to be invalid, such judgment shall not affect, 39 impair, or invalidate the remainder thereof, but shall be confined in 40 its operation to the clause, sentence, paragraph, subdivision, section, 41 subpart or part thereof directly involved in the controversy in which 42 such judgment shall have been rendered. It is hereby declared to be the 43 intent of the legislature that this act would have been enacted even if 44 such invalid provisions had not been included herein. 45 § 3. This act shall take effect immediately, provided, however, that 46 the applicable effective date of Subparts A through C of this act shall 47 be as specifically set forth in the last section of such Subparts. 48 PART E 49 Section 1. Subdivision 16 of section 385 of the vehicle and traffic 50 law is amended to add fourteen new paragraphs (v), (w), (x), (y), (z), 51 (aa), (bb), (cc), (dd), (ee), (ff), (gg), (hh) and (ii) to read as 52 follows:S. 7508--A 14 A. 9508--A 1 (v) Within a distance of approximately one mile from the New York 2 state thruway interchange 24 traveling along interstate route 90 to 3 interchange 2 Washington avenue, and to Washington avenue traveling 4 westbound to Fuller road in a northerly direction to interstate route 90 5 traveling to interchange 24 of the New York state thruway, where the 6 commissioner of transportation determines that the vehicle or combina- 7 tion of vehicles could operate safely along the designated route and 8 that no applicable federal law, regulation or other requirement prohib- 9 its the operation of such vehicle or combination of vehicles on such 10 route. 11 (w) Within a distance of approximately .25 miles from the New York 12 state thruway interchange 25A, traveling in a westbound direction along 13 interstate route 88 to exit 25 to route 7, and to a left on Becker road 14 traveling in a southbound direction on Becker road for approximately .2 15 miles to the New York state thruway interchange 25A tandem lot access 16 road, where the commissioner of transportation determines that the vehi- 17 cle or combination of vehicles could operate safely along the designated 18 route and that no applicable federal law, regulation or other require- 19 ment prohibits the operation of such vehicle or combination of vehicles 20 on such route. 21 (x) Within a distance of approximately 2.2 miles from the New York 22 state thruway interchange 34A traveling in a southbound direction along 23 interstate route 481 to interstate 481 exit 5E Kirkville road east along 24 state route 53 Kirkville road in an eastbound direction to interstate 25 route 481 traveling northbound to exit 6 to interchange 34A of the New 26 York state thruway, where the commissioner of transportation determines 27 that the vehicle or combination of vehicles could operate safely along 28 the designated route and that no applicable federal law, regulation or 29 other requirement prohibits the operation of such vehicle or combination 30 of vehicles on such route. 31 (y) Within a distance of approximately .8 miles from the New York 32 state thruway interchange 35, traveling approximately 200 feet around 33 Carrier circle to traveling northbound on Thompson road for approximate- 34 ly 1000 feet, or traveling southbound on Thompson road approximately 100 35 feet, to traveling westbound on Tarbell road for approximately .5 miles 36 to reenter at the Dewitt service area of the New York state thruway 37 where the commissioner of transportation determines that the vehicle or 38 combination of vehicles could operate safely along the designated route 39 and that no applicable federal law, regulation or other requirement 40 prohibits the operation of such vehicle or combination of vehicles on 41 such route. 42 (z) Within a distance of approximately one mile from the New York 43 state thruway interchange 36 traveling in a southbound direction on 44 interstate 81 to interstate 81 exit 25 7th North street, and traveling 45 eastbound on 7th North street to interstate 81 traveling in a northbound 46 direction to interchange 36 of the New York state thruway, where the 47 commissioner of transportation determines that the vehicle or combina- 48 tion of vehicles could operate safely along the designated route and 49 that no applicable federal law, regulation or other requirement prohib- 50 its the operation of such vehicle or combination of vehicles on such 51 route. 52 (aa) Within a distance of approximately .6 miles from the New York 53 state thruway interchange 39 traveling eastbound on interstate 690 to 54 interstate 690 exit 2 Jones road in a northbound direction to state 55 route 690 north to interchange 39 of the New York state thruway, where 56 the commissioner of transportation determines that the vehicle or combi-S. 7508--A 15 A. 9508--A 1 nation of vehicles could operate safely along the designated route and 2 that no applicable federal law, regulation or other requirement prohib- 3 its the operation of such vehicle or combination of vehicles on such 4 route. 5 (bb) Within a distance of approximately .5 miles from the New York 6 state thruway interchange 45, traveling on interstate 490 to interstate 7 490 exit 29, in a southwesterly direction along New York state route 96 8 to the point where New York state route 96 intersects with the entrance 9 ramp to the New York state thruway interchange 45, and for approximately 10 .2 miles along this entrance ramp to the New York state thruway inter- 11 change 45, where the commissioner of transportation determines that the 12 vehicle or combination of vehicles could operate safely along the desig- 13 nated route and that no applicable federal law, regulation or other 14 requirement prohibits the operation of such vehicle or combination of 15 vehicles on such route. 16 (cc) Within a distance of approximately .6 miles from the New York 17 state thruway interchange 46, traveling in a northeasterly direction on 18 the ramp from the New York state thruway interchange 46 to interstate 19 390 north exit to New York state route 253, Lehigh Station road, for a 20 distance of approximately .5 miles along the ramp from interstate 390 21 north exit to New York state route 253, Lehigh Station road, for a 22 distance of approximately .6 miles in a westerly direction along New 23 York state route 253, Lehigh Station road, to the intersection of New 24 York state route 253 with New York state route 15, then for a distance 25 of approximately .6 miles in a southerly direction along New York state 26 route 15, to the New York state thruway interchange 46 maintenance 27 facility entrance, where the commissioner of transportation determines 28 that the vehicle or combination of vehicles could operate safely along 29 the designated route and that no applicable federal law, regulation or 30 other requirement prohibits the operation of such vehicle or combination 31 of vehicles on such route. 32 (dd) Within a distance of approximately .3 miles from the New York 33 state thruway interchange 47, traveling on interstate 490 to interstate 34 490 exit 1, to a distance of approximately .2 miles along the ramp from 35 interstate 490 exit 1, for a distance of approximately .4 miles in a 36 southwesterly direction to the entrance ramp of the New York state thru- 37 way interchange 47, where the commissioner of transportation determines 38 that the vehicle or combination of vehicles could operate safely along 39 the designated route and that no applicable federal law, regulation or 40 other requirement prohibits the operation of such vehicle or combination 41 of vehicles on such route. 42 (ee) Within a distance of approximately .6 miles from the New York 43 state thruway interchange 19, traveling in a westbound direction along 44 route 28 to route 209, and traveling in a southbound direction on route 45 209 for approximately .1 miles to route 28, and traveling in an east- 46 bound direction on route 28 for approximately .8 miles to the New York 47 state thruway interchange 19 where the commissioner of transportation 48 determines that the vehicle or combination of vehicles could operate 49 safely along the designated route and that no applicable federal law, 50 regulation or other requirement prohibits the operation of such vehicle 51 or combination of vehicles on such route. 52 (ff) Within a distance of approximately .5 miles from the New York 53 state thruway interchange 31, traveling onto the ramp to Genesee street 54 south for approximately 2800 feet to Genesee street north for approxi- 55 mately 275 feet to interchange 31 of the New York state thruway where 56 the commissioner of transportation determines that the vehicle or combi-S. 7508--A 16 A. 9508--A 1 nation of vehicles could operate safely along the designated route and 2 that no applicable federal law, regulation or other requirement prohib- 3 its the operation of such vehicle or combination of vehicles on such 4 route. 5 (gg) Within a distance of approximately .2 miles from the New York 6 state thruway interchange 33 traveling westbound on state route 365 for 7 approximately 900 feet to interchange 33 of the New York state thruway 8 where the commissioner of transportation determines that the vehicle or 9 combination of vehicles could operate safely along the designated route 10 and that no applicable federal law, regulation or other requirement 11 prohibits the operation of such vehicle or combination of vehicles on 12 such route. 13 (hh) Within a distance of approximately .15 miles from the New York 14 state thruway interchange 42 traveling on state route 14 for approxi- 15 mately 750 feet for travel to and from the thruway tandem lot and inter- 16 change 42 where the commissioner of transportation determines that the 17 vehicle or combination of vehicles could operate safely along the desig- 18 nated route and that no applicable federal law, regulation or other 19 requirement prohibits the operation of such vehicle or combination of 20 vehicles on such route . 21 (ii) Within a distance of approximately .1 miles from the New York 22 state interchange 43 traveling on state route 21 for approximately 600 23 feet for travel to and from the thruway tandem lot and interchange 43 24 where the commissioner of transportation determines that the vehicle or 25 combination of vehicles could operate safely along the designated route 26 and that no applicable federal law, regulation or other requirement 27 prohibits the operation of such vehicle or combination of vehicles on 28 such route. 29 § 2. This act shall take effect immediately. 30 PART F 31 Section 1. Paragraph a of subdivision 6 of section 2897 of the public 32 authorities law, as added by chapter 766 of the laws of 2005, is amended 33 and a new paragraph f is added to read as follows: 34 a. All disposals or contracts for disposal of property of a public 35 authority made or authorized by the contracting officer shall be made 36 after publicly advertising for bids except as provided in [paragraph] 37 paragraphs c and f of this subdivision. 38 f. Notwithstanding anything to the contrary in this section, disposals 39 for use of the thruway authority's fiber optic system, or any part ther- 40 eof, may be made through agreements that shall not require public 41 auction, provided that the thruway authority has determined the disposal 42 of such property complies with all applicable provisions of this chapter 43 and provided that such disposals shall not require the explanatory 44 statements required by this section. 45 § 2. This act shall take effect immediately. 46 PART G 47 Section 1. Section 351 of the public authorities law is amended by 48 adding a new subdivision 11 to read as follows: 49 11. The term "Cross-Hudson bridge system" shall mean collectively: (a) 50 the Franklin Delano Roosevelt Mid-Hudson bridge, constructed pursuant to 51 chapter nine hundred of the laws of nineteen hundred twenty-three, as 52 amended; (b) the Rip Van Winkle bridge, constructed across the HudsonS. 7508--A 17 A. 9508--A 1 river north of the village of Catskill and south of the city of Hudson; 2 (c) the Bear Mountain bridge, constructed by the Bear Mountain Hudson 3 River Bridge Company, pursuant to chapter three hundred fifty-eight of 4 the laws of nineteen hundred twenty-two; (d) the Hamilton Fish 5 Newburgh-Beacon bridge, including both spans of the bridge constructed 6 across the Hudson river between a location in the vicinity of the city 7 of Newburgh and a location in the vicinity of the city of Beacon; (e) 8 the Kingston-Rhinecliff bridge, constructed across the Hudson river 9 within five miles of the city of Kingston; and (f) the walkway over the 10 Hudson bridge, the Poughkeepsie-Highland railroad bridge, which was 11 constructed across the Hudson river north of the Franklin Delano Roose- 12 velt Mid-Hudson bridge. 13 § 2. Section 356 of the public authorities law is amended by adding a 14 new subdivision 10 to read as follows: 15 10. The Cross-Hudson bridge system. Including collectively: (a) the 16 Franklin Delano Roosevelt Mid-Hudson bridge, constructed pursuant to 17 chapter nine hundred of the laws of nineteen hundred twenty-three, as 18 amended; (b) the Rip Van Winkle bridge, constructed across the Hudson 19 river north of the village of Catskill and south of the city of Hudson; 20 (c) the Bear Mountain bridge, constructed by the Bear Mountain Hudson 21 River Bridge Company, pursuant to chapter three hundred fifty-eight of 22 the laws of nineteen hundred twenty-two; (d) the Hamilton Fish 23 Newburgh-Beacon bridge, including both spans of the bridge constructed 24 across the Hudson river between a location in the vicinity of the city 25 of Newburgh and a location in the vicinity of the city of Beacon; (e) 26 the Kingston-Rhinecliff bridge, constructed across the Hudson river 27 within five miles of the city of Kingston; and (f) the walkway over the 28 Hudson bridge, the Poughkeepsie-Highland railroad bridge, which was 29 constructed across the Hudson river north of the Franklin Delano Roose- 30 velt Mid-Hudson bridge. 31 § 3. Section 356-a of the public authorities law is amended by adding 32 new subdivisions 6 and 7 to read as follows: 33 6. All that portion of touring route one hundred ninety-nine connect- 34 ing Ulster and Dutchess counties which is identified and known as the 35 Kingston-Rhinecliff bridge shall be designated and known as the "George 36 Clinton Kingston-Rhinecliff bridge". 37 7. The bridge constructed by the Bear Mountain Hudson River Bridge 38 Company, pursuant to chapter three hundred and fifty-eight of the laws 39 of nineteen hundred twenty-two which is identified and known as the Bear 40 Mountain bridge shall be designated and known as the "Purple Heart 41 Veterans Memorial bridge". 42 § 4. Section 349-a of the highway law is amended by adding a new 43 subdivision 10 to read as follows: 44 10. The Cross-Hudson bridge system. Including collectively: (a) the 45 Franklin Delano Roosevelt Mid-Hudson bridge, constructed pursuant to 46 chapter nine hundred of the laws of nineteen hundred twenty-three, as 47 amended; (b) the Rip Van Winkle bridge, constructed across the Hudson 48 river north of the village of Catskill and south of the city of Hudson; 49 (c) the Bear Mountain bridge, constructed by the Bear Mountain Hudson 50 River Bridge Company, pursuant to chapter three hundred fifty-eight of 51 the laws of nineteen hundred twenty-two; (d) the Hamilton Fish 52 Newburgh-Beacon bridge, including both spans of the bridge constructed 53 across the Hudson river between a location in the vicinity of the city 54 of Newburgh and a location in the vicinity of the city of Beacon; (e) 55 the Kingston-Rhinecliff bridge; constructed across the Hudson river 56 within five miles of the city of Kingston; and (f) the walkway over theS. 7508--A 18 A. 9508--A 1 Hudson bridge, the Poughkeepsie-Highland railroad bridge, which was 2 constructed across the Hudson river north of the Franklin Delano Roose- 3 velt Mid-Hudson bridge. 4 § 5. Section 373 of the public authorities law is amended by adding a 5 new subdivision 3 to read as follows: 6 3. Upon abolishment of the New York state bridge authority, the state 7 of New York does pledge to and agree with the holders of any bonds or 8 notes of the authority that the state will not authorize the 9 construction or maintenance of any additional highway crossings for 10 vehicular traffic over, under or across the waters of the Hudson river 11 in addition to the bridges and crossings constituting the Cross-Hudson 12 bridge system authorized by this title which will be competitive with 13 the bridges and crossings constituting the Cross-Hudson bridge system, 14 nor will it limit or alter the rights hereby vested in the authority to 15 establish and collect such charges and tolls as may be convenient or 16 necessary to produce sufficient revenue to meet the expense of mainte- 17 nance and operation and to fulfill the terms of any agreement made with 18 the holders of the bonds or notes, or in any way impair the rights and 19 remedies of bondholders or noteholders, until the bonds and notes, 20 together with interest, and all costs and expenses in connection with 21 any actions or proceedings by or on behalf of the bondholders or note- 22 holders, are fully met and discharged. For the purposes of this subdivi- 23 sion, any such bridge or crossing shall be considered as competitive 24 only if it shall form a connection for vehicular traffic over, under or 25 across the Hudson river south of a line drawn across the Hudson river 26 fifteen miles north of the Rip Van Winkle bridge, and north of the Bear 27 Mountain bridge. 28 § 6. The public authorities law is amended by adding a new section 389 29 to read as follows: 30 § 389. Additional powers of the authority to undertake and finance 31 certain projects in connection with the Cross-Hudson bridge system and 32 the New York state bridge authority. Simultaneous with the discharge, 33 defeasance, redemption or refunding of the bonds, notes and other obli- 34 gations of the New York state bridge authority and the discharge and 35 payment of any other obligations whatsoever of the New York state bridge 36 authority by the issuance of bonds or other obligations of the Authority 37 or otherwise, the authority is hereby authorized as an additional corpo- 38 rate purpose thereof, to assume jurisdiction for its corporate purposes 39 of the Cross-Hudson bridge system, with all rights and powers with 40 respect to such system as established in this title with respect to any 41 thruway section or connection, including, but not limited to, the power 42 to operate and maintain said system, to fix and collect such fees, 43 rentals and charges for the use thereof, to issue its bonds, notes and 44 other obligations in conformity with applicable provisions of the 45 uniform commercial code for purposes of the acquisition, design, 46 construction, reconstruction, repair, rehabilitation and improvement of 47 the Cross-Hudson bridge system. 48 § 7. The public authorities law is amended by adding a new section 49 355-a to read as follows: 50 § 355-a. New York state bridge authority. 1. The New York state bridge 51 authority created by former section five hundred twenty-seven of this 52 chapter shall be abolished upon the date upon which all covenants, 53 agreements and obligations to the holders of bonds, notes or other obli- 54 gations issued or incurred under any bond resolution of the New York 55 state bridge authority have been paid in full or otherwise fully met and 56 discharged, within the meaning of such bond resolution.S. 7508--A 19 A. 9508--A 1 2. Upon abolishment of the New York state bridge authority, all 2 rights, functions, powers, duties, obligations, covenants, pledges, 3 undertakings, properties, debts, agreements, assets and liabilities of 4 the New York state bridge authority shall be transferred and assigned 5 to, assumed by and devolved upon the New York state thruway authority. 6 3. Upon abolishment of the New York state bridge authority, all rules, 7 regulations, acts, orders, determinations, and decisions of such author- 8 ity in force at the time of such transfer, assignment, assumption or 9 devolution, shall continue in force and effect as rules, regulations, 10 acts, orders, determinations and decisions of the New York state thruway 11 authority until duly modified or abrogated by the New York state thruway 12 authority. 13 4. Upon abolishment of the New York state bridge authority, the Cross- 14 Hudson bridge system, as defined in section three hundred fifty-one of 15 this title shall be added to, and included in, the thruway system as 16 defined in such section three hundred fifty-one. 17 5. Upon abolishment of the New York state bridge authority, all books, 18 papers, records and property of such authority shall be transferred as 19 assigned to the New York state thruway authority. All employees trans- 20 ferred from the New York state bridge authority to the New York state 21 thruway authority shall be transferred without further examination or 22 qualification and such employees shall retain their respective civil 23 service classifications, status and collective bargaining unit desig- 24 nations and be governed by applicable collective bargaining agreements. 25 6. Upon abolishment of the New York state bridge authority, any busi- 26 ness or other matters undertaken or commenced by the New York state 27 bridge authority and pending on the date of abolishment may be conducted 28 and completed by the New York state thruway authority in the same manner 29 and under the same terms and conditions and with the same effect as if 30 conducted by the New York state bridge authority. 31 7. Upon abolishment of the New York state bridge authority, whenever 32 the New York state bridge authority, or the chairman or the executive 33 director or other officer, member or employee thereof, is referred to or 34 designated in any law, contract or document, such reference or desig- 35 nation shall be deemed to refer to the New York state thruway authority. 36 8. No existing right or remedy of any character shall be lost, 37 impaired or affected by reason of this section. 38 9. No action pending at the time the New York state bridge authority 39 is abolished, brought by or against the New York state bridge authority, 40 or the chairman or executive director thereof, shall be affected by any 41 provision of this section, but the same may be prosecuted or defended in 42 the name of the New York state thruway authority or the executive direc- 43 tor or chairman thereof, and the proper party shall, upon application to 44 the court, be substituted as a party. 45 10. Upon abolishment of the New York state bridge authority act, the 46 rights and remedies of bondholders, other creditors or persons having 47 claims or contracts with the New York state bridge authority shall not 48 be limited, impaired or otherwise altered by the merger of the New York 49 state bridge authority facilities and operations into the New York state 50 thruway authority. 51 § 8. Title 2 of article 3 of the public authorities law is REPEALED. 52 § 9. Notwithstanding any provision of this act or any other provisions 53 of law, general, special or local, the New York state bridge authority 54 shall from time to time, take any action necessary and proper to assist 55 the New York state thruway authority in effecting such discharge, 56 including, but not limited to directing the trustee under its agreementS. 7508--A 20 A. 9508--A 1 with New York state bridge authority bondholders to apply available and 2 necessary funds to such discharge and otherwise take such actions 3 consistent with such agreement to effectuate such discharge, and trans- 4 fer and pay over to the New York state thruway authority all remaining 5 funds; and may accept and use any moneys transferred and paid over to it 6 by the New York state thruway authority to implement such discharge. 7 § 10. Subdivision 1 of section 352 of the public authorities law, as 8 amended by chapter 766 of the laws 2005, is amended to read as follows: 9 1. A board to be known as "New York state thruway authority" is hereby 10 created. Such board shall be a body corporate and politic constituting a 11 public corporation. It shall consist of [seven] eight members appointed 12 by the governor by and with the advice and consent of the senate. One 13 member shall be, at the time of appointment, a resident of one of the 14 following counties: Orange, Rockland, Westchester, Putnam, Dutchess, 15 Ulster, Greene or Columbia. The members first appointed shall serve for 16 terms ending three, six and nine years, respectively from January first 17 next succeeding their appointment. Provided, however, that two board 18 members first appointed on or after the effective date of the chapter of 19 the laws of two thousand five which amended this subdivision shall serve 20 an initial term of two years; provided further that two other board 21 members first appointed on or after the effective date of the chapter of 22 the laws of two thousand five which amended this subdivision shall serve 23 an initial term of three years. Their successors shall be appointed for 24 terms of nine years each. A member to be designated as chairman in his 25 or her appointment as a member shall be chairman of such board until his 26 or her term as member expires. The chairman and the other members shall 27 serve without salary or other compensation, but shall be entitled to 28 reimbursement for their actual and necessary expenses incurred in the 29 performance of their official duties. 30 § 11. Nothing contained in this act shall be deemed to limit or alter 31 in any way the rights and obligations of the New York state bridge 32 authority or after the abolishment of the New York state bridge authori- 33 ty, the New York state thruway authority, to establish and collect such 34 fees, rentals and other charges as may be necessary or required to 35 produce sufficient revenues to meet and to fulfill the terms and 36 provisions of the contracts made with the holders and registered owners 37 of the bonds, notes or other obligations or in any way impair the 38 constitutional rights of the holders and registered owners of the bonds, 39 notes or other obligations. 40 § 12. This act, being necessary for the prosperity of the state and 41 its inhabitants, shall be liberally construed to effect the purposes and 42 secure the beneficial intents hereof. 43 § 13. If any provision of any section of this act or the application 44 thereof to any person or circumstance shall be adjudged invalid by a 45 court of competent jurisdiction, such order or judgment shall be 46 confined in its operation to the controversy in which it was rendered, 47 and shall not affect or invalidate the remainder of any provision of any 48 section of this act or the application thereof to any other person or 49 circumstance and to this end the provisions of each section of this act 50 are hereby declared to be severable. 51 § 14. This act shall take effect immediately, provided, however, that 52 section eight of this act shall take effect when all covenants, agree- 53 ments and obligations to the holders of bonds, notes or other obli- 54 gations issued or incurred under any bond resolution of the New York 55 state bridge authority are fully discharged and satisfied; provided, 56 that the New York state thruway authority shall notify the legislativeS. 7508--A 21 A. 9508--A 1 bill drafting commission when all covenants, agreements and obligations 2 to the holders of bonds, notes or other obligations of the New York 3 state bridge authority are fully discharged and satisfied in order that 4 the commission may maintain an accurate and timely effective data base 5 of the official text of the laws of the state of New York in furtherance 6 of effectuating the provisions of section 44 of the legislative law and 7 section 70-b of the public officers law. 8 PART H 9 Section 1. Section 1220-b of the vehicle and traffic law is amended by 10 adding four new subdivisions 5, 6, 7 and 8 to read as follows: 11 5. As an alternative to the penalties provided for the violation of 12 the provisions of this section: 13 (a) Any person who operates, or attempts to operate, a motor vehicle 14 in violation of the provisions of this section shall be guilty of a 15 traffic infraction and, for the first violation, be required to pay a 16 mandatory civil penalty of three thousand dollars and, upon notice, the 17 commissioner shall suspend for a period of thirty days the driver's 18 license or privilege to operate a motor vehicle of any person that oper- 19 ated, or attempted to operate, a motor vehicle in violation of this 20 section; and for the second violation, be required to pay a mandatory 21 civil penalty of five thousand dollars and, upon notice, the commission- 22 er shall suspend for a period of ninety days such driver's license or 23 privilege to operate; and for a third or subsequent violation, be 24 required to pay a mandatory civil penalty of ten thousand dollars and, 25 upon notice, the commissioner shall suspend for a period of one hundred 26 eighty days such driver's license or privilege to operate. In addition 27 to the foregoing, where such person is the owner of the motor vehicle 28 operated in violation of the provisions of this section, for the first 29 violation the commissioner, upon notice, shall suspend for a period of 30 thirty days the registration of any motor vehicle so operated; and for 31 the second violation the commissioner, upon notice, shall suspend the 32 registration of any motor vehicle so operated for a period of ninety 33 days; and for a third or subsequent violation, the commissioner, upon 34 notice, shall suspend the registration of any motor vehicle so operated 35 for a period of one hundred eighty days. 36 (b) Any person who knowingly solicits or attempts to solicit another 37 person for the unlicensed provision of any business, trade or commercial 38 transaction in violation of this section involving the rendering to 39 another person of ground transportation services from an airport shall 40 be guilty of a traffic infraction and, for the first violation, be 41 required to pay a mandatory civil penalty of three thousand dollars; and 42 for the second violation, be required to pay a mandatory civil penalty 43 of five thousand dollars; and for a third or subsequent violation, be 44 required to pay a mandatory civil penalty of ten thousand dollars. 45 6. The commissioner shall have the authority to deny a registration or 46 renewal application for a motor vehicle where a current or previously 47 registered owner of such motor vehicle has been found in violation of 48 this section, section 19-506 of the administrative code of the city of 49 New York, or other provision establishing civil or criminal liability 50 for unlicensed ground transportation service, or unlicensed operation, 51 and may also deny a registration or renewal application for any other 52 motor vehicle registered in the name of such owner, where the commis- 53 sioner determines that the applicant's intent in applying for registra- 54 tion or renewal has likely been to evade the purposes of this sectionS. 7508--A 22 A. 9508--A 1 and where the commissioner has reasonable grounds to believe that such 2 registration or renewal will have the effect of tending to defeat the 3 purposes of this section. 4 7. (a) A special proceeding may be commenced in supreme court or coun- 5 ty court by a petitioner, whom shall be either the attorney general, or 6 by the agency, authority, bi-state authority, county, or city having 7 jurisdiction over the airport where the alleged violation occurred, 8 alleging that a motor vehicle owner has committed a second or subsequent 9 traffic infraction in violation of this section. A petitioner establish- 10 ing by clear and convincing evidence that a motor vehicle owner has 11 committed a second or subsequent violation of this section shall be 12 entitled to judgment of forfeiture of all right, title or interest held 13 by the owner in any motor vehicle used in the commission of the second 14 or subsequent violation. 15 (b) Any judgment of forfeiture issued pursuant to this subdivision 16 shall include provisions for the disposal of the property found to have 17 been forfeited. Such provisions shall include, but are not limited to, 18 an order directing that the property, right, title, or interest shall be 19 sold in accordance with the provisions of article fifty-one of the civil 20 practice law and rules, unless good cause is shown. Net proceeds of the 21 sale shall be paid to the petitioner. 22 8. (a) A police officer shall be permitted to seize a motor vehicle 23 that may be subject to legal forfeiture pursuant to subdivision seven of 24 this section if the officer has probable cause to believe the owner of 25 the motor vehicle is operating, or attempting to operate, the motor 26 vehicle in violation of this section and the owner has previously been 27 convicted in any court or administrative tribunal of a violation of this 28 section. A police officer effectuating a seizure pursuant to this subdi- 29 vision may do so within twenty-four hours of providing the owner of the 30 motor vehicle with a traffic summons for the second or subsequent 31 violation of this section and a notice of motor vehicle seizure contain- 32 ing the date, time, and place of the court hearing pursuant to this 33 subdivision, as well as a concise statement concerning the nature of the 34 legal forfeiture action. Within five business days of such seizure, a 35 supreme or county court, upon the filing of a petition for legal forfei- 36 ture, shall conduct a hearing pursuant to subdivision seven of this 37 section and shall promptly determine whether a motor vehicle seized 38 pursuant to this subdivision is subject to legal forfeiture and whether 39 it is necessary that the motor vehicle remain impounded in order to 40 ensure its availability to effectuate legal forfeiture. 41 (b) Upon a determination by a court that a motor vehicle is subject to 42 legal forfeiture, the court will issue an order that petitioner shall 43 retain the seized motor vehicle during the pendency of the legal forfei- 44 ture action and proceed in accordance with article four of the civil 45 practice law and rules to resolve any remaining issues prior to entering 46 judgment. If the seized motor vehicle is not subject to legal forfei- 47 ture, but a violation of this section is found, then the motor vehicle 48 shall be released to the owner upon the payment of all penalties and 49 suspension termination fees associated with such violation. If a charge 50 for violating this section is dismissed and the motor vehicle is not 51 otherwise subject to legal forfeiture, the motor vehicle shall be 52 released to the owner within twenty-four hours of such dismissal. 53 § 2. Paragraph b of subdivision 2 of section 510 of the vehicle and 54 traffic law is amended by adding two new subparagraphs (xviii) and (xix) 55 to read as follows:S. 7508--A 23 A. 9508--A 1 (xviii) until such time as all penalties and all suspension termi- 2 nation fees are paid, or where a default judgment is reopened and all 3 suspension fees are paid, where the holder receives a default judgment 4 for a violation of section twelve hundred twenty-b of this chapter as a 5 result of a failure to appear in response to a summons, or appearance 6 ticket received pursuant to such section. 7 (xix) until such time as all penalties and all suspension termination 8 fees are paid where the holder is convicted of a violation of section 9 twelve hundred twenty-b of this chapter and to pay any penalty imposed 10 pursuant to such section. 11 § 3. Notwithstanding the provisions of any other law to the contrary, 12 the port authority of New York and New Jersey (the "port authority") and 13 its police officers may enforce any local law, rule or regulation 14 related to ground transportation service as defined by section twelve 15 hundred-twenty-b of the vehicle and traffic law at airports leased by 16 the port authority within the city of New York ("city") to the same 17 extent as the City or any of its subdivisions. 18 § 4. The commissioner of motor vehicles shall be authorized to estab- 19 lish rules or regulations and take all other actions deemed reasonably 20 necessary to effectuate this act. 21 § 5. Paragraph 4 of section 1220-b of the vehicle and traffic law is 22 amended to read as follows: 23 4. Any person who engages in the unlawful solicitation of ground 24 transportation services at an airport shall be guilty of a class B 25 misdemeanor punishable by a fine of not less than seven hundred fifty 26 dollars nor more than one thousand five hundred dollars, or by imprison- 27 ment of not more than ninety days or by both such fine and imprisonment. 28 Notwithstanding any contrary provision of law, any [charge] accusatory 29 instrument alleging a violation of this section as a class B misdemeanor 30 shall be [returnable before] filed in a court having jurisdiction over 31 [misdemeanors] criminal actions. 32 § 6. This act shall take effect ninety days from the date of enact- 33 ment. 34 PART I 35 Section 1. Subdivision 12 of section 1269 of the public authorities 36 law, as amended by section 4 of part NN of chapter 54 of the laws of 37 2016, is amended to read as follows: 38 12. The aggregate principal amount of bonds, notes or other obli- 39 gations issued after the first day of January, nineteen hundred ninety- 40 three by the authority, the Triborough bridge and tunnel authority and 41 the New York city transit authority to fund projects contained in capi- 42 tal program plans approved pursuant to section twelve hundred sixty- 43 nine-b of this title for the period nineteen hundred ninety-two through 44 two thousand [nineteen] twenty-four shall not exceed [fifty-five] ninety 45 billion [four] one hundred [ninety-seven] million dollars. Such aggre- 46 gate principal amount of bonds, notes or other obligations or the 47 expenditure thereof shall not be subject to any limitation contained in 48 any other provision of law on the principal amount of bonds, notes or 49 other obligations or the expenditure thereof applicable to the authori- 50 ty, the Triborough bridge and tunnel authority or the New York city 51 transit authority. The aggregate limitation established by this subdivi- 52 sion shall not include (i) obligations issued to refund, redeem or 53 otherwise repay, including by purchase or tender, obligations thereto- 54 fore issued either by the issuer of such refunding obligations or by theS. 7508--A 24 A. 9508--A 1 authority, the New York city transit authority or the Triborough bridge 2 and tunnel authority, (ii) obligations issued to fund any debt service 3 or other reserve funds for such obligations, (iii) obligations issued or 4 incurred to fund the costs of issuance, the payment of amounts required 5 under bond and note facilities, federal or other governmental loans, 6 security or credit arrangements or other agreements related thereto and 7 the payment of other financing, original issue premiums and related 8 costs associated with such obligations, (iv) an amount equal to any 9 original issue discount from the principal amount of such obligations or 10 to fund capitalized interest, (v) obligations incurred pursuant to 11 section twelve hundred seven-m of this article, (vi) obligations 12 incurred to fund the acquisition of certain buses for the New York city 13 transit authority as identified in a capital program plan approved 14 pursuant to chapter fifty-three of the laws of nineteen hundred ninety- 15 two, (vii) obligations incurred in connection with the leasing, selling 16 or transferring of equipment, and (viii) bond anticipation notes or 17 other obligations payable solely from the proceeds of other bonds, notes 18 or other obligations which would be included in the aggregate principal 19 amount specified in the first sentence of this subdivision, whether or 20 not additionally secured by revenues of the authority, or any of its 21 subsidiary corporations, New York city transit authority, or any of its 22 subsidiary corporations, or Triborough bridge and tunnel authority. 23 § 2. This act shall take effect immediately. 24 PART J 25 Section 1. Subdivisions 1, 2, 3, 4, 5 and 6 of section 1209 of the 26 public authorities law are REPEALED. 27 § 2. Paragraph (a) of subdivision 7 of section 1209 of the public 28 authorities law, as amended by section 3 of subpart C of part ZZZ of 29 chapter 59 of the laws of 2019, is amended and a new paragraph (c) is 30 added to read as follows: 31 (a) Except as otherwise provided in this section, all purchase 32 contracts for supplies, materials or equipment involving an estimated 33 expenditure in excess of one million dollars and all contracts for 34 public work involving an estimated expenditure in excess of one million 35 dollars shall be awarded by the authority to the lowest responsible 36 bidder after obtaining sealed bids in the manner hereinafter set forth. 37 The aforesaid shall not apply to contracts for personal, architectural, 38 engineering or other professional services, nor to contracts for 39 projects using the design build contracting method which may in the 40 authority's discretion be solicited and awarded pursuant to a process 41 for competitive request for proposals. The authority may reject all bids 42 and obtain new bids in the manner provided by this section when it is 43 deemed in the public interest to do so or, in cases where two or more 44 responsible bidders submit identical bids which are the lowest bids, 45 award the contract to any of such bidders or obtain new bids from such 46 bidders. In the event that the authority receives no responsive bids or 47 only a single bid in response to an invitation for bids, it may negoti- 48 ate with any firm capable of providing the goods or work that was the 49 subject of the bid. In the event that, after opening bids, it is deter- 50 mined to be in the best interest of the authority to make a change to 51 the specifications or other terms or requirements of the bid, new bids 52 may be solicited from those firms that submitted bids without additional 53 public advertisements. In the event that a low bid contains a non-con- 54 formity or is otherwise non-compliant with the solicitation, the author-S. 7508--A 25 A. 9508--A 1 ity may permit such bid to be corrected without increase to the low bid 2 price or may reject such bid. Nothing in this paragraph shall obligate 3 the authority to seek new bids after the rejection of bids or after 4 cancellation of an invitation to bid. Nothing in this section shall 5 prohibit the evaluation of bids on the basis of costs or savings includ- 6 ing life cycle costs of the item to be purchased, discounts, and 7 inspection services so long as the invitation to bid reasonably sets 8 forth the criteria to be used in evaluating such costs or savings. Life 9 cycle costs may include but shall not be limited to costs or savings 10 associated with installation, energy use, maintenance, operation and 11 salvage or disposal. 12 (c) To assist the authority in the development, testing and adoption 13 of new and innovative technology, the authority may award contracts for 14 goods or services not to exceed five million dollars to qualified emerg- 15 ing technology companies as defined in section thirty-one hundred two-e 16 of this chapter pursuant to a process established by the board. In 17 screening and selecting emerging technology firms for such awards, the 18 authority may cooperate with the New York city partnership foundation or 19 other such nonprofit organizations. 20 § 3. Paragraph (a) of subdivision 8 of section 1209 of the public 21 authorities law, as amended by chapter 725 of the laws of 1993, is 22 amended to read as follows: 23 (a) Advertisement for bids, when required by this section, shall be 24 published [at least once in a newspaper of general circulation in the25area served by the authority and in the procurement opportunities news-26letter published pursuant to article four-C of the economic development27law provided that,] on the authority's website, notwithstanding the 28 provisions of article four-C of the economic development law[, an adver-29tisement shall only be required when required by this section. Publica-30tion in a newspaper of general circulation in the area served or in the31procurement opportunities newsletter shall not be required if bids for32contracts for supplies, materials or equipment are of a type regularly33purchased by the authority and are to be solicited from a list of poten-34tial suppliers, if such list is or has been developed consistent with35the provisions of subdivision eleven of this section]. Any such adver- 36 tisement shall contain a statement of: (i) the time and place where bids 37 received pursuant to any notice requesting sealed bids will be publicly 38 opened and read; (ii) the name of the contracting agency; (iii) the 39 contract identification number; (iv) a brief description of the public 40 work, supplies, materials, or equipment sought, the location where work 41 is to be performed, goods are to be delivered or services provided and 42 the contract term; (v) the address where bids or proposals are to be 43 submitted; (vi) the date when bids or proposals are due; (vii) a 44 description of any eligibility or qualification requirement or prefer- 45 ence; (viii) a statement as to whether the contract requirements may be 46 fulfilled by a subcontracting, joint venture, or co-production arrange- 47 ment; (ix) any other information deemed useful to potential contractors; 48 and (x) the name, address, and telephone number of the person to be 49 contacted for additional information. At least [fifteen business] five 50 days shall elapse between the first publication of such advertisement or 51 the solicitation of bids, as the case may be, and the date of opening 52 and reading of bids. 53 § 4. Paragraphs (f) and (g) of subdivision 9 of section 1209 of the 54 public authorities law are relettered paragraphs (e) and (f) and para- 55 graphs (c), (d) and (e), as added by chapter 929 of the laws of 1986, 56 are amended to read as follows:S. 7508--A 26 A. 9508--A 1 (c) [the authority receives no responsive bids or only a single2responsive bid in response to an invitation for competitive bids;3(d)] the authority wishes to experiment with or test a product or 4 technology or new source for such product or technology or evaluate the 5 service or reliability of such product or technology; 6 [(e)] (d) the item is available through an existing contract between a 7 vendor and (i) any department, office, agency, or instrumentality of the 8 United States government or department, agency, office, political subdi- 9 vision, or instrumentality of any state within the United States or (ii) 10 another public authority provided that such other authority utilized a 11 process of competitive bidding or a process of competitive requests for 12 proposals to award such contract or [(ii)] (iii) the state of New York 13 or the city of New York, provided that in any case when the authority 14 under this paragraph determines that obtaining such item thereby would 15 be in the public interest and sets forth the reasons for such determi- 16 nation. The authority shall accept sole responsibility for any payment 17 due the vendor as a result of the authority's order; or 18 § 5. Subdivision 10 of section 1209 of the public authorities law, as 19 added by chapter 929 of the laws of 1986, is amended to read as follows: 20 10. Upon the adoption of a resolution by the authority stating, for 21 reasons of efficiency, economy, compatibility or maintenance reliabil- 22 ity, that there is a need for standardization, the authority may estab- 23 lish procedures whereby particular supplies, materials or equipment are 24 identified on a qualified products list. Such procedures shall provide 25 for products or vendors to be added to or deleted from such list and 26 shall include provisions for public advertisement of the manner in which 27 such lists are compiled. The authority shall review such list no less 28 than [twice] once a year for the purpose of making modifications there- 29 to. Contracts for particular supplies, materials or equipment identi- 30 fied on a qualified products list may be awarded by the authority to the 31 lowest responsible bidder after obtaining sealed bids in accordance with 32 this section or without competitive sealed bids in instances when the 33 item is available from only a single source, except that the authority 34 may dispense with advertising provided that it mails copies of the invi- 35 tation to bid to all vendors of the particular item on the qualified 36 products list. 37 § 6. Subdivision 1 of section 1265-a of the public authorities law is 38 REPEALED. 39 § 7. Paragraph (a) of subdivision 2 of section 1265-a of the public 40 authorities law, as amended by section 3-a of subpart C of part ZZZ of 41 chapter 59 of the laws of 2019, is amended to read as follows: 42 (a) Except as otherwise provided in this section, all purchase 43 contracts for supplies, materials or equipment involving an estimated 44 expenditure in excess of one million dollars and all contracts for 45 public work involving an estimated expenditure in excess of one million 46 dollars shall be awarded by the authority to the lowest responsible 47 bidder after obtaining sealed bids in the manner hereinafter set forth. 48 For purposes hereof, contracts for public work shall exclude contracts 49 for personal, engineering and architectural, or professional services, 50 and contracts for projects using the design build contracting method 51 which may, in the authority's discretion, be solicited and awarded 52 pursuant to a process for competitive request for proposals. The 53 authority may reject all bids and obtain new bids in the manner provided 54 by this section when it is deemed in the public interest to do so or, in 55 cases where two or more responsible bidders submit identical bids which 56 are the lowest bids, award the contract to any of such bidders or obtainS. 7508--A 27 A. 9508--A 1 new bids from such bidders. In the event that the authority receives no 2 responsive bids or only a single bid in response to an invitation for 3 bids, it may negotiate with any firm capable of providing the goods or 4 work that was the subject of the bid. In the event that, after opening 5 bids, it is determined to be in the best interest of the authority to 6 make a change to the specifications or other terms or requirements of 7 the bid, new bids may be solicited from those firms that submitted bids 8 without additional public advertisements. In the event that a low bid 9 contains a non-conformity or is otherwise non-compliant with the solic- 10 itation, the authority may permit such bid to be corrected without 11 increase to the low bid price or may reject such bid. Nothing in this 12 paragraph shall obligate the authority to seek new bids after the 13 rejection of bids or after cancellation of an invitation to bid. Noth- 14 ing in this section shall prohibit the evaluation of bids on the basis 15 of costs or savings including life cycle costs of the item to be 16 purchased, discounts, and inspection services so long as the invitation 17 to bid reasonably sets forth the criteria to be used in evaluating such 18 costs or savings. Life cycle costs may include but shall not be limited 19 to costs or savings associated with installation, energy use, mainte- 20 nance, operation and salvage or disposal. 21 § 8. Subdivision 2 of section 1265-a of the public authorities law is 22 amended by adding a new paragraph (d) to read as follows: 23 (d) To assist the authority in the development, testing and adoption 24 of new and innovative technology, the authority may award contracts for 25 goods or services not to exceed five million dollars to qualified emerg- 26 ing technology companies as defined in section thirty-one hundred two-e 27 of this chapter pursuant to a process established by the board. In 28 screening and selecting emerging technology firms for such awards, the 29 authority may cooperate with the New York city partnership foundation or 30 other such nonprofit organizations. 31 § 9. Paragraph (a) of subdivision 3 of section 1265-a of the public 32 authorities law, as amended by chapter 494 of the laws of 1990, is 33 amended to read as follows: 34 (a) Advertisement for bids, when required by this section, shall be 35 published [at least once in a newspaper of general circulation in the36area served by the authority and in the procurement opportunities news-37letter published pursuant to article four-C of the economic development38law provided that,] on the authority's website notwithstanding the 39 provisions of article four-C of the economic development law[, an adver-40tisement shall only be required for a purchase contract for supplies,41materials or equipment when required by this section. Publication in a42newspaper of general circulation in the area served or in the procure-43ment opportunities newsletter shall not be required if bids for44contracts for supplies, materials or equipment are of a type regularly45purchased by the authority and are to be solicited from a list of poten-46tial suppliers, if such list is or has been developed consistent with47the provisions of subdivision six of this section]. Any such advertise- 48 ment shall contain a statement of: (i) the time and place where bids 49 received pursuant to any notice requesting sealed bids will be publicly 50 opened and read; (ii) the name of the contracting agency; (iii) the 51 contract identification number; (iv) a brief description of the public 52 work, supplies, materials, or equipment sought, the location where work 53 is to be performed, goods are to be delivered or services provided and 54 the contract term; (v) the address where bids or proposals are to be 55 submitted; (vi) the date when bids or proposals are due; (vii) a 56 description of any eligibility or qualification requirement or prefer-S. 7508--A 28 A. 9508--A 1 ence; (viii) a statement as to whether the contract requirements may be 2 fulfilled by a subcontracting, joint venture, or co-production arrange- 3 ment; (ix) any other information deemed useful to potential contractors; 4 and (x) the name, address, and telephone number of the person to be 5 contacted for additional information. At least [fifteen business] five 6 days shall elapse between the first publication of such advertisement or 7 the solicitation of bids, as the case may be, and the date of opening 8 and reading of bids. 9 § 10. Paragraphs (f) and (g) of subdivision 4 of section 1265-a of the 10 public authorities law are relettered paragraphs (e) and (f) and para- 11 graphs (c), (d) and (e), as added by chapter 929 of the laws of 1986, 12 are amended to read as follows: 13 (c) [the authority receives no responsive bids or only a single14responsive bid in response to an invitation for competitive bids;15(d)] the authority wishes to experiment with or test a product or 16 technology or new source for such product or technology or evaluate the 17 service or reliability of such product or technology; 18 [(e)] (d) the item is available through an existing contract between a 19 vendor and (i) any department, office, agency, or instrumentality of the 20 United States government or department, agency, office, political subdi- 21 vision, or instrumentality of any state within the United States or (ii) 22 another public authority provided that such other authority utilized a 23 process of competitive bidding or a process of competitive requests for 24 proposals to award such contracts or [(ii)] (iii) Nassau county, or 25 [(iii)] (iv) the state of New York or [(iv)] (v) the city of New York, 26 provided that in any case when under this paragraph the authority deter- 27 mines that obtaining such item thereby would be in the public interest 28 and sets forth the reasons for such determination. The authority shall 29 accept sole responsibility for any payment due the vendor as a result of 30 the authority's order; or 31 § 11. Subdivision 5 of section 1265-a of the public authorities law, 32 as added by chapter 929 of the laws of 1986, is amended to read as 33 follows: 34 5. Upon the adoption of a resolution by the authority stating, for 35 reasons of efficiency, economy, compatibility or maintenance reliabil- 36 ity, that there is a need for standardization, the authority may estab- 37 lish procedures whereby particular supplies, materials or equipment are 38 identified on a qualified products list. Such procedures shall provide 39 for products or vendors to be added to or deleted from such list and 40 shall include provisions for public advertisement of the manner in which 41 such lists are compiled. The authority shall review such list no less 42 than [twice] once a year for the purpose of making such modifications. 43 Contracts for particular supplies, materials or equipment identified on 44 a qualified products list may be awarded by the authority to the lowest 45 responsible bidder after obtaining sealed bids in accordance with this 46 section or without competitive sealed bids in instances when the item is 47 available from only a single source, except that the authority may 48 dispense with advertising provided that it mails copies of the invita- 49 tion to bid to all vendors of the particular item on the qualified 50 products list. 51 § 12. Section 15 of part OO of chapter 54 of the laws of 2016, amend- 52 ing the public authorities law relating to procurements by the New York 53 City transit authority and the metropolitan transportation authority, is 54 amended to read as follows: 55 § 15. This act shall take effect immediately[, and shall expire and be56deemed repealed April 1, 2021].S. 7508--A 29 A. 9508--A 1 § 13. This act shall take effect immediately, provided, however, that 2 the amendments to paragraph (a) of subdivision 2 of section 1265-a of 3 the public authorities law made by section seven of this act shall not 4 affect the expiration of such paragraph and shall be deemed to expire 5 therewith. 6 PART K 7 Section 1. Section 3 of part PP of chapter 54 of the laws of 2016, 8 amending the general municipal law relating to the New York transit 9 authority and the metropolitan transportation authority, is amended to 10 read as follows: 11 § 3. This act shall take effect immediately; provided that the amend- 12 ments to subdivision 1 of section 119-r of the general municipal law 13 made by section two of this act shall expire and be deemed repealed 14 [April 1, 2021] December 31, 2024, and provided further that such repeal 15 shall not affect the validity or duration of any contract entered into 16 before that date pursuant to paragraph f of such subdivision. 17 § 2. This act shall take effect immediately. 18 PART L 19 Section 1. Section 1266 of the public authorities law is amended by 20 adding a new subdivision 19 to read as follows: 21 19. Notwithstanding any law to the contrary, the Long Island Rail Road 22 Company and the Metro-North Commuter Railroad Company or their contrac- 23 tors may without the need for any license, permit, permission, approval 24 or order from any court, administrative tribunal or other governmental 25 agency, bureau or department enter upon any private property abutting 26 their respective rights of way, for the purpose of removing, trimming or 27 cutting back any tree, shrub or other vegetation to preserve the safety 28 and efficiency of commuter rail operations, subject to the following: 29 (a) except in cases of imminent threat of harm to persons or property, 30 a request has been made to the owner of such private property for 31 permission to enter upon such property for such purpose, which request 32 has been denied or has been granted subject to unreasonable terms and 33 conditions; 34 (b) the removal, trimming or cutting back of trees, shrubs or other 35 vegetation is limited to that needed to preserve the safety and effi- 36 ciency of commuter rail operations by (i) preventing the deposit of leaf 37 debris from such trees, shrubs or other vegetation on rail tracks so as 38 to avoid slip-slide conditions during the annual leaf-off season, or 39 (ii) removing trees, shrubs or other vegetation, or branches, limbs or 40 other parts of such trees, shrubs or other vegetation, which are 41 damaged, diseased or situated in such a manner so that they are likely 42 to break or fall off during high winds or extreme weather conditions, 43 posing a risk to commuter railroad facilities, employees or the general 44 public; and 45 (c) except in the case of invasive species, or species which are 46 poisonous or noxious, or where an entire tree is removed, due care is 47 taken to avoid any trimming or cutting back which would damage the main 48 support systems of such trees, shrubs or other vegetation, with the 49 subject railroad being liable to the property owner for the actual 50 damage done if such trimming or cutting back does in fact damage such 51 main support systems.S. 7508--A 30 A. 9508--A 1 Nothing contained in this subdivision shall be construed to eliminate 2 or limit any rights the Long Island Rail Road Company or the Metro-North 3 Commuter Railroad Company may otherwise have under law with respect to 4 the removal, trimming or cutting back of trees, shrubs or other vege- 5 tation on private property abutting their rights of way. 6 § 2. This act shall take effect immediately. 7 PART M 8 Section 1. Subdivision 3 of section 165.15 of the penal law is amended 9 to read as follows: 10 3. With intent to obtain railroad, subway, bus, air, taxi or any other 11 public transportation service or to use any toll highway, parkway, road, 12 bridge or tunnel or to enter or remain in the tolled central business 13 district described in section seventeen hundred four of the vehicle and 14 traffic law without payment of the lawful charge or toll therefor, or to 15 avoid payment of the lawful charge or toll for such transportation 16 service which has been rendered to him or her or for such use of any 17 toll highway, parkway, road, bridge or tunnel or for such entering or 18 remaining in such tolled central business district, he or she obtains or 19 attempts to obtain such service or to use any toll highway, parkway, 20 road, bridge or tunnel or to enter or remain in a tolled central busi- 21 ness district or avoids or attempts to avoid payment therefor by force, 22 intimidation, stealth, deception or mechanical tampering, or by unjusti- 23 fiable failure or refusal to pay; or 24 § 2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and 25 traffic law, as amended by chapter 109 of the laws of 2005, is amended 26 and a new paragraph (c) is added to read as follows: 27 (b) Number plates shall be kept clean and in a condition so as to be 28 easily readable and shall not be covered by glass or any plastic materi- 29 al, and shall not be knowingly covered or coated with any artificial or 30 synthetic material or substance that conceals or obscures such number 31 plates or that distorts a recorded or photographic image of such number 32 plates, and the view of such number plates shall not be obstructed by 33 any part of the vehicle or by anything carried thereon[, except for a34receiver-transmitter issued by a publicly owned tolling facility in35connection with electronic toll collection when such receiver-transmit-36ter is affixed to the exterior of a vehicle in accordance with mounting37instructions provided by the tolling facility]. 38 (c) It shall be unlawful for any person to operate, drive or park a 39 motor vehicle on a toll highway, bridge and/or tunnel facility or enter 40 or remain in the tolled central business district described in section 41 seventeen hundred four of this chapter, under the jurisdiction of the 42 tolling authority, if such number plate is not easily readable, nor 43 shall any number plate be covered by glass or any plastic material, and 44 shall not be knowingly covered or coated with any artificial or synthet- 45 ic material or substance that conceals or obscures such number plates, 46 or that distorts a recorded or photographic image of such number plates, 47 and the view of such number plates shall not be obstructed by any part 48 of the vehicle or by anything carried thereon, except for a receiver- 49 transmitter issued by a publicly owned tolling authority in connection 50 with electronic toll collection when such receiver-transmitter is 51 affixed to the exterior of a vehicle in accordance with mounting 52 instructions provided by the tolling authority. For purposes of this 53 paragraph, "tolling authority" shall mean every public authority which 54 operates a toll highway, bridge and/or tunnel or a central businessS. 7508--A 31 A. 9508--A 1 district tolling program as well as the Port Authority of New York and 2 New Jersey, a bi-state agency created by compact set forth in chapter 3 one hundred fifty-four of the laws of nineteen hundred twenty-one, as 4 amended. 5 § 3. Subdivision 8 of section 402 of the vehicle and traffic law, as 6 amended by chapter 61 of the laws of 1989 and as renumbered by chapter 7 648 of the laws of 2006, is amended to read as follows: 8 8. The violation of this section shall be punishable by a fine of not 9 less than twenty-five nor more than two hundred dollars except for 10 violations of paragraph (c) of subdivision one of this section which 11 shall be punishable by a fine of not less than one hundred nor more than 12 five hundred dollars. 13 § 4. This act shall take effect on the ninetieth day after it shall 14 have become a law. 15 PART N 16 Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa- 17 rately amended by chapters 268 and 281 of the laws of 2016, is amended 18 to read as follows: 19 11. With intent to cause physical injury to a train operator, ticket 20 inspector, conductor, signalperson, bus operator, station agent, station 21 cleaner [or], terminal cleaner, station customer assistant; person whose 22 official duties include the sale or collection of tickets, passes, 23 vouchers, or other fare payment media for use on a train or bus; a 24 person whose official duties include the maintenance, repair, 25 inspection, troubleshooting, testing or cleaning of a transit signal 26 system, elevated or underground subway tracks, transit station struc- 27 ture, train yard, revenue train in passenger service, or a train or bus 28 station or terminal; or a supervisor of such personnel, employed by any 29 transit agency, authority or company, public or private, whose operation 30 is authorized by New York state or any of its political subdivisions, a 31 city marshal, a school crossing guard appointed pursuant to section two 32 hundred eight-a of the general municipal law, a traffic enforcement 33 officer, traffic enforcement agent, prosecutor as defined in subdivision 34 thirty-one of section 1.20 of the criminal procedure law, sanitation 35 enforcement agent, New York city sanitation worker, public health sani- 36 tarian, New York city public health sanitarian, registered nurse, 37 licensed practical nurse, emergency medical service paramedic, or emer- 38 gency medical service technician, he or she causes physical injury to 39 such train operator, ticket inspector, conductor, signalperson, bus 40 operator, station agent, station cleaner [or], terminal cleaner, station 41 customer assistant; person whose official duties include the sale or 42 collection of tickets, passes, vouchers or other fare payment media for 43 use on a train or bus; a person whose official duties include the main- 44 tenance, repair, inspection, troubleshooting, testing or cleaning of a 45 transit signal system, elevated or underground subway tracks, transit 46 station structure, train yard, revenue train in passenger service, or a 47 train or bus station or terminal; or a supervisor of such personnel, 48 city marshal, school crossing guard appointed pursuant to section two 49 hundred eight-a of the general municipal law, traffic enforcement offi- 50 cer, traffic enforcement agent, prosecutor as defined in subdivision 51 thirty-one of section 1.20 of the criminal procedure law, registered 52 nurse, licensed practical nurse, public health sanitarian, New York city 53 public health sanitarian, sanitation enforcement agent, New York city 54 sanitation worker, emergency medical service paramedic, or emergencyS. 7508--A 32 A. 9508--A 1 medical service technician, while such employee is performing an 2 assigned duty on, or directly related to, the operation of a train or 3 bus, [including the] cleaning of a train or bus station or terminal or 4 maintenance of a train or bus station or terminal, signal system, 5 elevated or underground subway tracks, transit station structure, train 6 yard or revenue train in passenger service, or such city marshal, school 7 crossing guard, traffic enforcement officer, traffic enforcement agent, 8 prosecutor as defined in subdivision thirty-one of section 1.20 of the 9 criminal procedure law, registered nurse, licensed practical nurse, 10 public health sanitarian, New York city public health sanitarian, sani- 11 tation enforcement agent, New York city sanitation worker, emergency 12 medical service paramedic, or emergency medical service technician is 13 performing an assigned duty; or 14 § 2. This act shall take effect on the ninetieth day after it shall 15 have become a law. 16 PART O 17 Section 1. Section 240.30 of the penal law is amended by adding a new 18 subdivision 3-a to read as follows: 19 3-a. He or she strikes, shoves, kicks, or otherwise subjects another 20 person to physical contact, which includes spitting on such other 21 person, and such other person is an on-duty train operator; ticket 22 inspector; conductor; signalperson; bus operator; station agent; station 23 cleaner; terminal cleaner; station customer assistant; person whose 24 official duties include the sale or collection of tickets, passes, 25 vouchers or other fare payment media for use on a train or bus; person 26 whose official duties include the maintenance, repair, inspection, trou- 27 bleshooting, testing or cleaning of a transit signal system, elevated or 28 underground subway tracks, transit station structure, train yard, reven- 29 ue train in passenger service, or train or bus station or terminal; or a 30 supervisor of such personnel, employed by any transit agency, authority 31 or company, public or private, whose operation is authorized by New York 32 state or any of its political subdivisions. 33 § 2. This act shall take effect on the ninetieth day after it shall 34 have become a law. 35 PART P 36 Section 1. The penal law is amended by adding a new title Y-3 to read 37 as follows: 38 TITLE Y-3 39 TRANSIT CRIMES 40 ARTICLE 498 41 TRANSIT CRIMES 42 Section 498.05 Order of protection of public transit riders. 43 498.10 Transit trespass. 44 § 498.05 Order of protection of public transit riders. 45 1. When any criminal action is pending against a defendant charged 46 with a crime involving unlawful sexual conduct committed against any 47 metropolitan transportation authority passenger, customer, or employee 48 or an assault-related crime or offense against a metropolitan transpor- 49 tation authority employee committed in or on any of the subways, trains, 50 buses, or other conveyances or facilities of the metropolitan transpor- 51 tation authority or its subsidiaries or of the New York city transitS. 7508--A 33 A. 9508--A 1 authority or its subsidiaries, the court, in addition to the other 2 powers conferred upon it by this chapter, may as a condition of a pre- 3 trial release, or as a condition of release on bail or an adjournment in 4 contemplation of dismissal, issue a temporary order of protection of 5 public transit riders to ensure the public safety. Such an order may 6 require that the defendant refrain from entering, remaining in or using 7 the facilities or conveyances of the metropolitan transportation author- 8 ity or its subsidiaries and the New York city transit authority and its 9 subsidiaries. A temporary order of protection of public transit riders 10 shall remain in effect until the final disposition of the case unless 11 revoked by the court. 12 2. Upon sentencing on a conviction for a crime involving unlawful 13 sexual conduct committed against any metropolitan transportation author- 14 ity passenger, customer, or employee or an assault-related crime or 15 offense against a metropolitan transportation authority employee commit- 16 ted in or on any facility or conveyance of the metropolitan transporta- 17 tion authority or its subsidiaries or of the New York city transit 18 authority or its subsidiaries, the court may, in addition to any other 19 disposition, enter an order of protection of public transit riders. The 20 duration of such an order shall be three years. 21 3. In any proceeding in which an order of protection of public transit 22 riders or temporary order of protection of public transit riders has 23 been issued under this section, the clerk of the court shall issue to 24 the defendant and defense counsel and the metropolitan transportation 25 authority, a copy of the order of protection of public transit riders or 26 temporary order of protection of public transit riders. 27 § 498.10 Transit trespass. 28 A person is guilty of transit trespass when, being a person subject to 29 a prohibition order issued by the metropolitan transportation authority 30 pursuant to section twelve hundred sixty-four-b of the public authori- 31 ties law or an order of protection of public transit riders or temporary 32 order of protection of public transit riders issued by a court, he or 33 she knowingly enters or remains in or uses any facility or conveyance of 34 the metropolitan transportation authority or its subsidiaries or of the 35 New York city transit authority or its subsidiaries. 36 Transit trespass is a class A misdemeanor. 37 § 2. The public authorities law is amended by adding a new section 38 1264-b to read as follows: 39 § 1264-b. Prohibition orders. 1. The authority may issue a prohibition 40 order to any person if it determines that: 41 (a) the person: (i) has been issued a summons, an appearance ticket, 42 or a notice of violation for committing a violation of any of the rules 43 and regulations governing the conduct and safety of the public estab- 44 lished by the New York city transit authority, the Manhattan and Bronx 45 surface transit operating authority, the Staten Island rapid transit 46 operating authority, MTA bus company, the Metro-North commuter railroad 47 company, or the Long Island Rail Road company; and (ii) the violation 48 was related to a sexual offense committed against any metropolitan 49 transportation authority passenger, customer, or employee or an 50 assault-related crime or offense against a metropolitan transportation 51 authority employee; and (iii) the person was previously issued two or 52 more summonses, appearance tickets, or notices of violation for commit- 53 ting a violation of any of the rules and regulations governing the 54 conduct and safety of the public established by the New York city trans- 55 it authority, the Manhattan and Bronx surface transit operating authori- 56 ty, the Staten Island rapid transit operating authority, the MTA busS. 7508--A 34 A. 9508--A 1 company, the Metro-North commuter railroad company, or the Long Island 2 Rail Road company for a violation related to a sexual offense committed 3 against any metropolitan transportation authority passenger, customer, 4 or employee or an assault-related crime or offense against a metropol- 5 itan transportation authority employee; or 6 (b) the person has been designated a level three sex offender pursuant 7 to the procedures set forth in article six-C of the correction law. 8 2. A person subject to a prohibition order may not use or enter any of 9 the authority's subways, trains, buses, or other conveyances or facili- 10 ties as specified in the order for a period of three years following the 11 issuance of the prohibition order. 12 3. No prohibition order shall be effective unless the authority first 13 affords the person notice and an opportunity to contest the authority's 14 proposed action in accordance with procedures adopted by the authority 15 for this purpose. The authority's procedures shall provide, at a mini- 16 mum, for the notice and other protections set forth in this section, and 17 the authority shall provide reasonable notification to the public of the 18 availability of such procedures. 19 4. (a) A notice of a proposed prohibition order shall set forth a 20 description of the listed crimes or conduct giving rise to the prohibi- 21 tion order, including reference to the applicable statutory provision or 22 ordinance violated, the dates of the listed conduct, the locations where 23 such conduct was committed and the scope of the prohibition. The notice 24 shall include a clear and conspicuous statement indicating the procedure 25 for contesting the proposed prohibition order. The notice shall be 26 served upon the person who is the subject of the proposed prohibition 27 order in the manner set forth in paragraph (b) of this subdivision. The 28 notice of prohibition order, or a copy thereof, shall be considered a 29 record kept in the ordinary course of business of the authority and 30 shall be prima facie evidence of the facts contained in the notice 31 establishing a rebuttable presumption affecting the burden of producing 32 evidence. For purposes of this paragraph, "clear and conspicuous" means 33 in larger type than the surrounding text, or in contrasting type, font, 34 or color to the surrounding text of the same size or set off from the 35 surrounding text of the same size by symbols or other marks that call 36 attention to the language. 37 (b) A proposed prohibition order may be served by: 38 (1) in-person delivery; or 39 (2) delivery by any form of mail providing for delivery confirmation, 40 postage prepaid, to the most recent address provided by the person being 41 served in government records, including, but not limited to, the address 42 set forth in a citation or court records; or 43 (3) any alternate method approved in writing by the authority and the 44 person being served. 45 (c) For purposes of this section, delivery shall be deemed to have 46 been made on the following date, as applicable: 47 (1) on the date of delivery, if delivered in person; or 48 (2) on the date of confirmed delivery, if delivered by mail. 49 (d) Proof of service of the notice shall be filed with the authority. 50 (e) If a person contests a notice of prohibition order, the authority 51 shall proceed in accordance with subdivision six of this section. If the 52 notice of prohibition order is not contested within ten calendar days 53 following service of the notice, the prohibition order shall be deemed 54 final and shall be effective, without further action by the authority 55 for three years.S. 7508--A 35 A. 9508--A 1 (f) Prohibition orders shall be subject to an automatic stay and shall 2 not take effect until the latest of the following: 3 (1) eleven calendar days following service of the notice of the 4 proposed prohibition order if the order is not contested; 5 (2) eleven calendar days following service of the results of the 6 review if an initial review is timely requested and the proposed prohi- 7 bition order is upheld on review; or 8 (3) the date the hearing officer's decision is served on the person if 9 an administrative hearing is timely requested and the hearing officer 10 upheld the order. 11 5. (a) For a period of ten days from the service of the proposed 12 prohibition order, the person may request an initial review of the 13 prohibition order by the authority. The request may be made by tele- 14 phone, in writing, or in person. There shall be no charge for this 15 review. In conducting its review and reaching a determination, the 16 authority shall determine whether the prohibition order meets the 17 requirements of subdivision one of this section. If, following the 18 initial review, based on these findings, the authority determines that 19 the proposed prohibition order is not adequately supported or that 20 extenuating circumstances make dismissal of the prohibition order appro- 21 priate in the interest of justice, the authority shall cancel the 22 notice. If, following the initial review, based on these findings, the 23 authority determines that the prohibition order should be upheld in 24 whole or in part, the authority shall issue a written statement to that 25 effect, including any modification to the period or scope of the prohi- 26 bition order. The authority shall serve the results of the initial 27 review to the person contesting the notice as set forth in subdivision 28 four of this section. 29 (b) The authority may in its discretion modify or cancel a prohibition 30 order in the interest of justice at any time. If the person depends upon 31 the authority's subways, trains, buses, or other conveyances or facili- 32 ties for trips of necessity, including, but not limited to, travel to or 33 from medical or legal appointments, school or training classes, or plac- 34 es of employment; obtaining food, clothing, and necessary household 35 items; or rendering care to family members, the authority may modify a 36 prohibition order to allow for a trip or trips as in its discretion are 37 necessary. A person requesting that a prohibition order be cancelled or 38 modified in the interest of justice shall have the burden of establish- 39 ing the qualifying circumstances by a preponderance of the evidence. 40 (c) If the person is dissatisfied with the results of the initial 41 review, the person may request an administrative hearing of the prohibi- 42 tion order no later than ten days after the results of the initial 43 review are serviced. The request may be made by telephone, in writing, 44 or in person. An administrative hearing shall be held within thirty days 45 after the receipt of a request for an administrative hearing. The person 46 requesting the hearing may request one continuance, not to exceed seven 47 calendar days. 48 6. The administrative hearing process shall include all of the follow- 49 ing: 50 (a) The person requesting the hearing shall have the choice of a hear- 51 ing by mail or in person. An in-person hearing shall be conducted by the 52 transit adjudication bureau established by section twelve hundred nine-a 53 of this article. 54 (b) The administrative hearing shall be conducted in accordance with 55 written procedures established by the authority. The hearing shallS. 7508--A 36 A. 9508--A 1 provide an independent, objective, fair, and impartial review of the 2 prohibition order. 3 (c) The administrative review shall be conducted before a hearing 4 officer. In addition to any other requirements, a hearing officer shall 5 demonstrate the qualifications, training, and objectivity as are neces- 6 sary to fulfill and that are consistent with the duties and responsibil- 7 ities set forth in this subdivision. 8 (d) In issuing a decision, the hearing officer shall determine whether 9 the prohibition order meets the requirements of subdivision one of this 10 section. Based upon these findings, the hearing officer may uphold the 11 prohibition order in whole, determine that the prohibition order is not 12 adequately supported by a preponderance of the evidence, or cancel or 13 modify the prohibition order in the interest of justice. If the person 14 depends upon the authority's subways, trains, buses, or other conveyanc- 15 es or facilities for trips of necessity, including, but not limited to, 16 travel to or from medical or legal appointments, school or training 17 classes, or places of employment; obtaining food, clothing, and neces- 18 sary household items; or rendering care to family members, the hearing 19 officer may in their discretion modify a prohibition order to allow for 20 such trips. A person requesting a cancellation or modification in the 21 interest of justice shall have the burden of establishing the qualifying 22 circumstances by a preponderance of the evidence. 23 (e) The hearing officer's decision following the administrative hear- 24 ing shall be served as set forth in subdivision four of this section. 25 (f) A person aggrieved by the final decision of the hearing officer 26 may seek judicial review of the decision within ninety days of service 27 of the decision pursuant to article seventy-eight of the civil practice 28 law and rules. 29 7. A person issued a prohibition order may, within ten days of the 30 date the order becomes effective, request a refund for any prepaid fare 31 amounts rendered unusable in whole or in part by the prohibition order 32 including, but not limited to, monthly passes. 33 8. The provisions of this section shall not be construed to limit the 34 power of any court to issue additional restrictions on a person's abili- 35 ty to use or enter the authority's facilities or conveyances, including 36 but not limited to as a condition of bail or probation or conditional 37 discharge or as a part of any criminal sentence. 38 § 3. This act shall take effect on the ninetieth day after it shall 39 have become a law. Effective immediately, the metropolitan transporta- 40 tion authority may adopt any rules, regulations, policies or procedures 41 necessary to implement this act prior to the effective date of this act. 42 PART Q 43 Section 1. Paragraph (d) of section 304 of the business corporation 44 law is amended to read as follows: 45 (d) Any designated post office address maintained by the secretary of 46 state as agent of a domestic corporation or foreign corporation for the 47 purpose of mailing process shall be the post office address, within or 48 without the state, to which a person shall mail process against such 49 corporation as required by this article. Any designated [post-office] 50 post office address to which the secretary of state or a person shall 51 mail a copy of any process served upon [him] the secretary of state as 52 agent of a domestic corporation or a foreign corporation, shall continue 53 until the filing of a certificate under this chapter directing the mail- 54 ing to a different [post-office] post office address.S. 7508--A 37 A. 9508--A 1 § 2. Paragraph (a) of section 305 of the business corporation law, as 2 amended by chapter 131 of the laws of 1985, is amended to read as 3 follows: 4 (a) In addition to such designation of the secretary of state, every 5 domestic corporation or authorized foreign corporation may designate a 6 registered agent in this state upon whom process against such corpo- 7 ration may be served. The agent shall be a natural person who is a resi- 8 dent of or has a business address in this state [or], a domestic corpo- 9 ration or foreign corporation of any type or kind formed, or authorized 10 to do business in this state[,] under this chapter or under any other 11 statute of this state, or a domestic limited liability company or 12 foreign limited liability company formed or authorized to do business in 13 this state. 14 § 3. Subparagraph 1 of paragraph (b) of section 306 of the business 15 corporation law, as amended by chapter 419 of the laws of 1990, is 16 amended to read as follows: 17 (1) Service of process on the secretary of state as agent of a domes- 18 tic or authorized foreign corporation, or other business entity that has 19 designated the secretary of state as agent for service of process pursu- 20 ant to article nine of this chapter, shall be made by [personally deliv-21ering to and leaving with the secretary of state or a deputy, or with22any person authorized by the secretary of state to receive such service,23at the office of the department of state in the city of Albany, dupli-24cate copies of such process together with the statutory fee, which fee25shall be a taxable disbursement] mailing the process and notice of 26 service thereof by certified mail, return receipt requested, to such 27 corporation or other business entity, at the post office address on file 28 in the department of state specified for this purpose. If a domestic or 29 authorized foreign corporation has no such address on file in the 30 department of state, the process and notice of service thereof shall be 31 mailed, in the case of a domestic corporation, in care of any director 32 named in its certificate of incorporation at the director's address 33 stated therein or, in the case of an authorized foreign corporation, to 34 such corporation at the address of its office within this state on file 35 in the department. On the same day that such process is mailed, a dupli- 36 cate copy of such process and proof of mailing together with the statu- 37 tory fee, which fee shall be a taxable disbursement, shall be personally 38 delivered to and left with the secretary of state or a deputy, or with 39 any person authorized by the secretary of state to receive such service, 40 at the office of the department of state in the city of Albany. Proof of 41 mailing shall be by affidavit of compliance with this section. Service 42 of process on such corporation or other business entity shall be 43 complete when the secretary of state is so served. [The secretary of44state shall promptly send one of such copies by certified mail, return45receipt requested, to such corporation, at the post office address, on46file in the department of state, specified for the purpose. If a domes-47tic or authorized foreign corporation has no such address on file in the48department of state, the secretary of state shall so mail such copy, in49the case of a domestic corporation, in care of any director named in its50certificate of incorporation at the director's address stated therein51or, in the case of an authorized foreign corporation, to such corpo-52ration at the address of its office within this state on file in the53department.] 54 § 4. Subparagraphs 2 and 3 of paragraph (a) of section 306-A of the 55 business corporation law, as added by chapter 469 of the laws of 1997, 56 are amended to read as follows:S. 7508--A 38 A. 9508--A 1 (2) That the address of the party has been designated by the corpo- 2 ration as the post office address to which [the secretary of state] a 3 person shall mail a copy of any process served on the secretary of state 4 as agent for such corporation, specifying such address, and that such 5 party wishes to resign. 6 (3) That at least sixty days prior to the filing of the certificate of 7 resignation for receipt of process with the department of state the 8 party has sent a copy of the certificate of resignation for receipt of 9 process by registered or certified mail to the address of the registered 10 agent of the designating corporation, if other than the party filing the 11 certificate of resignation[,] for receipt of process, or if the [resign-12ing] designating corporation has no registered agent, then to the last 13 address of the designating corporation known to the party, specifying 14 the address to which the copy was sent. If there is no registered agent 15 and no known address of the designating corporation, the party shall 16 attach an affidavit to the certificate stating that a diligent but 17 unsuccessful search was made by the party to locate the corporation, 18 specifying what efforts were made. 19 § 5. Subparagraph 7 of paragraph (a) of section 402 of the business 20 corporation law is amended to read as follows: 21 (7) A designation of the secretary of state as agent of the corpo- 22 ration upon whom process against it may be served and the post office 23 address, within or without this state, to which [the secretary of state] 24 a person shall mail a copy of any process against it served upon [him] 25 the secretary of state. 26 § 6. Subparagraph (c) of paragraph 1 of section 408 of the business 27 corporation law, as amended by section 3 of part S of chapter 59 of the 28 laws of 2015, is amended to read as follows: 29 (c) The post office address, within or without this state, to which 30 [the secretary of state] a person shall mail a copy of any process 31 against it served upon [him or her] the secretary of state. Such 32 address shall supersede any previous address on file with the department 33 of state for this purpose. 34 § 7. Subparagraph 4 of paragraph (b) of section 801 of the business 35 corporation law is amended to read as follows: 36 (4) To specify or change the post office address to which [the secre-37tary of state] a person shall mail a copy of any process against the 38 corporation served upon [him] the secretary of state. 39 § 8. Subparagraph 2 of paragraph (b) of section 803 of the business 40 corporation law, as amended by chapter 803 of the laws of 1965, is 41 amended to read as follows: 42 (2) To specify or change the post office address to which [the secre-43tary of state] a person shall mail a copy of any process against the 44 corporation served upon [him] the secretary of state. 45 § 9. Paragraph (b) of section 805-A of the business corporation law, 46 as added by chapter 725 of the laws of 1964, is amended to read as 47 follows: 48 (b) A certificate of change which changes only the post office address 49 to which [the secretary of state] a person shall mail a copy of any 50 process against a corporation served upon [him or] the secretary of 51 state and/or the address of the registered agent, provided such address 52 being changed is the address of a person, partnership, limited liability 53 company or other corporation whose address, as agent, is the address to 54 be changed or who has been designated as registered agent for such 55 corporation, may be signed[, verified] and delivered to the department 56 of state by such agent. The certificate of change shall set forth theS. 7508--A 39 A. 9508--A 1 statements required under subparagraphs [(a)] (1), (2) and (3) of para- 2 graph (a) of this section; that a notice of the proposed change was 3 mailed to the corporation by the party signing the certificate not less 4 than thirty days prior to the date of delivery to the department and 5 that such corporation has not objected thereto; and that the party sign- 6 ing the certificate is the agent of such corporation to whose address 7 [the secretary of state] a person is required to mail copies of process 8 served on the secretary of state or the registered agent, if such be the 9 case. A certificate signed[, verified] and delivered under this para- 10 graph shall not be deemed to effect a change of location of the office 11 of the corporation in whose behalf such certificate is filed. 12 § 10. Subparagraph 8 of paragraph (a) of section 904-a of the business 13 corporation law, as amended by chapter 177 of the laws of 2008, is 14 amended to read as follows: 15 (8) If the surviving or resulting entity is a foreign corporation or 16 other business entity, a designation of the secretary of state as its 17 agent upon whom process against it may be served in the manner set forth 18 in paragraph (b) of section three hundred six of this chapter, in any 19 action or special proceeding, and a post office address, within or with- 20 out this state, to which [the secretary of state] a person shall mail a 21 copy of any process against it served upon [him] the secretary of state. 22 Such post office address shall supersede any prior address designated as 23 the address to which process shall be mailed; 24 § 11. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of 25 the business corporation law, as amended by chapter 494 of the laws of 26 1997, is amended to read as follows: 27 (G) A designation of the secretary of state as its agent upon whom 28 process against it may be served in the manner set forth in paragraph 29 (b) of section 306 (Service of process), in any action or special 30 proceeding, and a post office address, within or without this state, to 31 which [the secretary of state] a person shall mail a copy of any process 32 against it served upon [him] the secretary of state. Such post office 33 address shall supersede any prior address designated as the address to 34 which process shall be mailed. 35 § 12. Subparagraph 6 of paragraph (a) of section 1304 of the business 36 corporation law, as amended by chapter 684 of the laws of 1963 and as 37 renumbered by chapter 590 of the laws of 1982, is amended to read as 38 follows: 39 (6) A designation of the secretary of state as its agent upon whom 40 process against it may be served and the post office address, within or 41 without this state, to which [the secretary of state] a person shall 42 mail a copy of any process against it served upon [him] the secretary of 43 state. 44 § 13. Subparagraph 7 of paragraph (a) of section 1308 of the business 45 corporation law, as amended by chapter 725 of the laws of 1964 and as 46 renumbered by chapter 186 of the laws of 1983, is amended to read as 47 follows: 48 (7) To specify or change the post office address to which [the secre-49tary of state] a person shall mail a copy of any process against it 50 served upon [him] the secretary of state. 51 § 14. Subparagraph 2 of paragraph (a) and paragraph (c) of section 52 1309-A of the business corporation law, subparagraph 2 of paragraph (a) 53 as added by chapter 725 of the laws of 1964 and paragraph (c) as amended 54 by chapter 172 of the laws of 1999, are amended to read as follows:S. 7508--A 40 A. 9508--A 1 (2) To specify or change the post office address to which [the secre-2tary of state] a person shall mail a copy of any process against it 3 served upon [him] the secretary of state. 4 (c) A certificate of change of application for authority which changes 5 only the post office address to which [the secretary of state] a person 6 shall mail a copy of any process against an authorized foreign corpo- 7 ration served upon [him or which] the secretary of state and/or changes 8 the address of its registered agent, provided such address is the 9 address of a person, partnership, limited liability company or other 10 corporation whose address, as agent, is the address to be changed or who 11 has been designated as registered agent for such authorized foreign 12 corporation, may be signed and delivered to the department of state by 13 such agent. The certificate of change of application for authority shall 14 set forth the statements required under subparagraphs (1), (2), (3) and 15 (4) of paragraph (b) of this section; that a notice of the proposed 16 change was mailed by the party signing the certificate to the authorized 17 foreign corporation not less than thirty days prior to the date of 18 delivery to the department and that such corporation has not objected 19 thereto; and that the party signing the certificate is the agent of such 20 foreign corporation to whose address [the secretary of state] a person 21 is required to mail copies of process served on the secretary of state 22 or the registered agent, if such be the case. A certificate signed and 23 delivered under this paragraph shall not be deemed to effect a change of 24 location of the office of the corporation in whose behalf such certif- 25 icate is filed. 26 § 15. Subparagraphs 1 and 6 of paragraph (a) of section 1310 of the 27 business corporation law, subparagraph 1 as amended by chapter 590 of 28 the laws of 1982, are amended to read as follows: 29 (1) The name of the foreign corporation as it appears on the index of 30 names of existing domestic and authorized foreign corporations of any 31 type or kind in the department of state, division of corporations [or,] 32 and the fictitious name, if any, the corporation has agreed to use in 33 this state pursuant to paragraph (d) of section 1301 of this [chapter] 34 article. 35 (6) A post office address, within or without this state, to which [the36secretary of state] a person shall mail a copy of any process against it 37 served upon [him] the secretary of state. 38 § 16. Subparagraph 4 of paragraph (d) of section 1310 of the business 39 corporation law is amended to read as follows: 40 (4) The changed post office address, within or without this state, to 41 which [the secretary of state] a person shall mail a copy of any process 42 against it served upon [him] the secretary of state. 43 § 17. Section 1311 of the business corporation law, as amended by 44 chapter 375 of the laws of 1998, is amended to read as follows: 45 § 1311. Termination of existence. 46 When an authorized foreign corporation is dissolved or its authority 47 or existence is otherwise terminated or cancelled in the jurisdiction of 48 its incorporation or when such foreign corporation is merged into or 49 consolidated with another foreign corporation, a certificate of the 50 secretary of state, or official performing the equivalent function as to 51 corporate records, of the jurisdiction of incorporation of such foreign 52 corporation attesting to the occurrence of any such event or a certified 53 copy of an order or decree of a court of such jurisdiction directing the 54 dissolution of such foreign corporation, the termination of its exist- 55 ence or the cancellation of its authority shall be delivered to the 56 department of state. The filing of the certificate, order or decreeS. 7508--A 41 A. 9508--A 1 shall have the same effect as the filing of a certificate of surrender 2 of authority under section 1310 (Surrender of authority). The secretary 3 of state shall continue as agent of the foreign corporation upon whom 4 process against it may be served in the manner set forth in paragraph 5 (b) of section 306 (Service of process), in any action or special 6 proceeding based upon any liability or obligation incurred by the 7 foreign corporation within this state prior to the filing of such 8 certificate, order or decree and [he] the person serving such process 9 shall [promptly cause a copy of any such] send the process [to be10mailed] by [registered] certified mail, return receipt requested, to 11 such foreign corporation at the post office address on file in [his] the 12 office of the secretary of state specified for such purpose and shall 13 provide the secretary of state with proof of such mailing in the manner 14 set forth in paragraph (b) of section 306 (Service of process). The 15 post office address may be changed by signing and delivering to the 16 department of state a certificate of change setting forth the statements 17 required under section 1309-A (Certificate of change; contents) to 18 effect a change in the post office address under subparagraph seven of 19 paragraph (a) [(4)] of section 1308 (Amendments or changes). 20 § 18. Subparagraph 6 of paragraph (a) of section 1530 of the business 21 corporation law, as added by chapter 505 of the laws of 1983, is amended 22 to read as follows: 23 (6) A designation of the secretary of state as its agent upon whom 24 process against it may be served and the post office address, within or 25 without this state, to which [the secretary of state] a person shall 26 mail a copy of any process against it served upon [him] the secretary of 27 state. 28 § 19. Subdivision 10 of section 11 of the cooperative corporations 29 law, as added by chapter 97 of the laws of 1969, is amended to read as 30 follows: 31 10. A designation of the secretary of state as agent of the corpo- 32 ration upon whom process against it may be served and the post office 33 address, within or without this state, to which [the secretary of state] 34 a person shall mail a copy of any process against it served upon [him] 35 the secretary of state. 36 § 20. Subdivision 10 of section 96 of the executive law, as amended by 37 chapter 39 of the laws of 1987, is amended to read as follows: 38 10. For service of process on the secretary of state, acting as agent 39 for a third party pursuant to law, except as otherwise specifically 40 provided by law, forty dollars. No fee shall be collected for process 41 served on behalf of [a] any state official, department, board, agency, 42 authority, county, city, town or village or other political subdivision 43 of the state. The fees paid the secretary of state shall be a taxable 44 disbursement. 45 § 21. The opening paragraph of subdivision 2 and subdivision 3 of 46 section 18 of the general associations law, as amended by chapter 13 of 47 the laws of 1938, are amended and two new subdivisions 5 and 6 are added 48 to read as follows: 49 Every association doing business within this state shall file in the 50 department of state a certificate in its associate name, signed [and51acknowledged] by its president, or a vice-president, or secretary, or 52 treasurer, or managing director, or trustee, designating the secretary 53 of state as an agent upon whom process in any action or proceeding 54 against the association may be served within this state, and setting 55 forth an address to which [the secretary of state] a person shall mail a 56 copy of any process against the association which may be served uponS. 7508--A 42 A. 9508--A 1 [him] the secretary of state pursuant to law. Annexed to the certif- 2 icate of designation shall be a statement, executed in the same manner 3 as the certificate is required to be executed under this section, which 4 shall set forth: 5 3. Any association, from time to time, may change the address to 6 which [the secretary of state] a person is directed to mail copies of 7 process served on the secretary of state, by filing a statement to that 8 effect, executed[,] and signed [and acknowledged] in like manner as a 9 certificate of designation as herein provided. 10 5. Any designated post office address maintained by the secretary of 11 state as agent in any action or proceeding against the association for 12 the purpose of mailing process shall be the post office address, within 13 or without the state, to which a person shall mail process against such 14 association as required by this article. Such address shall continue 15 until the filing of a certificate under this chapter directing the mail- 16 ing to a different post office address. 17 6. "Process" means judicial process and all orders, demands, notices 18 or other papers required or permitted by law to be personally served on 19 an association, for the purpose of acquiring jurisdiction of such asso- 20 ciation in any action or proceeding, civil or criminal, whether judi- 21 cial, administrative, arbitrative or otherwise, in this state or in the 22 federal courts sitting in or for this state. 23 § 22. Section 19 of the general associations law, as amended by chap- 24 ter 166 of the laws of 1991, is amended to read as follows: 25 § 19. Service of process. 1. Service of process against an associ- 26 ation upon the secretary of state shall be made by mailing the process 27 and notice of service thereof by certified mail, return receipt 28 requested, to such corporation or other business entity, at the post 29 office address on file in the department of state specified for this 30 purpose. On the same day that such process is mailed, a duplicate copy 31 of such process and proof of mailing shall be personally [delivering] 32 delivered to and [leaving] left with [him] the secretary of state or a 33 deputy [secretary of state or an associate attorney, senior attorney or34attorney in the corporation division of the department of state, dupli-35cate copies of such process at the office of the department of state in36the city of Albany] so designated. At the time of such service the 37 plaintiff shall pay a fee of forty dollars to the secretary of state, 38 which shall be a taxable disbursement. [If the cost of registered mail39for transmitting a copy of the process shall exceed two dollars, an40additional fee equal to such excess shall be paid at the time of the41service of such process. The secretary of state shall forthwith send by42registered mail one of such copies to the association at the address43fixed for that purpose, as herein provided.] 44 2. Proof of mailing shall be by affidavit of compliance with this 45 section. Service of process on such association shall be complete when 46 the secretary of state is so served. If the action or proceeding is 47 instituted in a court of limited jurisdiction, service of process may be 48 made in the manner provided in this section if the cause of action arose 49 within the territorial jurisdiction of the court and the office of the 50 defendant, as set forth in its statement filed pursuant to section eigh- 51 teen of this [chapter] article, is within such territorial jurisdiction. 52 § 23. Subdivision 2 of section 352-b of the general business law, as 53 amended by chapter 252 of the laws of 1983, is amended to read as 54 follows: 55 2. Service of such process upon the secretary of state shall be made 56 by personally delivering to and leaving with [him or] the secretary ofS. 7508--A 43 A. 9508--A 1 state, a deputy secretary of state, or with a person authorized by the 2 secretary of state to receive such service, a copy thereof at the office 3 of the department of state in the city of Albany, and such service shall 4 be sufficient service provided that notice of such service and a copy of 5 such process are forthwith sent by the attorney general to such person, 6 partnership, corporation, company, trust or association, by registered 7 or certified mail with return receipt requested, at [his or its] the 8 office as set forth in the "broker-dealer's statement", "salesman's 9 statement" or "investment advisor's statement" filed in the department 10 of law pursuant to section three hundred fifty-nine-e or section three 11 hundred fifty-nine-eee of this article, or in default of the filing of 12 such statement, at the last address known to the attorney general. 13 Service of such process shall be complete on receipt by the attorney 14 general of a return receipt purporting to be signed by the addressee or 15 a person qualified to receive [his or its] registered or certified mail, 16 in accordance with the rules and customs of the post office department, 17 or, if acceptance was refused by the addressee or [his or its] their 18 agent, on return to the attorney general of the original envelope bear- 19 ing a notation by the postal authorities that receipt thereof was 20 refused. 21 § 24. Section 686 of the general business law, as added by chapter 730 22 of the laws of 1980, is amended to read as follows: 23 § 686. Designation of secretary of state as agent for service of proc- 24 ess; service of process. Any person who shall offer to sell or sell a 25 franchise in this state as a franchisor, subfranchisor or franchise 26 sales agent shall be deemed to have irrevocably appointed the secretary 27 of state as his or [its] her agent upon whom may be served any summons, 28 complaint, subpoena, subpoena duces tecum, notice, order or other proc- 29 ess directed to such person, or any partner, principal, officer, sales- 30 man or director thereof, or his or [its] her successor, administrator or 31 executor, in any action, investigation, or proceeding which arises under 32 this article or a rule hereunder, with the same force and validity as if 33 served personally on such person. Service of such process upon the 34 secretary of state shall be made by personally delivering to and leaving 35 with [him or] the secretary of state, a deputy secretary of state, or 36 with any person authorized by the secretary of state to receive such 37 service, a copy thereof at the office of the department of state, and 38 such service shall be sufficient provided that notice of such service 39 and a copy of such process are sent forthwith by the department to such 40 person, by registered or certified mail with return receipt requested, 41 at [his] the address [as] set forth in the application for registration 42 of his or her offering prospectus or in the registered offering prospec- 43 tus itself filed with the department of law pursuant to this article, or 44 in default of the filing of such application or prospectus, at the last 45 address known to the department. Service of such process shall be 46 complete upon receipt by the department of a return receipt purporting 47 to be signed by the addressee or a person qualified to receive [his or48its] registered or certified mail, in accordance with the rules and 49 customs of the post office department, or, if acceptance was refused or 50 unclaimed by the addressee or his or [its] her agent, or if the address- 51 ee moved without leaving a forwarding address, upon return to the 52 department of the original envelope bearing a notation by the postal 53 authorities that receipt thereof was refused or that such mail was 54 otherwise undeliverable.S. 7508--A 44 A. 9508--A 1 § 25. Paragraph 4 of subdivision (e) of section 203 of the limited 2 liability company law, as added by chapter 470 of the laws of 1997, is 3 amended to read as follows: 4 (4) a designation of the secretary of state as agent of the limited 5 liability company upon whom process against it may be served and the 6 post office address, within or without this state, to which [the secre-7tary of state] a person shall mail a copy of any process against the 8 limited liability company served upon [him or her] the secretary of 9 state; 10 § 26. Paragraph 4 of subdivision (a) of section 206 of the limited 11 liability company law, as amended by chapter 44 of the laws of 2006, is 12 amended to read as follows: 13 (4) a statement that the secretary of state has been designated as 14 agent of the limited liability company upon whom process against it may 15 be served and the post office address, within or without this state, to 16 which [the secretary of state] a person shall mail a copy of any process 17 against it served upon [him or her] the secretary of state; 18 § 27. Paragraph 6 of subdivision (d) of section 211 of the limited 19 liability company law is amended to read as follows: 20 (6) a change in the post office address to which [the secretary of21state] a person shall mail a copy of any process against the limited 22 liability company served upon [him or her] the secretary of state if 23 such change is made other than pursuant to section three hundred one of 24 this chapter; 25 § 28. Section 211-A of the limited liability company law, as added by 26 chapter 448 of the laws of 1998, is amended to read as follows: 27 § 211-A. Certificate of change. (a) A limited liability company may 28 amend its articles of organization from time to time to (i) specify or 29 change the location of the limited liability company's office; (ii) 30 specify or change the post office address to which [the secretary of31state] a person shall mail a copy of any process against the limited 32 liability company served upon [him] the secretary of state; and (iii) 33 make, revoke or change the designation of a registered agent, or specify 34 or change the address of the registered agent. Any one or more such 35 changes may be accomplished by filing a certificate of change which 36 shall be entitled "Certificate of Change of ....... (name of limited 37 liability company) under section 211-A of the Limited Liability Company 38 Law" and shall be signed and delivered to the department of state. It 39 shall set forth: 40 (1) the name of the limited liability company, and if it has been 41 changed, the name under which it was formed; 42 (2) the date the articles of organization were filed by the department 43 of state; and 44 (3) each change effected thereby. 45 (b) A certificate of change which changes only the post office address 46 to which [the secretary of state] a person shall mail a copy of any 47 process against a limited liability company served upon [him or] the 48 secretary of state and/or the address of the registered agent, provided 49 such address being changed is the address of a person, partnership, 50 limited liability company or corporation whose address, as agent, is the 51 address to be changed or who has been designated as registered agent for 52 such limited liability company may be signed and delivered to the 53 department of state by such agent. The certificate of change shall set 54 forth the statements required under subdivision (a) of this section; 55 that a notice of the proposed change was mailed to the domestic limited 56 liability company by the party signing the certificate not less thanS. 7508--A 45 A. 9508--A 1 thirty days prior to the date of delivery to the department of state and 2 that such domestic limited liability company has not objected thereto; 3 and that the party signing the certificate is the agent of such limited 4 liability company to whose address [the secretary of state] a person is 5 required to mail copies of process served on the secretary of state or 6 the registered agent, if such be the case. A certificate signed and 7 delivered under this subdivision shall not be deemed to effect a change 8 of location of the office of the limited liability company in whose 9 behalf such certificate is filed. 10 § 29. Paragraph 2 of subdivision (b) of section 213 of the limited 11 liability company law is amended to read as follows: 12 (2) to change the post office address to which [the secretary of13state] a person shall mail a copy of any process against the limited 14 liability company served upon [him or her] the secretary of state; and 15 § 30. Subdivisions (c) and (e) of section 301 of the limited liability 16 company law, subdivision (e) as amended by section 5 of part S of chap- 17 ter 59 of the laws of 2015, are amended to read as follows: 18 (c) Any designated post office address maintained by the secretary of 19 state as agent of a domestic limited liability company or foreign limit- 20 ed liability company for the purpose of mailing process shall be the 21 post office address, within or without the state, to which a person 22 shall mail process against such limited liability company as required by 23 this article. Any designated post office address to which [the secretary24of state] a person shall mail a copy of process served upon [him or her] 25 the secretary of state as agent of a domestic limited liability company 26 or a foreign limited liability company shall continue until the filing 27 of a certificate under this chapter directing the mailing to a different 28 post office address. 29 [(e)] (d) (1) Except as otherwise provided in this subdivision, every 30 limited liability company to which this chapter applies, shall biennial- 31 ly in the calendar month during which its articles of organization or 32 application for authority were filed, or effective date thereof if stat- 33 ed, file on forms prescribed by the secretary of state, a statement 34 setting forth the post office address within or without this state to 35 which [the secretary of state] a person shall mail a copy of any process 36 accepted against it served upon [him or her] the secretary of state. 37 Such address shall supersede any previous address on file with the 38 department of state for this purpose. 39 (2) The commissioner of taxation and finance and the secretary of 40 state may agree to allow limited liability companies to include the 41 statement specified in paragraph one of this subdivision on tax reports 42 filed with the department of taxation and finance in lieu of biennial 43 statements and in a manner prescribed by the commissioner of taxation 44 and finance. If this agreement is made, starting with taxable years 45 beginning on or after January first, two thousand sixteen, each limited 46 liability company required to file the statement specified in paragraph 47 one of this subdivision that is subject to the filing fee imposed by 48 paragraph three of subsection (c) of section six hundred fifty-eight of 49 the tax law shall provide such statement annually on its filing fee 50 payment form filed with the department of taxation and finance in lieu 51 of filing a statement under this section with the department of state. 52 However, each limited liability company required to file a statement 53 under this section must continue to file the biennial statement required 54 by this section with the department of state until the limited liability 55 company in fact has filed a filing fee payment form with the department 56 of taxation and finance that includes all required information. AfterS. 7508--A 46 A. 9508--A 1 that time, the limited liability company shall continue to provide annu- 2 ally the statement specified in paragraph one of this subdivision on its 3 filing fee payment form in lieu of the biennial statement required by 4 this subdivision. 5 (3) If the agreement described in paragraph two of this subdivision is 6 made, the department of taxation and finance shall deliver to the 7 department of state the statement specified in paragraph one of this 8 subdivision contained on filing fee payment forms. The department of 9 taxation and finance must, to the extent feasible, also include the 10 current name of the limited liability company, department of state iden- 11 tification number for such limited liability company, the name, signa- 12 ture and capacity of the signer of the statement, name and street 13 address of the filer of the statement, and the email address, if any, of 14 the filer of the statement. 15 § 31. Paragraphs 2 and 3 of subdivision (a), subparagraph (ii) of 16 paragraph 2 and subparagraph (ii) of paragraph 3 of subdivision (e) of 17 section 301-A of the limited liability company law, as added by chapter 18 448 of the laws of 1998, are amended to read as follows: 19 (2) that the address of the party has been designated by the limited 20 liability company as the post office address to which [the secretary of21state] a person shall mail a copy of any process served on the secretary 22 of state as agent for such limited liability company, such address and 23 that such party wishes to resign. 24 (3) that at least sixty days prior to the filing of the certificate 25 of resignation for receipt of process with the department of state the 26 party has sent a copy of the certificate of resignation for receipt of 27 process by registered or certified mail to the address of the registered 28 agent of the designated limited liability company, if other than the 29 party filing the certificate of resignation[,] for receipt of process, 30 or if the [resigning] designating limited liability company has no 31 registered agent, then to the last address of the designated limited 32 liability company known to the party, specifying the address to which 33 the copy was sent. If there is no registered agent and no known address 34 of the designating limited liability company, the party shall attach an 35 affidavit to the certificate stating that a diligent but unsuccessful 36 search was made by the party to locate the limited liability company, 37 specifying what efforts were made. 38 (ii) sent by or on behalf of the plaintiff to such limited liability 39 company by registered or certified mail with return receipt requested to 40 the last address of such limited liability company known to the plain- 41 tiff. 42 (ii) Where service of a copy of process was effected by mailing in 43 accordance with this section, proof of service shall be by affidavit of 44 compliance with this section filed, together with the process, within 45 thirty days after receipt of the return receipt signed by the limited 46 liability company or other official proof of delivery or of the original 47 envelope mailed. If a copy of the process is mailed in accordance with 48 this section, there shall be filed with the affidavit of compliance 49 either the return receipt signed by such limited liability company or 50 other official proof of delivery, if acceptance was refused by it, the 51 original envelope with a notation by the postal authorities that accept- 52 ance was refused. If acceptance was refused a copy of the notice and 53 process together with notice of the mailing by registered or certified 54 mail and refusal to accept shall be promptly sent to such limited 55 liability company at the same address by ordinary mail and the affidavit 56 of compliance shall so state. Service of process shall be complete tenS. 7508--A 47 A. 9508--A 1 days after such papers are filed with the clerk of the court. The 2 refusal to accept delivery of the registered or certified mail or to 3 sign the return receipt shall not affect the validity of the service and 4 such limited liability company refusing to accept such registered or 5 certified mail shall be charged with knowledge of the contents thereof. 6 § 32. Subdivision (a) of section 303 of the limited liability company 7 law, as relettered by chapter 341 of the laws of 1999, is amended to 8 read as follows: 9 (a) Service of process on the secretary of state as agent of a domes- 10 tic limited liability company [or], authorized foreign limited liability 11 company, or other business entity that has designated the secretary of 12 state as agent for service of process pursuant to article ten of this 13 chapter, shall be made by mailing the process and notice of service 14 thereof by certified mail, return receipt requested, to such limited 15 liability company or other business entity, at the post office address 16 on file in the department of state specified for this purpose. On the 17 same day as such process is mailed, a duplicate copy of such process and 18 proof of mailing shall be [made by] personally [delivering] delivered to 19 and [leaving] left with the secretary of state or his or her deputy, or 20 with any person authorized by the secretary of state to receive such 21 service, at the office of the department of state in the city of Albany, 22 [duplicate copies of such process] together with the statutory fee, 23 which fee shall be a taxable disbursement. Proof of mailing shall be by 24 affidavit of compliance with this section. Service of process on such 25 limited liability company or other business entity shall be complete 26 when the secretary of state is so served. [The secretary of state shall27promptly send one of such copies by certified mail, return receipt28requested, to such limited liability company at the post office address29on file in the department of state specified for that purpose.] 30 § 33. Section 305 of the limited liability company law is amended to 31 read as follows: 32 § 305. Records of process served on the secretary of state. The 33 [secretary of state] department of state shall keep a record of each 34 process served upon the secretary of state under this chapter, including 35 the date of such service [and the action of the secretary of state with36reference thereto]. It shall, upon request made within ten years of such 37 service, issue a certificate under its seal certifying as to the receipt 38 of the process by an authorized person, the date and place of such 39 service and the receipt of the statutory fee. Process served upon the 40 secretary of state under this chapter shall be destroyed by the depart- 41 ment of state after a period of ten years from such service. 42 § 34. Paragraph 4 of subdivision (a) of section 802 of the limited 43 liability company law, as amended by chapter 470 of the laws of 1997, is 44 amended to read as follows: 45 (4) a designation of the secretary of state as its agent upon whom 46 process against it may be served and the post office address, within or 47 without this state, to which [the secretary of state] a person shall 48 mail a copy of any process against it served upon [him or her] the 49 secretary of state; 50 § 35. Section 804-A of the limited liability company law, as added by 51 chapter 448 of the laws of 1998, is amended to read as follows: 52 § 804-A. Certificate of change. (a) A foreign limited liability compa- 53 ny may amend its application for authority from time to time to (i) 54 specify or change the location of the limited liability company's 55 office; (ii) specify or change the post office address to which [the56secretary of state] a person shall mail a copy of any process againstS. 7508--A 48 A. 9508--A 1 the limited liability company served upon [him] the secretary of state; 2 and (iii) to make, revoke or change the designation of a registered 3 agent, or to specify or change the address of a registered agent. Any 4 one or more such changes may be accomplished by filing a certificate of 5 change which shall be entitled "Certificate of Change of ........ (name 6 of limited liability company) under section 804-A of the Limited Liabil- 7 ity Company Law" and shall be signed and delivered to the department of 8 state. It shall set forth: 9 (1) the name of the foreign limited liability company and, if applica- 10 ble, the fictitious name the limited liability company has agreed to use 11 in this state pursuant to section eight hundred two of this article; 12 (2) the date its application for authority was filed by the department 13 of state; and 14 (3) each change effected thereby[,]. 15 (b) A certificate of change which changes only the post office address 16 to which [the secretary of state] a person shall mail a copy of any 17 process against a foreign limited liability company served upon [him or] 18 the secretary of state and/or the address of the registered agent, 19 provided such address being changed is the address of a person, partner- 20 ship [or], corporation or other limited liability company whose address, 21 as agent, is the address to be changed or who has been designated as 22 registered agent for such limited liability company may be signed and 23 delivered to the department of state by such agent. The certificate of 24 change shall set forth the statements required under subdivision (a) of 25 this section; that a notice of the proposed change was mailed to the 26 foreign limited liability company by the party signing the certificate 27 not less than thirty days prior to the date of delivery to the depart- 28 ment of state and that such foreign limited liability company has not 29 objected thereto; and that the party signing the certificate is the 30 agent of such foreign limited liability company to whose address [the31secretary of state] a person is required to mail copies of process 32 served on the secretary of state or the registered agent, if such be the 33 case. A certificate signed and delivered under this subdivision shall 34 not be deemed to effect a change of location of the office of the 35 foreign limited liability company in whose behalf such certificate is 36 filed. 37 § 36. Paragraph 6 of subdivision (b) of section 806 of the limited 38 liability company law is amended to read as follows: 39 (6) a post office address, within or without this state, to which [the40secretary of state] a person shall mail a copy of any process against it 41 served upon [him or her] the secretary of state. 42 § 37. Paragraph 11 of subdivision (a) of section 1003 of the limited 43 liability company law, as amended by chapter 374 of the laws of 1998, is 44 amended to read as follows: 45 (11) a designation of the secretary of state as its agent upon whom 46 process against it may be served in the manner set forth in article 47 three of this chapter in any action or special proceeding, and a post 48 office address, within or without this state, to which [the secretary of49state] a person shall mail a copy of any process served upon [him or50her] the secretary of state. Such post office address shall supersede 51 any prior address designated as the address to which process shall be 52 mailed; 53 § 38. Clause (iv) of subparagraph (A) of paragraph 2 of subdivision 54 (c) of section 1203 of the limited liability company law, as amended by 55 chapter 44 of the laws of 2006, is amended to read as follows:S. 7508--A 49 A. 9508--A 1 (iv) a statement that the secretary of state has been designated as 2 agent of the professional service limited liability company upon whom 3 process against it may be served and the post office address, within or 4 without this state, to which [the secretary of state] a person shall 5 mail a copy of any process against it served upon [him or her] the 6 secretary of state; 7 § 39. Paragraph 6 of subdivision (a) and subparagraph 5 of paragraph 8 (i) of subdivision (d) of section 1306 of the limited liability company 9 law, subparagraph 5 of paragraph (i) of subdivision (d) as amended by 10 chapter 44 of the laws of 2006, are amended to read as follows: 11 (6) a designation of the secretary of state as its agent upon whom 12 process against it may be served and the post office address, within or 13 without this state, to which [the secretary of state] a person shall 14 mail a copy of any process against it served upon [him or her] the 15 secretary of state; and 16 (5) a statement that the secretary of state has been designated as 17 agent of the foreign professional service limited liability company upon 18 whom process against it may be served and the post office address, with- 19 in or without this state, to which [the secretary of state] a person 20 shall mail a copy of any process against it served upon [him or her] the 21 secretary of state; 22 § 40. Paragraph (d) of section 304 of the not-for-profit corporation 23 law, as amended by chapter 358 of the laws of 2015, is amended to read 24 as follows: 25 (d) Any designated post office address maintained by the secretary of 26 state as agent of a domestic not-for-profit corporation or foreign not- 27 for-profit corporation for the purpose of mailing process shall be the 28 post office address, within or without the state, to which a person 29 shall mail process against such corporation as required by this article. 30 Any designated [post-office] post office address to which the secretary 31 of state or a person shall mail a copy of process served upon [him or32her] the secretary of state as agent of a domestic corporation formed 33 under article four of this chapter or foreign corporation, shall contin- 34 ue until the filing of a certificate under this chapter directing the 35 mailing to a different [post-office] post office address. 36 § 41. Paragraph (a) of section 305 of the not-for-profit corporation 37 law, as amended by chapter 549 of the laws of 2013, is amended to read 38 as follows: 39 (a) Every domestic corporation or authorized foreign corporation may 40 designate a registered agent in this state upon whom process against 41 such corporation may be served. The agent shall be a natural person who 42 is a resident of or has a business address in this state or a domestic 43 corporation or foreign corporation of any kind formed[,] or authorized 44 to do business in this state[,] under this chapter or under any other 45 statute of this state, or a domestic limited liability company or a 46 foreign limited liability company authorized to do business in this 47 state. 48 § 42. Paragraph (b) of section 306 of the not-for-profit corporation 49 law, as amended by chapter 23 of the laws of 2014, is amended to read as 50 follows: 51 (b) Service of process on the secretary of state as agent of a domes- 52 tic corporation formed under article four of this chapter or an author- 53 ized foreign corporation shall be made by mailing the process and notice 54 of service thereof by certified mail, return receipt requested, to such 55 corporation or other business entity, at the post office address on file 56 in the department of state specified for this purpose. On the same dayS. 7508--A 50 A. 9508--A 1 that such process is mailed, a duplicate copy of such process and proof 2 of mailing shall be personally [delivering] delivered to and [leaving] 3 left with the secretary of state or his or her deputy, or with any 4 person authorized by the secretary of state to receive such service, at 5 the office of the department of state in the city of Albany, [duplicate6copies of such process] together with the statutory fee, which fee shall 7 be a taxable disbursement. Proof of mailing shall be by affidavit of 8 compliance with this section. Service of process on such corporation or 9 other business entity shall be complete when the secretary of state is 10 so served. [The secretary of state shall promptly send one of such11copies by certified mail, return receipt requested, to such corporation,12at the post office address, on file in the department of state, speci-13fied for the purpose.] If a domestic corporation formed under article 14 four of this chapter or an authorized foreign corporation has no such 15 address on file in the department of state, the [secretary of state16shall so mail such] duplicate copy of the process shall be mailed to 17 such corporation at the address of its office within this state on file 18 in the department. 19 § 43. Subparagraph 6 of paragraph (a) of section 402 of the not-for- 20 profit corporation law, as added by chapter 564 of the laws of 1981 and 21 as renumbered by chapter 132 of the laws of 1985, is amended to read as 22 follows: 23 (6) A designation of the secretary of state as agent of the corpo- 24 ration upon whom process against it may be served and the post office 25 address, within or without this state, to which [the secretary of state] 26 a person shall mail a copy of any process against it served upon [him] 27 the secretary of state. 28 § 44. Subparagraph 7 of paragraph (b) of section 801 of the not-for- 29 profit corporation law, as amended by chapter 438 of the laws of 1984, 30 is amended to read as follows: 31 (7) To specify or change the post office address to which [the secre-32tary of state] a person shall mail a copy of any process against the 33 corporation served upon [him] the secretary of state. 34 § 45. Subparagraph 2 of paragraph (c) of section 802 of the not-for- 35 profit corporation law, as amended by chapter 186 of the laws of 1983, 36 is amended to read as follows: 37 (2) To specify or change the post office address to which [the secre-38tary of state] a person shall mail a copy of any process against the 39 corporation served upon [him] the secretary of state. 40 § 46. Subparagraph 6 of paragraph (a) of section 803 of the not-for- 41 profit corporation law, as amended by chapter 23 of the laws of 2014, is 42 amended to read as follows: 43 (6) A designation of the secretary of state as agent of the corpo- 44 ration upon whom process against it may be served and the post office 45 address, within or without this state, to which [the secretary of46state] a person shall mail a copy of any process against it served upon 47 the secretary of state. 48 § 47. Paragraph (b) of section 803-A of the not-for-profit corporation 49 law, as amended by chapter 172 of the laws of 1999, is amended to read 50 as follows: 51 (b) A certificate of change which changes only the post office address 52 to which [the secretary of state] a person shall mail a copy of any 53 process against the corporation served upon [him or] the secretary of 54 state and/or the address of the registered agent, provided such address 55 being changed is the address of a person, partnership, limited liability 56 company or other corporation whose address, as agent, is the address toS. 7508--A 51 A. 9508--A 1 be changed or who has been designated as registered agent for such 2 corporation, may be signed and delivered to the department of state by 3 such agent. The certificate of change shall set forth the statements 4 required under subparagraphs (1), (2) and (3) of paragraph (a) of this 5 section; that a notice of the proposed change was mailed to the corpo- 6 ration by the party signing the certificate not less than thirty days 7 prior to the date of delivery to the department and that such corpo- 8 ration has not objected thereto; and that the party signing the certif- 9 icate is the agent of such corporation to whose address [the secretary10of state] a person is required to mail copies of any process against the 11 corporation served upon [him] the secretary of state or the registered 12 agent, if such be the case. A certificate signed and delivered under 13 this paragraph shall not be deemed to effect a change of location of the 14 office of the corporation in whose behalf such certificate is filed. 15 § 48. Clause (E) of subparagraph 2 of paragraph (d) of section 906 of 16 the not-for-profit corporation law, as amended by chapter 1058 of the 17 laws of 1971, is amended to read as follows: 18 (E) A designation of the secretary of state as its agent upon whom 19 process against it may be served in the manner set forth in paragraph 20 (b) of section 306 (Service of process), in any action or special 21 proceeding described in [subparagraph] clause (D) of this subparagraph 22 and a post office address, within or without this state, to which [the23secretary of state] a person shall mail a copy of the process in such 24 action or special proceeding served upon the secretary of state. 25 § 49. Clause (F) of subparagraph 2 of paragraph (d) of section 908 of 26 the not-for-profit corporation law is amended to read as follows: 27 (F) A designation of the secretary of state as [his] its agent upon 28 whom process against it may be served in the manner set forth in para- 29 graph (b) of section 306 (Service of process), in any action or special 30 proceeding described in [subparagraph] clause (D) of this subparagraph 31 and a post office address, within or without the state, to which [the32secretary of state] a person shall mail a copy of the process in such 33 action or special proceeding served upon by the secretary of state. 34 § 50. Subparagraph 6 of paragraph (a) of section 1304 of the not-for- 35 profit corporation law, as renumbered by chapter 590 of the laws of 36 1982, is amended to read as follows: 37 (6) A designation of the secretary of state as its agent upon whom 38 process against it may be served and the post office address, within or 39 without this state, to which [the secretary of state] a person shall 40 mail a copy of any process against it served upon [him] the secretary of 41 state. 42 § 51. Subparagraph 7 of paragraph (a) of section 1308 of the not-for- 43 profit corporation law, as renumbered by chapter 186 of the laws of 44 1983, is amended to read as follows: 45 (7) To specify or change the post office address to which [the secre-46tary of state] a person shall mail a copy of any process against it 47 served upon [him] the secretary of state. 48 § 52. Subparagraph 2 of paragraph (a) and paragraph (c) of section 49 1310 of the not-for-profit corporation law, paragraph (c) as amended by 50 chapter 172 of the laws of 1999, are amended to read as follows: 51 (2) To specify or change the post office address to which [the secre-52tary of state] a person shall mail a copy of any process against it 53 served upon [him] the secretary of state. 54 (c) A certificate of change of application for authority which changes 55 only the post office address to which [the secretary of state] a person 56 shall mail a copy of any process against an authorized foreign corpo-S. 7508--A 52 A. 9508--A 1 ration served upon [him or] the secretary of state and/or which changes 2 the address of its registered agent, provided such address is the 3 address of a person, partnership, limited liability company or other 4 corporation whose address, as agent, is the address to be changed or who 5 has been designated as registered agent for such authorized foreign 6 corporation, may be signed and delivered to the department of state by 7 such agent. The certificate of change of application for authority shall 8 set forth the statements required under subparagraphs (1), (2), (3) and 9 (4) of paragraph (b) of this section; that a notice of the proposed 10 change was mailed by the party signing the certificate to the authorized 11 foreign corporation not less than thirty days prior to the date of 12 delivery to the department and that such corporation has not objected 13 thereto; and that the party signing the certificate is the agent of such 14 foreign corporation to whose address [the secretary of state] a person 15 is required to mail copies of process served on the secretary of state 16 or the registered agent, if such be the case. A certificate signed and 17 delivered under this paragraph shall not be deemed to effect a change of 18 location of the office of the corporation in whose behalf such certif- 19 icate is filed. 20 § 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of paragraph 21 (d) of section 1311 of the not-for-profit corporation law are amended to 22 read as follows: 23 (6) A post office address, within or without this state, to which [the24secretary of state] a person shall mail a copy of any process against it 25 served upon [him] the secretary of state. 26 (4) The changed post office address, within or without this state, to 27 which [the secretary of state] a person shall mail a copy of any process 28 against it served upon [him] the secretary of state. 29 § 54. Section 1312 of the not-for-profit corporation law, as amended 30 by chapter 375 of the laws of 1998, is amended to read as follows: 31 § 1312. Termination of existence. 32 When an authorized foreign corporation is dissolved or its authority 33 or existence is otherwise terminated or cancelled in the jurisdiction of 34 its incorporation or when such foreign corporation is merged into or 35 consolidated with another foreign corporation, a certificate of the 36 secretary of state, or official performing the equivalent function as to 37 corporate records, of the jurisdiction of incorporation of such foreign 38 corporation attesting to the occurrence of any such event or a certified 39 copy of an order or decree of a court of such jurisdiction directing the 40 dissolution of such foreign corporation, the termination of its exist- 41 ence or the cancellation of its authority shall be delivered to the 42 department of state. The filing of the certificate, order or decree 43 shall have the same effect as the filing of a certificate of surrender 44 of authority under section 1311 (Surrender of authority). The secretary 45 of state shall continue as agent of the foreign corporation upon whom 46 process against it may be served in the manner set forth in paragraph 47 (b) of section 306 (Service of process), in any action or special 48 proceeding based upon any liability or obligation incurred by the 49 foreign corporation within this state prior to the filing of such 50 certificate, order or decree and [he] the person serving such process 51 shall promptly cause a copy of any such process to be mailed by [regis-52tered] certified mail, return receipt requested, to such foreign corpo- 53 ration at the post office address on file [in his office] with the 54 department specified for such purpose. The post office address may be 55 changed by signing and delivering to the department of state a certif- 56 icate of change setting forth the statements required under section 1310S. 7508--A 53 A. 9508--A 1 (Certificate of change, contents) to effect a change in the post office 2 address under subparagraph [(a) (4)] (7) of paragraph (a) of section 3 1308 (Amendments or changes). 4 § 55. Subdivision (c) of section 121-104 of the partnership law, as 5 added by chapter 950 of the laws of 1990, is amended to read as follows: 6 (c) Any designated post office address maintained by the secretary of 7 state as agent of a domestic limited partnership or foreign limited 8 partnership for the purpose of mailing process shall be the post office 9 address, within or without the state, to which a person shall mail proc- 10 ess against such limited partnership as required by this article. Any 11 designated post office address to which the secretary of state or a 12 person shall mail a copy of process served upon [him] the secretary of 13 state as agent of a domestic limited partnership or foreign limited 14 partnership shall continue until the filing of a certificate under this 15 article directing the mailing to a different post office address. 16 § 56. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of 17 the partnership law, as added by chapter 448 of the laws of 1998, are 18 amended to read as follows: 19 (1) the name of the limited partnership and the date that its [arti-20cles of organization] certificate of limited partnership or application 21 for authority was filed by the department of state. 22 (2) that the address of the party has been designated by the limited 23 partnership as the post office address to which [the secretary of state] 24 a person shall mail a copy of any process served on the secretary of 25 state as agent for such limited partnership, and that such party wishes 26 to resign. 27 (3) that at least sixty days prior to the filing of the certificate of 28 resignation for receipt of process with the department of state the 29 party has sent a copy of the certificate of resignation for receipt of 30 process by registered or certified mail to the address of the registered 31 agent of the [designated] designating limited partnership, if other than 32 the party filing the certificate of resignation[,] for receipt of proc- 33 ess, or if the [resigning] designating limited partnership has no regis- 34 tered agent, then to the last address of the [designated] designating 35 limited partnership, known to the party, specifying the address to which 36 the copy was sent. If there is no registered agent and no known address 37 of the designating limited partnership the party shall attach an affida- 38 vit to the certificate stating that a diligent but unsuccessful search 39 was made by the party to locate the limited partnership, specifying what 40 efforts were made. 41 § 57. Subdivision (a) of section 121-105 of the partnership law, as 42 added by chapter 950 of the laws of 1990, is amended to read as follows: 43 (a) In addition to the designation of the secretary of state, each 44 limited partnership or authorized foreign limited partnership may desig- 45 nate a registered agent upon whom process against the limited partner- 46 ship may be served. The agent must be (i) a natural person who is a 47 resident of this state or has a business address in this state, [or] 48 (ii) a domestic corporation or a foreign corporation authorized to do 49 business in this state, or (iii) a domestic limited liability company or 50 a foreign limited liability company authorized to do business in this 51 state. 52 § 58. Subdivisions (a) and (c) of section 121-109 of the partnership 53 law, as added by chapter 950 of the laws of 1990 and as relettered by 54 chapter 341 of the laws of 1999, are amended to read as follows: 55 (a) Service of process on the secretary of state as agent of a domes- 56 tic or authorized foreign limited partnership, or other business entityS. 7508--A 54 A. 9508--A 1 that has designated the secretary of state as agent for service of proc- 2 ess pursuant to this chapter, shall be made [as follows:3(1) By] by mailing the process and notice of service of process pursu- 4 ant to this section by certified mail, return receipt requested, to such 5 domestic or authorized foreign limited partnership or other business 6 entity, at the post office address on file in the department of state 7 specified for this purpose. On the same day as the process is mailed, a 8 duplicate copy of such process and proof of mailing shall be personally 9 [delivering] delivered to and [leaving] left with [him or his] the 10 secretary of state or a deputy, or with any person authorized by the 11 secretary of state to receive such service, at the office of the depart- 12 ment of state in the city of Albany, [duplicate copies of such process] 13 together with the statutory fee, which fee shall be a taxable disburse- 14 ment. Proof of mailing shall be by affidavit of compliance with this 15 section. Service of process on such limited partnership or other busi- 16 ness entity shall be complete when the secretary of state is so served. 17 [(2) The service on the limited partnership is complete when the18secretary of state is so served.19(3) The secretary of state shall promptly send one of such copies by20certified mail, return receipt requested, addressed to the limited part-21nership at the post office address, on file in the department of state,22specified for that purpose.] 23 (c) The [secretary of state] department of state shall keep a record 24 of all process served upon [him] it under this section and shall record 25 therein the date of such service [and his action with reference there-26to]. It shall, upon request made within ten years of such service, issue 27 a certificate under its seal certifying as to the receipt of the process 28 by an authorized person, the date and place of such service and the 29 receipt of the statutory fee. Process served upon the secretary of state 30 under this chapter shall be destroyed by the department after a period 31 of ten years from such service. 32 § 59. Paragraph 3 of subdivision (a) and subparagraph 4 of paragraph 33 (i) of subdivision (c) of section 121-201 of the partnership law, para- 34 graph 3 of subdivision (a) as amended by chapter 264 of the laws of 35 1991, and subparagraph 4 of paragraph (i) of subdivision (c) as amended 36 by chapter 44 of the laws of 2006, are amended to read as follows: 37 (3) a designation of the secretary of state as agent of the limited 38 partnership upon whom process against it may be served and the post 39 office address, within or without this state, to which [the secretary of40state] a person shall mail a copy of any process against it served upon 41 [him] the secretary of state; 42 (4) a statement that the secretary of state has been designated as 43 agent of the limited partnership upon whom process against it may be 44 served and the post office address, within or without this state, to 45 which [the secretary of state] a person shall mail a copy of any process 46 against it served upon [him or her] the secretary of state; 47 § 60. Paragraph 4 of subdivision (b) of section 121-202 of the part- 48 nership law, as amended by chapter 576 of the laws of 1994, is amended 49 to read as follows: 50 (4) a change in the name of the limited partnership, or a change in 51 the post office address to which [the secretary of state] a person shall 52 mail a copy of any process against the limited partnership served on 53 [him] the secretary of state, or a change in the name or address of the 54 registered agent, if such change is made other than pursuant to section 55 121-104 or 121-105 of this article.S. 7508--A 55 A. 9508--A 1 § 61. Section 121-202-A of the partnership law, as added by chapter 2 448 of the laws of 1998, paragraph 2 of subdivision (a) as amended by 3 chapter 172 of the laws of 1999, is amended to read as follows: 4 § 121-202-A. Certificate of change. (a) A certificate of limited part- 5 nership may be changed by filing with the department of state a certif- 6 icate of change entitled "Certificate of Change of ..... (name of limit- 7 ed partnership) under Section 121-202-A of the Revised Limited 8 Partnership Act" and shall be signed and delivered to the department of 9 state. A certificate of change may (i) specify or change the location of 10 the limited partnership's office; (ii) specify or change the post office 11 address to which [the secretary of state] a person shall mail a copy of 12 process against the limited partnership served upon [him] the secretary 13 of state; and (iii) make, revoke or change the designation of a regis- 14 tered agent, or to specify or change the address of its registered 15 agent. It shall set forth: 16 (1) the name of the limited partnership, and if it has been changed, 17 the name under which it was formed; 18 (2) the date its certificate of limited partnership was filed by the 19 department of state; and 20 (3) each change effected thereby. 21 (b) A certificate of change which changes only the post office address 22 to which [the secretary of state] a person shall mail a copy of any 23 process against a limited partnership served upon [him or] the secretary 24 of state and/or the address of the registered agent, provided such 25 address being changed is the address of a person, partnership, limited 26 liability corporation or corporation whose address, as agent, is the 27 address to be changed or who has been designated as registered agent for 28 such limited partnership shall be signed and delivered to the department 29 of state by such agent. The certificate of change shall set forth the 30 statements required under subdivision (a) of this section; that a notice 31 of the proposed change was mailed to the domestic limited partnership by 32 the party signing the certificate not less than thirty days prior to the 33 date of delivery to the department of state and that such domestic 34 limited partnership has not objected thereto; and that the party signing 35 the certificate is the agent of such limited partnership to whose 36 address [the secretary of state] a person is required to mail copies of 37 process served on the secretary of state or the registered agent, if 38 such be the case. A certificate signed and delivered under this subdivi- 39 sion shall not be deemed to effect a change of location of the office of 40 the limited partnership in whose behalf such certificate is filed. 41 § 62. Paragraph 4 of subdivision (a) and subparagraph 5 of paragraph 42 (i) of subdivision (d) of section 121-902 of the partnership law, para- 43 graph 4 of subdivision (a) as amended by chapter 172 of the laws of 1999 44 and subparagraph 5 of paragraph (i) of subdivision (d) as amended by 45 chapter 44 of the laws of 2006, are amended to read as follows: 46 (4) a designation of the secretary of state as its agent upon whom 47 process against it may be served and the post office address, within or 48 without this state, to which [the secretary of state] a person shall 49 mail a copy of any process against it served upon [him] the secretary of 50 state; 51 (5) a statement that the secretary of state has been designated as its 52 agent upon whom process against it may be served and the post office 53 address, within or without this state, to which [the secretary of state] 54 a person shall mail a copy of any process against it served upon [him or55her] the secretary of state;S. 7508--A 56 A. 9508--A 1 § 63. Section 121-903-A of the partnership law, as added by chapter 2 448 of the laws of 1998, is amended to read as follows: 3 § 121-903-A. Certificate of change. (a) A foreign limited partnership 4 may change its application for authority by filing with the department 5 of state a certificate of change entitled "Certificate of Change 6 of ........ (name of limited partnership) under Section 121-903-A of the 7 Revised Limited Partnership Act" and shall be signed and delivered to 8 the department of state. A certificate of change may (i) change the 9 location of the limited partnership's office; (ii) change the post 10 office address to which [the secretary of state] a person shall mail a 11 copy of process against the limited partnership served upon [him] the 12 secretary of state; and (iii) make, revoke or change the designation of 13 a registered agent, or to specify or change the address of its regis- 14 tered agent. It shall set forth: 15 (1) the name of the foreign limited partnership and, if applicable, 16 the fictitious name the foreign limited partnership has agreed to use in 17 this state pursuant to section 121-902 of this article; 18 (2) the date its application for authority was filed by the department 19 of state; and 20 (3) each change effected thereby. 21 (b) A certificate of change which changes only the post office address 22 to which [the secretary of state] a person shall mail a copy of any 23 process against a foreign limited partnership served upon [him or] the 24 secretary of state and/or the address of the registered agent, provided 25 such address being changed is the address of a person, partnership, 26 limited liability company or corporation whose address, as agent, is the 27 address to be changed or who has been designated as registered agent for 28 such foreign limited partnership shall be signed and delivered to the 29 department of state by such agent. The certificate of change shall set 30 forth the statements required under subdivision (a) of this section; 31 that a notice of the proposed change was mailed to the foreign limited 32 partnership by the party signing the certificate not less than thirty 33 days prior to the date of delivery to the department of state and that 34 such foreign limited partnership has not objected thereto; and that the 35 party signing the certificate is the agent of such foreign limited part- 36 nership to whose address [the secretary of state] a person is required 37 to mail copies of process served on the secretary of state or the regis- 38 tered agent, if such be the case. A certificate signed and delivered 39 under this subdivision shall not be deemed to effect a change of 40 location of the office of the limited partnership in whose behalf such 41 certificate is filed. 42 § 64. Paragraph 6 of subdivision (b) of section 121-905 of the part- 43 nership law, as added by chapter 950 of the laws of 1990, is amended to 44 read as follows: 45 (6) a post office address, within or without this state, to which [the46secretary of state] a person shall mail a copy of any process against it 47 served upon [him] the secretary of state. 48 § 65. Paragraph 7 of subdivision (a) of section 121-1103 of the part- 49 nership law, as added by chapter 950 of the laws of 1990, is amended to 50 read as follows: 51 (7) A designation of the secretary of state as its agent upon whom 52 process against it may be served in the manner set forth in section 53 121-109 of this article in any action or special proceeding, and a post 54 office address, within or without this state, to which [the secretary of55state] a person shall mail a copy of any process served upon [him] theS. 7508--A 57 A. 9508--A 1 secretary of state. Such post office address shall supersede any prior 2 address designated as the address to which process shall be mailed. 3 § 66. Subparagraphs 2 and 4 of paragraph (I) and clause 4 of subpara- 4 graph (A) of paragraph (II) of subdivision (a) of section 121-1500 of 5 the partnership law, subparagraph 2 of paragraph (I) as added by chapter 6 576 of the laws of 1994, subparagraph 4 of paragraph (I) as amended by 7 chapter 643 of the laws of 1995 and such paragraph as redesignated by 8 chapter 767 of the laws of 2005 and clause 4 of subparagraph (A) of 9 paragraph (II) as amended by chapter 44 of the laws of 2006, are amended 10 to read as follows: 11 (2) the address, within this state, of the principal office of the 12 partnership without limited partners; 13 (4) a designation of the secretary of state as agent of the partner- 14 ship without limited partners upon whom process against it may be served 15 and the post office address, within or without this state, to which the 16 [secretary of state] a person shall mail a copy of any process against 17 it or served [upon it] on the secretary of state; 18 (4) a statement that the secretary of state has been designated as 19 agent of the registered limited liability partnership upon whom process 20 against it may be served and the post office address, within or without 21 this state, to which [the secretary of state] a person shall mail a copy 22 of any process against it served upon [him or her] the secretary of 23 state; 24 § 67. Paragraphs (ii) and (iii) of subdivision (g) of section 121-1500 25 of the partnership law, as amended by section 8 of part S of chapter 59 26 of the laws of 2015, are amended to read as follows: 27 (ii) the address, within this state, of the principal office of the 28 registered limited liability partnership, (iii) the post office address, 29 within or without this state, to which [the secretary of state] a person 30 shall mail a copy of any process accepted against it served upon [him or31her] the secretary of state, which address shall supersede any previous 32 address on file with the department of state for this purpose, and 33 § 68. Subdivision (j-1) of section 121-1500 of the partnership law, as 34 added by chapter 448 of the laws of 1998, is amended to read as follows: 35 (j-1) A certificate of change which changes only the post office 36 address to which [the secretary of state] a person shall mail a copy of 37 any process against a registered limited liability partnership served 38 upon [him] the secretary of state and/or the address of the registered 39 agent, provided such address being changed is the address of a person, 40 partnership, limited liability company or corporation whose address, as 41 agent, is the address to be changed or who has been designated as regis- 42 tered agent for such registered limited liability partnership shall be 43 signed and delivered to the department of state by such agent. The 44 certificate of change shall set forth: (i) the name of the registered 45 limited liability partnership and, if it has been changed, the name 46 under which it was originally filed with the department of state; (ii) 47 the date of filing of its initial registration or notice statement; 48 (iii) each change effected thereby; (iv) that a notice of the proposed 49 change was mailed to the limited liability partnership by the party 50 signing the certificate not less than thirty days prior to the date of 51 delivery to the department of state and that such limited liability 52 partnership has not objected thereto; and (v) that the party signing the 53 certificate is the agent of such limited liability partnership to whose 54 address [the secretary of state] a person is required to mail copies of 55 process served on the secretary of state or the registered agent, if 56 such be the case. A certificate signed and delivered under this subdivi-S. 7508--A 58 A. 9508--A 1 sion shall not be deemed to effect a change of location of the office of 2 the limited liability partnership in whose behalf such certificate is 3 filed. The certificate of change shall be accompanied by a fee of five 4 dollars. 5 § 69. Subdivision (a) of section 121-1502 of the partnership law, as 6 amended by chapter 643 of the laws of 1995, paragraph (v) as amended by 7 chapter 470 of the laws of 1997, is amended to read as follows: 8 (a) In order for a foreign limited liability partnership to carry on 9 or conduct or transact business or activities as a New York registered 10 foreign limited liability partnership in this state, such foreign limit- 11 ed liability partnership shall file with the department of state a 12 notice which shall set forth: (i) the name under which the foreign 13 limited liability partnership intends to carry on or conduct or transact 14 business or activities in this state; (ii) the date on which and the 15 jurisdiction in which it registered as a limited liability partnership; 16 (iii) the address, within this state, of the principal office of the 17 foreign limited liability partnership; (iv) the profession or 18 professions to be practiced by such foreign limited liability partner- 19 ship and a statement that it is a foreign limited liability partnership 20 eligible to file a notice under this chapter; (v) a designation of the 21 secretary of state as agent of the foreign limited liability partnership 22 upon whom process against it may be served and the post office address 23 within or without this state, to which [the secretary of state] a person 24 shall mail a copy of any process against it [or] served upon [it] the 25 secretary of state; (vi) if the foreign limited liability partnership is 26 to have a registered agent, its name and address in this state and a 27 statement that the registered agent is to be the agent of the foreign 28 limited liability partnership upon whom process against it may be 29 served; (vii) a statement that its registration as a limited liability 30 partnership is effective in the jurisdiction in which it registered as a 31 limited liability partnership at the time of the filing of such notice; 32 (viii) a statement that the foreign limited liability partnership is 33 filing a notice in order to obtain status as a New York registered 34 foreign limited liability partnership; (ix) if the registration of the 35 foreign limited liability partnership is to be effective on a date later 36 than the time of filing, the date, not to exceed sixty days from the 37 date of filing, of such proposed effectiveness; and (x) any other 38 matters the foreign limited liability partnership determines to include 39 in the notice. Such notice shall be accompanied by either (1) a copy of 40 the last registration or renewal registration (or similar filing), if 41 any, filed by the foreign limited liability partnership with the juris- 42 diction where it registered as a limited liability partnership or (2) a 43 certificate, issued by the jurisdiction where it registered as a limited 44 liability partnership, substantially to the effect that such foreign 45 limited liability partnership has filed a registration as a limited 46 liability partnership which is effective on the date of the certificate 47 (if such registration, renewal registration or certificate is in a 48 foreign language, a translation thereof under oath of the translator 49 shall be attached thereto). Such notice shall also be accompanied by a 50 fee of two hundred fifty dollars. 51 § 70. Subparagraphs (ii) and (iii) of paragraph (I) of subdivision (f) 52 of section 121-1502 of the partnership law, as amended by section 9 of 53 part S of chapter 59 of the laws of 2015, are amended to read as 54 follows: 55 (ii) the address, within this state, of the principal office of the 56 New York registered foreign limited liability partnership, (iii) theS. 7508--A 59 A. 9508--A 1 post office address, within or without this state, to which [the secre-2tary of state] a person shall mail a copy of any process accepted 3 against it served upon [him or her] the secretary of state, which 4 address shall supersede any previous address on file with the department 5 of state for this purpose, and 6 § 71. Clause 5 of subparagraph (A) of paragraph (II) of subdivision 7 (f) of section 121-1502 of the partnership law, as amended by chapter 44 8 of the laws of 2006, is amended to read as follows: 9 (5) a statement that the secretary of state has been designated as 10 agent of the foreign limited liability partnership upon whom process 11 against it may be served and the post office address, within or without 12 this state, to which [the secretary of state] a person shall mail a copy 13 of any process against it served upon [him or her] the secretary of 14 state; 15 § 72. Subdivision (i-1) of section 121-1502 of the partnership law, as 16 added by chapter 448 of the laws of 1998, is amended to read as follows: 17 (i-1) A certificate of change which changes only the post office 18 address to which [the secretary of state] a person shall mail a copy of 19 any process against a New York registered foreign limited liability 20 partnership served upon [him] the secretary of state and/or the address 21 of the registered agent, provided such address being changed is the 22 address of a person, partnership, limited liability company or corpo- 23 ration whose address, as agent, is the address to be changed or who has 24 been designated as registered agent of such registered foreign limited 25 liability partnership shall be signed and delivered to the department of 26 state by such agent. The certificate of change shall set forth: (i) the 27 name of the New York registered foreign limited liability partnership; 28 (ii) the date of filing of its initial registration or notice statement; 29 (iii) each change effected thereby; (iv) that a notice of the proposed 30 change was mailed to the limited liability partnership by the party 31 signing the certificate not less than thirty days prior to the date of 32 delivery to the department of state and that such limited liability 33 partnership has not objected thereto; and (v) that the party signing the 34 certificate is the agent of such limited liability partnership to whose 35 address [the secretary of state] a person is required to mail copies of 36 process served on the secretary of state or the registered agent, if 37 such be the case. A certificate signed and delivered under this subdivi- 38 sion shall not be deemed to effect a change of location of the office of 39 the limited liability partnership in whose behalf such certificate is 40 filed. The certificate of change shall be accompanied by a fee of five 41 dollars. 42 § 73. Subdivision (a) of section 121-1505 of the partnership law, as 43 added by chapter 470 of the laws of 1997, is amended and two new subdi- 44 visions (d) and (e) are added to read as follows: 45 (a) Service of process on the secretary of state as agent of a regis- 46 tered limited liability partnership or New York registered foreign 47 limited liability partnership under this article shall be made by mail- 48 ing the process and notice of service thereof by certified mail, return 49 receipt requested, to such registered limited liability partnership or 50 New York registered foreign limited liability partnership, at the post 51 office address on file in the department of state specified for such 52 purpose. On the same date that such process is mailed, a duplicate copy 53 of such process and proof of mailing together with the statutory fee, 54 which fee shall be a taxable disbursement, shall be personally [deliver-55ing] delivered to and [leaving] left with the secretary of state or a 56 deputy, or with any person authorized by the secretary of state toS. 7508--A 60 A. 9508--A 1 receive such service, at the office of the department of state in the 2 city of Albany, [duplicate copies of such process] together with the 3 statutory fee, which fee shall be a taxable disbursement. Proof of mail- 4 ing shall be by affidavit of compliance with this section. Service of 5 process on such registered limited liability partnership or New York 6 registered foreign limited liability partnership shall be complete when 7 the secretary of state is so served. [The secretary of state shall8promptly send one of such copies by certified mail, return receipt9requested, to such registered limited liability partnership, at the post10office address on file in the department of state specified for such11purpose.] 12 (d) The department of state shall keep a record of each process served 13 upon the secretary of state under this chapter, including the date of 14 such service. It shall, upon request made within ten years of such 15 service, issue a certificate under its seal certifying as to the receipt 16 of the process by an authorized person, the date and place of such 17 service and the receipt of the statutory fee. Process served upon the 18 secretary of state under this chapter shall be destroyed by the depart- 19 ment of state after a period of ten years from such service. 20 (e) Any designated post office address maintained by the secretary of 21 state as agent of a registered limited liability partnership or New York 22 registered foreign limited liability partnership for the purpose of 23 mailing process shall be the post office address, within or without the 24 state, to which a person shall mail process against such limited liabil- 25 ity company as required by this article. Such address shall continue 26 until the filing of a certificate under this chapter directing the mail- 27 ing to a different post office address. 28 § 74. Subdivision (b) of section 121-1506 of the partnership law, as 29 added by chapter 448 of the laws of 1998, paragraph 4 as amended by 30 chapter 172 of the laws of 1999, is amended to read as follows: 31 (b) The party (or the party's legal representative) whose post office 32 address has been supplied by a limited liability partnership as its 33 address for process may resign. A certificate entitled "Certificate of 34 Resignation for Receipt of Process under Section 121-1506(b) of the 35 Partnership Law" shall be signed by such party and delivered to the 36 department of state. It shall set forth: 37 (1) The name of the limited liability partnership and the date that 38 its certificate of registration was filed by the department of state. 39 (2) That the address of the party has been designated by the limited 40 liability partnership as the post office address to which [the secretary41of state] a person shall mail a copy of any process served on the secre- 42 tary of state as agent for such limited liability partnership and that 43 such party wishes to resign. 44 (3) That at least sixty days prior to the filing of the certificate of 45 resignation for receipt of process with the department of state the 46 party has sent a copy of the certificate of resignation for receipt of 47 process by registered or certified mail to the address of the registered 48 agent of the [designated] designating limited liability partnership, if 49 other than the party filing the certificate of resignation, for receipt 50 of process, or if the [resigning] designating limited liability partner- 51 ship has no registered agent, then to the last address of the [desig-52nated] designating limited liability partnership, known to the party, 53 specifying the address to which the copy was sent. If there is no regis- 54 tered agent and no known address of the designating limited liability 55 partnership the party shall attach an affidavit to the certificate stat- 56 ing that a diligent but unsuccessful search was made by the party toS. 7508--A 61 A. 9508--A 1 locate the limited liability partnership, specifying what efforts were 2 made. 3 (4) That the [designated] designating limited liability partnership is 4 required to deliver to the department of state a certificate of amend- 5 ment providing for the designation by the limited liability partnership 6 of a new address and that upon its failure to file such certificate, its 7 authority to do business in this state shall be suspended. 8 § 75. Paragraph 16 of subdivision 1 of section 103 of the private 9 housing finance law, as added by chapter 22 of the laws of 1970, is 10 amended to read as follows: 11 (16) A designation of the secretary of state as agent of the corpo- 12 ration upon whom process against it may be served and the post office 13 address, within or without this state, to which [the secretary of state] 14 a person shall mail a copy of any process against it served upon [him] 15 the secretary of state. 16 § 76. Subdivision 15 of section 20.03 of the arts and cultural affairs 17 law, as added by chapter 656 of the laws of 1991, is amended to read as 18 follows: 19 15. "Non-institutional portion" shall mean the part or portion of a 20 combined-use facility other than the institutional portion. If the non- 21 institutional portion, or any part thereof, consists of a condominium, 22 the consent of the trust which has developed or approved the developer 23 of such condominium shall be required prior to any amendment of the 24 declaration of such condominium pursuant to subdivision [nine] eight of 25 section three hundred thirty-nine-n of the real property law and prior 26 to any amendment of the by-laws of such condominium pursuant to para- 27 graph (j) of subdivision one of section three hundred thirty-nine-v of 28 the real property law, and whether or not such trust is a unit owner of 29 such condominium, it may exercise the rights of the board of managers 30 and an aggrieved unit owner under section three hundred thirty-nine-j of 31 the real property law in the case of a failure of any unit owner of such 32 condominium to comply with the by-laws of such condominium and with the 33 rules, regulations, and decisions adopted pursuant thereto. 34 § 77. Subdivision 7 of section 339-n of the real property law is 35 REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8. 36 § 78. Subdivision 2 of section 339-s of the real property law, as 37 added by chapter 346 of the laws of 1997, is amended to read as follows: 38 2. [Each such declaration, and any amendment or amendments thereof39shall be filed with the department of state] (a) The board of managers 40 for each condominium subject to this article shall file with the secre- 41 tary of state a certificate, in writing, signed, designating the secre- 42 tary of state as agent of the board of managers upon whom process 43 against it may be served and the post office address to which a person 44 shall mail a copy of such process. The certificate shall be accompanied 45 by a fee of sixty dollars. 46 (b) Any board of managers may change the address to which a person 47 shall mail a copy of process served upon the secretary of state, by 48 filing a signed certificate of amendment with the department of state. 49 Such certificate shall be accompanied by a fee of sixty dollars. 50 (c) Service of process on the secretary of state as agent of a board 51 of managers shall be made by mailing the process and notice of service 52 of process pursuant to this section by certified mail, return receipt 53 requested, to such board of managers, at the post office address on file 54 in the department of state specified for this purpose. On the same day 55 that such process is mailed, a duplicate copy of such process and proof 56 of mailing shall be personally delivered to and left with the secretaryS. 7508--A 62 A. 9508--A 1 of state or a deputy, or with any person authorized by the secretary of 2 state to receive such service, at the office of the department of state 3 in the city of Albany, a duplicate copy of such process with proof of 4 mailing together with the statutory fee, which shall be a taxable 5 disbursement. Proof of mailing shall be by affidavit of compliance with 6 this section. Service of process on a board of managers shall be 7 complete when the secretary of state is so served. 8 (d) As used in this article, "process" shall mean judicial process and 9 all orders, demands, notices or other papers required or permitted by 10 law to be personally served on a board of managers, for the purpose of 11 acquiring jurisdiction of such board of managers in any action or 12 proceeding, civil or criminal, whether judicial, administrative, arbi- 13 trative or otherwise, in this state or in the federal courts sitting in 14 or for this state. 15 (e) Nothing in this section shall affect the right to serve process in 16 any other manner permitted by law. 17 (f) The department of state shall keep a record of each process served 18 under this section, including the date of service. It shall, upon 19 request, made within ten years of such service, issue a certificate 20 under its seal certifying as to the receipt of process by an authorized 21 person, the date and place of such service and the receipt of the statu- 22 tory fee. Process served on the secretary of state under this section 23 shall be destroyed by the department of state after a period of ten 24 years from such service. 25 (g) Any designated post office address maintained by the secretary of 26 state as agent of the board of managers for the purpose of mailing proc- 27 ess shall be the post office address, within or without the state, to 28 which a person shall mail process against such board as required by this 29 article. Such address shall continue until the filing of a certificate 30 under this chapter directing the mailing to a different post office 31 address. 32 § 79. Subdivisions 3 and 4 of section 442-g of the real property law, 33 as amended by chapter 482 of the laws of 1963, are amended to read as 34 follows: 35 3. Service of such process upon the secretary of state shall be made 36 by personally delivering to and leaving with [him or his] the secretary 37 of state or a deputy, or with any person authorized by the secretary of 38 state to receive such service, at the office of the department of state 39 in the city of Albany, [duplicate copies] a copy of such process and 40 proof of mailing together with a fee of five dollars if the action is 41 solely for the recovery of a sum of money not in excess of two hundred 42 dollars and the process is so endorsed, and a fee of ten dollars in any 43 other action or proceeding, which fee shall be a taxable disbursement. 44 If such process is served upon behalf of a county, city, town or 45 village, or other political subdivision of the state, the fee to be paid 46 to the secretary of state shall be five dollars, irrespective of the 47 amount involved or the nature of the action on account of which such 48 service of process is made. [If the cost of registered mail for trans-49mitting a copy of the process shall exceed two dollars, an additional50fee equal to such excess shall be paid at the time of the service of51such process.] Proof of mailing shall be by affidavit of compliance with 52 this section. Proof of service shall be by affidavit of compliance with 53 this subdivision filed by or on behalf of the plaintiff together with 54 the process, within ten days after such service, with the clerk of the 55 court in which the action or special proceeding is pending. Service 56 made as provided in this section shall be complete ten days after suchS. 7508--A 63 A. 9508--A 1 papers are filed with the clerk of the court and shall have the same 2 force and validity as if served on him personally within the state and 3 within the territorial jurisdiction of the court from which the process 4 issues. 5 4. The [secretary of state] person serving such process shall [prompt-6ly] send [one of] such [copies] process by [registered] certified mail, 7 return receipt requested, to the nonresident broker or nonresident 8 salesman at the post office address of his main office as set forth in 9 the last application filed by him. 10 § 80. Subdivision 2 of section 203 of the tax law, as amended by chap- 11 ter 100 of the laws of 1964, is amended to read as follows: 12 2. Every foreign corporation (other than a moneyed corporation) 13 subject to the provisions of this article, except a corporation having a 14 certificate of authority [under section two hundred twelve of the gener-15al corporation law] or having authority to do business by virtue of 16 section thirteen hundred five of the business corporation law, shall 17 file in the department of state a certificate of designation in its 18 corporate name, signed and acknowledged by its president or a vice-pre- 19 sident or its secretary or treasurer, under its corporate seal, desig- 20 nating the secretary of state as its agent upon whom process in any 21 action provided for by this article may be served within this state, and 22 setting forth an address to which [the secretary of state] a person 23 shall mail a copy of any such process against the corporation which may 24 be served upon [him] the secretary of state. In case any such corpo- 25 ration shall have failed to file such certificate of designation, it 26 shall be deemed to have designated the secretary of state as its agent 27 upon whom such process against it may be served; and until a certificate 28 of designation shall have been filed the corporation shall be deemed to 29 have directed [the secretary of state] a person serving process to mail 30 copies of process served upon [him] the secretary of state to the corpo- 31 ration at its last known office address within or without the state. 32 When a certificate of designation has been filed by such corporation 33 [the secretary of state] a person serving process shall mail copies of 34 process thereafter served upon [him] the secretary of state to the 35 address set forth in such certificate. Any such corporation, from time 36 to time, may change the address to which [the secretary of state] a 37 person is directed to mail copies of process, by filing a certificate to 38 that effect executed, signed and acknowledged in like manner as a 39 certificate of designation as herein provided. Service of process upon 40 any such corporation or upon any corporation having a certificate of 41 authority [under section two hundred twelve of the general corporation42law] or having authority to do business by virtue of section thirteen 43 hundred five of the business corporation law, in any action commenced at 44 any time pursuant to the provisions of this article, may be made by 45 either (1) personally delivering to and leaving with the secretary of 46 state, a deputy secretary of state or with any person authorized by the 47 secretary of state to receive such service [duplicate copies] a copy 48 thereof at the office of the department of state in the city of Albany, 49 in which event [the secretary of state] a person serving such process 50 shall forthwith send by [registered] certified mail, return receipt 51 requested, [one of such copies] a duplicate copy to the corporation at 52 the address designated by it or at its last known office address within 53 or without the state, or (2) personally delivering to and leaving with 54 the secretary of state, a deputy secretary of state or with any person 55 authorized by the secretary of state to receive such service, a copy 56 thereof at the office of the department of state in the city of AlbanyS. 7508--A 64 A. 9508--A 1 and by delivering a copy thereof to, and leaving such copy with, the 2 president, vice-president, secretary, assistant secretary, treasurer, 3 assistant treasurer, or cashier of such corporation, or the officer 4 performing corresponding functions under another name, or a director or 5 managing agent of such corporation, personally without the state. Proof 6 of such personal service without the state shall be filed with the clerk 7 of the court in which the action is pending within thirty days after 8 such service, and such service shall be complete ten days after proof 9 thereof is filed. 10 § 81. Section 216 of the tax law, as added by chapter 415 of the laws 11 of 1944, the opening paragraph as amended by chapter 100 of the laws of 12 1964 and redesignated by chapter 613 of the laws of 1976, is amended to 13 read as follows: 14 § 216. Collection of taxes. Every foreign corporation (other than a 15 moneyed corporation) subject to the provisions of this article, except a 16 corporation having a certificate of authority [under section two hundred17twelve of the general corporation law] or having authority to do busi- 18 ness by virtue of section thirteen hundred five of the business corpo- 19 ration law, shall file in the department of state a certificate of 20 designation in its corporate name, signed and acknowledged by its presi- 21 dent or a vice-president or its secretary or treasurer, under its corpo- 22 rate seal, designating the secretary of state as its agent upon whom 23 process in any action provided for by this article may be served within 24 this state, and setting forth an address to which [the secretary of25state] a person shall mail a copy of any such process against the corpo- 26 ration which may be served upon [him] the secretary of state. In case 27 any such corporation shall have failed to file such certificate of 28 designation, it shall be deemed to have designated the secretary of 29 state as its agent upon whom such process against it may be served; and 30 until a certificate of designation shall have been filed the corporation 31 shall be deemed to have directed [the secretary of state] a person to 32 mail [copies] a copy of process served upon [him] the secretary of state 33 to the corporation at its last known office address within or without 34 the state. When a certificate of designation has been filed by such 35 corporation [the secretary of state] a person serving such process shall 36 mail [copies] a copy of process thereafter served upon [him] a person 37 serving such process to the address set forth in such certificate. Any 38 such corporation, from time to time, may change the address to which 39 [the secretary of state] a person is directed to mail copies of process, 40 by filing a certificate to that effect executed, signed and acknowledged 41 in like manner as a certificate of designation as herein provided. 42 Service of process upon any such corporation or upon any corporation 43 having a certificate of authority [under section two hundred twelve of44the general corporation law] or having authority to do business by 45 virtue of section thirteen hundred five of the business corporation law, 46 in any action commenced at any time pursuant to the provisions of this 47 article, may be made by either (1) personally delivering to and leaving 48 with the secretary of state, a deputy secretary of state or with any 49 person authorized by the secretary of state to receive such service 50 [duplicate copies] a copy thereof at the office of the department of 51 state in the city of Albany, in which event [the secretary of state] a 52 person serving such process shall forthwith send by [registered] certi- 53 fied mail, return receipt requested, [one of such copies] a duplicate 54 copy to the corporation at the address designated by it or at its last 55 known office address within or without the state, or (2) personally 56 delivering to and leaving with the secretary of state, a deputy secre-S. 7508--A 65 A. 9508--A 1 tary of state or with any person authorized by the secretary of state to 2 receive such service, a copy thereof at the office of the department of 3 state in the city of Albany and by delivering a copy thereof to, and 4 leaving such copy with, the president, vice-president, secretary, 5 assistant secretary, treasurer, assistant treasurer, or cashier of such 6 corporation, or the officer performing corresponding functions under 7 another name, or a director or managing agent of such corporation, 8 personally without the state. Proof of such personal service without 9 the state shall be filed with the clerk of the court in which the action 10 is pending within thirty days after such service, and such service shall 11 be complete ten days after proof thereof is filed. 12 § 82. Subdivisions (a) and (b) of section 310 of the tax law, as added 13 by chapter 400 of the laws of 1983, are amended to read as follows: 14 (a) Designation for service of process.--Every petroleum business 15 which is a corporation, except such a petroleum business having a 16 certificate of authority [under section two hundred twelve of the gener-17al corporation law] or having authority to do business by virtue of 18 section thirteen hundred five of the business corporation law, shall 19 file in the department of state a certificate of designation in its 20 corporate name, signed and acknowledged by its president or vice-presi- 21 dent or its secretary or treasurer, under its corporate seal, designat- 22 ing the secretary of state as its agent upon whom process in any action 23 provided for by this article may be served within this state, and 24 setting forth an address to which [the secretary of state] a person 25 shall mail a copy of any such process against such petroleum business 26 which may be served upon [him] the secretary of state. In case any such 27 petroleum business shall have failed to file such certificate of desig- 28 nation, it shall be deemed to have designated the secretary of state as 29 its agent upon whom such process against it may be served; and until a 30 certificate of designation shall have been filed such a petroleum busi- 31 ness shall be deemed to have directed [the secretary of state] a person 32 to mail copies of process served upon [him] the secretary of state to 33 such petroleum business at its last known office address within or with- 34 out the state. When a certificate of designation has been filed by such 35 a petroleum business [the secretary of state] a person serving process 36 shall mail copies of process thereafter served upon [him] the secretary 37 of state to the address set forth in such certificate. Any such petrole- 38 um business, from time to time, may change the address to which [the39secretary of state] a person is directed to mail copies of process, by 40 filing a certificate to that effect executed, signed and acknowledged in 41 like manner as a certificate of designation as herein provided. 42 (b) Service of process.--Service of process upon any petroleum busi- 43 ness which is a corporation (including any such petroleum business 44 having a certificate of authority [under section two hundred twelve of45the general corporation law] or having authority to do business by 46 virtue of section thirteen hundred five of the business corporation 47 law), in any action commenced at any time pursuant to the provisions of 48 this article, may be made by either (1) personally delivering to and 49 leaving with the secretary of state, a deputy secretary of state or with 50 any person authorized by the secretary of state to receive such service 51 [duplicate copies] a copy thereof at the office of the department of 52 state in the city of Albany, in which event [the secretary of state] a 53 person serving process shall forthwith send by [registered] certified 54 mail, return receipt requested, [one of such copies] a duplicate copy to 55 such petroleum business at the address designated by it or at its last 56 known office address within or without the state, or (2) personallyS. 7508--A 66 A. 9508--A 1 delivering to and leaving with the secretary of state, a deputy secre- 2 tary of state or with any person authorized by the secretary of state to 3 receive such service, a copy thereof at the office of the department of 4 state in the city of Albany and by delivering a copy thereof to, and 5 leaving such copy with, the president, vice-president, secretary, 6 assistant secretary, treasurer, assistant treasurer, or cashier of such 7 petroleum business, or the officer performing corresponding functions 8 under another name, or a director or managing agent of such petroleum 9 business, personally without the state. Proof of such personal service 10 without the state shall be filed with the clerk of the court in which 11 the action is pending within thirty days after such service, and such 12 service shall be complete ten days after proof thereof is filed. 13 § 83. This act shall take effect on the one hundred twentieth day 14 after it shall have become a law. 15 PART R 16 Section 1. Section 2 of chapter 21 of the laws of 2003, amending the 17 executive law relating to permitting the secretary of state to provide 18 special handling for all documents filed or issued by the division of 19 corporations and to permit additional levels of such expedited service, 20 as amended by section 1 of part R of chapter 58 of the laws of 2019, is 21 amended to read as follows: 22 § 2. This act shall take effect immediately, provided however, that 23 section one of this act shall be deemed to have been in full force and 24 effect on and after April 1, 2003 and shall expire March 31, [2020] 25 2021. 26 § 2. This act shall take effect immediately and shall be deemed to 27 have been in full force and effect on and after March 31, 2020. 28 PART S 29 Section 1. The general business law is amended by adding a new section 30 390-d to read as follows: 31 § 390-d. Gender pricing discrimination. 1. Definitions. For the 32 purposes of this section, the following terms shall have the following 33 meanings: 34 (a) "Consumer products" shall mean any goods used, bought or rendered 35 primarily for personal, family or household purposes; 36 (b) "Consumer services" shall mean any services used, bought or 37 rendered primarily for personal, family or household purposes; 38 (c) "Substantially similar" shall mean (i) two consumer products that 39 exhibit no substantial differences in the materials used in production, 40 the intended use of the product, and the functional design and features 41 of the product, or (ii) two consumer services that exhibit no substan- 42 tial difference in the amount of time to provide the services, the 43 difficulty in providing the services, or the cost of providing the 44 services. A difference in coloring among any consumer product shall not 45 be construed as a substantial difference for the purposes of this para- 46 graph. 47 2. No person, firm, partnership, company, corporation, or other busi- 48 ness entity shall sell or offer for sale any two consumer products from 49 the same manufacturer or distributor that are substantially similar, if 50 such products are priced differently based on the gender of the persons 51 for whom the products are marketed and intended.S. 7508--A 67 A. 9508--A 1 3. No person, firm, partnership, company, corporation or other busi- 2 ness entity shall sell or offer for sale any consumer services that are 3 substantially similar if such services are priced differently based upon 4 the gender of the individuals for whom the services are performed, 5 offered, or marketed. 6 4. Nothing in this section prohibits price differences in consumer 7 products or consumer services based specifically upon the amount of 8 time, difficulty or cost incurred in manufacturing such product or 9 offering such service. 10 5. (a) The following business establishments shall clearly and 11 conspicuously disclose to the customer in writing the pricing for each 12 standard service provided: 13 (i) tailors or businesses providing aftermarket clothing alterations; 14 (ii) barbers or hair salons; 15 (iii) dry cleaners and laundries providing services to individuals; 16 and 17 (iv) such other business establishments as may be identified and added 18 to this list by regulation. 19 (b) The price list shall be posted in an area conspicuous to custom- 20 ers. Posted price lists shall be in no less than fourteen-point bold- 21 face type and clearly and completely display pricing for every standard 22 service offered by the business. 23 (c) The business establishment shall provide the customer with a 24 complete written price list upon request. 25 (d) The business establishment shall display in a conspicuous place at 26 least one clearly visible sign, printed in no less than twenty-four 27 point boldface type, which reads: "NEW YORK LAW PROHIBITS ANY BUSINESS 28 ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE CHARGED FOR 29 SERVICES OF SIMILAR OR LIKE KIND, AGAINST A PERSON BECAUSE OF THE 30 PERSON'S GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST." 31 (e) For the purposes of this subdivision, "standard service" means the 32 fifteen most frequently requested services provided by the business. 33 6. (a) The attorney general may issue a notice directing the cessation 34 of any conduct by a person, firm, partnership, company, corporation, or 35 other business entity which the attorney general has reason to believe 36 has violated this section. If any person, firm, partnership, company, 37 corporation, or other business entity fails to submit evidence demon- 38 strating differences in the amount of time, difficulty or cost incurred 39 in manufacturing such product or offering such service within five busi- 40 ness days after service of such notice, or if the attorney general 41 determines that such evidence fails to demonstrate legally excusable 42 differences provided for in subdivision four of this section, the attor- 43 ney general may bring an action in the name and on behalf of the people 44 of the state of New York to enjoin such acts and to obtain restitution 45 of any moneys or property obtained directly or indirectly by any such 46 unlawful acts. In such action preliminary relief may be granted under 47 article sixty-three of the civil practice law and rules. In any such 48 proceeding, the court shall impose a civil penalty in an amount not to 49 exceed twenty-five thousand dollars. 50 (b) Before any violation of this section is sought to be enjoined, the 51 attorney general shall be required to give the person against whom such 52 proceeding is contemplated notice by certified mail and an opportunity 53 to show in writing within five business days after receipt of notice why 54 proceedings should not be instituted against him, unless the attorney 55 general shall find, in any case in which he seeks preliminary relief, 56 that to give such notice and opportunity is not in the public interest.S. 7508--A 68 A. 9508--A 1 (c) In addition to the right of action granted to the attorney general 2 pursuant to this section, any person who has been injured by reason of 3 any violation of this section may bring an action in such person's own 4 name to enjoin such unlawful act or practice, an action to recover actu- 5 al damages or fifty dollars, whichever is greater, or both such actions. 6 The court may, in its discretion, increase the award of damages to an 7 amount not to exceed three times the actual damages up to one thousand 8 dollars, if the court finds the defendant willfully or knowingly 9 violated this section. The court may award reasonable attorneys' fees to 10 a prevailing plaintiff. 11 (d) The attorney general shall have power at all times, either 12 personally or by his or her deputies, to subpoena witnesses, to compel 13 their attendance, to administer an oath, to examine any person under 14 oath and to require the production of any relevant books or papers. Such 15 examination may be conducted on any subject relating to the duties 16 imposed upon, or the powers vested in, the attorney general under the 17 provisions of this section. Any person, firm, partnership, company, 18 corporation, or other business entity which fails to obey the command of 19 a subpoena without reasonable excuse or refuses, without reasonable 20 cause, to be sworn or to be examined or to answer a question or to 21 produce a book or paper when ordered so to do by the officer duly 22 conducting such inquiry, or fails to perform any act required hereunder 23 to be performed, shall be guilty of a misdemeanor and shall also be 24 subject to the compulsions provided by the civil practice law and rules. 25 Any officer participating in such inquiry and any person examined as a 26 witness upon such inquiry who shall disclose to any person other than 27 the attorney general the name of any witness examined or any other 28 information obtained upon such inquiry, except as directed by the attor- 29 ney general, shall be guilty of a misdemeanor. 30 (e) Notwithstanding any law to the contrary, all monies recovered or 31 obtained under this article by a state agency or state official or 32 employee acting in their official capacity shall be subject to subdivi- 33 sion eleven of section four of the state finance law. 34 7. The attorney general may adopt and promulgate rules as may be 35 necessary in carrying out the provisions of this section. 36 § 2. Separability clause; construction. If any part or provision of 37 this act or the application thereof to any person or circumstances be 38 adjudged invalid by any court of competent jurisdiction, such judgment 39 shall be confined in its operation to the part, provision or application 40 directly involved in the controversy in which such judgment shall have 41 been rendered and shall not affect or impair the validity of the remain- 42 der of this act or the application thereof to other provisions or 43 circumstances. 44 § 3. This act shall take effect on the one hundred eightieth day after 45 it shall have become a law. Effective immediately, the addition, amend- 46 ment and/or repeal of any rule or regulation necessary for the implemen- 47 tation of this act on its effective date are authorized to be made and 48 completed on or before such effective date. 49 PART T 50 Section 1. The general business law is amended by adding a new article 51 40 to read as follows: 52 ARTICLE 40 53 TELEPHONE CALL ABUSE PREVENTION 54 Section 900. Short title.S. 7508--A 69 A. 9508--A 1 901. Definitions. 2 902. Telemarketing sales calls mandates, prohibitions, and Do 3 Not Call registry. 4 903. Telephone call authentication framework. 5 904. Telephone call blocking. 6 905. Use of automatic telephone dialing systems and placement of 7 consumer telephone calls. 8 906. Telemarketing and consumer fraud and abuse prevention act. 9 § 900. Short title. This article may be cited as the "telephone call 10 abuse prevention act". 11 § 901. Definitions. Unless otherwise indicated, as used in this arti- 12 cle, the following terms shall have the following meanings: 13 1. "Department" means the department of state. 14 2. "Secretary" means the secretary of state. 15 3. As used in sections 902, 905 and 906 of this article, "customer" 16 means any natural person who is or may be required to pay for or to 17 exchange consideration for goods and services offered through telemar- 18 keting. 19 4. "Doing business in this state" means conducting telephonic sales 20 calls: a. from a location in this state; or b. from a location outside 21 of this state to consumers residing in this state. 22 5. "Goods and services" means any goods and services, and such term 23 shall include any real property or any tangible personal property or 24 services of any kind. 25 6. "Negative option feature" means, in an offer or agreement to sell 26 or provide any goods or services, a provision under which the customer's 27 silence or failure to take an affirmative action to reject such goods or 28 services or to cancel the agreement is interpreted by the seller as 29 acceptance of the offer. 30 7. "Person" means any natural person, association, partnership, firm, 31 or corporation and its affiliates or subsidiaries, or other business 32 entity. 33 8. "Telemarketer" means any person who, for financial profit or 34 commercial purposes in connection with telemarketing, a. makes telemar- 35 keting sales calls or electronic messaging texts to a customer when the 36 customer is in this state, b. directly controls or supervises the 37 conduct of a telemarketer, or c. intentionally aids a telemarketer to 38 engage in telemarketing. For the purposes of this article, "commercial 39 purposes" shall mean the sale or offer for sale of goods or services. 40 9. "Telemarketing" means any plan, program or campaign that is 41 conducted to induce payment or the exchange of any other consideration 42 for any goods or services, that involves one or more telephone calls or 43 electronic messaging texts by a telemarketer in which the customer is 44 located within the state at the time of the call. Telemarketing also 45 includes the acceptance or collection of information obtained from tele- 46 phone calls or electronic messaging texts with the intent of providing 47 it to a third party who accepts or collects the information to engage in 48 telemarketing. Telemarketing does not include the solicitation of sales 49 through media other than by telephone calls or electronic messaging text 50 and does not include calls or electronic messaging texts intended to 51 implement or complete a transaction to which the customer has previously 52 consented. 53 10. "Telemarketing sales call" means a telephone call or electronic 54 messaging text, made directly or indirectly by a telemarketer or by any 55 outbound telephone calling technology that delivers a prerecorded 56 message to a customer or to a customer's voicemail or answering machineS. 7508--A 70 A. 9508--A 1 service, in which such telephone call or electronic messaging text is 2 for the purpose of inducing payment or the exchange of any other consid- 3 eration for any goods or services. 4 11. "Unsolicited telemarketing sales call" means any telemarketing 5 sales call other than a call made: 6 a. in response to an express written or verbal request by the custom- 7 er; or 8 b. in connection with an established business relationship, which has 9 not been terminated by either party, unless such customer has stated to 10 the telemarketer that such customer no longer wishes to receive the 11 telemarketing sales calls of such telemarketer. 12 12. "Caller identification information" means information provided by 13 a caller identification service regarding the telephone number and name 14 of the person calling. 15 13. "Caller identification service" means a service that allows a 16 telephone subscriber to have the telephone number, and, where available, 17 name of the calling party transmitted contemporaneously with the tele- 18 phone call, and that is displayed on a device in or connected to the 19 subscriber's telephone. 20 14. "Electronic messaging text" means real-time or near real-time 21 non-voice messages in text form over communications networks, and 22 includes the transmission of writing, signs, signals, pictures, and 23 sounds of all kinds by aid of wire, cable or other like connection 24 between the points of origin and reception of such transmission. 25 15. "Area code" means the first three digits of the ten-digit tele- 26 phone number. 27 16. "Entity specific 'do-not-call' list" means the list of telephone 28 numbers provided directly to the telemarketer by the owners of the tele- 29 phone numbers for the purpose of being removed from any future telemar- 30 keting calls. 31 17. "Automatic number identification" means any data message, protocol 32 or part thereof which communicates the telephone number to be displayed 33 on the caller identification of the telephone call recipient. Automatic 34 number identification includes a calling party number, initial address 35 message, and calling line identification. 36 18. "New York state automatic number identification" means any auto- 37 matic number identification with an area code designated by the North 38 American numbering plan to cover locations in New York state. 39 19. "North American numbering plan" has the meaning ascribed to it by 40 federal communications commission regulations, defined in 47 C.F.R. 41 section 52.5(d). 42 20. "Public switched telephone network" means all telephones, mobile 43 telephones and devices assigned phone numbers from the North American 44 numbering plan. 45 21. "Voice service" has the meaning ascribed to such term by the 46 federal Telephone Robocall Abuse Criminal Enforcement and Deterrence Act 47 (TRACED) (Public Law No.116-105), or any successive federal law that 48 amends such term. 49 22. "Voice service provider" means any person who provides voice 50 services to subscribers in the state utilizing any technology, regard- 51 less of whether such provider is regulated pursuant to the public 52 service law. 53 23. "Automatic telephone dialing system" means equipment, software, or 54 other technology used to make pre-recorded calls, except for equipment 55 that requires a human to dial or place each individual call one call at 56 a time and requires such human to then remain on each call.S. 7508--A 71 A. 9508--A 1 24. "Auto-dialed call" means any telephone call initiated by an auto- 2 matic telephone dialing system. 3 25. "SHAKEN" means signature-based handling of asserted information 4 using toKENs. 5 26. "STIR" means secure telephone identity revisited. 6 27. "STIR/SHAKEN authentication framework" means the digital certif- 7 icate scheme to verify and authenticate caller identification for calls 8 carried over an internet protocol (IP) network, based upon standards 9 developed by stakeholders of the information and communications technol- 10 ogy industry, as referenced in the notice of inquiry of the federal 11 communications commission, 32 FCC Rcd 5988. 12 28. "Pooling administrator" means the thousands-block pooling adminis- 13 trator as identified in 47 C.F.R. § 52.20. 14 29. "Consumer" means a natural person who is solicited to purchase, 15 lease or receive a good or service for personal, family or household 16 use. 17 30. "Consumer telephone call" means a call made to a telephone number 18 by a telephone solicitor, whether by device, live operator, or any 19 combination thereof, for the purpose of soliciting a sale of any consum- 20 er goods or services for personal, family or household purposes to the 21 consumer called, or for the purpose of soliciting an extension of credit 22 for consumer goods or services to the consumer called, or for the 23 purpose of obtaining information that will or may be used for the direct 24 solicitation of a sale of consumer goods or services to the consumer 25 called or an extension of credit for such purposes; provided, however, 26 that "consumer telephone call" shall not include a call made by a tele- 27 phone corporation, as defined by subdivision seventeen of section two of 28 the public service law, in response to a specific inquiry initiated by a 29 consumer regarding that consumer's existing or requested telephone 30 service. 31 31. "Telephone solicitor" means a person who makes or causes to be 32 made a consumer telephone call. 33 32. "Applicant" means a person seeking a certificate of registration 34 or to renew a certificate of registration under this section. 35 33. "Investment opportunity" means anything tangible or intangible, 36 that is offered for sale, sold, or traded based wholly or in part on 37 representations, either express or implied, about past, present, or 38 future income, profit, or appreciation. 39 34. "Premium" means anything offered or given, independent of chance, 40 to customers as an incentive to purchase or otherwise contract for goods 41 or services offered through telemarketing. 42 35. "Principal" means any person participating in or responsible for 43 the management of a telemarketer's business, whether or not the position 44 is compensated, including but not limited to an owner in the case of a 45 sole proprietorship, an officer, director or stockholder holding more 46 than ten percent of the outstanding stock in the case of a corporation, 47 a partner in the case of a partnership, and a manager or member in the 48 case of a limited liability company. 49 36. "Prize" means anything offered or purportedly offered and given or 50 purportedly given to a person by chance. For purposes of this defi- 51 nition, chance exists if a person is guaranteed to receive an item and, 52 at the time of the offer or purported offer, the telemarketer does not 53 identify the specific item that the person will receive. 54 37. "Prize promotion" means a sweepstakes or other game of chance or 55 an oral or written, express or implied representation that a person hasS. 7508--A 72 A. 9508--A 1 won, has been selected to receive or is eligible or may be eligible to 2 receive a prize or purported prize. 3 § 902. Telemarketing sales calls mandates, prohibitions, and Do Not 4 Call registry. 1. No telemarketer or seller shall engage in telemarket- 5 ing at any time other than between 8:00 A.M. and 9:00 P.M. at the 6 location of the customer unless the customer has given his or her 7 express consent to the call at a different time. Telemarketers shall 8 provide, in a clear and coherent manner using words with common and 9 everyday meanings, at the beginning of each telemarketing sales call all 10 of the following information: 11 a. the telemarketer's name and the person on whose behalf the solic- 12 itation is being made, if other than the telemarketer; 13 b. the purpose of the telephone call; 14 c. the identity of the goods or services for which a fee will be 15 charged; and 16 d. whether the call is being recorded. 17 2. It shall be unlawful for any telemarketer or seller to knowingly 18 cause any voice service providing caller identification service to tran- 19 smit misleading, inaccurate, or false caller identification information, 20 provided that it shall not be a violation to substitute (for the name 21 and phone number used in, or billed for, making the call) the name or 22 telephone number of the person or seller on behalf of which a telemar- 23 keting call is placed. 24 3. Prior to the purchase of any good or service, telemarketers shall 25 disclose to the customer the cost of the goods or services that are the 26 subject of the call and if the offer includes a negative option feature, 27 all material terms and conditions of the negative option feature, 28 including, but not limited to the fact that the customer's account will 29 be charged unless the customer takes an affirmative action to avoid the 30 charges, the dates the charges will be submitted for payment, and the 31 specific steps the customer must take to avoid the charge. 32 4. a. The department is authorized to establish, manage, and maintain 33 a no telemarketing sales calls statewide registry which shall contain a 34 list of customers who do not wish to receive unsolicited telemarketing 35 sales calls. The department may contract with a private vendor to estab- 36 lish, manage and maintain such registry, provided the private vendor has 37 maintained national no telemarketing sales calls registries for more 38 than two years, and the contract requires the vendor to provide the no 39 telemarketing sales calls registry in a printed hard copy format and in 40 any other format as prescribed by the department. 41 b. The department is authorized to have the national Do Not Call 42 registry established, managed and maintained by the federal trade 43 commission pursuant to 15 U.S.C. 6151, and referenced by 16 C.F.R. 44 section 310.4 (b)(1)(iii)(B), to serve as the New York state no telemar- 45 keting sales calls statewide registry provided for by this section. The 46 department is further authorized to take whatever administrative actions 47 may be necessary or appropriate for such transition including, but not 48 limited to, providing the telephone numbers of New York customers regis- 49 tered on the no telemarketing sales calls statewide registry to the 50 federal trade commission, for inclusion on the national Do Not Call 51 registry. 52 5. No telemarketer or seller may make or cause to be made any unsolic- 53 ited telemarketing sales call to any customer when that customer's tele- 54 phone number has been on the national Do Not Call registry, established 55 by the federal trade commission, for a period of thirty-one days priorS. 7508--A 73 A. 9508--A 1 to the date the call is made, pursuant to 16 C.F.R. section 2 310.4(b)(1)(iii)(B). 3 6. It shall be unlawful for any telemarketer doing business in this 4 state to make an unsolicited telemarketing sales call to any person in a 5 county, city, town or village knowingly under a declared state of emer- 6 gency or disaster emergency as described in section twenty-four or twen- 7 ty-eight of the executive law. 8 7. No telemarketer or seller shall initiate any telemarketing sales 9 call by means of a technology that delivers a pre-recorded message, 10 unless the telemarketer or seller has obtained from the customer an 11 express agreement, in writing. No such agreement shall authorize any 12 telemarketing sales calls more than thirty days after execution of the 13 agreement, and the agreement must provide that: 14 a. the telemarketer or seller obtained only after a clear and conspic- 15 uous disclosure, using plain language and printed in type no less than 16 twelve-point type, that the purpose of the agreement is to authorize the 17 seller to make telemarketing sales calls to such customer; 18 b. the telemarketer or seller obtained without requiring, directly or 19 indirectly, that the agreement be executed as a condition of purchasing 20 any good or service; 21 c. evidences the willingness of the customer to receive telemarketing 22 sales calls by or made on behalf of a specific seller; 23 d. includes such customer's telephone number and signature; 24 e. is displayed before any mechanism offered to the customer to verify 25 or acknowledge consent; and 26 f. contains the following language: 27 (i) "This express agreement applies only between the customer and the 28 specific entity offering the agreement, and any named partner or affil- 29 iate entity." 30 (ii) "By clicking or otherwise acknowledging agreement, I understand 31 that I consent to and may receive telemarketing sales calls even if I 32 have previously entered my number on the national Do Not Call registry 33 maintained by the federal trade commission." 34 8. No telemarketer or seller may initiate any telephone call using an 35 automatic telephone dialing system or an artificial or pre-recorded 36 voice, without prior express and verifiable consent from the person 37 receiving the call. 38 9. In the case of any telemarketing sales call delivered by means of a 39 technology that delivers a pre-recorded message that could be received 40 by a customer who can use an automated interactive voice and/or keypress 41 activated opt-out mechanism to assert a Do Not Call request, such call 42 shall include a mechanism that allows the customer to automatically add 43 the number called to the seller's entity specific do not call list, and 44 which mechanism, once invoked, immediately ends the call. 45 10. In the case of any telemarketing sales call delivered by means of 46 a technology that delivers a pre-recorded message that could be answered 47 by an answering machine or voicemail service, that the call include a 48 toll-free number that must connect the customer directly to an automated 49 interactive voice or keypress activated opt-out mechanism that allows 50 the consumer to automatically add the number called to the seller's 51 entity specific do not call list, and which mechanism, once invoked, 52 immediately ends the call. 53 11. In the case of any telemarketing sales call made by a natural 54 person, the telemarketer or seller shall inform the customer that he or 55 she may request that his or her telephone number be added to the sell- 56 er's entity specific do not call list. If the customer opts to do so,S. 7508--A 74 A. 9508--A 1 the telemarketer or seller shall immediately end the call and shall add 2 the number called to such list or cause the number called to be added to 3 such list. 4 12. No telemarketer or seller shall transmit, share, or otherwise make 5 available any customer's contact information, including name, telephone 6 number, or email address, which has been provided to such telemarketer 7 or seller by such customer, to any person, corporation, or other entity 8 without the express agreement of the consumer in writing or in electron- 9 ic format, unless otherwise required by law, or pursuant to a lawful 10 subpoena or court order. No such agreement shall authorize a telemarket- 11 er or seller to transmit, share, or otherwise make available such 12 consumer's contact information for more than thirty days after execution 13 of such agreement. 14 13. Telemarketers and sellers shall keep for a period of twenty-four 15 months from the date the record is created records relating to its tele- 16 marketing activities. 17 14. a. The department shall provide notice to customers of the estab- 18 lishment of the national Do Not Call registry. Any customer who wishes 19 to be included on such registry shall notify the federal trade commis- 20 sion as directed by relevant federal regulations. 21 b. Any company that provides local telephone directories to customers 22 in this state shall inform its customers of the provisions of this 23 section by means of publishing a notice in such local telephone directo- 24 ries and on any website and social media page owned, operated or other- 25 wise authorized by such company. 26 15. When the department has reason to believe a person has engaged in 27 repeated unlawful acts in violation of this section, or when a notice of 28 hearing has been issued pursuant to subdivision sixteen of this section, 29 the department may request in writing the production of relevant docu- 30 ments and records as part of its investigation. If the person upon whom 31 such request was made fails to produce the documents or records within 32 fourteen days after the date of the request, the department may issue 33 and serve subpoenas to compel the production of such documents and 34 records. If any person shall refuse to comply with a subpoena issued 35 under this section, the department may petition a court of competent 36 jurisdiction to enforce the subpoena, and to request a civil penalty not 37 to exceed one thousand dollars per day, actual damages sustained by 38 reason of the failure to comply and such sanctions as the court may 39 direct. 40 16. a. Where it is determined after an opportunity for a hearing that 41 any person has violated one or more provisions of this section, the 42 secretary, or any person deputized or so designated by him or her, may 43 assess a fine not to exceed twenty-two thousand dollars for each 44 violation. 45 b. Any proceeding conducted pursuant to paragraph a of this subdivi- 46 sion shall be subject to the state administrative procedure act. 47 c. Nothing in this subdivision shall be construed to restrict any 48 right which any person may have under any other statute or at common 49 law. 50 17. The department shall prescribe rules and regulations to administer 51 this section. 52 18. If any clause, sentence, paragraph or part of this section shall 53 be adjudged by any court of competent jurisdiction to be invalid, such 54 judgment shall not affect, impair or invalidate the remainder thereof, 55 but shall be confined in its operation to the clause, sentence, para-S. 7508--A 75 A. 9508--A 1 graph or part thereof directly involved in the controversy in which such 2 judgment shall have been rendered. 3 § 903. Telephone call authentication framework. 1. Not later than 4 January first, two thousand twenty-one: 5 a. A voice service provider shall implement the STIR/SHAKEN authenti- 6 cation framework, or alternative technology that provides compatible or 7 superior capability, to verify and authenticate caller identification 8 information in the internet protocol networks of voice service provid- 9 ers. 10 b. A voice service provider shall take reasonable measures to imple- 11 ment an effective call authentication framework, or alternative technol- 12 ogy that provides compatible or superior capability, to verify and 13 authenticate caller identification information in the non-internet 14 protocol networks of the voice service provider. 15 2. STIR/SHAKEN certificate authorities providing credentials to 16 commercial, government and not-for-profit organizations using New York 17 state automatic number identifications shall be responsible for investi- 18 gating and vetting the entities they certify, and shall provide the 19 department annually with all information required under this subdivi- 20 sion. Required due diligence in selecting and managing certificate 21 recipients shall include a minimum of the following: 22 a. Background checks which establish that the entity, its officers and 23 persons responsible for authorizing official acts of such entity have 24 never been convicted of frauds, felonies or other serious or relevant 25 offenses. 26 b. Establishment of one or more physical address locations in the 27 United States. All such information shall be confirmed and updated annu- 28 ally. 29 c. Any person acting as a certificate authority shall provide a 30 personal assurance that the certificates will be granted in a reputable 31 and lawful manner, and any such person shall be responsible jointly and 32 severally for penalties related to fraud or willful violations. 33 3. Where the federal communications commission has granted a delay of 34 required compliance for any provider or class of providers of voice 35 service or type of voice calls, compliance under paragraph b of subdivi- 36 sion one of this section may be delayed, but only to the extent that 37 such a provider or class of providers of voice service or type of voice 38 calls, materially relies on a non-internet protocol network for the 39 provision of such service or calls, until a call authentication protocol 40 has been developed for calls delivered over non-internet protocol 41 networks and is reasonably available. 42 4. On or before January first, two thousand twenty-one, and thereafter 43 at least once every three years, all voice service providers shall 44 review the best available technology to authenticate caller identifica- 45 tion information and deploy any such technology which may better accom- 46 plish the purpose of this section. Any such upgrades shall be deployed 47 to all subscribers as soon as feasible and at no additional surcharge or 48 fee to such subscribers. 49 5. Deployment of any call authentication technology shall result in no 50 additional surcharge or fee to the subscriber. 51 6. By July thirty-first of the year following the effective date of 52 this section, and annually thereafter, every voice service provider 53 shall file with both the department, and the secretary to the public 54 service commission, a report setting forth its deployment and review of 55 the best available call authentication technology required by this 56 section, as well as any available upgrades thereto and deployment there-S. 7508--A 76 A. 9508--A 1 of to persons or entities, as well as any other information that the 2 department, in consultation with the department of public service, may 3 require. Such report shall include: 4 a. an analysis of the extent to which voice service providers have 5 implemented the call authentication frameworks described in this 6 section, including whether the availability of necessary equipment and 7 equipment upgrades has impacted such implementation; 8 b. an assessment of the efficacy of the call authentication frameworks 9 described in paragraph b of subdivision one of this section, in address- 10 ing all aspects of call authentication; and 11 c. a sworn statement by a principal or officer of the voice service 12 provider that the information provided is current and accurate. 13 7. Any voice service provider that knowingly fails or neglects to 14 comply with this section, or a rule or regulation adopted thereunder, 15 shall forfeit to the people of the state of New York a sum not less than 16 ten thousand dollars and no more than one hundred thousand dollars 17 constituting a civil penalty for each and every offense and, in the case 18 of a continuing violation, each day shall be deemed a separate and 19 distinct offense. 20 8. Whenever there shall be a violation of this section, an application 21 may be made by either a. the attorney general in the name of the people 22 of the state of New York, or b. the public service commission in the 23 case of a voice service provider subject to the jurisdiction of the 24 public service commission, to a court or justice having jurisdiction, to 25 issue an injunction, and upon notice to the defendant of not less than 26 five days, to enjoin and restrain the continuance of such violations, 27 and for the enforcement of the penalties provided in this section. 28 9. When the department has reason to believe a person or voice service 29 provider has violated any provision of this section, the department may 30 request in writing the production of relevant documents and records. If 31 the person upon whom such request was made fails to produce the docu- 32 ments or records within fourteen days after the date of the request, the 33 department may issue and serve subpoenas to compel the production of 34 such documents and records. If any person shall refuse to comply with a 35 subpoena issued under this section, the department may petition a court 36 of competent jurisdiction to enforce the subpoena and, notwithstanding 37 any other provision of law, to request a civil penalty not to exceed one 38 thousand dollars per day, actual damages sustained by reason of the 39 failure to comply, and such sanctions as the court may direct. 40 10. The public service commission and the department may promulgate 41 any rules or regulations necessary to implement and enforce the 42 provisions of this section. 43 § 904. Telephone call blocking. 1. Consistent with authorization 44 provided by federal law and rules or orders of the federal communi- 45 cations commission or its successors: 46 a. Voice service providers shall offer subscribers services that are 47 capable of blocking calls to a telephone or other device, on an opt-out 48 basis. Such call blocking may include sending a call directly to the 49 called subscriber's voicemail, or to a "personal assistant" that answers 50 the call, or to a "CAPTCHA" (Completely Automated Public Turing test to 51 tell Computers and Humans Apart) menu that confronts the calling party 52 and requires it to confirm that it is not a robot. Voice service 53 providers shall, in a manner that is clear for a subscriber to under- 54 stand: (i) offer sufficient information to subscribers so that subscrib- 55 ers can make an informed choice as to whether they wish to opt-out ofS. 7508--A 77 A. 9508--A 1 such service; and (ii) clearly disclose to subscribers what types of 2 calls may be blocked and the risks of blocking wanted calls. 3 b. Voice service providers shall block a call made to a telephone or 4 other device when the subscriber to which the originating number is 5 assigned has requested that calls purporting to originate from that 6 number be blocked because the number is used for inbound calls only. 7 c. Voice service providers shall block calls made to a telephone or 8 other device originating from the following numbers: 9 (i) a number that is not a valid North American numbering plan number; 10 (ii) a valid North American numbering plan number that is not allo- 11 cated to a provider by the North American numbering plan administrator 12 or the pooling administrator; and 13 (iii) a valid North American numbering plan number that is allocated 14 to a provider by the North American number plan administrator or pooling 15 administrator, but is unused, so long as the provider blocking the calls 16 is the allocatee of the number and confirms that the number is unused or 17 has obtained verification from the allocatee that the number is unused 18 at the time of the blocking. An unused number is a number that is not 19 assigned to a subscriber or otherwise set aside for outbound call use. 20 d. Voice service providers shall not block any call made to a tele- 21 phone or other device if (i) the call is made for emergency alert 22 purposes, or (ii) it is a call from a law enforcement or public safety 23 entity. 24 2. Nothing in this section shall be construed to require blocking of 25 international telephone calls from purported non-North American number- 26 ing plan numbers. 27 3. Deployment of any call blocking services shall result in no addi- 28 tional surcharge or fee to the subscriber. 29 4. On or before January first, two thousand twenty-one, and period- 30 ically thereafter, all voice service providers shall review the best 31 available call blocking technology and deploy any such technology which 32 may better accomplish the purpose of this section. Any such upgrades 33 shall be deployed to all subscribers as soon as feasible and at no addi- 34 tional surcharge or fee to such subscribers. 35 5. By July thirty-first of the year following the effective date of 36 this section, and annually thereafter, every voice service provider 37 shall file with both the department, and the secretary to the public 38 service commission, a report setting forth its deployment and review of 39 the best available call blocking technology required by this section, as 40 well as any available upgrades thereto and deployment thereof to persons 41 or entities, as well as any other information that the department, in 42 consultation with the department of public service, may require. The 43 report shall include a sworn statement by a principal or officer of the 44 voice service provider that the information provided is current and 45 accurate. 46 6. Any voice service provider that knowingly fails or neglects to 47 comply with this section, or a rule or regulation adopted thereunder, 48 shall forfeit to the people of the state of New York a sum not less than 49 ten thousand dollars and no more than one hundred thousand dollars 50 constituting a civil penalty for each and every offense and, in the case 51 of a continuing violation, each day shall be deemed a separate and 52 distinct offense. 53 7. Whenever there shall be a violation of this section, an application 54 may be made by either a. the attorney-general in the name of the people 55 of the state of New York, or b. in the case of voice service provider 56 subject to the jurisdiction of the public service law, the publicS. 7508--A 78 A. 9508--A 1 service commission, to a court or justice having jurisdiction, to issue 2 an injunction, and upon notice to the defendant of not less than five 3 days, to enjoin and restrain the continuance of such violations, and for 4 the enforcement of the penalties provided in this section. 5 8. When the department has reason to believe a person or voice service 6 provider has violated any provision of this section, the department may 7 request in writing the production of relevant documents and records. If 8 the person upon whom such request was made fails to produce the docu- 9 ments or records within fourteen days after the date of the request, the 10 department may issue and serve subpoenas to compel the production of 11 such documents and records. If any person shall refuse to comply with a 12 subpoena issued under this section, the department may petition a court 13 of competent jurisdiction to enforce the subpoena and, notwithstanding 14 any other provision of law, to request a civil penalty not to exceed one 15 thousand dollars per day, actual damages sustained by reason of the 16 failure to comply, and such sanctions as the court may direct. 17 9. The secretary shall promulgate any rules or regulations necessary 18 to implement and enforce the provisions of this section. 19 10. The public service commission may promulgate any rules or regu- 20 lations necessary to implement and enforce the provisions of this 21 section. 22 § 905. Use of automatic telephone dialing systems and placement of 23 consumer telephone calls. 1. No person shall operate an automatic tele- 24 phone dialing system, nor place any consumer telephone call, except in 25 accordance with the provisions of this section. The use of such device 26 by any person, either individually or acting as an officer, agent, or 27 employee of a person operating any automatic telephone dialing system, 28 is subject to the provisions of this section. 29 2. Whenever telephone calls are placed through the use of an automatic 30 telephone dialing system, such device shall do all of the following: 31 a. state at the beginning of the call the nature of the call and the 32 name of the person or on whose behalf the message is being transmitted 33 and at the end of such message the address, and telephone number of the 34 person on whose behalf the message is transmitted, provided such disclo- 35 sures are not otherwise prohibited or restricted by any federal, state 36 or local law; and 37 b. disconnect the automatic telephone dialing system from the tele- 38 phone line upon the termination of the call by either the person calling 39 or the person called. 40 3. No person shall operate an automatic telephone dialing system which 41 uses a random or sequential number generator to produce a number to be 42 called. 43 4. No automatic telephone dialing system shall be used to call and no 44 consumer telephone call shall be placed to an emergency telephone line 45 including but not limited to any 911 or E-911 line, or any emergency 46 line of any volunteer fire company or fire department; any emergency 47 medical service, ambulance service, voluntary ambulance service or 48 hospital ambulance service as defined in section three thousand one of 49 the public health law; any hospital, nursing home, or residential health 50 care facility as defined in section twenty-eight hundred one of the 51 public health law; any adult care facility as defined in section two of 52 the social services law; or any law enforcement agency or to the tele- 53 phone line of any guest room or patient room of any hospital, nursing 54 home, or residential health care facility as defined in section twenty- 55 eight hundred one of the public health law, or any adult care facility 56 as defined by section two of the social services law. It shall notS. 7508--A 79 A. 9508--A 1 constitute a violation of this subdivision if the person who places such 2 a call can affirmatively establish that the call was placed inadvertent- 3 ly despite good faith efforts on the part of such person to comply with 4 the provisions of this section and such person has implemented a proce- 5 dure to prevent subsequent calls from being placed to a particular 6 prohibited telephone number. 7 5. A telephone solicitor shall not make a consumer telephone call to a 8 consumer unless the telephone solicitor conforms with subparagraph (i) 9 of paragraph b of subdivision five of section nine hundred six of this 10 article. Nothing contained herein shall be deemed to limit, annul, 11 alter, or affect the provisions of subdivision two of this section. 12 6. No telephone solicitor or person who places any consumer telephone 13 call or who operates an automatic telephone dialing system and no 14 employer of any such telephone solicitor or person shall intentionally 15 cause to be installed, or shall intentionally utilize, any blocking 16 device or service to prevent the name and/or telephone number of such 17 solicitor or person, or the name and/or telephone number of his or her 18 employer, from being displayed on a caller identification device of the 19 recipient of any such consumer telephone call. A violation of this 20 subdivision shall be subject to the provisions of subdivision eight of 21 this section. 22 7. a. Federal, state or local municipalities, or any subdivision ther- 23 eof, using an automatic telephone dialing system for emergency purposes 24 shall be exempted from the provisions of this section. 25 b. Notwithstanding the provisions of paragraph a of this subdivision, 26 any entity which operates a telephone warning or alert system which 27 utilizes any such device for emergency purposes shall also be exempted 28 from the provisions of this section. 29 8. Whenever there shall be a violation of this section, an application 30 may be made by the attorney-general in the name of the people of the 31 state of New York to a court or justice having jurisdiction to issue an 32 injunction, and upon notice to the defendant of not less than five days, 33 to enjoin and restrain the continuance of such violations; and if it 34 shall appear to the satisfaction of the court or justice, that the 35 defendant has, in fact, violated this section an injunction may be 36 issued by such court or justice enjoining and restraining any further 37 violation, without requiring proof that any person has, in fact, been 38 injured or damaged thereby. In any such proceeding, the court may make 39 allowances to the attorney-general as provided in paragraph six of 40 subdivision (a) of section eighty-three hundred three of the civil prac- 41 tice law and rules, and direct restitution. Whenever the court shall 42 determine that a violation of subdivision two, three or four of this 43 section has occurred, the court may impose a civil penalty of not more 44 than two thousand dollars per call, up to a total of not more than twen- 45 ty thousand dollars, for calls placed in violation of such subdivisions 46 within a continuous seventy-two hour period. Whenever the court shall 47 determine that a violation of subdivision five of this section, or a 48 violation of subdivision six of this section, has occurred, the court 49 may impose a civil penalty of not more than two thousand dollars. In 50 connection with any such proposed application, the attorney-general is 51 authorized to take proof and make a determination of the relevant facts 52 and to issue subpoenas in accordance with the civil practice law and 53 rules. 54 9. In addition to the right of action granted to the attorney-general 55 pursuant to this section, any person who has received a telephone call 56 in violation of subdivision two, three or four of this section may bringS. 7508--A 80 A. 9508--A 1 an action in such person's own name to enjoin such unlawful act or prac- 2 tice, an action to recover such person's actual damages or five hundred 3 dollars, whichever is greater, or both such actions. The court may, in 4 its discretion, increase the award of damages to an amount not to exceed 5 three times the actual damages up to one thousand dollars, if the court 6 finds the defendant willfully or knowingly violated such subdivisions. 7 The court may award reasonable attorney's fees to a prevailing plain- 8 tiff. Any damages recoverable pursuant to this section may be recovered 9 in any action which a court may authorize to be brought as a class 10 action pursuant to article nine of the civil practice law and rules. 11 § 906. Telemarketing and consumer fraud and abuse prevention act. 1. 12 Legislative findings and declaration. The legislature finds and declares 13 that the prevention of deceptive and unfair practices in association 14 with telemarketing is in the public interest and subject to the authori- 15 ty of appropriate political subdivisions of the state for the purpose of 16 protecting the public against fraud, deception and other abuses. The 17 legislature intends that the federal telemarketing and consumer fraud 18 and abuse prevention act (P.L. 103-297) be fully enforceable by appro- 19 priate state and local enforcement officials. 20 The legislature further declares that additional requirements applica- 21 ble to the telemarketing industry not present in the federal statute are 22 necessary to protect residents of the state and others from telemarket- 23 ing abuses. The legislature therefore intends that provisions in this 24 section which differ from the aforementioned federal act and other New 25 York state laws regulating telemarketing be construed whenever reason- 26 able as providing additional protections to victims of telemarketing 27 fraud. 28 2. Registration of telemarketers. a. No person shall act as a tele- 29 marketer without first having received a certificate of registration 30 from the secretary as provided in this section. Employees of telemarket- 31 ers shall be exempt from the requirements of this paragraph and para- 32 graph b of this subdivision. 33 b. No person required to register pursuant to paragraph a of this 34 subdivision shall act as a telemarketer without holding a valid certif- 35 icate of registration from the secretary as provided in this section. 36 c. Any applicant shall file with the department an application for a 37 certificate of registration in such form and containing such information 38 as the secretary shall prescribe, including the following: 39 (i) the applicant's name, address and telephone number; 40 (ii) each business name under which the applicant engages in or 41 intends to engage in telemarketing, if such name is different than the 42 applicant's; 43 (iii) the complete street address and primary telephone number of each 44 location, designating the principal location, from which the applicant 45 engages in or intends to engage in telemarketing, including each 46 location at which mail will be received by or on behalf of the appli- 47 cant, and identifying any such location that is a post office box or 48 mail drop; 49 (iv) the name, address and telephone number of each principal of the 50 business; 51 (v) whether the applicant or any principal thereof has been convicted 52 or plead guilty to or is being prosecuted by indictment or information 53 for racketeering, violations of securities laws, or a theft offense of 54 any state, or the United States; 55 (vi) whether any injunction or judgment has been entered into against 56 the applicant or any principal, or such applicant or principal hasS. 7508--A 81 A. 9508--A 1 entered into a settlement agreement, assurance of discontinuance, 2 consent decree or any similar instrument in any civil action involving 3 theft, racketeering, embezzlement, conversion, misappropriation of prop- 4 erty, fraud, or deceptive, unfair, illegal or unconscionable trade prac- 5 tices, and whether any civil action involving such practices is current- 6 ly pending, to the extent not inconsistent with any existing court 7 orders; and 8 (vii) whether the license to engage in any business, trade or profes- 9 sion of the applicant or any principal thereof has been refused, 10 suspended or revoked in any jurisdiction. 11 d. Upon receipt of the completed application for registration and 12 required fee, and unless such certificate of registration has been 13 denied as provided in subdivision four of this section, the secretary 14 shall issue and deliver to the applicant a certificate in such form and 15 manner as the secretary shall prescribe, but which must set forth the 16 applicant's name, business address, and the effective term of the regis- 17 tration. A registration certificate issued or renewed under the 18 provisions of this section shall entitle a person to act as a registered 19 telemarketer for a period of two years from the effective date of the 20 registration. 21 e. Any registration granted under this section may be renewed by the 22 secretary upon application by the holder thereof, in such form as the 23 secretary may prescribe. The secretary shall have the authority to 24 assign staggered expiration dates for licenses at the time of renewal. 25 If the assigned date results in a term that exceeds two years, the 26 applicant shall pay an additional pro-rata adjustment together with the 27 fee prescribed in paragraph f of this subdivision. 28 f. Each application for a certificate of registration shall be accom- 29 panied by a fee of five hundred dollars, which shall not be refundable. 30 g. The fees collected pursuant to this subdivision shall be deposited 31 to the credit of the business and licensing services account established 32 pursuant to the provisions of section ninety-seven-y of the state 33 finance law. 34 h. Any person holding a certificate of registration shall be required 35 to provide notice of any change in the information required of appli- 36 cants by this section, in such form and manner, and within such time 37 period as the secretary shall prescribe. 38 i. No person required to be registered under this subdivision shall be 39 entitled to enforce any agreement or seek any consideration or any other 40 payment for goods and services offered through telemarketing unless such 41 person is in compliance with this subdivision and subdivision four of 42 this section. 43 j. The secretary may prescribe rules and regulations to administer 44 this subdivision and subdivision four of this section. 45 3. Bonding of telemarketers. a. Any applicant shall, at the time of 46 any original application for a certificate of registration, file with 47 the secretary, in the form and amount as prescribed in this subdivision 48 and satisfactory to the secretary: 49 (i) A bond with a corporate surety, from a company authorized to do 50 business in this state; or 51 (ii) An irrevocable letter of credit or a certificate of deposit from 52 a New York state or federally chartered bank, trust company, savings 53 bank or savings and loan association qualified to do business in New 54 York state and insured by the federal deposit insurance corporation. 55 b. Such bond, letter of credit, or certificate of deposit shall be 56 maintained for three years from the date the telemarketer ceases tele-S. 7508--A 82 A. 9508--A 1 marketing, or three years from the date the certificate of registration 2 terminates, whichever is earlier. 3 c. The principal sum of the bond, letter of credit, or certificate of 4 deposit shall be twenty-five thousand dollars, which shall be maintained 5 until the period specified in paragraph b of this subdivision, subject 6 to paragraph g of this subdivision. 7 d. The bond, letter of credit or certificate of deposit shall be paya- 8 ble in favor of the people of the state of New York for the benefit of 9 any customer injured as a result of a violation of this section, pursu- 10 ant to a determination of any court of competent jurisdiction pursuant 11 to this section, or article ten-B of the personal property law. 12 e. The aggregate liability of the surety upon the bond or the banking 13 organization upon the letter of credit or certificate of deposit to all 14 persons for all breaches of the conditions of the bond shall in no event 15 exceed the amount of the bond, letter of credit or certificate of depos- 16 it. 17 f. The bond, letter of credit or certificate of deposit shall not be 18 canceled, revoked, diminished or terminated except after notice to, and 19 with the consent of, the secretary at least forty-five days in advance 20 of such cancellation, revocation, or termination. Unless the bond is 21 replaced by another bond, letter of credit or certificate of deposit in 22 conformity with this subdivision prior to the expiration of the forty- 23 five day period, the registration of the telemarketer shall be treated 24 as terminated as of the cancellation, revocation or termination of the 25 bond. 26 g. The registration of the telemarketer shall be treated as terminated 27 as of the date the amount of the bond, letter of credit or certificate 28 of deposit falls below the amount required by this subdivision. 29 h. Any change in ownership of a telemarketer shall not release, cancel 30 or terminate liability under this subdivision under any bond, letter of 31 credit, or certificate of deposit filed for any telemarketer as to any 32 customer who was injured as a result of a violation of this section or 33 article ten-B of the personal property law while such bond, letter of 34 credit or certificate of deposit was in effect unless such transferee, 35 purchaser, successor or assignee of such telemarketer obtains a bond, 36 letter of credit or certificate of deposit under this subdivision for 37 the benefit of such customer. Nothing in this paragraph shall be 38 construed to authorize any telemarketer to cancel any bond, letter of 39 credit, or certificate of deposit where such cancellation is not other- 40 wise authorized by this subdivision. 41 4. Refusal to issue, suspension, and revocation of registration. a. 42 The secretary, or any person deputized or so designated by him or her 43 may deny the application of any person for a certificate of registra- 44 tion, refuse to issue a renewal thereof, suspend or revoke such certif- 45 icate or in lieu thereof assess a fine not to exceed one thousand 46 dollars per violation, if he or she determines that such applicant, or 47 any of its principals: 48 (i) has made a material false statement or omitted a material fact in 49 connection with an application under this section; 50 (ii) was the former holder of a certificate of registration issued 51 hereunder which the secretary revoked, suspended, or refused to renew; 52 (iii) has failed to furnish satisfactory evidence of good character, 53 reputation and fitness; 54 (iv) with respect to the applicant, is not the true owner of the tele- 55 marketer, except in the case of a franchise;S. 7508--A 83 A. 9508--A 1 (v) is in violation of or has violated any of the following statutes 2 and the regulations thereunder, as such statutes and regulations may 3 from time to time be amended: 4 (A) this section; 5 (B) article ten-B of the personal property law; 6 (C) the act of congress entitled the "telemarketing and consumer fraud 7 and abuse prevention act" (P.L. 103-297); 8 (vi) has been convicted or plead guilty to or is being prosecuted by 9 indictment or information for racketeering, violations of securities 10 laws, or a theft offense of this state, or the United States; 11 (vii) has had any injunction or judgment entered against him or her in 12 any civil action, or such applicant or principal has entered into a 13 settlement agreement, assurance of discontinuance, consent decree or any 14 similar instrument involving theft, racketeering, embezzlement, conver- 15 sion, misappropriation of property, fraud or deceptive, unfair, illegal 16 or unconscionable trade practices; 17 (viii) has had a license or registration to engage in any business, 18 occupation or profession suspended or revoked in any jurisdiction which 19 may impact upon the applicant's fitness for registration under this 20 section; or 21 (ix) has committed, or is committing deceptive, unfair, illegal or 22 unconscionable trade practices in violation of the laws of this or any 23 other state or the United States. 24 b. Any proceeding conducted pursuant to paragraph a of this subdivi- 25 sion shall be subject to the state administrative procedure act. 26 5. Deceptive telemarketing acts and practices. a. It shall be unlawful 27 for any telemarketer to directly or indirectly engage in the following 28 conduct: 29 (i) fail to furnish a copy of the certificate of registration at the 30 request of any interested party; 31 (ii) present or attempt to present, as their own, the registration 32 certificate of another; 33 (iii) give false or misleading information; 34 (iv) misrepresent himself or herself to be registered; 35 (v) use or attempt to use a registration certificate which has been 36 revoked, suspended or is otherwise not valid; 37 (vi) advertise telemarketing services without having a valid certif- 38 icate of registration under this section; 39 (vii) represent in any manner that his or her registration constitutes 40 approval or endorsement of any governmental agency; 41 (viii) assist or support any person when the telemarketer or any iden- 42 tified employee knew or should have known that the person was engaged in 43 an act or practice in violation of this section or article ten-B of the 44 personal property law; 45 (ix) request a fee in advance to remove adverse information or modify 46 adverse information to improve a person's credit history or credit 47 record; 48 (x) except for an attorney engaged in the practice of law, request or 49 receive payment in advance from a person to recover or otherwise aid in 50 the return of money or any other item lost by the customer in a prior 51 telemarketing transaction; 52 (xi) obtain or submit for payment a check, draft, or other form of 53 negotiable paper drawn on a person's checking, savings, share, or simi- 54 lar account, without that person's express written authorization; 55 (xii) procure the services of any professional delivery, courier or 56 other pickup service to obtain receipt or possession of a customer'sS. 7508--A 84 A. 9508--A 1 payment, unless the goods or services are delivered with the reasonable 2 opportunity to inspect before any payment is collected; or 3 (xiii) misrepresent, directly or by implication, that a premium is a 4 prize. 5 b. Telemarketers shall provide all of the following information, in a 6 clear and coherent manner using words with common and everyday meanings, 7 when making a telemarketing call: 8 (i) at the beginning of the call and prior to any request by the call- 9 er of the customer to release or disclose any of the customer's personal 10 or financial information, including but not limited, to the customer's 11 name, address, credit card, checking account or other financial account 12 number or information: 13 (A) that the purpose of the telephone call is to offer goods or 14 services for which a fee will be charged or to provide an investment 15 opportunity, whichever is the case; 16 (B) the telemarketer's name and the person on whose behalf the solic- 17 itation is being made if other than the telemarketer; 18 (C) the identity of the goods or services for which a fee will be 19 charged; and 20 (D) whether the call is being recorded. 21 (ii) the cost of the goods or services that are the subject of the 22 call. 23 (iii) in any prize promotion, the odds of being able to receive the 24 prize, and if the odds are not calculable in advance, the factors used 25 in calculating the odds; that no purchase or payment is required to win 26 a prize or to participate in a prize promotion; and the no purchase/no 27 payment method of participating in the prize promotion with either 28 instructions on how to participate or an address or local or toll-free 29 telephone number to which customers may write or call for information on 30 how to participate; and all material costs or conditions to receive or 31 redeem a prize that is the subject of the prize promotion. 32 6. Abusive telemarketing acts or practices. It shall be unlawful for 33 any telemarketer to: 34 a. threaten, intimidate or use profane or obscene language; 35 b. engage in conduct or behavior a reasonable person would deem to be 36 abusive or harassing; 37 c. initiate a telemarketing call to a person, when that person has 38 stated previously that he or she does not wish to receive solicitation 39 calls from that telemarketer provided, however that nothing in this 40 section shall be construed to prohibit a telemarketer from telemarketing 41 goods, services or investment opportunities to any customer of any 42 affiliate, subsidiary or parent of such telemarketer; 43 d. engage in telemarketing to a person's residence at any time other 44 than between 8:00 A.M. and 9:00 P.M. local time, at the called person's 45 location; or 46 e. make a false, deceptive or misleading statement in regard to the 47 requirements of subdivision five of this section to a customer, or to 48 engage in any deceptive or unfair act or practice in association with 49 telemarketing. 50 f. make an unsolicited telemarketing sales call to any person in a 51 county, city, town or village knowingly under a declared state of emer- 52 gency or disaster emergency as described in section twenty-four or twen- 53 ty-eight of the executive law. 54 7. Unlawful transmission of certain caller identification information. 55 It shall be unlawful for any telemarketer or seller to knowingly cause 56 any voice service providing caller identification service to transmitS. 7508--A 85 A. 9508--A 1 misleading, inaccurate, or false caller identification information, 2 provided that it shall not be a violation to substitute (for the name 3 and phone number used in, or billed for, making the call) the name or 4 telephone number of the person or seller on behalf of which a telemar- 5 keting call is placed. 6 8. Recordkeeping requirements. a. All telemarketers shall keep for a 7 period of twenty-four months from the date the record is produced 8 records of all financial transactions, written notices, disclosures and 9 acknowledgments, including but not limited to: 10 (i) records of calls resulting in a promise by the customer to pay or 11 otherwise exchange consideration for goods and services, including but 12 not limited to the name and last known address of each customer, the 13 goods or services selected, the date such goods were shipped or provided 14 and the quantity provided, the amount charged by the company for the 15 goods or services provided, including all other related fees or charges 16 of any kind, including shipping and handling fees, and the amount actu- 17 ally paid by the customer for the goods and services provided; 18 (ii) the name and last known address of each prize recipient and the 19 prize awarded having a value of twenty-five dollars or more; and 20 (iii) the name, any fictitious name used, the last known home address 21 and telephone number, and the job title for all current and former 22 employees directly involved in telephone sales; provided, however, that 23 if the telemarketer permits fictitious names to be used by employees, 24 each fictitious name must be traceable to only one specific employee. 25 b. A telemarketer may keep the records required by paragraph a of this 26 subdivision in any form, and in the manner, format, or place as they 27 keep such records in the ordinary course of business. 28 c. In the event of any dissolution or termination of the 29 telemarketer's business, a representative of the telemarketer shall 30 maintain all records as required under this subdivision, which shall be 31 the person required to maintain such records in the event of dissolution 32 or termination under rules and regulations issued under the act of 33 congress entitled the "telemarketing and consumer fraud and abuse 34 prevention act" (P.L. 103-297), or any person designated by the tele- 35 marketer. In the event of any sale, assignment or other change of owner- 36 ship of the telemarketer's business, the successor or assignee shall 37 maintain all records required by this subdivision. In any case in which 38 this paragraph applies, the telemarketer shall provide notice to the 39 secretary, in the form and manner designated by the secretary of the 40 disposition of such records within thirty days of the dissolution, 41 termination, sale, assignment or change of ownership. 42 9. Waiver. Any waiver of the provisions of this section by any custom- 43 er shall be unenforceable and void. 44 10. Exemptions. a. The following persons shall be exempt from the 45 registration and bonding requirements set forth in subdivisions two and 46 three of this section: 47 (i) the state, municipalities of the state, or any department or divi- 48 sion of the state or such municipalities; 49 (ii) the United States or any of its departments, agencies or divi- 50 sions; 51 (iii) colleges, universities and other institutions authorized by the 52 regents of the university of the state of New York or comparable body in 53 any other state or jurisdiction, to grant degrees, including licensed 54 private schools and any registered business schools regulated by article 55 one hundred one of the education law;S. 7508--A 86 A. 9508--A 1 (iv) a person, which has been operating for at least three years a 2 retail business establishment in this state under the same name as that 3 used in connection with telemarketing, and both of the following occur 4 on a continuing basis: 5 (A) Either products are displayed and offered for sale or services are 6 offered for sale and provided at the business establishment; and 7 (B) A majority of the person's business involves buyers' obtaining 8 such products or services at the person's location; 9 (v) any not-for-profit corporation as defined in section one hundred 10 two of the not-for-profit corporation law and charitable organizations. 11 b. The following acts or practices are exempt from the requirements of 12 this section: 13 (i) telephone calls made by a telemarketer, collection agency or 14 attorney engaged in the practice of law for the exclusive purpose of 15 collecting a legal debt owed, in accordance with the applicable 16 provisions of the Federal Fair Debt Collection Practices Act (15 U.S.C. 17 § 1692 et. seq.); 18 (ii) telephone calls in which the sale, lease or other agreement for 19 goods or services is not completed, and payment or authorization of 20 payment is not required, until after a face-to-face sales presentation 21 by a telemarketer, or a meeting between a telemarketer and customer; 22 (iii) telephone calls that are received by a telemarketer initiated by 23 a customer that are not the result of any solicitation by such telemark- 24 eter; and 25 (iv) telephone calls between a telemarketer and any for-profit busi- 26 ness, except calls involving the retail sale of nondurable office or 27 cleaning supplies. 28 c. The following acts or practices are exempt from the requirements of 29 paragraph b of subdivision five of this section: 30 (i) telephone calls pertaining to a renewal or continuation of an 31 existing or prior contractual relationship or the continuation of an 32 established business relationship between a customer and any telemarket- 33 er, provided that the telemarketer discloses any material changes in the 34 terms and conditions of the prior contract, except for calls made by a 35 telemarketer in which the telemarketer or any of its principals has 36 previously engaged in any act or practice described in subparagraphs 37 (i), (ii), (v), (vi), (vii) and (viii) of paragraph a of subdivision 38 four of this section; and 39 (ii) unsolicited telephone calls made by the telemarketer for the 40 purpose of overall efforts to develop new business that include other 41 methods and techniques intended to identify and communicate with poten- 42 tial customers provided however that for all transactions which are 43 incidental to the call and result in the exchange of goods and services 44 the telemarketer shall disclose the following information: 45 (A) the telemarketer's name and the person on whose behalf the solic- 46 itation is being made if other than the telemarketer; 47 (B) the identity of the goods or services for which a fee will be 48 charged; and 49 (C) the cost of the goods or services that are the subject of the 50 call. 51 11. Fee and bonding exemptions. The following persons are exempt from 52 the fee and bonding requirements set forth in paragraph f of subdivision 53 two and subdivision three of this section: A person engaged in a busi- 54 ness or occupation which is licensed, registered, chartered, certified 55 or incorporated with or by any state or federal agency. Provided, howev- 56 er, any person not licensed, registered, chartered, certified or incor-S. 7508--A 87 A. 9508--A 1 porated with any New York state or federal agency, shall submit evidence 2 to the secretary of state, in a form and manner to be prescribed by the 3 secretary, of any license, registration, charter, certification or 4 incorporation issued by an agency or governmental entity in this or any 5 other state. 6 12. Enforcement. a. Every violation of this section shall be deemed a 7 deceptive act and practice subject to enforcement under article twenty- 8 two-A of this chapter. In addition, the district attorney, county attor- 9 ney, and the corporation counsel shall have concurrent authority to seek 10 the relief in paragraph b of this subdivision, and all civil penalties 11 obtained in any such action shall be retained by the municipality or 12 county. 13 b. In every case where the court shall determine that a violation of 14 this section has occurred, it may impose a civil penalty of not less 15 than one thousand dollars nor more than two thousand dollars for each 16 violation provided that for a violation of subdivision seven of this 17 section, the court may impose a civil penalty of not less than five 18 thousand dollars nor more than ten thousand dollars for each violation. 19 Such penalty shall be in addition to the denial of registration or 20 renewal, suspension of registration or revocation of registration or 21 assessment of a fine authorized by subdivision four of this section. 22 c. Any person who contracts with a telemarketer for telemarketing 23 services and has actual knowledge that the telemarketer is acting in 24 violation of this section shall be deemed to be in violation of this 25 section, unless such person takes reasonable measures to prevent and 26 correct any conduct that violates this section. 27 d. Nothing in this section shall be construed to restrict any right 28 which any person may have under any other statute or the common law. 29 13. Criminal penalties. Any person who is convicted of knowingly 30 violating paragraph a or b of subdivision two of this section, or 31 subparagraph (ii), (iii), (iv) or (v) of paragraph a of subdivision five 32 of this section shall be guilty of a class B misdemeanor. Any person who 33 is convicted of knowingly violating subparagraph (xi) or (xii) of para- 34 graph a of subdivision five of this section shall be guilty of a class A 35 misdemeanor. 36 14. Separability clause; construction. If any part or provision of 37 this section or the application thereof to any person or circumstances 38 be adjudged invalid by any court of competent jurisdiction, such judg- 39 ment shall be confined in its operations to the part, provision or 40 application directly involved in the controversy in which such judgment 41 shall have been rendered and shall not affect or impair the validity of 42 the remainder of this section or the application thereof to other 43 persons or circumstances. 44 § 2. Sections 399-z, 399-p and 399-pp of the general business law are 45 REPEALED. 46 § 3. Subdivision 2 of section 97-www of the state finance law, relat- 47 ing to the consumer protection account, as amended by section 52 of 48 chapter 62 of the laws of 2011, is amended to read as follows: 49 2. Such account shall consist of all penalties received by the depart- 50 ment of state pursuant to section [three hundred ninety-nine-z] nine 51 hundred two of the general business law and any additional monies appro- 52 priated, credited or transferred to such account by the Legislature. Any 53 interest earned by the investment of monies in such account shall be 54 added to such account, become part of such account, and be used for the 55 purposes of such account 56 § 4. This act shall take effect immediately.S. 7508--A 88 A. 9508--A 1 PART U 2 Section 1. Section 70 of the state law is amended to read as follows: 3 § 70. Description of the arms of the state and the state flag. The 4 device of arms of this state[, as adopted March sixteenth, seventeen5hundred and seventy-eight,] is hereby declared to be correctly described 6 as follows: 7 Charge. Azure, in a landscape, the sun in fess, rising in splendor or, 8 behind a range of three mountains, the middle one the highest; in base a 9 ship and sloop under sail, passing and about to meet on a river, 10 bordered below by a grassy shore fringed with shrubs, all proper. 11 Crest. On a wreath azure and or, an American eagle proper, rising to 12 the dexter from a two-thirds of a globe terrestrial, showing the north 13 Atlantic ocean with outlines of its shores. 14 Supporters. On a quasi compartment formed by the extension of the 15 scroll. 16 Dexter. The figure of Liberty proper, her hair disheveled and deco- 17 rated with pearls, vested azure, sandaled gules, about the waist a cinc- 18 ture or, fringed gules, a mantle of the last depending from the shoul- 19 ders behind to the feet, in the dexter hand a staff ensigned with a 20 Phrygian cap or, the sinister arm embowed, the hand supporting the 21 shield at the dexter chief point, a royal crown by her sinister foot 22 dejected. 23 Sinister. The figure of Justice proper, her hair disheveled and deco- 24 rated with pearls, vested or, about the waist a cincture azure, fringed 25 gules, sandaled and mantled as Liberty, bound about the eyes with a 26 fillet proper, in the dexter hand a straight sword hilted or, erect, 27 resting on the sinister chief point of the shield, the sinister arm 28 embowed, holding before her her scales proper. 29 Motto. On a scroll below the shield argent, in sable, two lines. On 30 line one, Excelsior and on line two, E pluribus unum. 31 State flag. The state flag is hereby declared to be blue, charged with 32 the arms of the state in the colors as described in the blazon of this 33 section. 34 § 2. (a) Any state flag, object, or printed materials containing the 35 depiction of the former arms of the state may continue to be used until 36 such flag, object, or printed materials' useful life has expired or 37 until the person possessing such flag, object, or printed material 38 replaces it. Such continued use shall not constitute a violation of 39 section seventy-two of the state law. 40 (b) Any electronic depiction of the arms of the state shall be updated 41 within 60 days of the effective date of this act. 42 (c) No state agency, local government, or public authority shall be 43 required to replace a flag solely because such flag contains the former 44 arms of the state. 45 § 3. The secretary of state shall begin to use the new seal as of the 46 effective date of this act. 47 § 4. This act shall take effect on the one hundred eightieth day after 48 it shall have become a law. Effective immediately, the department of 49 state is authorized to take any action, including entering into 50 contracts, that is necessary for the timely implementation of this act 51 on its effective date. 52 PART VS. 7508--A 89 A. 9508--A 1 Section 1. Subdivision 1 of section 130 of the executive law, as 2 amended by section 1 of subpart D of part II of chapter 55 of the laws 3 of 2019, is amended to read as follows: 4 1. The secretary of state may appoint and commission as many notaries 5 public for the state of New York as in his or her judgment may be deemed 6 best, whose jurisdiction shall be co-extensive with the boundaries of 7 the state. The appointment of a notary public shall be for a term of 8 four years. An application for an appointment as notary public shall be 9 in form and set forth such matters as the secretary of state shall 10 prescribe. Every person appointed as notary public must, at the time of 11 his or her appointment, be [a citizen of the United States and either] a 12 resident of the state of New York or have an office or place of business 13 in New York state. A notary public who is a resident of the state and 14 who moves out of the state but still maintains a place of business or an 15 office in New York state does not vacate his or her office as a notary 16 public. A notary public who is a nonresident and who ceases to have an 17 office or place of business in this state, vacates his or her office as 18 a notary public. A notary public who is a resident of New York state and 19 moves out of the state and who does not retain an office or place of 20 business in this state shall vacate his or her office as a notary 21 public. A non-resident who accepts the office of notary public in this 22 state thereby appoints the secretary of state as the person upon whom 23 process can be served on his or her behalf. Before issuing to any appli- 24 cant a commission as notary public, unless he or she be an attorney and 25 counsellor at law duly admitted to practice in this state or a court 26 clerk of the unified court system who has been appointed to such posi- 27 tion after taking a civil service promotional examination in the court 28 clerk series of titles, the secretary of state shall satisfy himself or 29 herself that the applicant is of good moral character, has the equiv- 30 alent of a common school education and is familiar with the duties and 31 responsibilities of a notary public; provided, however, that where a 32 notary public applies, before the expiration of his or her term, for 33 reappointment with the county clerk or where a person whose term as 34 notary public shall have expired applies within six months thereafter 35 for reappointment as a notary public with the county clerk, such quali- 36 fying requirements may be waived by the secretary of state, and further, 37 where an application for reappointment is filed with the county clerk 38 after the expiration of the aforementioned renewal period by a person 39 who failed or was unable to re-apply by reason of his or her induction 40 or enlistment in the armed forces of the United States, such qualifying 41 requirements may also be waived by the secretary of state, provided such 42 application for reappointment is made within a period of one year after 43 the military discharge of the applicant under conditions other than 44 dishonorable. In any case, the appointment or reappointment of any 45 applicant is in the discretion of the secretary of state. The secretary 46 of state may suspend or remove from office, for misconduct, any notary 47 public appointed by him or her but no such removal shall be made unless 48 the person who is sought to be removed shall have been served with a 49 copy of the charges against him or her and have an opportunity of being 50 heard. No person shall be appointed as a notary public under this arti- 51 cle who has been convicted, in this state or any other state or territo- 52 ry, of a crime, unless the secretary makes a finding in conformance with 53 all applicable statutory requirements, including those contained in 54 article twenty-three-A of the correction law, that such convictions do 55 not constitute a bar to appointment.S. 7508--A 90 A. 9508--A 1 § 2. Subdivision 1 of section 130 of the executive law, as amended by 2 chapter 490 of the laws of 2019, is amended to read as follows: 3 1. The secretary of state may appoint and commission as many notaries 4 public for the state of New York as in his or her judgment may be deemed 5 best, whose jurisdiction shall be co-extensive with the boundaries of 6 the state. The appointment of a notary public shall be for a term of 7 four years. An application for an appointment as notary public shall be 8 in form and set forth such matters as the secretary of state shall 9 prescribe. Every person appointed as notary public must, at the time of 10 his or her appointment, be [a citizen of the United States and either] a 11 resident of the state of New York or have an office or place of business 12 in New York state. A notary public who is a resident of the state and 13 who moves out of the state but still maintains a place of business or an 14 office in New York state does not vacate his or her office as a notary 15 public. A notary public who is a nonresident and who ceases to have an 16 office or place of business in this state, vacates his or her office as 17 a notary public. A notary public who is a resident of New York state and 18 moves out of the state and who does not retain an office or place of 19 business in this state shall vacate his or her office as a notary 20 public. A non-resident who accepts the office of notary public in this 21 state thereby appoints the secretary of state as the person upon whom 22 process can be served on his or her behalf. Before issuing to any appli- 23 cant a commission as notary public, unless he or she be an attorney and 24 counsellor at law duly admitted to practice in this state or a court 25 clerk of the unified court system who has been appointed to such posi- 26 tion after taking a civil service promotional examination in the court 27 clerk series of titles, the secretary of state shall satisfy himself or 28 herself that the applicant is of good moral character, has the equiv- 29 alent of a common school education and is familiar with the duties and 30 responsibilities of a notary public; provided, however, that where a 31 notary public applies, before the expiration of his or her term, for 32 reappointment with the county clerk or where a person whose term as 33 notary public shall have expired applies within six months thereafter 34 for reappointment as a notary public with the county clerk, such quali- 35 fying requirements may be waived by the secretary of state, and further, 36 where an application for reappointment is filed with the county clerk 37 after the expiration of the aforementioned renewal period by a person 38 who failed or was unable to re-apply by reason of his or her induction 39 or enlistment in the armed forces of the United States, such qualifying 40 requirements may also be waived by the secretary of state, provided such 41 application for reappointment is made within a period of one year after 42 the military discharge of the applicant under conditions other than 43 dishonorable, or if the applicant has a qualifying condition, as defined 44 in section three hundred fifty of this chapter, within a period of one 45 year after the applicant has received a discharge other than bad conduct 46 or dishonorable from such service, or if the applicant is a discharged 47 LGBT veteran, as defined in section three hundred fifty of this chapter, 48 within a period of one year after the applicant has received a discharge 49 other than bad conduct or dishonorable from such service. In any case, 50 the appointment or reappointment of any applicant is in the discretion 51 of the secretary of state. The secretary of state may suspend or remove 52 from office, for misconduct, any notary public appointed by him or her 53 but no such removal shall be made unless the person who is sought to be 54 removed shall have been served with a copy of the charges against him or 55 her and have an opportunity of being heard. No person shall be 56 appointed as a notary public under this article who has been convicted,S. 7508--A 91 A. 9508--A 1 in this state or any other state or territory, of a crime, unless the 2 secretary makes a finding in conformance with all applicable statutory 3 requirements, including those contained in article twenty-three-A of the 4 correction law, that such convictions do not constitute a bar to 5 appointment. 6 § 3. Section 440-a of the real property law, as amended by section 1 7 of subpart G of part II of chapter 55 of the laws of 2019, is amended to 8 read as follows: 9 § 440-a. License required for real estate brokers and salesmen. No 10 person, co-partnership, limited liability company or corporation shall 11 engage in or follow the business or occupation of, or hold himself or 12 itself out or act temporarily or otherwise as a real estate broker or 13 real estate salesman in this state without first procuring a license 14 therefor as provided in this article. No person shall be entitled to a 15 license as a real estate broker under this article, either as an indi- 16 vidual or as a member of a co-partnership, or as a member or manager of 17 a limited liability company or as an officer of a corporation, unless he 18 or she is twenty years of age or over[, a citizen of the United States19or an alien lawfully admitted for permanent residence in the United20States]. No person shall be entitled to a license as a real estate 21 salesman under this article unless he or she is over the age of eighteen 22 years. No person shall be entitled to a license as a real estate broker 23 or real estate salesman under this article who has been convicted in 24 this state or elsewhere of a crime, unless the secretary makes a finding 25 in conformance with all applicable statutory requirements, including 26 those contained in article twenty-three-A of the correction law, that 27 such convictions do not constitute a bar to licensure. No person shall 28 be entitled to a license as a real estate broker or real estate salesman 29 under this article who does not meet the requirements of section 3-503 30 of the general obligations law. 31 Notwithstanding anything to the contrary in this section, tenant asso- 32 ciations and not-for-profit corporations authorized in writing by the 33 commissioner of the department of the city of New York charged with 34 enforcement of the housing maintenance code of such city to manage resi- 35 dential property owned by such city or appointed by a court of competent 36 jurisdiction to manage residential property owned by such city shall be 37 exempt from the licensing provisions of this section with respect to the 38 properties so managed. 39 § 4. Subdivision 1 of section 72 of the general business law, as 40 amended by chapter 164 of the laws of 2003, is amended to read as 41 follows: 42 1. If the applicant is a person, the application shall be subscribed 43 by such person, and if the applicant is a firm or partnership the appli- 44 cation shall be subscribed by each individual composing or intending to 45 compose such firm or partnership. The application shall state the full 46 name, age, residences within the past three years, present and previous 47 occupations of each person or individual so signing the same, [that each48person or individual is a citizen of the United States or an alien49lawfully admitted for permanent residence in the United States] and 50 shall also specify the name of the city, town or village, stating the 51 street and number, if the premises have a street and number, and other- 52 wise such apt description as will reasonably indicate the location ther- 53 eof, where is to be located the principal place of business and the 54 bureau, agency, sub-agency, office or branch office for which the 55 license is desired, and such further facts as may be required by the 56 department of state to show the good character, competency and integrityS. 7508--A 92 A. 9508--A 1 of each person or individual so signing such application. Each person or 2 individual signing such application shall, together with such applica- 3 tion, submit to the department of state, his photograph, taken within 4 six months prior thereto in duplicate, in passport size and also two 5 sets of fingerprints of his two hands recorded in such manner as may be 6 specified by the secretary of state or the secretary of state's author- 7 ized representative. Before approving such application it shall be the 8 duty of the secretary of state or the secretary of state's authorized 9 representative to forward one copy of such fingerprints to the division 10 of criminal justice services. Upon receipt of such fingerprints, such 11 division shall forward to the secretary of state a report with respect 12 to the applicant's previous criminal history, if any, or a statement 13 that the applicant has no previous criminal history according to its 14 files. If additional copies of fingerprints are required the applicant 15 shall furnish them upon request. Such fingerprints may be submitted to 16 the federal bureau of investigation for a national criminal history 17 record check. The secretary shall reveal the name of the applicant to 18 the chief of police and the district attorney of the applicant's resi- 19 dence and of the proposed place of business and shall request of them a 20 report concerning the applicant's character in the event they shall have 21 information concerning it. The secretary shall take such other steps as 22 may be necessary to investigate the honesty, good character and integri- 23 ty of each applicant. Every such applicant for a license as private 24 investigator shall establish to the satisfaction of the secretary of 25 state (a) if the applicant be a person, or, (b) in the case of a firm, 26 limited liability company, partnership or corporation, at least one 27 member of such firm, partnership, limited liability company or corpo- 28 ration, has been regularly employed, for a period of not less than three 29 years, undertaking such investigations as those described as performed 30 by a private investigator in subdivision one of section seventy-one of 31 this article, as a sheriff, police officer in a city or county police 32 department, or the division of state police, investigator in an agency 33 of the state, county, or United States government, or employee of a 34 licensed private investigator, or has had an equivalent position and 35 experience or that such person or member was an employee of a police 36 department who rendered service therein as a police officer for not less 37 than twenty years or was an employee of a fire department who rendered 38 service therein as a fire marshal for not less than twenty years. Howev- 39 er, employment as a watchman, guard or private patrolman shall not be 40 considered employment as a "private investigator" for purposes of this 41 section. Every such applicant for a license as watch, guard or patrol 42 agency shall establish to the satisfaction of the secretary of state (a) 43 if the applicant be a person, or, (b) in the case of a firm, limited 44 liability company, partnership or corporation, at least one member of 45 such firm, partnership, limited liability company or corporation, has 46 been regularly employed, for a period of not less than two years, 47 performing such duties or providing such services as described as those 48 performed or furnished by a watch, guard or patrol agency in subdivision 49 two of section seventy-one of this article, as a sheriff, police officer 50 in a city or county police department, or employee of an agency of the 51 state, county or United States government, or licensed private investi- 52 gator or watch, guard or patrol agency, or has had an equivalent posi- 53 tion and experience; qualifying experience shall have been completed 54 within such period of time and at such time prior to the filing of the 55 application as shall be satisfactory to the secretary of state. The 56 person or member meeting the experience requirement under this subdivi-S. 7508--A 93 A. 9508--A 1 sion and the person responsible for the operation and management of each 2 bureau, agency, sub-agency, office or branch office of the applicant 3 shall provide sufficient proof of having taken and passed a written 4 examination prescribed by the secretary of state to test their under- 5 standing of their rights, duties and powers as a private investigator 6 and/or watchman, guard or private patrolman, depending upon the work to 7 be performed under the license. In the case of an application subscribed 8 by a resident of the state of New York such application shall be 9 approved, as to each resident person or individual so signing the same, 10 but not less than five reputable citizens of the community in which such 11 applicant resides or transacts business, or in which it is proposed to 12 own, conduct, manage or maintain the bureau, agency, sub-agency, office 13 or branch office for which the license is desired, each of whom shall 14 subscribe and affirm as true, under the penalties of perjury, that he 15 has personally known the said person or individual for a period of at 16 least five years prior to the filing of such application, that he has 17 read such application and believes each of the statements made therein 18 to be true, that such person is honest, of good character and competent, 19 and not related or connected to the person so certifying by blood or 20 marriage. In the case of an application subscribed by a non-resident of 21 the state of New York such application shall be approved, as to each 22 non-resident person or individual so signing the same by not less than 23 five reputable citizens of the community in which such applicant 24 resides. The certificate of approval shall be signed by such reputable 25 citizens and duly verified and acknowledged by them before an officer 26 authorized to take oaths and acknowledgment of deeds. All provisions of 27 this section, applying to corporations, shall also apply to joint-stock 28 associations, except that each such joint-stock association shall file a 29 duly certified copy of its certificate of organization in the place of 30 the certified copy of its certificate of incorporation herein required. 31 § 5. Subdivision 2 of section 81 of the general business law, as 32 amended by chapter 756 of the laws of 1952 and paragraph (b) as amended 33 by chapter 133 of the laws of 1982, is amended to read as follows: 34 2. No person shall hereafter be employed by any holder of a license 35 certificate until he shall have executed and furnished to such license 36 certificate holder a verified statement, to be known as "employee's 37 statement," setting forth: 38 (a) His full name, age and residence address. 39 (b) [That the applicant for employment is a citizen of the United40States or an alien lawfully admitted for permanent residence in the41United States.42(c)] The business or occupation engaged in for the three years imme- 43 diately preceding the date of the filing of the statement, setting forth 44 the place or places where such business or occupation was engaged in, 45 and the name or names of employers, if any. 46 [(d)] (c) That he has not been convicted of a felony or of any offense 47 involving moral turpitude or of any of the misdemeanors or offenses 48 described in subdivision one of this section. 49 [(e)] (d) Such further information as the department of state may by 50 rule require to show the good character, competency, and integrity of 51 the person executing the statement. 52 § 6. Subdivision 4 of section 89-h of the general business law, as 53 added by chapter 336 of the laws of 1992, is amended to read as follows: 54 [4. Citizenship: be a citizen or resident alien of the United States;] 55 § 7. This act shall take effect immediately; provided, however, 56 section two of this act shall take effect on the same date and in theS. 7508--A 94 A. 9508--A 1 same manner as section 36 of chapter 490 of the laws of 2019, takes 2 effect. 3 PART W 4 Section 1. Paragraph (c) of subdivision 1 of section 444-e of the real 5 property law, as amended by chapter 541 of the laws of 2019, is amended 6 to read as follows: 7 (c) have passed the National Home Inspector examination or an examina- 8 tion offered by the secretary, in any format, that in the judgment of 9 the secretary sufficiently tests such applicant to be engaged as a 10 professional home inspector; and 11 § 2. This act shall take effect immediately and shall apply to appli- 12 cations for a license as a professional home inspector received on or 13 after November 25, 2019. 14 PART X 15 Section 1. Paragraph (e) of section 104 of the business corporation 16 law, as amended by chapter 832 of the laws of 1982, is amended to read 17 as follows: 18 (e) If an instrument which is delivered to the department of state for 19 filing complies as to form with the requirements of law and there has 20 been attached to it the consent or approval of the state official, 21 department, board, agency or other body, if any, whose consent to or 22 approval of such instrument or the filing thereof is required by any 23 statute of this state and the filing fee and tax, if any, required by 24 any statute of this state in connection therewith have been paid, the 25 instrument shall be filed and indexed by the department of state. No 26 certificate of authentication or conformity or other proof shall be 27 required with respect to any verification, oath or acknowledgment of any 28 instrument delivered to the department of state under this chapter, if 29 such verification, oath or acknowledgment purports to have been made 30 before a notary public, or person performing the equivalent function, of 31 one of the states, or any subdivision thereof, of the United States or 32 the District of Columbia. Without limiting the effect of section four 33 hundred three of this chapter, filing and indexing by the department of 34 state shall not be deemed a finding that a certificate conforms to law, 35 nor shall it be deemed to constitute an approval by the department of 36 state of the name of the corporation or the contents of the certificate, 37 nor shall it be deemed to prevent any person with appropriate standing 38 from contesting the legality thereof in an appropriate forum. The 39 instrument's date of filing shall be the date the instrument was 40 received by the department of state for filing. An instrument that is 41 determined by the department of state to be unacceptable for filing 42 shall be returned to the person filing the instrument with an explana- 43 tion of the reason for the refusal to file. If the filer returns the 44 corrected instrument within thirty days from the date it was originally 45 received by the department of state and it is determined by the depart- 46 ment of state to be acceptable for filing, the instrument shall be filed 47 and indexed by the department of state and the filing date of the 48 instrument shall be the filing date that would have been applied had the 49 original instrument been acceptable for filing. 50 § 2. Paragraph (r) of section 104-A of the business corporation law is 51 REPEALED.S. 7508--A 95 A. 9508--A 1 § 3. Section 408 of the business corporation law, as amended by 2 section 3 of part S of chapter 59 of the laws of 2015 and paragraph 1 as 3 amended by chapter 747 of the laws of 2019, is amended to read as 4 follows: 5 § 408. Statement; filing. 6 1. [Except as provided in paragraph eight of this section, each] Each 7 domestic corporation, and each foreign corporation authorized to do 8 business in this state, shall, during the applicable filing period as 9 determined by subdivision three of this section, file a statement 10 setting forth: 11 (a) The name and business address of its chief executive officer. 12 (b) The street address of its principal executive office. 13 (c) The post office address within or without this state to which the 14 secretary of state shall mail a copy of any process against it served 15 upon him or her. Such address shall supersede any previous address on 16 file with the department of state for this purpose. 17 (d) The number of directors constituting the board and how many direc- 18 tors of such board are women. 19 2. [Except as provided in paragraph eight of this section, such] Such 20 statement shall be made on forms prescribed by the secretary of state, 21 and the information therein contained shall be given as of the date of 22 the execution of the statement. Such statement shall only request 23 reporting of information required under paragraph one of this section. 24 It shall be signed and delivered to the department of state. No fee 25 shall be collected for the filing of the statement. 26 3. [Except as provided in paragraph eight of this section, for] For 27 the purpose of this section the applicable filing period for a corpo- 28 ration shall be the calendar month during which its original certificate 29 of incorporation or application for authority were filed or the effec- 30 tive date thereof if stated. The applicable filing period shall only 31 occur: (a) annually, during the period starting on April 1, 1992 and 32 ending on March 31, 1994; and (b) biennially, during a period starting 33 on April 1 and ending on March 31 thereafter. Those corporations that 34 filed between April 1, 1992 and June 30, 1994 shall not be required to 35 file such statements again until such time as they would have filed, had 36 this subdivision not been amended. 37 4. The provisions of paragraph (g) of section one hundred four of this 38 chapter shall not be applicable to filings pursuant to this section. 39 5. The provisions of this section and section 409 of this article 40 shall not apply to a farm corporation. For the purposes of this subdivi- 41 sion, the term "farm corporation" shall mean any domestic corporation or 42 foreign corporation authorized to do business in this state under this 43 chapter engaged in the production of crops, livestock and livestock 44 products on land used in agricultural production, as defined in section 45 301 of the agriculture and markets law. [However, this exception shall46not apply to farm corporations that have filed statements with the47department of state which have been submitted through the department of48taxation and finance pursuant to paragraph eight of this section.] 49 6. No such statement shall be accepted for filing when a certificate 50 of resignation for receipt of process has been filed under section three 51 hundred six-A of this chapter unless the corporation has stated a 52 different address for process which does not include the name of the 53 party previously designated in the address for process in such certif- 54 icate. 55 7. A domestic corporation or foreign corporation may amend its state- 56 ment to change the information required by subparagraphs (a) and (b) ofS. 7508--A 96 A. 9508--A 1 paragraph one of this section. Such amendment shall be made on forms 2 prescribed by the secretary of state. It shall be signed and delivered 3 to the department of state. No fee shall be collected for the filing of 4 the amendment. 5 [8. (a) The commissioner of taxation and finance and the secretary of6state may agree to allow corporations to provide the statement specified7in paragraph one of this section on tax reports filed with the depart-8ment of taxation and finance in lieu of biennial statements. This agree-9ment may apply to tax reports due for tax years starting on or after10January first, two thousand sixteen.11(b) If the agreement described in subparagraph (a) of this paragraph12is made, each corporation required to file the statement specified in13paragraph one of this section that is also subject to tax under article14nine or nine-A of the tax law shall include such statement annually on15its tax report filed with the department of taxation and finance in lieu16of filing a statement under this section with the department of state17and in a manner prescribed by the commissioner of taxation and finance.18However, each corporation required to file a statement under this19section must continue to file the biennial statement required by this20section with the department of state until the corporation in fact has21filed a tax report with the department of taxation and finance that22includes all required information. After that time, the corporation23shall continue to deliver annually the statement specified in paragraph24one of this section on its tax report in lieu of the biennial statement25required by this section.26(c) If the agreement described in subparagraph (a) of this paragraph27is made, the department of taxation and finance shall deliver to the28department of state for filing the statement specified in paragraph one29of this section for each corporation that files a tax report containing30such statement. The department of taxation and finance must, to the31extent feasible, also include the current name of the corporation,32department of state identification number for such corporation, the33name, signature and capacity of the signer of the statement, name and34street address of the filer of the statement, and the email address, if35any, of the filer of the statement.] 36 § 4. Subdivision 4 of section 409 of the business corporation law is 37 REPEALED. 38 § 5. Subdivision 16 of section 96 of the executive law, as added by 39 chapter 561 of the laws of 1990, is amended to read as follows: 40 16. (a) Consistent with the provisions of the corporate laws of the 41 state of New York, the department of state [shall] may produce or 42 reproduce the content of any informational systems maintained pursuant 43 to such laws. The secretary of state shall establish the type and amount 44 of the reasonable fees to be collected by the department of state for 45 such informational systems. Such fees shall be subject to approval of 46 the director of the budget and shall be promulgated in the official 47 rules and regulations of the department of state in accordance with the 48 provisions of the state administrative procedure act. 49 (b) Notwithstanding paragraph (a) of this subdivision, the department 50 of state may make the content of any such information systems available 51 to the public on any website maintained by the department of state or by 52 this state without charge. 53 § 6. Section 209 of the limited liability company law is amended to 54 read as follows: 55 § 209. Filing with the department of state. A signed articles of 56 organization and any signed certificate of amendment or other certif-S. 7508--A 97 A. 9508--A 1 icates filed pursuant to this chapter or of any judicial decree of 2 amendment or cancellation shall be delivered to the department of state. 3 If the instrument that is delivered to the department of state for 4 filing complies as to form with the requirements of law and the filing 5 fee required by any statute of this state in connection therewith has 6 been paid, the instrument shall be filed and indexed by the department 7 of state. The department of state shall not review such articles or 8 certificates for legal sufficiency; its review shall be limited to 9 determining that the form has been completed. The instrument's date of 10 filing shall be the date the instrument was received by the department 11 of state for filing. An instrument that is determined by the department 12 of state to be unacceptable for filing shall be returned to the person 13 filing the instrument with an explanation of the reason for the refusal 14 to file. If the filer returns the corrected instrument within thirty 15 days from the date it was originally received by the department of state 16 and it is determined by the department of state to be acceptable for 17 filing, the instrument shall be filed and indexed by the department of 18 state and the filing date of the instrument shall be the filing date 19 that would have been applied had the original instrument been acceptable 20 for filing. 21 § 7. Subdivision (e) of section 301 of the limited liability company 22 law, as amended by section 5 of part S of chapter 59 of the laws of 23 2015, is amended to read as follows: 24 (e) [(1) Except as otherwise provided in this subdivision, every] 25 Every limited liability company to which this chapter applies, shall 26 biennially in the calendar month during which its articles of organiza- 27 tion or application for authority were filed, or effective date thereof 28 if stated, file on forms prescribed by the secretary of state, a state- 29 ment setting forth: 30 (i) the post office address within or without this state to which the 31 secretary of state shall mail a copy of any process accepted against it 32 served upon him or her. Such address shall supersede any previous 33 address on file with the department of state for this purpose; 34 (ii) the name and address of any managers appointed or elected in 35 accordance with the articles of organization or operating agreement; and 36 (iii) the name and address of the ten members with the largest 37 percentage ownership interest, as determined as of the time the state- 38 ment is filed by the department of state. No fee shall be collected for 39 the filing of the statement. 40 [(2) The commissioner of taxation and finance and the secretary of41state may agree to allow limited liability companies to include the42statement specified in paragraph one of this subdivision on tax reports43filed with the department of taxation and finance in lieu of biennial44statements and in a manner prescribed by the commissioner of taxation45and finance. If this agreement is made, starting with taxable years46beginning on or after January first, two thousand sixteen, each limited47liability company required to file the statement specified in paragraph48one of this subdivision that is subject to the filing fee imposed by49paragraph three of subsection (c) of section six hundred fifty-eight of50the tax law shall provide such statement annually on its filing fee51payment form filed with the department of taxation and finance in lieu52of filing a statement under this section with the department of state.53However, each limited liability company required to file a statement54under this section must continue to file the biennial statement required55by this section with the department of state until the limited liability56company in fact has filed a filing fee payment form with the departmentS. 7508--A 98 A. 9508--A 1of taxation and finance that includes all required information. After2that time, the limited liability company shall continue to provide annu-3ally the statement specified in paragraph one of this subdivision on its4filing fee payment form in lieu of the biennial statement required by5this subdivision.6(3) If the agreement described in paragraph two of this subdivision is7made, the department of taxation and finance shall deliver to the8department of state the statement specified in paragraph one of this9subdivision contained on filing fee payment forms. The department of10taxation and finance must, to the extent feasible, also include the11current name of the limited liability company, department of state iden-12tification number for such limited liability company, the name, signa-13ture and capacity of the signer of the statement, name and street14address of the filer of the statement, and the email address, if any, of15the filer of the statement.] 16 § 8. Subdivision (c) of section 1101 of the limited liability company 17 law is REPEALED. 18 § 9. Paragraph (e) of section 104 of the not-for-profit corporation 19 law, as amended by chapter 833 of the laws of 1982, is amended to read 20 as follows: 21 (e) If an instrument which is delivered to the department of state for 22 filing complies as to form with the requirements of law and there has 23 been attached to it the consent or approval of the supreme court 24 justice, governmental body or officer, or, other person or body, if any, 25 whose consent to or approval of such instrument or the filing thereof is 26 required by any statute of this state and the filing fee and tax, if 27 any, required by any statute of this state in connection therewith have 28 been paid, the instrument shall be filed and indexed by the department 29 of state. No certificate of authentication or conformity or other proof 30 shall be required with respect to any verification, oath or acknowledg- 31 ment of any instrument delivered to the department of state under this 32 chapter, if such verification, oath or acknowledgment purports to have 33 been made before a notary public, or person performing the equivalent 34 function, of one of the states, or any subdivision thereof, of the 35 United States or the District of Columbia. Without limiting the effect 36 of section four hundred three of this chapter, filing and indexing by 37 the department of state shall not be deemed a finding that a certificate 38 conforms to law, nor shall it be deemed to constitute an approval by the 39 department of state of the name of the corporation or the contents of 40 the certificate, nor shall it be deemed to prevent any person with 41 appropriate standing from contesting the legality thereof in an appro- 42 priate forum. The instrument's date of filing shall be the date the 43 instrument was received by the department of state for filing. An 44 instrument that is determined by the department of state to be unaccept- 45 able for filing shall be returned to the person filing the instrument 46 with an explanation of the reason for the refusal to file. If the filer 47 returns the corrected instrument within thirty days from the date it was 48 originally received by the department of state and it is determined by 49 the department of state to be acceptable for filing, the instrument 50 shall be filed and indexed by the department of state and the filing 51 date of the instrument shall be the filing date that would have been 52 applied had the original instrument been acceptable for filing. 53 § 10. Section 121-206 of the partnership law, as added by chapter 950 54 of the laws of 1990, is amended to read as follows: 55 § 121-206. Filing with the department of state. A signed certificate 56 of limited partnership and any signed certificates of amendment or otherS. 7508--A 99 A. 9508--A 1 certificates filed pursuant to this article or of any judicial decree of 2 amendment or cancellation shall be delivered to the department of state. 3 If the instrument which is delivered to the department of state for 4 filing complies as to form with the requirements of law and the filing 5 fee required by any statute of this state in connection therewith has 6 been paid, the instrument shall be filed and indexed by the department 7 of state. The instrument's date of filing shall be the date the instru- 8 ment was received by the department of state for filing. An instrument 9 that is determined by the department of state to be unacceptable for 10 filing shall be returned to the person filing the instrument with an 11 explanation of the reason for the refusal to file. If the filer returns 12 the corrected instrument within thirty days from the date it was 13 originally received by the department of state and it is determined by 14 the department of state to be acceptable for filing, the instrument 15 shall be filed and indexed by the department of state and the filing 16 date of the instrument shall be the filing date that would have been 17 applied had the original instrument been acceptable for filing. 18 § 11. Subdivision (e) of section 121-1500 of the partnership law, as 19 added by chapter 576 of the laws of 1994, is amended to read as follows: 20 (e) If the signed registration or other instrument delivered to the 21 department of state for filing complies as to form with the requirements 22 of law and the filing fee required by any statute of this state has been 23 paid, the [registration] instrument shall be filed and indexed by the 24 department of state. The instrument's date of filing shall be the date 25 the instrument was received by the department of state for filing. An 26 instrument that is determined by the department of state to be unaccept- 27 able for filing shall be returned to the person filing the instrument 28 with an explanation of the reason for the refusal to file. If the filer 29 returns the corrected instrument within thirty days from the date it was 30 originally received by the department of state and it is determined by 31 the department of state to be acceptable for filing, the instrument 32 shall be filed and indexed by the department of state and the filing 33 date of the instrument shall be the filing date that would have been 34 applied had the original instrument been acceptable for filing. 35 § 12. Subdivision (g) of section 121-1500 of the partnership law, as 36 amended by section 8 of part S of chapter 59 of the laws of 2015, is 37 amended to read as follows: 38 (g) Each registered limited liability partnership shall, within sixty 39 days prior to the fifth anniversary of the effective date of its regis- 40 tration and every five years thereafter, furnish a statement to the 41 department of state setting forth: (i) the name of the registered limit- 42 ed liability partnership, (ii) the address of the principal office of 43 the registered limited liability partnership, (iii) the post office 44 address within or without this state to which the secretary of state 45 shall mail a copy of any process accepted against it served upon him or 46 her, which address shall supersede any previous address on file with the 47 department of state for this purpose, and (iv) a statement that it is 48 eligible to register as a registered limited liability partnership 49 pursuant to subdivision (a) of this section. The statement shall be 50 executed by one or more partners of the registered limited liability 51 partnership. [The statement shall be accompanied by a fee of twenty52dollars if submitted directly to the department of state. The commis-53sioner of taxation and finance and the secretary of state may agree to54allow registered limited liability partnerships to provide the statement55specified in this subdivision on tax reports filed with the department56of taxation and finance in lieu of statements filed directly with theS. 7508--A 100 A. 9508--A 1secretary of state and in a manner prescribed by the commissioner of2taxation and finance. If this agreement is made, starting with taxable3years beginning on or after January first, two thousand sixteen, each4registered limited liability partnership required to file the statement5specified in this subdivision that is subject to the filing fee imposed6by paragraph three of subsection (c) of section six hundred fifty-eight7of the tax law shall provide such statement annually on its filing fee8payment form filed with the department of taxation and finance in lieu9of filing a statement under this subdivision with the department of10state. However, each registered limited liability partnership required11to file a statement under this section must continue to file a statement12with the department of state as required by this section until the13registered limited liability partnership in fact has filed a filing fee14payment form with the department of taxation and finance that includes15all required information. After that time, the registered limited16liability partnership shall continue to provide annually the statement17specified in this subdivision on its filing fee payment form in lieu of18the statement required by this subdivision. The commissioner of taxation19and finance shall deliver the completed statement specified in this20subdivision to the department of state for filing. The department of21taxation and finance must, to the extent feasible, also include in such22delivery the current name of the registered limited liability partner-23ship, department of state identification number for such registered24limited liability partnership, the name, signature and capacity of the25signer of the statement, name and street address of the filer of the26statement, and the email address, if any, of the filer of the state-27ment.] No fee shall be collected for the filing of the statement. If a 28 registered limited liability partnership shall not timely file the 29 statement required by this subdivision, the department of state may, 30 upon sixty days' notice mailed to the address of such registered limited 31 liability partnership as shown in the last registration or statement or 32 certificate of amendment filed by such registered limited liability 33 partnership, make a proclamation declaring the registration of such 34 registered limited liability partnership to be revoked pursuant to this 35 subdivision. The department of state shall file the original proclama- 36 tion in its office and shall publish a copy thereof in the state regis- 37 ter no later than three months following the date of such proclamation. 38 [This shall not apply to registered limited liability partnerships that39have filed a statement with the department of state through the depart-40ment of taxation and finance.] Upon the publication of such proclamation 41 in the manner aforesaid, the registration of each registered limited 42 liability partnership named in such proclamation shall be deemed revoked 43 without further legal proceedings. Any registered limited liability 44 partnership whose registration was so revoked may file in the department 45 of state a statement required by this subdivision. The filing of such 46 statement shall have the effect of annulling all of the proceedings 47 theretofore taken for the revocation of the registration of such regis- 48 tered limited liability partnership under this subdivision and (1) the 49 registered limited liability partnership shall thereupon have such 50 powers, rights, duties and obligations as it had on the date of the 51 publication of the proclamation, with the same force and effect as if 52 such proclamation had not been made or published and (2) such publica- 53 tion shall not affect the applicability of the provisions of subdivision 54 (b) of section twenty-six of this chapter to any debt, obligation or 55 liability incurred, created or assumed from the date of publication of 56 the proclamation through the date of the filing of the statement withS. 7508--A 101 A. 9508--A 1 the department of state. If, after the publication of such proclamation, 2 it shall be determined by the department of state that the name of any 3 registered limited liability partnership was erroneously included in 4 such proclamation, the department of state shall make appropriate entry 5 on its records, which entry shall have the effect of annulling all of 6 the proceedings theretofore taken for the revocation of the registration 7 of such registered limited liability partnership under this subdivision 8 and (A) such registered limited liability partnership shall have such 9 powers, rights, duties and obligations as it had on the date of the 10 publication of the proclamation, with the same force and effect as if 11 such proclamation had not been made or published and (B) such publica- 12 tion shall not affect the applicability of the provisions of subdivision 13 (b) of section twenty-six of this chapter to any debt, obligation or 14 liability incurred, created or assumed from the date of publication of 15 the proclamation through the date of the making of the entry on the 16 records of the department of state. Whenever a registered limited 17 liability partnership whose registration was revoked shall have filed a 18 statement pursuant to this subdivision or if the name of a registered 19 limited liability partnership was erroneously included in a proclamation 20 and such proclamation was annulled, the department of state shall 21 publish a notice thereof in the state register. 22 § 13. Subdivision (d) of section 121-1502 of the partnership law, as 23 added by chapter 576 of the laws of 1994, is amended to read as follows: 24 (d) If a signed notice or other instrument delivered to the department 25 of state for filing complies as to form with the requirements of law and 26 the filing fee required by any statute of this state has been paid, the 27 [notice] instrument shall be filed and indexed by the department of 28 state. The instrument's date of filing shall be the date the instrument 29 was received by the department of state for filing. An instrument that 30 is determined by the department of state to be unacceptable for filing 31 shall be returned to the person filing the instrument with an explana- 32 tion of the reason for the refusal to file. If the filer returns the 33 corrected instrument within thirty days from the date it was originally 34 received by the department of state and it is determined by the depart- 35 ment of state to be acceptable for filing, the instrument shall be filed 36 and indexed by the department of state and the filing date of the 37 instrument shall be the filing date that would have been applied had the 38 original instrument been acceptable for filing. If a foreign limited 39 liability partnership that is a New York registered foreign limited 40 liability partnership dissolves, a foreign limited liability partnership 41 which is the successor to such New York registered foreign limited 42 liability partnership (i) shall not be required to file a new notice and 43 shall be deemed to have filed the notice filed by the New York regis- 44 tered foreign limited liability partnership pursuant to subdivision (a) 45 of this section, as well as any withdrawal notice filed pursuant to 46 subdivision (e) of this section, any statement or certificate of consent 47 filed pursuant to subdivision (f) of this section and any notice of 48 amendment filed pursuant to subdivision (i) of this section and (ii) 49 shall be bound by any revocation of status pursuant to subdivision (f) 50 of this section and any annulment thereof of the dissolved foreign 51 limited liability partnership that was a New York registered foreign 52 limited liability partnership. For purposes of this section, a foreign 53 limited liability partnership is a successor to a foreign limited 54 liability partnership that was a New York registered foreign limited 55 liability partnership if a majority of the total interests in the 56 current profits of such successor foreign limited liability partnershipS. 7508--A 102 A. 9508--A 1 are held by partners of the predecessor foreign limited liability part- 2 nership that was a New York registered foreign limited liability part- 3 nership who were partners of such predecessor partnership immediately 4 prior to the dissolution of such predecessor partnership. 5 § 14. Paragraph (I) of subdivision (f) of section 121-1502 of the 6 partnership law, as amended by section 9 of part S of chapter 59 of the 7 laws of 2015, is amended to read as follows: 8 (I) Each New York registered foreign limited liability partnership 9 shall, within sixty days prior to the fifth anniversary of the effective 10 date of its notice and every five years thereafter, furnish a statement 11 to the department of state setting forth: 12 (i) the name under which the New York registered foreign limited 13 liability partnership is carrying on or conducting or transacting busi- 14 ness or activities in this state, (ii) the address of the principal 15 office of the New York registered foreign limited liability partnership, 16 (iii) the post office address within or without this state to which the 17 secretary of state shall mail a copy of any process accepted against it 18 served upon him or her, which address shall supersede any previous 19 address on file with the department of state for this purpose, and (iv) 20 a statement that it is a foreign limited liability partnership. The 21 statement shall be executed by one or more partners of the New York 22 registered foreign limited liability partnership. [The statement shall23be accompanied by a fee of fifty dollars if submitted directly to the24department of state. The commissioner of taxation and finance and the25secretary of state may agree to allow New York registered foreign limit-26ed liability partnerships to provide the statement specified in this27paragraph on tax reports filed with the department of taxation and28finance in lieu of statements filed directly with the secretary of state29and in a manner prescribed by the commissioner of taxation and finance.30If this agreement is made, starting with taxable years beginning on or31after January first, two thousand sixteen, each New York registered32foreign limited liability partnership required to file the statement33specified in this paragraph that is subject to the filing fee imposed by34paragraph three of subsection (c) of section six hundred fifty-eight of35the tax law shall provide such statement annually on its filing fee36payment form filed with the department of taxation and finance in lieu37of filing a statement under this paragraph directly with the department38of state. However, each New York registered foreign limited liability39partnership required to file a statement under this section must contin-40ue to file a statement with the department of state as required by this41section until the New York registered foreign limited liability partner-42ship in fact has filed a filing fee payment form with the department of43taxation and finance that includes all required information. After that44time, the New York registered foreign limited liability partnership45shall continue to provide annually the statement specified in this para-46graph on its filing fee payment form in lieu of filing the statement47required by this paragraph directly with the department of state. The48commissioner of taxation and finance shall deliver the completed state-49ment specified in this paragraph to the department of state for filing.50The department of taxation and finance must, to the extent feasible,51also include in such delivery the current name of the New York regis-52tered foreign limited liability partnership, department of state iden-53tification number for such New York registered foreign limited liability54partnership, the name, signature and capacity of the signer of the55statement, name and street address of the filer of the statement, and56the email address, if any, of the filer of the statement.] No fee shallS. 7508--A 103 A. 9508--A 1 be collected for the filing of the statement. If a New York registered 2 foreign limited liability partnership shall not timely file the state- 3 ment required by this subdivision, the department of state may, upon 4 sixty days' notice mailed to the address of such New York registered 5 foreign limited liability partnership as shown in the last notice or 6 statement or certificate of amendment filed by such New York registered 7 foreign limited liability partnership, make a proclamation declaring the 8 status of such New York registered foreign limited liability partnership 9 to be revoked pursuant to this subdivision. [This shall not apply to New10York registered foreign limited liability partnerships that have filed a11statement with the department of state through the department of taxa-12tion and finance.] The department of state shall file the original proc- 13 lamation in its office and shall publish a copy thereof in the state 14 register no later than three months following the date of such proclama- 15 tion. Upon the publication of such proclamation in the manner aforesaid, 16 the status of each New York registered foreign limited liability part- 17 nership named in such proclamation shall be deemed revoked without 18 further legal proceedings. Any New York registered foreign limited 19 liability partnership whose status was so revoked may file in the 20 department of state a statement required by this subdivision. The filing 21 of such statement shall have the effect of annulling all of the 22 proceedings theretofore taken for the revocation of the status of such 23 New York registered foreign limited liability partnership under this 24 subdivision and (1) the New York registered foreign limited liability 25 partnership shall thereupon have such powers, rights, duties and obli- 26 gations as it had on the date of the publication of the proclamation, 27 with the same force and effect as if such proclamation had not been made 28 or published and (2) such publication shall not affect the applicability 29 of the laws of the jurisdiction governing the agreement under which such 30 New York registered foreign limited liability partnership is operating 31 (including laws governing the liability of partners) to any debt, obli- 32 gation or liability incurred, created or assumed from the date of publi- 33 cation of the proclamation through the date of the filing of the state- 34 ment with the department of state. If, after the publication of such 35 proclamation, it shall be determined by the department of state that the 36 name of any New York registered foreign limited liability partnership 37 was erroneously included in such proclamation, the department of state 38 shall make appropriate entry on its records, which entry shall have the 39 effect of annulling all of the proceedings theretofore taken for the 40 revocation of the status of such New York registered foreign limited 41 liability partnership under this subdivision and (1) such New York 42 registered foreign limited liability partnership shall have such powers, 43 rights, duties and obligations as it had on the date of the publication 44 of the proclamation, with the same force and effect as if such proclama- 45 tion had not been made or published and (2) such publication shall not 46 affect the applicability of the laws of the jurisdiction governing the 47 agreement under which such New York registered foreign limited liability 48 partnership is operating (including laws governing the liability of 49 partners) to any debt, obligation or liability incurred, created or 50 assumed from the date of publication of the proclamation through the 51 date of the making of the entry on the records of the department of 52 state. Whenever a New York registered foreign limited liability partner- 53 ship whose status was revoked shall have filed a statement pursuant to 54 this subdivision or if the name of a New York registered foreign limited 55 liability partnership was erroneously included in a proclamation andS. 7508--A 104 A. 9508--A 1 such proclamation was annulled, the department of state shall publish a 2 notice thereof in the state register. 3 § 15. Subdivision 5 of section 192 of the tax law is REPEALED. 4 § 16. Subdivision 15 of section 211 of the tax law is REPEALED. 5 § 17. Subparagraph (e) of paragraph 3 of subsection (c) of section 658 6 of the tax law is REPEALED. 7 § 18. Subsection (v) of section 1085 of the tax law is REPEALED. 8 § 19. Subsection (dd) of section 685 of the tax law is REPEALED. 9 § 20. This act shall become effective upon the development of a new 10 computerized filing system currently being developed by the department 11 of state; provided further, however, that the secretary of state shall 12 notify the legislative bill drafting commission upon the occurrence of 13 the development of a new computerized filing system being developed by 14 the department of state in order that the commission may maintain an 15 accurate and timely effective data base of the official text of the laws 16 of the state of New York in furtherance of effectuating the provisions 17 of section 44 of the legislative law and section 70-b of the public 18 officers law; and provided, however, sections two, three, four, six, 19 seven, eight, twelve, fourteen, fifteen, sixteen, seventeen, eighteen 20 and nineteen of this act shall take effect April 1, 2021. 21 PART Y 22 Section 1. Expenditures of moneys appropriated in a chapter of the 23 laws of 2020 to the department of agriculture and markets from the 24 special revenue funds-other/state operations, miscellaneous special 25 revenue fund-339, public service account shall be subject to the 26 provisions of this section. Notwithstanding any other provision of law 27 to the contrary, direct and indirect expenses relating to the department 28 of agriculture and markets' participation in general ratemaking 29 proceedings pursuant to section 65 of the public service law or certif- 30 ication proceedings pursuant to article 7 or 10 of the public service 31 law, shall be deemed expenses of the department of public service within 32 the meaning of section 18-a of the public service law. No later than 33 August 15, 2021, the commissioner of the department of agriculture and 34 markets shall submit an accounting of such expenses, including, but not 35 limited to, expenses in the 2020--2021 state fiscal year for personal 36 and non-personal services and fringe benefits, to the chair of the 37 public service commission for the chair's review pursuant to the 38 provisions of section 18-a of the public service law. 39 § 2. Expenditures of moneys appropriated in a chapter of the laws of 40 2020 to the department of state from the special revenue funds- 41 other/state operations, miscellaneous special revenue fund-339, public 42 service account shall be subject to the provisions of this section. 43 Notwithstanding any other provision of law to the contrary, direct and 44 indirect expenses relating to the activities of the department of 45 state's utility intervention unit pursuant to subdivision 4 of section 46 94-a of the executive law, including, but not limited to participation 47 in general ratemaking proceedings pursuant to section 65 of the public 48 service law or certification proceedings pursuant to article 7 or 10 of 49 the public service law, shall be deemed expenses of the department of 50 public service within the meaning of section 18-a of the public service 51 law. No later than August 15, 2021, the secretary of state shall submit 52 an accounting of such expenses, including, but not limited to, expenses 53 in the 2020--2021 state fiscal year for personal and non-personal 54 services and fringe benefits, to the chair of the public service commis-S. 7508--A 105 A. 9508--A 1 sion for the chair's review pursuant to the provisions of section 18-a 2 of the public service law. 3 § 3. Expenditures of moneys appropriated in a chapter of the laws of 4 2020 to the office of parks, recreation and historic preservation from 5 the special revenue funds-other/state operations, miscellaneous special 6 revenue fund-339, public service account shall be subject to the 7 provisions of this section. Notwithstanding any other provision of law 8 to the contrary, direct and indirect expenses relating to the office of 9 parks, recreation and historic preservation's participation in general 10 ratemaking proceedings pursuant to section 65 of the public service law 11 or certification proceedings pursuant to article 7 or 10 of the public 12 service law, shall be deemed expenses of the department of public 13 service within the meaning of section 18-a of the public service law. No 14 later than August 15, 2021, the commissioner of the office of parks, 15 recreation and historic preservation shall submit an accounting of such 16 expenses, including, but not limited to, expenses in the 2020--2021 17 state fiscal year for personal and non-personal services and fringe 18 benefits, to the chair of the public service commission for the chair's 19 review pursuant to the provisions of section 18-a of the public service 20 law. 21 § 4. Expenditures of moneys appropriated in a chapter of the laws of 22 2020 to the department of environmental conservation from the special 23 revenue funds-other/state operations, environmental conservation special 24 revenue fund-301, utility environmental regulation account shall be 25 subject to the provisions of this section. Notwithstanding any other 26 provision of law to the contrary, direct and indirect expenses relating 27 to the department of environmental conservation's participation in state 28 energy policy proceedings, or certification proceedings pursuant to 29 article 7 or 10 of the public service law, shall be deemed expenses of 30 the department of public service within the meaning of section 18-a of 31 the public service law. No later than August 15, 2021, the commissioner 32 of the department of environmental conservation shall submit an account- 33 ing of such expenses, including, but not limited to, expenses in the 34 2020--2021 state fiscal year for personal and non-personal services and 35 fringe benefits, to the chair of the public service commission for the 36 chair's review pursuant to the provisions of section 18-a of the public 37 service law. 38 § 5. Notwithstanding any other law, rule or regulation to the contra- 39 ry, expenses of the department of health public service education 40 program incurred pursuant to appropriations from the cable television 41 account of the state miscellaneous special revenue funds shall be deemed 42 expenses of the department of public service. No later than August 15, 43 2021, the commissioner of the department of health shall submit an 44 accounting of expenses in the 2020--2021 state fiscal year to the chair 45 of the public service commission for the chair's review pursuant to the 46 provisions of section 217 of the public service law. 47 § 6. Any expense deemed to be expenses of the department of public 48 service pursuant to sections one through four of this act shall not be 49 recovered through assessments imposed upon telephone corporations as 50 defined in subdivision 17 of section 2 of the public service law. 51 § 7. This act shall take effect immediately and shall be deemed to 52 have been in full force and effect on and after April 1, 2020. 53 PART ZS. 7508--A 106 A. 9508--A 1 Section 1. Section 25-a of the public service law, as added by section 2 2 of part X of chapter 57 of the laws of 2013, is amended to read as 3 follows: 4 § 25-a. Combination gas and electric corporations; administrative 5 sanctions; recovery of penalties. Notwithstanding sections twenty-four 6 and twenty-five of this article: 1. Every combination gas and electric 7 corporation and the officers thereof shall adhere to every provision of 8 this chapter and every order or regulation adopted under authority of 9 this chapter so long as the same shall be in force. 10 2. (a) The commission shall have the authority to assess a civil 11 penalty in an amount as set forth in this section and impose any other 12 required relief against a combination gas and electric corporation and 13 the officers thereof subject to the jurisdiction, supervision, or regu- 14 lation pursuant to this chapter [in an amount as set forth in this15section]. In determining the amount of any penalty to be assessed pursu- 16 ant to this section, the commission shall consider: (i) the seriousness 17 of the violation for which a penalty is sought; (ii) the nature and 18 extent of any previous violations for which penalties have been assessed 19 against the corporation or officer; (iii) whether there was knowledge of 20 the violation; (iv) the gross revenues and financial status of the 21 corporation; and (v) such other factors as the commission may deem 22 appropriate and relevant. The remedies provided by this subdivision are 23 in addition to any other remedies provided in law or equity. 24 (b) [Whenever the commission has reason to believe that a combination25gas and electric corporation or such officers thereof should be subject26to imposition of a civil penalty as set forth in this subdivision, it27shall notify such corporation or officer.] To inform the commission's 28 decision under this section, the department is authorized, pursuant to a 29 referral made by the chief executive officer of the department, to 30 commence a proceeding pursuant to this section upon issuance of a notice 31 of violation if it believes that a combination gas and electric corpo- 32 ration, or such officers thereof, may be subject to imposition of a 33 civil penalty as set forth in this subdivision and/or such other relief 34 as may be required to address such alleged violation. Such notice shall 35 include, but shall not be limited to: (i) the date and a brief 36 description of the facts and nature of each act or failure to act for 37 which such penalty is proposed; (ii) a list of each statute, regulation 38 or order that the [commission] department alleges has been violated; 39 [and] (iii) the amount of each penalty that the [commission] department 40 proposes [to assess] be assessed; and (iv) any proposed actions that the 41 department deems necessary to address such alleged violation or 42 violations. To further inform the commission's decision pursuant to this 43 subdivision, the department is authorized to undertake any additional 44 administrative or investigatory actions related to such violation or 45 violations, including but not limited to, service of an administrative 46 complaint, implementation of discovery, and the holding of evidentiary 47 hearings. 48 (c) [Whenever the commission has reason to believe that a combination49gas and electric corporation or such officers thereof should be subject50to imposition of a civil penalty or penalties as set forth in this51subdivision, the commission shall hold a hearing to demonstrate why the52proposed penalty or penalties should be assessed against such combina-53tion gas and electric corporation or such officers] Any assessment of 54 penalties, resolution of claims or imposition of other relief levied by 55 the department pursuant to an investigation or compliant proceedingS. 7508--A 107 A. 9508--A 1 commenced pursuant to paragraph (b) of this subdivision shall be subject 2 to review and approval by the commission. 3 3. Any combination gas and electric corporation determined by the 4 commission to have failed to [reasonably] comply, as shown by a prepon- 5 derance of the evidence, with a provision of this chapter, regulation or 6 an order adopted under authority of this chapter so long as the same 7 shall be in force shall forfeit a sum not exceeding the greater of one 8 hundred thousand dollars or two one-hundredths of one percent of the 9 annual intrastate gross operating revenue of the corporation, not 10 including taxes paid to and revenues collected on behalf of government 11 entities, constituting a civil penalty for each and every offense and, 12 in the case of a continuing violation, each day shall be deemed a sepa- 13 rate and distinct offense. 14 4. Notwithstanding the provisions of subdivision three of this 15 section, any such combination gas and electric corporation determined by 16 the commission to have failed to [reasonably] comply with a provision of 17 this chapter, or an order or regulation adopted under the authority of 18 this chapter specifically for the protection of human safety or 19 prevention of significant damage to real property, including, but not 20 limited to, the commission's code of gas safety regulations shall, if it 21 is determined by the commission by a preponderance of the evidence that 22 such safety violation caused or constituted a contributing factor in 23 bringing about: (a) a death or personal injury; or (b) damage to real 24 property in excess of fifty thousand dollars, forfeit a sum not to 25 exceed the greater of: 26 (i) two hundred fifty thousand dollars or three one-hundredths of one 27 percent of the annual intrastate gross operating revenue of the corpo- 28 ration, not including taxes paid to and revenues collected on behalf of 29 government entities, whichever is greater, constituting a civil penalty 30 for each separate and distinct offense; provided, however, that for 31 purposes of this paragraph, each day of a continuing violation shall not 32 be deemed a separate and distinct offense. The total period of a contin- 33 uing violation, as well as every distinct violation, shall be similarly 34 treated as a separate and distinct offense for purposes of this para- 35 graph; or 36 (ii) the maximum forfeiture determined in accordance with subdivision 37 three of this section. 38 5. Notwithstanding the provisions of subdivision three or four of this 39 section, a combination gas and electric corporation determined by the 40 commission to have failed to [reasonably] comply by a preponderance of 41 the evidence with a provision of this chapter, or an order or regulation 42 adopted under authority of this chapter, designed to protect the overall 43 reliability and continuity of electric service, including but not limit- 44 ed to the restoration of electric service following a major outage event 45 or emergency, shall forfeit a sum not to exceed the greater of: 46 (a) five hundred thousand dollars or four one-hundredths of one 47 percent of the annual intrastate gross operating revenue of the corpo- 48 ration, not including taxes paid to and revenues collected on behalf of 49 government entities, whichever is greater, constituting a civil penalty 50 for each separate and distinct offense; provided, however, that for 51 purposes of this paragraph each day of a continuing violation shall not 52 be deemed a separate and distinct offense. The total period of a contin- 53 uing violation, as well as every distinct violation shall be similarly 54 treated as a separate and distinct offense for purposes of this para- 55 graph; orS. 7508--A 108 A. 9508--A 1 (b) the maximum forfeiture determined in accordance with subdivision 2 three of this section. 3 6. Any officer of any combination gas and electric corporation deter- 4 mined by the commission to have violated the provisions of subdivision 5 three, four, or five of this section, and who knowingly violates a 6 provision of this chapter, regulation or an order adopted under authori- 7 ty of this chapter so long as the same shall be in force shall forfeit a 8 sum not to exceed one hundred thousand dollars constituting a civil 9 penalty for each and every offense and, in the case of a continuing 10 violation, each day shall be deemed a separate and distinct offense. 11 7. [Any such assessment may be compromised or discontinued by the12commission.] All moneys recovered pursuant to this section, together 13 with the costs thereof, shall be remitted to, or for the benefit of, the 14 ratepayers in a manner to be determined by the commission. 15 8. Upon a failure by a combination gas and electric corporation or 16 officer to remit any penalty assessed by the commission pursuant to this 17 section, the commission, through its counsel, may institute an action or 18 special proceeding to collect the penalty in a court of competent juris- 19 diction. 20 9. Any payment made by a combination gas and electric corporation or 21 the officers thereof as a result of an assessment as provided in this 22 section, and the cost of litigation and investigation related to any 23 such assessment, shall not be recoverable from ratepayers. 24 10. In construing and enforcing the provisions of this chapter relat- 25 ing to penalties, the act of any director, officer, agent or employee of 26 a combined gas and electric corporation acting within the scope of his 27 or her official duties or employment shall be deemed to be the act of 28 such corporation. 29 11. It shall be a violation of this chapter should a director, officer 30 or employee of a public utility company, corporation, person acting in 31 his or her official duties or employment, or an agent acting on behalf 32 of an employer take retaliatory personnel action such as discharge, 33 suspension, demotion, penalization or discrimination against an employee 34 for reporting a violation of a provision of this chapter [of] or an 35 order or regulation adopted under the authority of this chapter, includ- 36 ing, but not limited to, those governing safe and adequate service, 37 protection of human safety or prevention of significant damage to real 38 property, including, but not limited to, the commission's code of gas 39 safety. Nothing in this subdivision shall be deemed to diminish the 40 rights, privileges or remedies of any employee under any other law or 41 regulation, including but not limited to article twenty-C of the labor 42 law and section seventy-five-b of the civil service law, or under any 43 collective bargaining agreement or employment contract. 44 § 2. The public service law is amended by adding a new section 25-b to 45 read as follows: 46 § 25-b. Administrative actions against other regulated entities. 47 Notwithstanding any other provision of this chapter, section twenty- 48 five-a of this article shall apply in equal force to: (1) an electric 49 corporation as defined in subdivision thirteen of section two of this 50 chapter; (2) a gas corporation as defined in subdivision eleven of 51 section two of this chapter; (3) a cable television company or cable 52 television system as defined in subdivisions one and two of section two 53 hundred twelve of this chapter; (4) a telephone corporation as defined 54 in subdivision seventeen of section two of this chapter; (5) a steam 55 corporation as defined in subdivision twenty-two of section two of thisS. 7508--A 109 A. 9508--A 1 chapter; and (6) a water-works corporation as defined in subdivision 2 twenty-seven of section two of this chapter. 3 § 3. This act shall take effect immediately. 4 PART AA 5 Section 1. The public service law is amended by adding a new article 6 12 to read as follows: 7 ARTICLE 12 8 PROVISIONS RELATING TO INTERNET SERVICE PROVIDERS 9 Section 250. Definitions. 10 251. Prohibitions. 11 252. Consumer notice of service practices. 12 253. Annual certification. 13 254. Administration and enforcement. 14 255. Severability. 15 § 250. Definitions. For purposes of this article, the following terms 16 shall have the following meanings: 17 1. "Application-agnostic" means not differentiating on the basis of 18 source, destination, internet content, application, service, or device, 19 or class of internet content, application, service, or device. 20 2. "Application-specific differential pricing" means charging differ- 21 ent prices for internet traffic to customers on the basis of internet 22 content, application, service, or device, or class of internet content, 23 application, service, or device, but shall not include zero-rating. 24 3. "Broadband internet access service" means a mass-market retail 25 service by wire or radio provided to customers in the state of New York 26 that provides the capability to transmit data to, and receive data from, 27 all or substantially all internet endpoints, including any capabilities 28 that are incidental to and enable the operation of the communications 29 service, but excluding dial-up internet access service. "Broadband 30 internet access service" shall also encompass any service provided to 31 customers in the state of New York that provides a functional equivalent 32 of such service or that is used to evade the protections set forth in 33 this chapter. 34 4. "Class of internet content, application, service, or device" means 35 internet content, or a group of internet applications, services, or 36 devices, sharing a common characteristic, including, but not limited to, 37 sharing the same source or destination, belonging to the same type of 38 content, application, service, or device, using the same application or 39 transport-layer protocol, or having similar technical characteristics, 40 including, but not limited to, the size, sequencing, or timing of pack- 41 ets or sensitivity to delay. 42 5. "Content, applications, or services" means all internet traffic 43 transmitted to or from end users of a broadband internet access service, 44 including traffic that may not fit clearly into any of these categories. 45 6. "Edge provider" means any individual or entity that provides any 46 content, application, or service over the internet, and any individual 47 or entity that provides a device used for accessing any content, appli- 48 cation, or service over the internet. 49 7. "End user" means any individual or entity that uses a broadband 50 internet access service. 51 8. "Internet service provider" or "ISP" means a business that provides 52 broadband internet access service to an individual, corporation, govern- 53 ment, or other customer in the state of New York.S. 7508--A 110 A. 9508--A 1 9. "ISP traffic exchange" means the exchange of internet traffic 2 destined for, or originating from, an internet service provider's end 3 users between the internet service provider's network and another indi- 4 vidual or entity. 5 10. "Mass market" means a service marketed and sold on a standardized 6 basis to residential customers, small businesses, and other end-use 7 customers, including, but not limited to, schools, institutions of high- 8 er learning and libraries. 9 11. "Mobile broadband internet access" means a broadband internet 10 access service that serves end users primarily using mobile stations. 11 12. "Network management practice" means a practice that has a primari- 12 ly technical network management justification. 13 13. "Reasonable network management practice" means a network manage- 14 ment practice that is primarily used for, and tailored to, achieving a 15 legitimate network management purpose, taking into account the partic- 16 ular network architecture and technology of the broadband internet 17 access service. 18 14. "Third-party paid prioritization" means the management of an 19 internet service provider's network to directly or indirectly favor some 20 traffic over other traffic, including the use of techniques such as 21 traffic shaping, prioritization, resource reservation, or other forms of 22 preferential traffic management, either: 23 (a) in exchange for consideration, monetary or otherwise, from a third 24 party; or 25 (b) to benefit an affiliated entity. 26 15. "Zero-rating" means exempting some internet traffic from a custom- 27 er's data usage limitation. 28 § 251. Prohibitions. 1. Notwithstanding any inconsistent provisions of 29 this chapter, it shall be unlawful for an ISP, in providing broadband 30 internet access service in the state, to engage in any of the following 31 activities: 32 (a) Blocking lawful content, applications, services, or non-harmful 33 devices, subject to reasonable network management practices. 34 (b) Throttling, altering, restricting, interfering with, or otherwise 35 directly or indirectly favoring, disadvantaging, or discriminating 36 between lawful internet traffic on the basis of source, destination, 37 internet content, application, or service, or use of a non-harmful 38 device, or of class of internet content, application, service, or non- 39 harmful device, subject to reasonable network management practices. 40 (c) Engaging in third-party paid prioritization. 41 (d) Engaging in application-specific differential pricing or zero-rat- 42 ing in exchange for consideration, monetary or otherwise, by third 43 parties. 44 (e) Zero-rating some internet content, applications, services, or 45 devices in a category of internet content, applications, services, or 46 devices, but not the entire category. 47 (f) Engaging in application-specific differential pricing. 48 (g) Unreasonably interfering with, or unreasonably disadvantaging, 49 either an end user's ability to select, access, and use broadband inter- 50 net access service or lawful internet content, applications, services, 51 or devices of the end user's choice, subject to reasonable network 52 management practices. 53 (h) Engaging in practices with respect to, related to, or in 54 connection with ISP traffic exchange that has the purpose or effect of 55 circumventing or undermining the effectiveness of this section.S. 7508--A 111 A. 9508--A 1 (i) Engaging in deceptive or misleading marketing practices that 2 misrepresent the treatment of internet traffic, content, applications, 3 service or devices by the internet service provider, or that misrepre- 4 sent the performance characteristics or commercial terms of the broad- 5 band internet access service to its customers. 6 (j) Advertising, offering for sale or selling broadband internet 7 access service without prominently disclosing with specificity all 8 aspects of the service advertised, offered for sale or sold. 9 (k) Failing to publicly disclose accurate information regarding the 10 network management practices, performance, and commercial terms of its 11 broadband internet access services sufficient for consumers to make 12 informed choices regarding use of those services and for content, appli- 13 cation, service and device providers to develop, market and maintain 14 internet offerings. 15 (l) Offering or providing services other than broadband internet 16 access service that are delivered over the same last-mile connection as 17 the broadband internet access service, if those services satisfy any of 18 the following conditions: 19 (i) such services are marketed, provide or can be used as a functional 20 equivalent of broadband internet access service; 21 (ii) such services have the purpose or effect of circumventing or 22 undermining the effectiveness of this section; or 23 (iii) such services negatively affect the performance of broadband 24 internet access service. 25 2. (a) An internet service provider may offer different types of tech- 26 nical treatment to end users as part of its broadband internet access 27 service, without violating the provisions of subdivision one of this 28 section, if all of the following conditions exist: 29 (i) the different types of technical treatment are equally available 30 to all internet content, applications, services and devices, and all 31 classes of internet content, applications, services and devices, and the 32 internet service provider does not discriminate in the provision of the 33 different types of technical treatment on the basis of internet content, 34 application, service or device, or class of internet content, applica- 35 tion, service or device; 36 (ii) the internet service provider's end users are able to choose 37 whether, when, and for which internet content, applications, services, 38 or devices, or classes of internet content, applications, services, or 39 devices, to use each type of technical treatment; and 40 (iii) the internet service provider charges only its own broadband 41 internet access service customers for the use of the different types of 42 technical treatment. 43 (b) Any internet service provider offering different types of techni- 44 cal treatment pursuant to this subdivision shall notify the department 45 and provide the department with a sample of any service contract that it 46 offers to customers in the state of New York. 47 3. An internet service provider may zero-rate internet traffic in 48 application-agnostic ways, without violating the provisions of subdivi- 49 sion one of this section, provided that no consideration, monetary or 50 otherwise, is provided by any third party in exchange for the provider's 51 decision to zero-rate or to not zero-rate traffic. 52 4. Nothing in this section prohibits an ISP from meeting an obligation 53 to address the needs of emergency communications or law enforcement, 54 public safety or national security authorities, consistent with or as 55 permitted by applicable law, or limits the ISP's ability to do so.S. 7508--A 112 A. 9508--A 1 § 252. Consumer notice of service practices. An ISP providing broad- 2 band service in the state shall make publicly available an accurate 3 description of such ISP's network management practices, performance and 4 commercial terms of its broadband internet access service by posting 5 such description on an ISP controlled or maintained website, provided 6 that nothing in this section shall require ISPs to disclose confidential 7 business information or information that would compromise network secu- 8 rity. 9 § 253. Annual certification. Every ISP providing broadband service in 10 the state shall submit a certification to the department in a form and 11 manner specified by the commission, by July first, two thousand twenty- 12 one and annually thereafter. Such certification shall include, at a 13 minimum: 14 1. a statement indicating whether the ISP is in compliance with 15 sections two hundred fifty-one and two hundred fifty-two of this arti- 16 cle; 17 2. a description of such ISP's efforts in the preceding year to inform 18 end users of the provider's efforts to ensure net neutral service and 19 the address of the ISP's website where such information is provided; and 20 3. any other information required by rules promulgated by the depart- 21 ment and approved by the commission. 22 § 254. Administration and enforcement. 1. The commission shall be 23 authorized to promulgate any rules or regulations necessary to implement 24 the provisions of this article. 25 2. Violations of any duty imposed by this article shall be enforceable 26 by the commission. Any ISP that violates any provision of or fails to 27 perform any duty imposed pursuant to this article or any rule or regu- 28 lation promulgated pursuant thereto, or any final determination or order 29 of the commission made pursuant to this article shall be liable for a 30 civil penalty not to exceed five hundred dollars for each violation and 31 an additional penalty of not more than five hundred dollars for each day 32 during which such violation continues. 33 3. In addition to the authority granted to the commission pursuant to 34 this chapter, the attorney general may enforce the provisions of this 35 article to the extent permitted under section sixty-three of the execu- 36 tive law. 37 4. Nothing in this article shall preclude or prohibit any public or 38 private right of action relating to fraud or deceptive business prac- 39 tices. 40 § 255. Severability. The provisions of this article shall be severable 41 and if any phrase, clause, sentence or provision of this article, or the 42 applicability thereof to any person or circumstance shall be held inval- 43 id, the remainder of this article and the application thereof shall not 44 be affected thereby. 45 § 2. The state finance law is amended by adding a new section 169 to 46 read as follows: 47 § 169. Net neutrality. Each state agency shall enter into contracts 48 with only those internet service providers that have, by July first, two 49 thousand twenty-one, certified pursuant to section two hundred fifty- 50 three of the public service law that they are in compliance with 51 sections two hundred fifty-one and two hundred fifty-two of the public 52 service law. Each contract for internet services provided to a state 53 agency shall specifically require certification pursuant to section two 54 hundred fifty-three of the public service law and state that the inter- 55 net service provider may not block lawful content, applications, 56 services, non-harmful devices or applications that compete with otherS. 7508--A 113 A. 9508--A 1 services provided by such internet service provider. Any contract or 2 contract renewal entered into by a state agency shall include a binding 3 agreement consistent with the foregoing provisions, and no state agency 4 shall enter into a contract with an internet service provider, an agent 5 therefor or other entity offering to or procuring on behalf of the state 6 agency internet services unless such contract contains such a binding 7 agreement. 8 § 3. Subdivision 9 of section 160 of the state finance law, as amended 9 by chapter 106 of the laws of 2012, is amended to read as follows: 10 9. "State agency" or "state agencies" means all state departments, 11 boards, commissions, offices or institutions but excludes, however, for 12 the purposes of subdivision five of section three hundred fifty-five of 13 the education law, the state university of New York and excludes, for 14 the purposes of subdivision a of section sixty-two hundred eighteen of 15 the education law, the city university of New York; provided, however, 16 that the state university of New York and the city university of New 17 York shall be subject to the provisions of section one hundred sixty- 18 five-a and section one hundred sixty-nine of this article. Furthermore, 19 such term shall not include the legislature or the judiciary. 20 § 4. The public authorities law is amended by adding a new section 21 2878-c to read as follows: 22 § 2878-c. Net neutrality. After July first, two thousand twenty-one, 23 each state agency shall enter into contracts with only those internet 24 service providers that have, by such date, certified pursuant to section 25 two hundred fifty-three of the public service law that they are in 26 compliance with sections two hundred fifty-one and two hundred fifty-two 27 of the public service law. Each contract for internet services provided 28 to a state agency shall specifically require certification pursuant to 29 section two hundred fifty-three of the public service law and state that 30 the internet service provider may not block lawful content, applica- 31 tions, services, non-harmful devices or applications that compete with 32 other services provided by such internet service provider. Any contract 33 or contract renewal entered into by a state authority shall include a 34 binding agreement consistent with the foregoing provisions, and no state 35 authority shall enter into a contract with an internet service provider, 36 an agent therefor or other entity offering to or procuring on behalf of 37 the state authority internet services unless such contract contains such 38 a binding agreement. 39 § 5. Section 349 of the general business law is amended by adding a 40 new subdivision (k) to read as follows: 41 (k) In addition to the right of action granted to the attorney general 42 pursuant to this section, any person who has been injured by reason of 43 any violation of this section in relation to obligations imposed by 44 section two hundred fifty-one of the public service law may bring an 45 action to enjoin such unlawful act or practice, an action to recover 46 actual damages or five hundred dollars, whichever is greater, or both 47 such actions. The court may, in its discretion, increase the award of 48 damages to an amount not to exceed three times the actual damages if the 49 court finds the defendant willfully or knowingly violated this section. 50 The court may award reasonable attorneys' fees to a prevailing plain- 51 tiff. 52 § 6. This act shall take effect immediately. 53 PART BBS. 7508--A 114 A. 9508--A 1 Section 1. The general municipal law is amended by adding a new arti- 2 cle 13-E to read as follows: 3 ARTICLE 13-E 4 SMALL WIRELESS FACILITIES DEPLOYMENT 5 Section 300. Definitions. 6 301. Use of right of way for small wireless facilities and util- 7 ity poles. 8 302. Permitting process for small wireless facilities. 9 303. Access to municipal corporation poles within the right of 10 way. 11 304. Rates and fees. 12 305. Cable services. 13 306. Local authority. 14 307. Investor-owned electric utility poles. 15 308. Implementation. 16 309. Dispute resolution. 17 310. Indemnification, insurance, and bonding. 18 § 300. Definitions. For the purposes of this article, the following 19 terms shall have the following meanings unless the context indicates 20 otherwise: 21 1. "Antenna" means communications equipment that transmits or receives 22 electromagnetic radio frequency signals used in the provision of wire- 23 less services. 24 2. "Applicable codes" means the New York state uniform fire prevention 25 and building code as adopted, and as may be amended, pursuant to article 26 eighteen of the executive law. 27 3. "Applicant" means any person or entity that files an application 28 with a municipal corporation to install or modify wireless facilities on 29 behalf of a communications service provider or wireless provider. 30 4. "Application" means a request submitted by an applicant to a munic- 31 ipal corporation for a permit to collocate small wireless facilities; or 32 to approve the installation or modification of a utility pole or wire- 33 less support structure. 34 5. "Application fee" means the one-time fee charged to an applicant by 35 a municipal corporation for review of an application. The application 36 fee may not exceed the actual reasonable costs incurred by the municipal 37 corporation in connection with its review of the application. 38 6. "Pole" means a utility pole owned, managed or operated by or on 39 behalf of a municipal corporation. 40 7. "Collocate" means to install, mount, maintain, modify, operate, or 41 replace small wireless facilities on or adjacent to a wireless support 42 structure or utility pole. The term "collocation" has a corresponding 43 meaning. 44 8. "Communications facility" means the set of equipment and network 45 components, including wires, cables, and associated facilities used by a 46 cable operator, as defined in 47 U.S.C. Section 522(5); a telecommuni- 47 cations carrier, as defined in 47 U.S.C. Section 153(51); a provider of 48 information service, as defined in 47 U.S.C. Section 153(24); a wireless 49 services provider to provide communications services, including cable 50 service, as defined in 47 U.S.C. Section 522(6); telecommunications 51 service, as defined in 47 U.S.C. Section 153(53); an information 52 service, as defined in 47 U.S.C. Section 153(24); wireless service; or 53 other one-way or two-way communications service. 54 9. "Communications service provider" means a cable operator, as 55 defined in 47 U.S.C. § 522(5); a provider of information service, asS. 7508--A 115 A. 9508--A 1 defined in 47 U.S.C. § 153(24); a telecommunications carrier, as defined 2 in 47 U.S.C. § 153(51); or a wireless provider. 3 10. "Decorative pole" means a pole that is specially designed and 4 placed for aesthetic purposes and on which no appurtenances or attach- 5 ments, other than a small wireless facility, lighting, specially 6 designed informational or directional signage, or temporary holiday or 7 special event attachments, have been placed or are permitted to be 8 placed according to nondiscriminatory municipal rules or codes. 9 11. "FCC" means the Federal Communications Commission of the United 10 States. 11 12. "Fee" means a one-time, nonrecurring charge. 12 13. "Historic district" means a group of buildings, properties, or 13 sites that are either: (a) listed in the National Register of Historic 14 Places or formally determined eligible for listing by the Keeper of the 15 National Register, in accordance with Section VI.D.1.a.i-v of the 16 Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix 17 C; or (b) a registered historic district as defined in section ninety- 18 six-a of this chapter or article five-K of this chapter as of the effec- 19 tive date of this section. 20 14. "Law" means federal, state, or local law, statute, common law, 21 code, rule, regulation, order, or ordinance. 22 15. "Micro wireless facility" means a small wireless facility that 23 meets the following qualifications: (i) is not larger in dimension than 24 twenty-four inches in length, fifteen inches in width, and twelve inches 25 in height; and (ii) any exterior antenna is no longer than eleven inch- 26 es. 27 16. "Network interface device" means the telecommunications demarca- 28 tion and test point separating the wireless facility and the wireline 29 backhaul facility. 30 17. "Permit" means a written authorization required by a municipal 31 corporation to perform an action or initiate, continue, or complete a 32 project relating to the installation or modification of small wireless 33 facilities. 34 18. "Person" means an individual, corporation, limited liability 35 company, partnership, association, trust, or other entity or organiza- 36 tion, including a municipal corporation. 37 19. "Rate" means a recurring charge. 38 20. "Right of way" or "ROW" means the area on, below, or above a 39 public utility easement, roadway, highway, street, sidewalk, alley, or 40 similar property, but not including a federal interstate highway. 41 21. "Small wireless facility" means a wireless facility that meets 42 both of the following qualifications: (a) each wireless provider's 43 antenna could fit within an enclosure of no more than six cubic feet in 44 volume; and (b) all other wireless equipment associated with the wire- 45 less facility, whether ground or aerially mounted or attached to a util- 46 ity pole or wireless support structure, is cumulatively no more than 47 twenty-eight cubic feet in volume. The following types of associated 48 ancillary equipment are not included in the calculation of equipment 49 volume: electric meter, concealment elements, network interface device, 50 grounding equipment, power transfer switch, cut-off switch, converters, 51 amplifiers, splice cases, and vertical cable runs for the connection of 52 power and other services. 53 22. "Technically feasible" means that by virtue of engineering or 54 spectrum usage the proposed placement for a small wireless facility, or 55 its design, concealment measures, or site location can be implemented 56 without a reduction in the functionality of the small wireless facility.S. 7508--A 116 A. 9508--A 1 23. "Utility pole" means a pole or similar structure that is or may be 2 used in whole or in part or for wireline communications, electric 3 distribution, lighting, traffic control, signage, or a similar function, 4 or for the collocation of small wireless facilities; provided, however, 5 such term shall not include wireless support structures or electric 6 transmission structures. 7 24. "Wireless facility" means equipment at a fixed location that 8 enables wireless services between user equipment and a communications 9 network, including: (a) equipment associated with wireless communi- 10 cations; (b) radio transceivers; (c) antennas; (d) coaxial or fiber-op- 11 tic cable located on a utility pole or wireless support structure, imme- 12 diately adjacent to the utility pole or wireless support structure, or 13 directly associated with equipment located on the utility pole or wire- 14 less support structure; and (e) regular and backup power supplies and 15 rectifiers; and comparable equipment, regardless of technological 16 configuration. The term includes small wireless facilities, but does not 17 include: (i) the structure or improvements on, under, or within which 18 the equipment is collocated; (ii) wireline backhaul facilities; or (iii) 19 coaxial or fiber-optic cable that is between wireless structures or 20 utility poles or that is otherwise not immediately adjacent to or 21 directly associated with a particular antenna. 22 25. "Wireless infrastructure provider" means any person, including a 23 person authorized to provide telecommunications service in the state, 24 that builds or installs wireless communication transmission equipment, 25 wireless facilities or wireless support structures, but that is not a 26 wireless services provider. 27 26. "Wireless provider" means a wireless infrastructure provider or a 28 wireless services provider. 29 27. "Wireless services" means any services using licensed or unli- 30 censed spectrum including the use of Wi-Fi, whether at a fixed location 31 or mobile, provided to the public. 32 28. "Wireless services provider" means any person or entity that 33 provides wireless services. 34 29. "Wireless support structure" means a structure, such as a mono- 35 pole; tower, either guyed or self-supporting; billboard; building; or 36 other existing or proposed structure designed to support or capable of 37 supporting wireless facilities, other than a structure designed solely 38 for the collocation of small wireless facilities. Such term shall not 39 include a utility pole. 40 30. "Wireline backhaul facility" means an above-ground or underground 41 wireline facility used to transport communications data from a wireless 42 facility network interface device to a network. 43 § 301. Use of right of way for small wireless facilities and utility 44 poles. 1. Applicability. This section shall only apply to the activ- 45 ities of a wireless provider within the right of way to deploy small 46 wireless facilities and associated utility poles. 47 2. Exclusive use prohibited. A municipal corporation may not enter 48 into an exclusive arrangement with any person for use of the right of 49 way for the collocation of small wireless facilities or for the instal- 50 lation, operation, marketing, modification, maintenance or replacement 51 of utility poles. 52 3. Right of way rates and fees. A municipal corporation may only 53 charge a wireless provider a rate or fee for the use of the ROW with 54 respect to the collocation of small wireless facilities or the installa- 55 tion, maintenance, modification, operation, or replacement of a utility 56 pole in the right of way if the municipal corporation charges otherS. 7508--A 117 A. 9508--A 1 entities for use of the right of way. Notwithstanding the foregoing, a 2 municipal corporation is permitted, on a nondiscriminatory basis, to 3 refrain from charging any rate to a wireless provider for the use of the 4 right of way. The rate for use of the right of way is provided in 5 section three hundred four of this article. 6 4. Right of access. Subject to this section, a wireless provider shall 7 have the right, as a permitted use not subject to zoning review or 8 approval, to collocate small wireless facilities and to install, main- 9 tain, modify, operate and replace utility poles along, across, upon, and 10 under the right of way. Such structures and facilities shall be so 11 installed and maintained as not to obstruct or hinder the usual travel 12 or public safety on such right of way or obstruct the legal use of such 13 right of way by utilities. 14 5. Height limits. Each new or modified utility pole installed in the 15 right of way shall not exceed the greater of: (a) ten feet in height 16 above the tallest existing utility pole in place as of the effective 17 date of this article located within five hundred feet of the new pole in 18 the same municipal corporation's right of way; or (b) fifty feet above 19 ground level. New small wireless facilities in the right of way may not 20 extend: (i) more than ten feet above an existing utility pole in place 21 as of the effective date of this article; or (ii) for small wireless 22 facilities on a new utility pole, above the height permitted for a new 23 utility pole under this section. A wireless provider shall have the 24 right to collocate a small wireless facility and install, maintain, 25 modify, operate and replace a utility pole that exceeds these height 26 limits along, across, upon and under the right of way, subject to this 27 section and applicable zoning regulations. 28 6. Decorative poles. A wireless provider shall be permitted to collo- 29 cate on or replace decorative poles when necessary to deploy a small 30 wireless facility. A municipal corporation may require such collocation 31 or decorative pole replacement to reasonably conform to the design 32 aesthetics of the original decorative pole or poles, provided such 33 requirements are technically feasible. 34 7. Underground district. (a) A wireless provider shall comply with 35 written, objective, reasonable and nondiscriminatory requirements that 36 prohibit the installation of utility poles or wireless support struc- 37 tures in the right of way in an area designated solely for underground 38 communications and electric lines where: (i) the municipal corporation 39 has required all such lines to be placed underground no less than three 40 months prior to the submission of the application; (ii) utility poles 41 the municipal corporation allows to remain shall be made available to 42 wireless providers for the collocation of small wireless facilities, and 43 may be replaced by a wireless provider to accommodate the collocation of 44 small wireless facilities, in compliance with this article; and (iii) a 45 wireless provider may install a new utility pole in the designated area 46 that otherwise complies with this section when it is not able to provide 47 wireless service by collocating on a remaining utility pole or wireless 48 support structure. 49 (b) For small wireless facilities installed before a municipal corpo- 50 ration adopts requirements that communications and electric lines be 51 placed underground, such municipal corporation adopting such require- 52 ments shall: (i) permit a wireless provider to maintain the small wire- 53 less facilities in place subject to any applicable pole attachment 54 agreement with the utility pole owner; or (ii) permit the wireless 55 provider to replace the associated utility pole within fifty feet of the 56 prior location.S. 7508--A 118 A. 9508--A 1 8. Historic district. Subject to subdivision four of section three 2 hundred two of this article, a municipal corporation may require writ- 3 ten, objective, reasonable, technically feasible, nondiscriminatory and 4 technologically neutral design or concealment measures in a historic 5 district. No such design or concealment measures may have the effect of 6 materially inhibiting any provider's technology or service; nor may any 7 such measures be considered a part of the small wireless facility for 8 purposes of the size restrictions in the definition of small wireless 9 facility. 10 9. No discrimination. The municipal corporation, in the exercise of 11 its administration and regulation related to the management of the right 12 of way, must be competitively neutral with regard to other users of the 13 right of way. The municipal corporation's right of way regulations may 14 not be unreasonable or discriminatory and may not violate any applicable 15 law. 16 10. Damage and repair. The municipal corporation may require a wire- 17 less provider to repair all damage to the right of way directly caused 18 by the activities of the wireless provider in the right of way and to 19 return the right of way to its functional equivalence before the damage 20 pursuant to the competitively neutral, reasonable requirements and spec- 21 ifications of the municipal corporation. If the wireless provider fails 22 to make the repairs reasonably required by the municipal corporation 23 within a reasonable time after written notice, the municipal corporation 24 may affect those repairs and charge the applicable party the reasonable, 25 documented actual cost of such repairs. 26 11. Pole replacements and modifications. A wireless provider shall not 27 be required to replace or upgrade an existing utility pole except for 28 reasons of structural necessity or compliance with applicable codes. A 29 wireless provider may, with the permission of the pole owner, replace or 30 modify existing utility poles, but any such replacement or modification 31 shall be consistent with the design aesthetics of the utility pole or 32 poles being modified or replaced. 33 12. Permitted use. New, modified or replacement utility poles associ- 34 ated with a small wireless facility that meet the requirements of this 35 section are permitted uses subject to the permit process in subdivision 36 four of section three hundred two of this article and are not subject to 37 zoning review or approval. 38 13. Abandonment. A wireless provider is required to notify the munici- 39 pal corporation at least thirty days before its abandonment of a small 40 wireless facility. Following receipt of such notice, the municipal 41 corporation shall direct the wireless provider to remove all or any 42 portion of the small wireless facility that the municipal corporation 43 determines would be in the best interest of the public safety and public 44 welfare to remove. If the wireless provider fails to remove the aban- 45 doned facility within ninety days after such notice, the municipal 46 corporation may undertake to do so and recover the actual and reasonable 47 expenses of doing so from the wireless provider, its successors or 48 assigns. 49 § 302. Permitting process for small wireless facilities. 1. Applica- 50 bility. This section shall apply to the permitting of the collocation of 51 small wireless facilities by a wireless provider in or outside the right 52 of way as specified in subdivision three of this section and to the 53 permitting of the installation, modification, and replacement of associ- 54 ated utility poles by a wireless provider inside the right of way.S. 7508--A 119 A. 9508--A 1 2. General. Except as provided in this article, a municipal corpo- 2 ration may not prohibit, regulate, or charge for the collocation of 3 small wireless facilities that may be permitted in this section. 4 3. Zoning. Small wireless facilities shall be classified as permitted 5 uses and not subject to zoning review or approval if they are collocated 6 in the right of way in any zone. 7 4. Permits. A municipal corporation may require an applicant to obtain 8 one or more permits to collocate a small wireless facility or to install 9 a new, modified or replacement utility pole associated with a small 10 wireless facility as provided in subdivision four of section three 11 hundred one of this article, provided such permits are of general appli- 12 cability and do not apply exclusively to wireless facilities. A munici- 13 pal corporation shall receive applications for, process, and issue such 14 permits subject to the following requirements: 15 (a) a municipal corporation may not directly or indirectly require an 16 applicant to perform services or provide goods unrelated to the permit, 17 such as in-kind contributions to the municipal corporation including, 18 but not limited to, reserving fiber, conduit, or pole space for the 19 municipal corporation; 20 (b) an applicant shall not be required to provide more information to 21 obtain a permit than communications service providers that are not wire- 22 less providers, provided that an applicant may be required to include 23 construction and engineering drawings and information demonstrating 24 compliance with the criteria in paragraph (g) of this subdivision; 25 (c) a municipal corporation may not require the collocation of small 26 wireless facilities on any specific utility pole or category of poles or 27 require multiple antenna systems on a single utility pole; the use of 28 specific pole types or configurations when installing new or replacement 29 poles; or the underground placements of small wireless facilities that 30 are or are designated in an application to be pole-mounted or ground- 31 mounted; 32 (d) a municipal corporation may not limit the collocation of small 33 wireless facilities by minimum horizontal separation distance require- 34 ments from existing small wireless facilities, utility poles, or other 35 structures; 36 (e) a municipal corporation may require an applicant to include an 37 attestation that the small wireless facilities will be operational for 38 use by a wireless services provider within one year after the permit 39 issuance date, unless the municipal corporation applicant agree to 40 extend this period or delay is caused by lack of commercial power or 41 communications transport facilities to the site; 42 (f) within ten days of receipt of an application, a municipal corpo- 43 ration must determine and notify the applicant in writing whether the 44 application is complete. If an application is deemed incomplete, the 45 municipal corporation must specifically identify the missing information 46 in writing. The processing deadline in paragraph (g) of this subdivision 47 is tolled from the time the authority sends the notice of incompleteness 48 to the time the applicant provides the missing information. Such proc- 49 essing deadline may also be tolled upon agreement of the applicant and 50 the municipal corporation; 51 (g) municipal corporations shall process applications on a nondiscri- 52 minatory basis and such applications shall be deemed approved if the 53 municipal corporation fails to approve or deny the application within 54 sixty days of receipt of the application; 55 (h) a municipal corporation may deny a proposed collocation of a small 56 wireless facility or installation, modification or replacement of aS. 7508--A 120 A. 9508--A 1 utility pole that meets the requirements of subdivision five of section 2 three hundred one of this article only if the proposed application: (i) 3 materially interferes with the safe operation of traffic control equip- 4 ment; (ii) materially interferes with sight lines or clear zones for 5 transportation or pedestrians; (iii) materially interferes with compli- 6 ance with the Americans with Disabilities Act or similar federal or 7 state standards regarding pedestrian access or movement; (iv) fails to 8 comply with reasonable and nondiscriminatory horizontal spacing require- 9 ments of general application adopted by ordinance that concern the 10 location of ground-mounted equipment and new utility poles. Such spacing 11 requirements shall not prevent a wireless provider from serving any 12 location; (v) designates the location of a new utility pole for the 13 purpose of collocating a small wireless facility within seven feet in 14 any direction of an electrical conductor, unless the wireless provider 15 obtains the written consent of the power supplier that owns or manages 16 the electrical conductor; (vi) fails to comply with applicable codes; or 17 (vii) fails to comply with subdivision six, seven or eight of section 18 three hundred one of this article; 19 (i) the municipal corporation must document the basis for a denial, 20 including the specific code provisions on which the denial was based, 21 and send the documentation to the applicant on the day the authority 22 denies an application. The applicant may cure the deficiencies identi- 23 fied by the municipal corporation and resubmit the application within 24 thirty days of the denial without paying an additional application fee. 25 The municipal corporation shall approve or deny the revised application 26 within thirty days of resubmission and limit its review to the deficien- 27 cies cited in the denial. Any application not acted upon within thirty 28 days of resubmission shall be deemed approved; 29 (j) an applicant seeking to collocate small wireless facilities within 30 the jurisdiction of a single municipal corporation shall be allowed at 31 the applicant's discretion to file a consolidated application for up to 32 thirty small wireless facilities and receive a single permit for the 33 collocation of multiple small wireless facilities; provided, however, 34 the denial of one or more small wireless facilities in a consolidated 35 application shall not delay processing of any other small wireless 36 facilities in the same consolidated application. Solely for purposes of 37 calculating the number of small wireless facilities in a consolidated 38 application, a small wireless facility includes any utility pole on 39 which such small wireless facility will be collocated; 40 (k) installation or collocation for which a permit is granted pursuant 41 to this section shall be completed within one year after the permit 42 issuance date unless the municipal corporation and the applicant agree 43 to extend this period or a delay is caused by the lack of commercial 44 power or communications facilities at the site. Approval of an applica- 45 tion authorizes the applicant to: (i) undertake the installation or 46 collocation; and (ii) subject to applicable relocation requirements and 47 the applicant's right to terminate at any time, operate and maintain the 48 small wireless facilities and any associated utility pole covered by the 49 permit for a period of not less than ten years, which must be renewed 50 for equivalent durations so long as they are in compliance with the 51 criteria set forth in paragraph (g) of this subdivision; 52 (l) no municipal corporation may institute, either expressly or de 53 facto, a moratorium on: (i) filing, receiving, or processing applica- 54 tions; or (ii) issuing permits or other approvals, if any, for the 55 collocation of small wireless facilities or the installation, modifica-S. 7508--A 121 A. 9508--A 1 tion, or replacement of utility poles to support small wireless facili- 2 ties; and 3 (m) the approval of the installation, placement, or maintenance of a 4 small wireless facility pursuant to this section does not authorize the 5 installation, placement, maintenance, or operation of any other communi- 6 cations facility, including a wireline backhaul facility, in a right of 7 way. 8 5. When applications not required. A municipal corporation shall not 9 require an application for routine maintenance, the replacement of small 10 wireless facilities with small wireless facilities that are substantial- 11 ly similar or the same size or smaller, or the installation, placement, 12 maintenance, operation, or replacement of micro wireless facilities that 13 are suspended on cables that are strung between existing utility poles, 14 in compliance with the applicable codes. A municipal corporation may, 15 however, require a permit for work that requires excavation or closure 16 of sidewalks or vehicular lanes within the ROW for such activities. Such 17 a permit must be issued to the applicant on a non-discriminatory basis 18 upon terms and conditions applied to any other person's activities in 19 the right of way that require excavation, closing of sidewalks, or 20 vehicular lanes. 21 § 303. Access to municipal corporation poles within the right of way. 22 1. Applicability. This section shall apply to activities of the wireless 23 provider within the right of way. 24 2. Exclusive use prohibited. A person owning, managing, or controlling 25 municipal corporation poles in the right of way may not enter into an 26 exclusive arrangement with any person for the right to attach to such 27 poles. A person who purchases or otherwise acquires a municipal corpo- 28 ration pole is subject to the requirements of this section. 29 3. Allowances. A municipal corporation shall allow the collocation of 30 small wireless facilities on municipal corporation poles on nondiscrimi- 31 natory terms and conditions using the process in section three hundred 32 three of this article. 33 4. Rates. (a) The rates to collocate on municipal corporation poles 34 shall be nondiscriminatory regardless of the services provided by the 35 collocating wireless provider. 36 (b) The rate to collocate on municipal corporation poles is provided 37 in section three hundred four of this article. 38 5. Implementation, make-ready work. (a) The rates, fees, and terms and 39 conditions for the make-ready work to collocate on a municipal corpo- 40 ration pole must be nondiscriminatory, competitively neutral, and 41 commercially reasonable and must comply with this article. 42 (b) The municipal corporation shall provide a good faith estimate for 43 any make-ready work necessary to enable the pole to support the 44 requested collocation by a wireless provider, including pole replacement 45 if necessary, within sixty days after receipt of a complete application. 46 Make-ready work, including any pole replacement, shall be completed 47 within sixty days of written acceptance of the good faith estimate by 48 the applicant. A municipal corporation may require replacement of the 49 municipal corporation's pole only if it demonstrates that the colloca- 50 tion would make such pole structurally unsound. 51 (c) The person owning, managing, or controlling the municipal corpo- 52 ration's pole shall not require more make-ready work than required to 53 meet applicable codes or industry standards. Fees for make-ready work 54 shall not include costs related to pre-existing or prior damage or 55 noncompliance. Fees for make-ready work, including any pole replacement, 56 shall not exceed either actual costs or the amount charged to otherS. 7508--A 122 A. 9508--A 1 communications service providers for similar work and shall not include 2 any revenue or contingency-based consultant's fees or expenses of any 3 kind. 4 § 304. Rates and fees. 1. Applicability. This section shall govern a 5 municipal corporation's rates and fees for the placement of a small 6 wireless facility or associated utility pole. 7 2. Permissible rates and fees. A municipal corporation may not require 8 a wireless provider to pay any rates, fees, or compensation to the 9 municipal corporation or other person other than what is expressly 10 authorized by this article for the right to use or occupy a right of 11 way, for collocation of small wireless facilities on utility poles in 12 the right of way, or for the installation, maintenance, modification, 13 operation and replacement of utility poles in the right of way. 14 3. Application fees. A municipal corporation may charge an application 15 fee, so long as such fee is reasonable, nondiscriminatory, and recovers 16 no more than an authority's direct costs for processing an application; 17 provided however, no such fee shall exceed the following: (a) five 18 hundred dollars for the first five small wireless facilities on the same 19 application and one hundred dollars for each additional small wireless 20 facility on the same application; and (b) one thousand dollars for the 21 installation, modification or replacement of a utility pole together 22 with the collocation of an associated small wireless facility that are 23 permitted uses in accordance with the specifications set forth in subdi- 24 vision four of section three hundred two of this article. 25 4. Rates. (a) Right of way: a municipal corporation may charge for the 26 occupancy and use of the right of way, so long as such rate is reason- 27 able, nondiscriminatory, and does not exceed the greater of the authori- 28 ty's direct costs or twenty dollars per year per small wireless facili- 29 ty. 30 (b) Municipal corporation pole collocation rate: a municipal corpo- 31 ration may charge for collocation of a small wireless facility on a 32 municipal corporation pole, so long as such rate is reasonable, nondis- 33 criminatory, and does not exceed the greater of authority's direct costs 34 or two hundred fifty dollars per municipal corporation pole per year. 35 5. Rate or fee adjustment. Should a municipal corporation have an 36 existing rate or fee to construct, install, mount, maintain, modify, 37 operate, or replace a wireless facility or wireless support structure in 38 the right of way, including collocation in such right of way, controlled 39 by the municipal corporation and such rate or fee does not comply with 40 the requirements in this article, not later than the end of the next 41 fiscal year immediately succeeding the effective date of this article, 42 the municipal corporation shall implement a revised rate or fee to 43 ensure compliance with this article for all affected persons. 44 § 305. Cable services. This section applies to activities in the right 45 of way only. Nothing in this article shall be interpreted to allow any 46 entity to provide services regulated under 47 U.S.C. § 521 to 573 with- 47 out compliance with all laws applicable to such providers, nor shall 48 this article be interpreted to impose any new requirements on cable 49 providers for the provision of such service in this state. 50 § 306. Local authority. Subject to this article and applicable federal 51 law, a municipal corporation may continue to exercise zoning, land use, 52 planning and permitting authority within its territorial boundaries with 53 respect to wireless support structures and utility poles, including the 54 enforcement of applicable codes. A municipal corporation shall not have 55 or exercise any jurisdiction or authority over the design, engineering, 56 construction, installation, or operation of a small wireless facilityS. 7508--A 123 A. 9508--A 1 located in an interior structure or upon the site of a campus, stadium, 2 or athletic facility not owned or controlled by the municipal corpo- 3 ration, other than to require compliance with applicable codes. Nothing 4 in this article authorizes the state or any political subdivision, 5 including a municipal corporation, to require wireless facility deploy- 6 ment or to regulate wireless services. 7 § 307. Investor-owned electric utility poles. This article does not 8 apply to utility poles owned by an investor-owned utility, except as it 9 concerns a wireless provider's access to the right of way and permits 10 for the collocation of small wireless facilities on such utility poles. 11 § 308. Implementation. 1. Adoption. A municipal corporation may adopt 12 an ordinance that makes available to wireless providers rates, fees, and 13 other terms that comply with this article. Subject to the other 14 provisions of this section, in the absence of an ordinance or agreement 15 that fully complies with this article and until such a compliant ordi- 16 nance is adopted, if at all, a wireless provider may install and operate 17 small wireless facilities and associated utility poles under the 18 requirements of this article. A municipal corporation may not require a 19 wireless provider to enter into an agreement to implement this article, 20 but such agreements are permissible if voluntary and nondiscriminatory. 21 2. Ordinances and agreements. Ordinances and agreements implementing 22 this article are public/private arrangements and are matters of legiti- 23 mate and significant statewide concern. 24 3. Application. An agreement or ordinance that does not fully comply 25 with this article shall apply only to small wireless facilities and 26 associated utility poles that were operational before the effective date 27 of this article, and shall be deemed invalid and unenforceable beginning 28 on the one hundred eighty-first day after the effective date of this 29 article unless amended to fully comply with this article. If an agree- 30 ment or ordinance is invalid in accordance with this subdivision, small 31 wireless facilities and associated utility poles that became operational 32 before the effective date of this article, pursuant to such agreement or 33 ordinance, may remain installed and be operated under the requirements 34 of this article. 35 4. Invalid and unenforceable. An agreement or ordinance that applies 36 to small wireless facilities and associated utility poles that become 37 operational on or after the effective date of this article is invalid 38 and unenforceable unless it fully complies with this article. In the 39 absence of an ordinance or agreement that fully complies with this arti- 40 cle, a wireless provider may install and operate small wireless facili- 41 ties and associated utility poles in the right of way under the require- 42 ments of this article. 43 § 309. Dispute resolution. A court of competent jurisdiction shall 44 have jurisdiction to determine all disputes arising under this article. 45 Pending resolution of a dispute concerning rates for collocation of 46 small wireless facilities on municipal corporation poles, the person 47 owning or controlling the pole shall allow the collocating person to 48 collocate on its poles at annual rates of no more than twenty dollars 49 with rates to be trued up upon final resolution of the dispute. 50 § 310. Indemnification, insurance, and bonding. A municipal corpo- 51 ration may adopt reasonable indemnification, insurance and bonding 52 requirements related to small wireless facility and associated utility 53 pole permits subject to the requirements of this article. 54 1. Indemnification. A municipal corporation shall not require a wire- 55 less provider to indemnify and hold the municipal corporation and its 56 officers and employees harmless against any claims, lawsuits, judgments,S. 7508--A 124 A. 9508--A 1 costs, liens, losses, expenses or fees, except when a court of competent 2 jurisdiction has found that the negligence of the wireless provider 3 while installing, repairing, or maintaining caused the harm that created 4 such claims, lawsuits, judgments, costs, liens, losses, expenses, or 5 fees. 6 2. Insurance. A municipal corporation authority may require a wireless 7 provider to have in effect insurance coverage consistent with subdivi- 8 sion one of this section, so long as the municipal corporation imposes 9 similar requirements on other right of way users and such requirements 10 are reasonable and nondiscriminatory. (a) A municipal corporation may 11 not require a wireless provider to obtain insurance naming the municipal 12 corporation or its officers and employees an additional insured. 13 (b) A municipal corporation authority may require a wireless provider 14 to furnish proof of insurance, if required, prior to the effective date 15 of any permit issued for a small wireless facility. 16 3. Bonding. A municipal corporation may adopt bonding requirements for 17 small wireless facilities if the municipal corporation imposes similar 18 requirements in connection with permits issued for other right of way 19 users. 20 (a) The purpose of such bonds shall be to: 21 (i) provide for the removal of abandoned or improperly maintained 22 small wireless facilities, including those that a municipal corporation 23 determines need to be removed to protect public health, safety, or 24 welfare; (ii) restoration of the right of way in connection with 25 removals under subdivision thirteen of section three hundred one of this 26 article; or (iii) to recoup rates or fees that have not been paid by a 27 wireless provider in over twelve months, so long as the wireless provid- 28 er has received reasonable notice from the municipal corporation of any 29 of the non-compliance listed above and an opportunity to cure. 30 (b) Bonding requirements may not exceed two hundred dollars per small 31 wireless facility. For wireless providers with multiple small wireless 32 facilities within the jurisdiction of a single municipal corporation, 33 the total bond amount across all facilities may not exceed ten thousand 34 dollars, which amount may be combined into one bond instrument. 35 § 2. The highway law is amended by adding a new section 24 to read as 36 follows: 37 24. Statewide master license agreement. The commissioner is hereby 38 authorized to enter into a statewide master license agreement with a 39 wireless provider for use and occupancy of the state right of way for 40 the purposes of installing communications facilities on utility or 41 department owned poles or new wireless provider owned poles. The commis- 42 sioner shall include elements in such an agreement he or she deems 43 appropriate to maintain the safety and effective management of state 44 roadways. Such statewide agreement may include a fee, not to exceed the 45 greater of the department's direct costs, or an amount set forth in the 46 agreement for use and occupancy of the right of way, per small wireless 47 facility as that term is defined in subdivision twenty-four of section 48 three hundred of the general municipal law. Nothing in this section 49 shall be deemed to prohibit the department from collecting any other fee 50 it has established for any other permit the department issues or any 51 other fee the department assesses any individual for any activity in the 52 department's normal course of business. 53 § 3. This act shall take effect on the thirtieth day after it shall 54 have become a law. 55 PART CCS. 7508--A 125 A. 9508--A 1 Section 1. Section 2 of chapter 584 of the laws of 2011, amending the 2 public authorities law relating to the powers and duties of the dormito- 3 ry authority of the state of New York relative to the establishment of 4 subsidiaries for certain purposes, as amended by section 1 of part X of 5 chapter 58 of the laws of 2018, is amended to read as follows: 6 § 2. This act shall take effect immediately and shall expire and be 7 deemed repealed on July 1, [2020] 2024; provided however, that the expi- 8 ration of this act shall not impair or otherwise affect any of the 9 powers, duties, responsibilities, functions, rights or liabilities of 10 any subsidiary duly created pursuant to subdivision twenty-five of 11 section 1678 of the public authorities law prior to such expiration. 12 § 2. This act shall take effect immediately. 13 PART DD 14 Section 1. Subdivision (a) of section 2 and section 3 of part F of 15 chapter 60 of the laws of 2015 constituting the infrastructure invest- 16 ment act, subdivision (a) of section 2 as amended by section 1 of part M 17 of chapter 39 of the laws of 2019, and section 3 as amended by section 3 18 of part RRR of chapter 59 of the laws of 2017, are amended to read as 19 follows: 20 (a) (i) "authorized state entity" shall mean the New York state thru- 21 way authority, the department of transportation, the office of parks, 22 recreation and historic preservation, the department of environmental 23 conservation [and], the New York state bridge authority, the office of 24 general services, the dormitory authority, the urban development corpo- 25 ration, the state university construction fund, the New York state Olym- 26 pic regional development authority and the battery park city authority. 27 (ii) Notwithstanding the provisions of subdivision 26 of section 1678 28 of the public authorities law, section 8 of the public buildings law, 29 sections 8 and 9 of section 1 of chapter 359 of the laws of 1968 as 30 amended, section 103 of the general municipal law, and the provisions of 31 any other law to the contrary, the term "authorized state entity" shall 32 also refer to only those agencies or authorities identified below solely 33 in connection with the following authorized projects, provided that such 34 an authorized state entity may utilize the alternative delivery method 35 referred to as design-build contracts solely in connection with the 36 following authorized projects should the total cost of each such project 37 not be less than five million dollars ($5,000,000): 38 Authorized Projects Authorized State Entity 39 1. Frontier Town Urban Development Corporation 40 2. Life Sciences Laboratory Dormitory Authority & Urban 41 Development Corporation 42 3. Whiteface Transformative Projects New York State Olympic Regional 43 Development Authority 44 4. Gore Transformative Projects New York State Olympic Regional 45 Development Authority 46 5. Belleayre Transformative Projects New York State Olympic Regional 47 Development Authority 48 6. Mt. Van Hoevenberg Transformative New York State Olympic RegionalS. 7508--A 126 A. 9508--A 1 Projects Development Authority 2 7. Olympic Training Center New York State Olympic Regional 3 Development Authority 4 8. Olympic Arena and Convention New York State Olympic Regional 5 Center Complex Development Authority 6 9. State Fair Revitalization Office of General 7 Projects Services 8 10. State Police Forensic Office of General 9 Laboratory Services 10 Notwithstanding any provision of law to the contrary, all rights or 11 benefits, including terms and conditions of employment, and protection 12 of civil service and collective bargaining status of all existing 13 employees of authorized state entities [solely in connection with the14authorized projects listed above,] shall be preserved and protected. 15 Nothing in this section 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 state entities to a contracting 22 entity; or (3) transfer of future duties and functions ordinarily 23 performed by employees of authorized state entities to the contracting 24 entity. Nothing contained herein shall be construed to affect (A) the 25 existing rights of employees pursuant to an existing collective bargain- 26 ing agreement, and (B) the existing representational relationships among 27 employee organizations or the bargaining relationships between the 28 employer and an employee organization. 29 If otherwise applicable, authorized projects undertaken by the author- 30 ized state entities listed above solely in connection with the 31 provisions of this act shall be subject to section 135 of the state 32 finance law, section 101 of the general municipal law, and section 222 33 of the labor law; provided, however, that an authorized state entity may 34 fulfill its obligations under section 135 of the state finance law or 35 section 101 of the general municipal law by requiring the contractor to 36 prepare separate specifications in accordance with section 135 of the 37 state finance law or section 101 of the general municipal law, as the 38 case may be. 39 § 3. Notwithstanding the provisions of section 38 of the highway law, 40 section 136-a of the state finance law, [section] sections 359, 1678, 41 1680, 1680-a and 2879-a of the public authorities law, [section] 42 sections 376, 407-a, 6281 and 7210 of the education law, sections 8 and 43 9 of the public buildings law, section 11 of chapter 795 of the laws of 44 1967, section 11 of section 1 of chapter 174 of the laws of 1968 as 45 amended, section 8 and 9 of section 1 of chapter 359 of the laws of 1968 46 as amended, section 29 of chapter 337 of the laws of 1972, section 21 of 47 chapter 464 of the laws of 1972, section 103 of the general municipal 48 law, and the provisions of any other law to the contrary, and in 49 conformity with the requirements of this act, an authorized state entity 50 may utilize the alternative delivery method referred to as design-build 51 contracts, in consultation with relevant local labor organizations and 52 construction industry, for capital projects located in the state related 53 to [the state's] physical infrastructure, including, but not limited to, 54 [the state's] highways, bridges, buildings and appurtenant structures, 55 dams, flood control projects, canals, and parks, including, but notS. 7508--A 127 A. 9508--A 1 limited to, to repair damage caused by natural disaster, to correct 2 health and safety defects, to comply with federal and state laws, stand- 3 ards, and regulations, to extend the useful life of or replace [the4state's] highways, bridges, buildings and appurtenant structures, dams, 5 flood control projects, canals, and parks or to improve or add to [the6state's] highways, bridges, buildings and appurtenant structures, dams, 7 flood control projects, canals, and parks; provided that for the 8 contracts executed by the department of transportation, the office of 9 parks, recreation and historic preservation, or the department of envi- 10 ronmental conservation, the total cost of each such project shall not be 11 less than ten million dollars ($10,000,000). 12 § 2. The opening paragraph and subdivision (a) of section 4 of part F 13 of chapter 60 of the laws of 2015 constituting the infrastructure 14 investment act, as amended by section 4 of part RRR of chapter 59 of the 15 laws of 2017, are amended to read as follows: 16 An entity selected by an authorized state entity to enter into a 17 design-build contract [shall] may be selected through a two-step method, 18 as follows: 19 (a) Step one. Generation of a list of entities that have demonstrated 20 the general capability to perform the design-build contract. Such list 21 shall consist of a specified number of entities, as determined by an 22 authorized state entity, and shall be generated based upon the author- 23 ized state entity's review of responses to a publicly advertised request 24 for qualifications. The authorized state entity's request for qualifica- 25 tions shall include a general description of the project, the maximum 26 number of entities to be included on the list, the selection criteria to 27 be used and the relative weight of each criteria in generating the list. 28 Such selection criteria shall include the qualifications and experience 29 of the design and construction team, organization, demonstrated respon- 30 sibility, ability of the team or of a member or members of the team to 31 comply with applicable requirements, including the provisions of arti- 32 cles 145, 147 and 148 of the education law, past record of compliance 33 with the labor law, and such other qualifications the authorized state 34 entity deems appropriate which may include but are not limited to 35 project understanding, financial capability and record of past perform- 36 ance. The authorized state entity shall evaluate and rate all entities 37 responding to the request for qualifications. Based upon such ratings, 38 the authorized state entity shall list the entities that shall receive a 39 request for proposals in accordance with subdivision (b) of this 40 section. To the extent consistent with applicable federal law, the 41 authorized state entity shall consider, when awarding any contract 42 pursuant to this section, the participation of: (i) firms certified 43 pursuant to article 15-A of the executive law as minority or women-owned 44 businesses and the ability of other businesses under consideration to 45 work with minority and women-owned businesses so as to promote and 46 assist participation by such businesses; [and] (ii) small business 47 concerns identified pursuant to subdivision (b) of section 139-g of the 48 state finance law; and (iii) firms certified pursuant to article 17-B of 49 the executive law as service-disabled veteran-owned businesses and the 50 ability of other businesses under consideration to work with service- 51 disabled veteran-owned businesses so as to promote and assist partic- 52 ipation by such businesses. 53 § 3. Sections 7 and 8 of part F of chapter 60 of the laws of 2015 54 constituting the infrastructure investment act are amended to read as 55 follows:S. 7508--A 128 A. 9508--A 1 § 7. If otherwise applicable, capital projects undertaken by the 2 authorized state entity pursuant to this act shall be subject to section 3 135 of the state finance law, section 101 of the general municipal law 4 and section 222 of the labor law; provided, however, that an authorized 5 state entity may fulfill its obligations under section 135 of the state 6 finance law or section 101 of the general municipal law by requiring the 7 contractor to prepare separate specifications in accordance with section 8 135 of the state finance law or section 101 of the general municipal 9 law, as the case may be. 10 § 8. Each contract entered into by the authorized state entity pursu- 11 ant to this section shall comply with the objectives and goals of minor- 12 ity and women-owned business enterprises pursuant to article 15-A of the 13 executive law and of service-disabled veteran-owned business enterprises 14 pursuant to article 17-B of the executive law or, for projects receiving 15 federal aid, shall comply with applicable federal requirements for 16 disadvantaged business enterprises. 17 § 4. Paragraph 3 of subdivision (a) and subdivision (b) of section 13 18 of part F of chapter 60 of the laws of 2015 constituting the infrastruc- 19 ture investment act, as amended by section 11 of part RRR of chapter 59 20 of the laws of 2017, are amended to read as follows: 21 3. (i) Utilizing a lump sum contract in which the contractor agrees to 22 accept a set dollar amount for a contract which comprises a single bid 23 without providing a cost breakdown for all costs such as for equipment, 24 labor, materials, as well as such contractor's profit for completing all 25 items of work comprising the project, which lump sum price may be nego- 26 tiated and established by the authorized state entity based on a 27 proposed guaranteed maximum price. 28 (ii) The design-build contract may include both lump sum elements and 29 cost-plus not to exceed guaranteed maximum price elements and may also 30 provide for professional services on a fee-for-service basis. 31 (b) Capital projects undertaken by an authorized state entity may 32 include an incentive clause in the contract for various performance 33 objectives, but the incentive clause shall not include an incentive that 34 exceeds the quantifiable value of the benefit received by the authorized 35 state entity. [The] Notwithstanding the provisions of sections 136 and 36 137 of the state finance law, the authorized state entity shall [estab-37lish] require such performance and payment bonds, or other form of 38 undertaking as it deems necessary. 39 § 5. Part F of chapter 60 of the laws of 2015 constituting the infras- 40 tructure investment act is amended by adding a new section 15-a to read 41 as follows: 42 § 15-a. Any contract awarded pursuant to this act shall be deemed to 43 be awarded pursuant to a competitive procurement for purposes of section 44 2879-a of the public authorities law. 45 § 6. Section 17 of part F of chapter 60 of the laws of 2015 constitut- 46 ing the infrastructure investment act, as amended by section 1 of part 47 WWW of chapter 59 of the laws of 2019, is amended to read as follows: 48 § 17. This act shall take effect immediately and shall expire and be 49 deemed repealed [6 years after such date] on July 1, 2023, provided 50 that, projects with requests for qualifications issued prior to such 51 repeal shall be permitted to continue under this act notwithstanding 52 such repeal. 53 § 7. This act shall take effect immediately; provided, however, that 54 the amendments to part F of chapter 60 of the laws of 2015 made by 55 sections one, two, three, four and five of this act shall not affect the 56 repeal of such part and shall be deemed to repeal therewith.S. 7508--A 129 A. 9508--A 1 PART EE 2 Section 1. Subdivision 3 of section 16-m of section 1 of chapter 174 3 of the laws of 1968 constituting the New York state urban development 4 corporation act, as amended by section 1 of part Z of chapter 58 of the 5 laws of 2019, is amended to read as follows: 6 3. The provisions of this section shall expire, notwithstanding any 7 inconsistent provision of subdivision 4 of section 469 of chapter 309 of 8 the laws of 1996 or of any other law, on July 1, [2020] 2021. 9 § 2. This act shall take effect immediately and shall be deemed to 10 have been in full force and effect on and after July 1, 2020. 11 PART FF 12 Section 1. Section 2 of chapter 393 of the laws of 1994, amending the 13 New York state urban development corporation act, relating to the powers 14 of the New York state urban development corporation to make loans, as 15 amended by section 1 of part Y of chapter 58 of the laws of 2019, is 16 amended to read as follows: 17 § 2. This act shall take effect immediately provided, however, that 18 section one of this act shall expire on July 1, [2020] 2021, at which 19 time the provisions of subdivision 26 of section 5 of the New York state 20 urban development corporation act shall be deemed repealed; provided, 21 however, that neither the expiration nor the repeal of such subdivision 22 as provided for herein shall be deemed to affect or impair in any manner 23 any loan made pursuant to the authority of such subdivision prior to 24 such expiration and repeal. 25 § 2. This act shall take effect immediately and shall be deemed to 26 have been in full force and effect on and after April 1, 2020. 27 PART GG 28 Section 1. Paragraph (a) of subdivision 11 of section 400 of the 29 economic development law, as amended by section 3 of part QQ of chapter 30 60 of the laws of 2016, is amended to read as follows: 31 (a) a correctional facility, as defined in paragraph (a) of subdivi- 32 sion four of section two of the correction law, that has been selected 33 by the governor of the state of New York for closure after April first, 34 two thousand eleven[but no later than March thirty-first, two thousand35twelve]; or 36 § 2. This act shall take effect immediately; provided, however, that 37 the amendments to section 400 of the economic development law made by 38 section one of this act shall not affect the repeal of such section and 39 shall be deemed repealed therewith. 40 PART HH 41 Section 1. Expenditures of moneys by the New York state energy 42 research and development authority for services and expenses of the 43 energy research, development and demonstration program, including 44 grants, the energy policy and planning program, the zero emissions vehi- 45 cle and electric vehicle rebate program, and the Fuel NY program shall 46 be subject to the provisions of this section. Notwithstanding the 47 provisions of subdivision 4-a of section 18-a of the public service law, 48 all moneys committed or expended in an amount not to exceed $22,700,000 49 shall be reimbursed by assessment against gas corporations, as definedS. 7508--A 130 A. 9508--A 1 in subdivision 11 of section 2 of the public service law and electric 2 corporations as defined in subdivision 13 of section 2 of the public 3 service law, where such gas corporations and electric corporations have 4 gross revenues from intrastate utility operations in excess of $500,000 5 in the preceding calendar year, and the total amount which may be 6 charged to any gas corporation and any electric corporation shall not 7 exceed one cent per one thousand cubic feet of gas sold and .010 cent 8 per kilowatt-hour of electricity sold by such corporations in their 9 intrastate utility operations in calendar year 2018. Such amounts shall 10 be excluded from the general assessment provisions of subdivision 2 of 11 section 18-a of the public service law. The chair of the public service 12 commission shall bill such gas and/or electric corporations for such 13 amounts on or before August 10, 2020 and such amounts shall be paid to 14 the New York state energy research and development authority on or 15 before September 10, 2020. Upon receipt, the New York state energy 16 research and development authority shall deposit such funds in the ener- 17 gy research and development operating fund established pursuant to 18 section 1859 of the public authorities law. The New York state energy 19 research and development authority is authorized and directed to: (1) 20 transfer up to $4 million to the state general fund for climate change 21 related services and expenses of the department of environmental conser- 22 vation, $150,000 to the state general fund for services and expenses of 23 the department of agriculture and markets, and $825,000 to the Universi- 24 ty of Rochester laboratory for laser energetics from the funds received; 25 and (2) commencing in 2016, provide to the chair of the public service 26 commission and the director of the budget and the chairs and secretaries 27 of the legislative fiscal committees, on or before August first of each 28 year, an itemized record, certified by the president and chief executive 29 officer of the authority, or his or her designee, detailing any and all 30 expenditures and commitments ascribable to moneys received as a result 31 of this assessment by the chair of the department of public service 32 pursuant to section 18-a of the public service law. This itemized 33 record shall include an itemized breakdown of the programs being funded 34 by this section and the amount committed to each program. The authority 35 shall not commit for any expenditure, any moneys derived from the 36 assessment provided for in this section, until the chair of such author- 37 ity shall have submitted, and the director of the budget shall have 38 approved, a comprehensive financial plan encompassing all moneys avail- 39 able to and all anticipated commitments and expenditures by such author- 40 ity from any source for the operations of such authority. Copies of the 41 approved comprehensive financial plan shall be immediately submitted by 42 the chair to the chairs and secretaries of the legislative fiscal 43 committees. Any such amount not committed by such authority to 44 contracts or contracts to be awarded or otherwise expended by the 45 authority during the fiscal year shall be refunded by such authority on 46 a pro-rata basis to such gas and/or electric corporations, in a manner 47 to be determined by the department of public service, and any refund 48 amounts must be explicitly lined out in the itemized record described 49 above. 50 § 2. This act shall take effect immediately and shall be deemed to 51 have been in full force and effect on and after April 1, 2020. 52 PART IIS. 7508--A 131 A. 9508--A 1 Section 1. The closing paragraph of subdivision 1 of section 161 of 2 the labor law, as added by chapter 105 of the laws of 2019, is amended 3 to read as follows: 4 Every person employed as a farm laborer shall be allowed at least 5 twenty-four consecutive hours of rest in each and every calendar week. 6 This requirement shall not apply to the employer or parent, child, 7 spouse or other member of the employer's immediate family. The term 8 "employer" shall have the same meaning as defined in paragraphs (a) and 9 (b) of subdivision two of section seven hundred one of this chapter. The 10 term "immediate family member" shall mean family related to the third 11 degree of consanguinity or affinity. Twenty-four consecutive hours spent 12 at rest because of circumstances, such as weather or crop conditions, 13 shall be deemed to constitute the rest required by this paragraph. No 14 provision of this paragraph shall prohibit a farm laborer from voluntar- 15 ily agreeing to work on such day of rest required by this paragraph, 16 provided that the farm laborer is compensated at an overtime rate which 17 is at least one and one-half times the laborer's regular rate of pay for 18 all hours worked on such day of rest. The term "farm labor" as used in 19 this section and sections one hundred sixty-two and one hundred sixty- 20 three-a of this article shall include all services performed in agricul- 21 tural employment in connection with cultivating the soil, or in 22 connection with raising or harvesting of agricultural commodities, 23 including the raising, shearing, caring for and management of livestock, 24 poultry or dairy. The day of rest authorized under this subdivision 25 should, whenever possible, coincide with the traditional day reserved by 26 the farm laborer for religious worship. 27 § 2. Section 163-a of the labor law, as added by chapter 105 of the 28 laws of 2019, is amended to read as follows: 29 § 163-a. Farm laborers. No person or corporation operating a farm 30 shall require any [employee] farm laborer to work more than sixty hours 31 in any calendar week; provided, however, that any overtime work 32 performed by a farm laborer shall be at a rate which is at least one and 33 one-half times the laborer's regular rate of pay. No wage order subject 34 to the provisions of this chapter shall be applicable to a farm laborer 35 other than a wage order established pursuant to section six hundred 36 seventy-four or six hundred seventy-four-a of this chapter. 37 § 3. Paragraph (c) of subdivision 3 of section 701 of the labor law, 38 as added by chapter 105 of the laws of 2019, is amended to read as 39 follows: 40 (c) The term "employee" shall also include farm laborers. "Farm labor- 41 ers" shall mean any individual engaged or permitted by an employer to 42 work on a farm, except the parent, spouse, child, or other member of the 43 employer's immediate family. The term "immediate family member" shall 44 mean family related to the third degree of consanguinity or affinity. 45 § 4. This act shall take effect immediately. 46 PART JJ 47 Section 1. Section 103 of the general municipal law is amended by 48 adding a new subdivision 9-b to read as follows: 49 9-b. Notwithstanding the foregoing provisions of this section to the 50 contrary, a board of education, on behalf of its school district, or a 51 board of cooperative educational services, that purchases goods and 52 services for the federal child nutrition programs may use its own 53 procurement procedures which adhere to applicable local laws and regu- 54 lations, provided that procurements made with nonprofit school foodS. 7508--A 132 A. 9508--A 1 account funds adhere to the standards set forth in the national school 2 lunch program (7 CFR 210), school breakfast program (7 CFR 220), summer 3 food service program (7 CFR 225), and in 2 CFR part 200, subpart D, as 4 applicable. 5 § 2. This act shall take effect immediately. 6 PART KK 7 Section 1. Subdivision 4 of section 1285-j of the public authorities 8 law is amended by adding a new closing paragraph to read as follows: 9 Subject to any applicable provisions of federal or state law, any 10 financial assistance at an interest rate of zero percent provided to 11 municipalities that meet the hardship criteria established pursuant to 12 section 17-1909 of the environmental conservation law, may have a final 13 maturity up to forty years following completion of the eligible project. 14 § 2. Subdivision 4 of section 1285-m of the public authorities law is 15 amended by adding a new closing paragraph to read as follows: 16 Subject to any applicable provisions of federal or state law, any 17 financial assistance at an interest rate of zero percent provided to 18 municipalities that meet the hardship criteria established pursuant to 19 title four of article eleven of the public health law, may have a final 20 maturity up to forty years following completion of the eligible project. 21 § 3. This act shall take effect immediately. 22 PART LL 23 Section 1. The banking law is amended by adding a new article 7 to 24 read as follows: 25 ARTICLE VII 26 LICENSED CONSUMER DEBT COLLECTORS 27 Section 295. Definitions. 28 296. License required; entities exempt. 29 297. Application for license; fees. 30 298. Surety bond required. 31 299. Examination; books and records; reports. 32 300. Prohibited acts. 33 301. Regulations; minimum standards. 34 302. Application for acquisition of control of a consumer debt 35 collector. 36 303. Suspension and revocation. 37 304. Bad actors. 38 § 295. Definitions. As used in this article: 39 1. "Applicant" means a consumer debt collector who has filed an appli- 40 cation to obtain a license under this article. 41 2. "Communication" and "communicate" means the conveying of informa- 42 tion regarding a debt directly or indirectly to any person through any 43 medium. 44 3. "Consumer debt" means any obligation of a natural person for the 45 payment of money or its equivalent which arises out of a transaction 46 which was primarily for personal, family, or household purposes. The 47 term includes an obligation of a natural person who is a co-maker, 48 endorser, guarantor or surety of such a transaction. 49 4. "Consumer debtor" means any natural person obligated or allegedly 50 obligated to pay any consumer debt. 51 5. "Consumer debt collector" means any person who engages in a busi- 52 ness, a principal purpose of which is the collection of consumer debtsS. 7508--A 133 A. 9508--A 1 or of debt buying, or who regularly collects or attempts to collect, 2 directly or indirectly, consumer debts owed or due to another person. 3 The term includes any creditor who, in the process of collecting its own 4 consumer debts, and uses any name other than its own which would reason- 5 ably indicate that a third person is collecting or attempting to collect 6 a consumer debt. 7 6. "Control" means the possession, direct or indirect, of the power to 8 direct or cause the direction of the management and policies of a 9 person, whether through the ownership of voting securities, by contract, 10 except a commercial contract for goods or non-management services, or 11 otherwise; but no person shall be deemed to control another person sole- 12 ly by reason of his or her being an officer or director of such other 13 person. Control shall be presumed to exist if any person directly or 14 indirectly owns, controls or holds with the power to vote ten percent or 15 more of the voting securities of any other person. 16 7. "Creditor" means any person to whom a consumer debt is owed. 17 8. "Licensee" means a consumer debt collector that possesses one or 18 more licenses pursuant to this article. 19 9. "Person" means a natural person or any entity, including but not 20 limited to any partnership, corporation, branch, agency, association, 21 organization, any similar entity or any combination of the foregoing 22 acting in concert. 23 § 296. License required; entities exempt. 1. No person shall act with- 24 in this state as a consumer debt collector, directly or indirectly, 25 without first obtaining a license from the superintendent. A consumer 26 debt collector is acting within this state if it is seeking to collect 27 from any consumer debtor that resides within this state. 28 2. No creditor may utilize the services of a consumer debt collector 29 to collect from a consumer debtor that resides within this state unless 30 the consumer debt collector is licensed by the superintendent. 31 3. The requirements of subdivisions one and two of this section shall 32 not apply to: 33 (a) an individual employed by a licensed consumer debt collector when 34 attempting to collect on behalf of such consumer debt collector; 35 (b) a person who receives funds in escrow for subsequent distribution 36 to others, including, but not limited to, a real estate broker or lender 37 holding funds of borrowers for payment of taxes or insurance; 38 (c) any public officer acting in their official capacity; 39 (d) a person who is principally engaged in the business of servicing 40 loans or accounts which are not delinquent for the owners thereof when 41 in addition to requesting payment from delinquent consumer debtors, the 42 person provides other services including receipt of payment, accounting, 43 record-keeping, data processing services and remitting, for loans or 44 accounts which are current as well as those which are delinquent; 45 (e) any person while serving or attempting to serve legal process on 46 any other person in connection with the judicial enforcement of any 47 debt; 48 (f) any non-profit organization which, at the request of a consumer 49 debtor, performs bona fide consumer credit counseling and assists 50 customers in the liquidation of their debts by receiving payments from 51 such consumer debtors and distributing such amounts to creditors; 52 (g) any national bank, federal reserve bank, or agency or division of 53 the federal government, or any person, partnership, association, corpo- 54 ration or other organization doing business under or pursuant to the 55 provisions of this chapter, or any insurer doing business under a 56 license issued under the insurance law; andS. 7508--A 134 A. 9508--A 1 (h) a subsidiary or affiliate of any national bank, federal reserve 2 bank, or agency or division of the federal government, or any person, 3 partnership, association, corporation or other organization doing busi- 4 ness under or pursuant to the provisions of this chapter or any insurer 5 doing business under a license issued under the insurance law, provided 6 such affiliate or subsidiary is not primarily engaged in the business of 7 purchasing and collecting upon delinquent debt, other than delinquent 8 debt secured by real property. 9 § 297. Application for license; fees. 1. (a) An application for a 10 license under this article shall be in writing, under oath, and in the 11 form prescribed by the superintendent and shall contain such information 12 as the superintendent may require. 13 (b) The superintendent may reject an application for a license or an 14 application for the renewal of a license if he or she is not satisfied 15 that the financial responsibility, character, reputation, integrity and 16 general fitness of the applicant and of the owners, partners or members 17 thereof, if the applicant be a partnership or association, and of the 18 officers and directors, if the applicant be a corporation, are such as 19 to command the confidence of the public and to warrant the belief that 20 the business for which the application for a license is filed will be 21 operated lawfully, honestly and fairly. 22 (c) In addition to any other information the superintendent may 23 require the application to also include a description of the activities 24 of the applicant, in such detail and for such periods, as the super- 25 intendent may establish. 26 2. At the time of making the application for a license, the applicant 27 shall pay to the superintendent a fee as prescribed pursuant to section 28 eighteen-a of this chapter for each proposed location, for investigating 29 the application. 30 3. In addition to any other fee imposed on an applicant or licensee, 31 every licensee shall pay to the superintendent the sums provided to be 32 paid under the provisions of section two hundred six of the financial 33 services law. 34 4. The license shall be for a period of one year as of the first of 35 September each year, or such other date as determined by the superinten- 36 dent by regulation. 37 5. Each license shall plainly state the name of the licensee and the 38 city or town with the name of the street and number, if any, of the 39 place where the business is to be carried on. A licensee shall not 40 change the location where the business of the licensee is to be carried 41 on without first obtaining the prior approval of the superintendent. A 42 request for relocation shall be in writing setting forth the reason for 43 the request, and shall be accompanied by a relocation investigation fee 44 to be determined pursuant to section eighteen-a of this chapter. 45 6. The business shall at all times be conducted in the name of the 46 licensee as it appears on the license. 47 7. The license shall not be transferable nor assignable. 48 8. The superintendent may participate in a multi-state licensing 49 system for the sharing of regulatory information and for the licensing 50 and application, by electronic or other means, of entities engaged in 51 the business of debt collection. The superintendent may establish 52 requirements for participation by an applicant in a multi-state licens- 53 ing system which may vary from the provisions of this section. The 54 superintendent may require a background investigation of each applicant 55 for a consumer debt collector license by means of fingerprint, which 56 shall be submitted by all applicants simultaneously with an applicationS. 7508--A 135 A. 9508--A 1 and which the superintendent may submit to the division of criminal 2 justice services and the federal bureau of investigations for state and 3 national criminal history record checks. If the applicant is a partner- 4 ship, association, corporation or other form of business organization, 5 the superintendent may require a background investigation for each 6 member, director and principal officer of the applicant and any individ- 7 ual acting as a manager of an office location. The applicant shall pay 8 directly to the multi-state licensing system any additional fees relat- 9 ing to participation in the multi-state licensing system. 10 § 298. Surety bond required. 1. A consumer debt collector shall be 11 required to file and maintain in force a surety bond, issued by a domes- 12 tic insurer, as a condition precedent to the issuance or renewal and 13 maintenance of a license under this article. The bond shall be for the 14 benefit of creditors who obtain a judgment from a court of competent 15 jurisdiction based on the failure of the consumer debt collector to 16 remit money collected on account and owed to the creditor. The bond 17 shall also be for the benefit of consumer debtors who obtain judgment 18 from a court of competent jurisdiction based on a violation by the 19 consumer debt collector of the federal Fair Debt Collection Practice Act 20 or any other New York law or federal law which is applicable to the 21 consumer debt collector. The bond shall be in a form prescribed by the 22 superintendent in the sum of twenty-five thousand dollars. The bond 23 shall be continuous in form and run concurrently with the original and 24 each renewal license period unless terminated by the insurance company. 25 An insurance company may terminate a bond and avoid further liability by 26 filing a notice of termination with the department sixty days prior to 27 the termination and at the same time sending the same notice to the 28 consumer debt collector. 29 2. A license shall be automatically cancelled on the termination date 30 of the bond unless a new bond is filed with the department to become 31 effective at the termination date of the prior bond. 32 3. If a license has been cancelled under this section, the consumer 33 debt collector must file a new application to obtain a license and will 34 be considered a new applicant if it obtains a new bond. 35 4. For the purposes of this section the term "domestic insurer" shall 36 have the same meaning as given in section one hundred seven of the 37 insurance law. If a bond required by this section is not reasonably 38 available from a domestic insurer the superintendent may, in his or her 39 discretion, permit, on a case by case basis or by order, consumer debt 40 collectors to obtain the bond required by this section from such other 41 entities licensed by the department as the superintendent deems appro- 42 priate. 43 § 299. Examination; books and records; reports. 1. For the purpose of 44 enforcing the provisions of this article and for ensuring the safe and 45 sound operation of the consumer debt collector business, the superinten- 46 dent may at any time, and as often as may be determined, either 47 personally or by a person duly appointed by the superintendent, investi- 48 gate the loans and business and examine the books, accounts, records, 49 and files used therein of every licensee. 50 2. The superintendent and duly designated representatives shall have 51 free access to the offices and place of business, books, accounts, 52 papers, records, audio recordings, files, safes and vaults of all such 53 licensees wherever located. The superintendent shall have authority to 54 require the attendance of and to examine under oath all persons whomsoe- 55 ver whose testimony may be required relative to such loans or such busi- 56 ness.S. 7508--A 136 A. 9508--A 1 3. The superintendent may also address to a licensee, or the officers 2 thereof, any inquiry in relation to its transactions, operations, or 3 conditions, or any matter connected therewith. Every person so addressed 4 shall reply in writing to such inquiry promptly and truthfully, and such 5 reply shall be, if required by the superintendent, subscribed by such 6 individual, or by such officer or officers of a corporation, as the 7 superintendent shall designate, and affirmed by them as true under the 8 penalties of perjury. 9 4. Each licensee shall keep and use in its business such books, 10 accounts, and records as will enable the superintendent to determine 11 whether such licensee is complying with the provisions of this article 12 and with the rules and regulations promulgated hereunder. Every licensee 13 shall preserve such books, accounts, and records, for at least five 14 years after making the final entry regarding a consumer debt. Preserva- 15 tion of photographic reproduction thereof or records in photographic 16 form, including an optical disk storage system and the use of electronic 17 data processing equipment that provides comparable records to those 18 otherwise required and which are available for examination upon request 19 shall constitute compliance with the requirements of this section. 20 5. Each licensee shall annually, on or before April first, file a 21 report with the superintendent giving such information as the super- 22 intendent may require concerning the business and operations during the 23 preceding calendar year of each licensed place of business conducted by 24 such licensee within the state under authority of this article. Such 25 report shall be subscribed and affirmed as true by the licensee under 26 the penalties of perjury and shall be in the form prescribed by the 27 superintendent. 28 6. In addition to annual reports, the superintendent may require such 29 additional regular or special reports as may be deemed necessary to the 30 proper supervision of licensees under this article. Such additional 31 reports shall be in the form prescribed by the superintendent and shall 32 be subscribed and affirmed as true under the penalties of perjury. 33 7. The expenses of every examination of the affairs of a consumer debt 34 collector subject to this section shall be borne and paid by the licen- 35 see. 36 § 300. Prohibited acts. 1. No consumer debt collector that is required 37 to be licensed under this article shall engage in unfair, unconsciona- 38 ble, deceptive, false, misleading, abusive, or unlawful acts or prac- 39 tices. 40 2. Without limiting the general application of the prohibited acts in 41 subdivision one of this section, it shall be unlawful for any consumer 42 debt collector to: 43 (a) engage in any act or practice which would be a violation of the 44 federal Fair Debt Collection Practice Act, any other New York law or 45 federal law which is applicable to the consumer debt collector, or any 46 act or practice which would be prohibited under section six hundred one 47 of the general business law if the consumer debt collector was a princi- 48 pal creditor; 49 (b) engage or retain the services of any person who, being required to 50 be licensed under this article, does not have a valid license issued by 51 the department; or 52 (c) cause any act to be done which violates this section. 53 3. No consumer debt collector licensed under this article shall: 54 (a) without the prior written and revocable consent of the consumer 55 debtor given directly to the debt collector or the express permission ofS. 7508--A 137 A. 9508--A 1 a court of competent jurisdiction, engage in any communication with a 2 consumer debtor in connection with the collection of any debts: 3 (i) at any unusual time or place or a time or place known or which 4 should be known to be inconvenient to the consumer debtor. In the 5 absence of knowledge of circumstances to the contrary, a debt collector 6 shall assume that the convenient time for communicating with a consumer 7 debtor is after eight o'clock antemeridian and before eight o'clock 8 postmeridian, local time at the consumer debtor's location; 9 (ii) if the debt collector knows the consumer debtor is represented by 10 an attorney with respect to such debt and has knowledge of, or can read- 11 ily ascertain, such attorney's name and address, unless the attorney 12 fails to respond within a reasonable period of time to a communication 13 from the debt collector or unless the attorney consents to direct commu- 14 nication with the consumer debtor; 15 (iii) at the consumer debtor's place of employment; 16 (iv) more than two times in a seven day period; 17 (v) by voicemail on to any telephone that is known or which reasonably 18 should be known may be received by someone other than the consumer 19 debtor; or 20 (vi) by means of electronic communications, including but not limited 21 to SMS text message, messaging applications on mobile telephones, elec- 22 tronic mail, Facebook, and other forms of social media. 23 (b) communicate with a consumer debtor by postcard; 24 (c) continue communication with a consumer debtor after the consumer 25 debt collector's first communication if the debt collector fails to send 26 the consumer debtor a notice in writing within five days of that first 27 communication, which such notice shall be promulgated by the superinten- 28 dent; or 29 (d) continue to communicate with a consumer debtor about a consumer 30 debt that the consumer debtor disputes without providing the consumer 31 debtor with documents that verify the disputed consumer debt. 32 § 301. Regulations; minimum standards. The superintendent may promul- 33 gate rules and regulations giving effect to the provisions of this arti- 34 cle. Such rules and regulations may include but shall not be limited to 35 the establishment of minimum standards to be observed by consumer debt 36 collectors acting within this state and further defining acts and prac- 37 tices which are unfair, unconscionable, deceptive, false, misleading, 38 abusive, or unlawful under section three hundred of this article. 39 § 302. Application for acquisition of control of a consumer debt 40 collector. 1. No person shall acquire control of a licensee under this 41 article without the prior approval of the superintendent. 42 2. Any person desirous of acquiring such control shall make written 43 application to the superintendent, such application shall be in such 44 form and shall contain such information, including the information 45 required under section two hundred ninety-seven of this article, as the 46 superintendent may require and such person, at the time of making such 47 application if not licensed, shall pay to the superintendent an investi- 48 gation fee as prescribed pursuant to section eighteen-a of this chapter. 49 3. In determining whether to approve or deny an application under this 50 section, the superintendent shall consider: 51 (a) whether the financial responsibility, experience, character, and 52 general fitness of the person seeking to acquire control, and of the 53 members thereof if such person be a partnership or association, and of 54 the officers, directors and controlling stockholders thereof if such 55 person be a corporation, are such as to command the confidence of theS. 7508--A 138 A. 9508--A 1 community and to warrant belief that the business will be operated 2 honestly, fairly, and efficiently within the purpose of this article; 3 (b) the effect the acquisition may have on competition; and 4 (c) whether the acquisition may be hazardous or prejudicial to consum- 5 er debtors or consumer creditors in this state. 6 4. If no such application has been made prior to the acquisition of 7 control, the license for each place of business maintained and operated 8 by the licensee shall, at the discretion of the superintendent, become 9 null and void and each such license shall be surrendered to the super- 10 intendent. 11 § 303. Suspension and revocation. In addition to any other power 12 provided by law, the superintendent may suspend or revoke the license of 13 a consumer debt collector, if after notice and an opportunity to be 14 heard, the superintendent finds that a consumer debt collector has: 15 1. committed any fraud, engaged in any dishonest activities or made 16 any misrepresentation; 17 2. violated any provisions of this chapter or any regulation issued 18 pursuant thereto, or has violated any other law in the course of its or 19 his dealings as a consumer debt collector; 20 3. made a false statement or material omission in the application for 21 a license under this article or failed to give a true reply to a ques- 22 tion in such application; or 23 4. demonstrated incompetency or untrustworthiness to act as a consumer 24 debt collector. 25 § 304. Bad actors. 1. In addition to any other power provided by law, 26 the superintendent may require any licensee to remove any director, 27 officer or employee or to refrain from engaging or retaining any inde- 28 pendent contractor or service provider if such director, officer, 29 employee, independent contractor or service provider has themselves had 30 a license under this chapter suspended or revoked, or has caused the 31 licensee to violate any provision of this chapter or regulations promul- 32 gated thereunder. 33 2. No person that is the subject of an order under this section remov- 34 ing them as a director, officer or employee or preventing a licensee 35 from engaging or retaining them as an independent contractor or service 36 provider, shall become engaged with any licensee without obtaining the 37 prior written approval of the superintendent. Nor shall such person fail 38 to disclose that it is the subject of an order under this section to any 39 licensee for which it is acting or seeking to act as a director, offi- 40 cer, employee, independent contractor or service provider. 41 § 2. Subdivision 10 of section 36 of the banking law, as amended by 42 section 2 of part L of chapter 58 of the laws of 2019, is amended to 43 read as follows: 44 10. All reports of examinations and investigations, correspondence and 45 memoranda concerning or arising out of such examination and investi- 46 gations, including any duly authenticated copy or copies thereof in the 47 possession of any banking organization, bank holding company or any 48 subsidiary thereof (as such terms "bank holding company" and "subsid- 49 iary" are defined in article three-A of this chapter), any corporation 50 or any other entity affiliated with a banking organization within the 51 meaning of subdivision six of this section and any non-banking subsid- 52 iary of a corporation or any other entity which is an affiliate of a 53 banking organization within the meaning of subdivision six-a of this 54 section, foreign banking corporation, licensed lender, licensed casher 55 of checks, licensed mortgage banker, registered mortgage broker, 56 licensed mortgage loan originator, licensed sales finance company,S. 7508--A 139 A. 9508--A 1 registered mortgage loan servicer, licensed student loan servicer, 2 licensed insurance premium finance agency, licensed transmitter of 3 money, licensed budget planner, licensed consumer debt collector, any 4 other person or entity subject to supervision under this chapter, or the 5 financial services law or the insurance law, or the department, shall be 6 confidential communications, shall not be subject to subpoena and shall 7 not be made public unless, in the judgment of the superintendent, the 8 ends of justice and the public advantage will be subserved by the publi- 9 cation thereof, in which event the superintendent may publish or author- 10 ize the publication of a copy of any such report or any part thereof in 11 such manner as may be deemed proper or unless such laws specifically 12 authorize such disclosure. For the purposes of this subdivision, 13 "reports of examinations and investigations, and any correspondence and 14 memoranda concerning or arising out of such examinations and investi- 15 gations", includes any such materials of a bank, insurance or securities 16 regulatory agency or any unit of the federal government or that of this 17 state any other state or that of any foreign government which are 18 considered confidential by such agency or unit and which are in the 19 possession of the department or which are otherwise confidential materi- 20 als that have been shared by the department with any such agency or unit 21 and are in the possession of such agency or unit. 22 § 3. Paragraph (a) of subdivision 1 of section 44 of the banking law, 23 as amended by section 4 of part L of chapter 58 of the laws of 2019, is 24 amended to read as follows: 25 (a) Without limiting any power granted to the superintendent under any 26 other provision of this chapter, the superintendent may, in a proceeding 27 after notice and a hearing, require any safe deposit company, licensed 28 lender, licensed casher of checks, licensed sales finance company, 29 licensed insurance premium finance agency, licensed transmitter of 30 money, licensed mortgage banker, licensed student loan servicer, regis- 31 tered mortgage broker, licensed mortgage loan originator, registered 32 mortgage loan servicer, licensed consumer debt collector or licensed 33 budget planner to pay to the people of this state a penalty for any 34 violation of this chapter, any regulation promulgated thereunder, any 35 final or temporary order issued pursuant to section thirty-nine of this 36 article, any condition imposed in writing by the superintendent in 37 connection with the grant of any application or request, or any written 38 agreement entered into with the superintendent. 39 § 4. The opening paragraph of subdivision (a) of section 3218 of the 40 civil practice law and rules, as amended by chapter 311 of the laws of 41 1963, is amended to read as follows: 42 Affidavit of defendant. Except as provided in section thirty-two 43 hundred one of this article and subdivision (e) of this section, a judg- 44 ment by confession may be entered, without an action, either for money 45 due or to become due, or to secure the plaintiff against a contingent 46 liability in behalf of the defendant, or both, upon an affidavit 47 executed by the defendant; 48 § 5. Section 3218 of the civil practice law and rules is amended by 49 adding a new subdivision (e) to read as follows: 50 (e) Prohibition on certain judgments by confession. No judgment of 51 confession may be entered on: 1. any amount due from one or more indi- 52 viduals for personal, family, household, consumer, investment or non-bu- 53 siness purposes; 54 2. any amount under two hundred fifty thousand dollars due from any 55 person for any purpose; orS. 7508--A 140 A. 9508--A 1 3. any amount due from any person that either: (i) is currently not a 2 resident of the state, (ii) was not a resident of the state at the time 3 the affidavit authorizing the entry of the judgment of confession was 4 executed, or (iii) if not a natural person, does not have a place of 5 business in the state or did not have a place of business in the state 6 at the time the affidavit authorizing the entry of the judgment of 7 confession was executed. 8 § 6. This act shall take effect immediately, provided, however that 9 sections one, two and three of this act shall take effect on October 1, 10 2020. Effective immediately, the addition, amendment and/or repeal of 11 any rule or regulation necessary for the implementation of this act on 12 its effective date are authorized to be made and completed on or before 13 such effective date. 14 PART MM 15 Section 1. The financial services law is amended by adding a new arti- 16 cle 7 to read as follows: 17 ARTICLE 7 18 STUDENT DEBT RELIEF CONSULTANTS 19 Section 701. Definitions. 20 702. Prohibitions. 21 703. Disclosure requirements. 22 704. Student debt consulting contracts. 23 705. Penalties and other provisions. 24 706. Rules and regulations. 25 § 701. Definitions. (a) The term "advertisement" shall include, but is 26 not limited to, all forms of marketing, and solicitation of information 27 related to securing or obtaining a student debt consulting contract or 28 services. Further, it shall include any and all commonly recognized 29 forms of media marketing via television, radio, print media, all forms 30 of electronic communication via the internet, and all prepared sales 31 presentations given in person or over the internet to the general 32 public. 33 (b) "Borrower" means any resident of this state who has received a 34 student loan or agreed in writing to pay a student loan or any person 35 who shares a legal obligation with such resident for repaying a student 36 loan. 37 (c) "FSA ID" means a username and password allocated to an individual 38 by the federal government to enable the individual to log in to certain 39 United States department of education websites, and may be used to sign 40 certain documents electronically. 41 (d) "Student loan" means any loan to a borrower to finance post-secon- 42 dary education or expenses related to post-secondary education. 43 (e) "Student debt consulting contract" or "contract" means an agree- 44 ment between a borrower and a consultant under which the consultant 45 agrees to provide student debt consulting services. 46 (f) "Student debt consultant" or "consultant" means an individual or a 47 corporation, partnership, limited liability company or other business 48 entity that, directly or indirectly, solicits or undertakes student debt 49 consulting services. A consultant does not include the following: 50 (i) a person or entity who holds or is owed an obligation on the 51 student loan while the person or entity performs services in connection 52 with the student loan; 53 (ii) a bank, trust company, private banker, bank holding company, 54 savings bank, savings and loan association, thrift holding company,S. 7508--A 141 A. 9508--A 1 credit union or insurance company organized under the laws of this 2 state, another state or the United States, or a subsidiary or affiliate 3 of such entity or a foreign banking corporation licensed by the super- 4 intendent of financial services or the comptroller of the currency; 5 (iii) a bona fide not-for-profit organization that offers counseling 6 or advice to borrowers; 7 (iv) an attorney admitted to practice in the state of New York when 8 the attorney is providing student debt consulting services to a borrower 9 free of charge; 10 (v) an institution of higher education wherein the borrower is or was 11 enrolled; or 12 (vi) such other persons as the superintendent prescribes or interprets 13 by rule. 14 (g) "Student debt consulting services" means services that a student 15 debt consultant provides to a borrower that the consultant represents 16 will help to achieve any of the following: 17 (i) stop, enjoin, delay, void, set aside, annul, stay or postpone a 18 default, bankruptcy, tax offset, or garnishment proceeding; 19 (ii) obtain a forbearance, deferment, or other relief that temporarily 20 halts repayment of a student loan; 21 (iii) assist the borrower with preparing or filing documents related 22 to student loan repayment; 23 (iv) advise the borrower which student loan repayment plan or forgive- 24 ness program to consider; 25 (v) enroll the borrower in any student loan repayment, forgiveness, 26 discharge, or consolidation program; 27 (vi) assist the borrower in re-establishing eligibility for federal 28 student financial assistance; 29 (vii) assist the borrower in removing a student loan from default; or 30 (viii) educate the borrower about student loan repayment. 31 § 702. Prohibitions. A student debt consultant is prohibited from 32 doing the following: 33 (a) performing student debt consulting services without a written, 34 fully executed contract with a borrower; 35 (b) charging for or accepting any payment for student debt consulting 36 services before the full completion of all such services, including a 37 payment to be placed in escrow or any other account pending the 38 completion of such services; 39 (c) taking a power of attorney from a borrower; 40 (d) retaining any original loan document or other original document 41 related to a borrower's student loan; 42 (e) requesting that a borrower provide his or her FSA ID to the 43 consultant, or accepting a borrower's FSA ID; 44 (f) stating or implying that a borrower will not be able to obtain 45 relief on their own; 46 (g) misrepresenting, expressly or by implication, that: 47 (i) the consultant is a part of, affiliated with, or endorsed or spon- 48 sored by the government, government loan programs, the United States 49 department of education, or borrowers' student loan servicers; or 50 (ii) some or all of a borrower's payments to the consultant will be 51 applied towards the borrower's student loans; 52 (h) inducing or attempting to induce a student debtor to enter a 53 contract that does not fully comply with the provisions of this article; 54 or 55 (i) engaging in any unfair, deceptive, or abusive act or practice.S. 7508--A 142 A. 9508--A 1 § 703. Disclosure requirements. (a) A student debt consultant shall 2 clearly and conspicuously disclose in all advertisements: 3 (i) the actual services the consultant provides to borrowers; 4 (ii) that borrowers can apply for and obtain consolidation loans from 5 the United States department of education at no cost, including provid- 6 ing a direct link in all written advertising to the application materi- 7 als for a direct consolidation loan from the U.S. department of educa- 8 tion; 9 (iii) that consolidation or other services offered by the consultant 10 may not be the best or only option for borrowers; 11 (iv) that a borrower may obtain alternative federal student loan 12 repayment plans, including income-based programs, without consolidating 13 existing federal student loans; and 14 (v) that borrowers should consider consulting their student loan 15 servicer before signing any legal document concerning a student loan. 16 (b) The disclosures required by subsection (a) of this section, if 17 disseminated through print media or the internet, shall be clearly and 18 legibly printed or displayed in not less than twelve-point bold type, 19 or, if the advertisement is printed to be displayed in print that is 20 smaller than twelve-point, in bold type print that is no smaller than 21 the print in which the text of the advertisement is printed or 22 displayed. 23 (c) The provisions of this section shall apply to all consultants who 24 disseminate advertisements in the state of New York or who intend to 25 directly or indirectly contact a borrower who has a student loan and is 26 a resident of New York state. Consultants shall establish and at all 27 times maintain control over the content, form and method of dissem- 28 ination of all advertisements of their services. Further, all advertise- 29 ments shall be sufficiently complete and clear to avoid the possibility 30 of deception or the ability to mislead or deceive. 31 § 704. Student debt consulting contracts. (a) A student debt consult- 32 ing contract shall: 33 (1) contain the entire agreement of the parties; 34 (2) be provided in writing to the borrower for review before signing; 35 (3) be printed in at least twelve-point type and written in the same 36 language that is used by the borrower and was used in discussions 37 between the consultant and the borrower to describe the borrower's 38 services or to negotiate the contract; 39 (4) fully disclose the exact nature of the services to be provided by 40 the consultant or anyone working in association with the consultant; 41 (5) fully disclose the total amount and terms of compensation for such 42 services; 43 (6) contain the name, business address and telephone number of the 44 consultant and the street address (if different) and facsimile number or 45 email address of the consultant where communications from the debtor may 46 be delivered; 47 (7) be dated and personally signed by the borrower and the consultant 48 and be witnessed and acknowledged by a New York notary public; and 49 (8) contain the following notice, which shall be printed in at least 50 fourteen-point boldface type, completed with the name of the provider, 51 and located in immediate proximity to the space reserved for the 52 debtor's signature: 53 "NOTICE REQUIRED BY NEW YORK LAW 54 You may cancel this contract, without any penalty or obligation, at 55 any time before midnight of ________ (fifth business day after 56 execution).S. 7508--A 143 A. 9508--A 1 ___________ (Name of consultant) (the "consultant") or anyone working 2 for the consultant may not take any money from you or ask you for money 3 until the consultant has completely finished doing everything this 4 contract says the consultant will do. 5 You should consider contacting your student loan servicer before sign- 6 ing any legal document concerning your student loan. In addition, you 7 may want to visit the New York State Department of Financial Services' 8 student lending resource center at www.dfs.ny.gov/studentprotection. The 9 law requires that this contract contain the entire agreement between you 10 and the provider. You should not rely upon any other written or oral 11 agreement or promise." 12 The provider shall accurately enter the date on which the right to 13 cancel ends. 14 (b) (1) The borrower has the right to cancel, without any penalty or 15 obligation, any contract with a consultant until midnight of the fifth 16 business day following the day on which the consultant and the borrower 17 sign a consulting contract. Cancellation occurs when the borrower, or a 18 representative of the borrower, either delivers written notice of 19 cancellation in person to the address specified in the consulting 20 contract or sends a written communication by facsimile, by United States 21 mail or by an established commercial letter delivery service. A dated 22 proof of facsimile delivery or proof of mailing creates a presumption 23 that the notice of cancellation has been delivered on the date the 24 facsimile is sent or the notice is deposited in the mail or with the 25 delivery service. Cancellation of the contract shall release the 26 borrower from all obligations to pay fees or any other compensation to 27 the consultant 28 (2) The contract shall be accompanied by two copies of a form, 29 captioned "notice of cancellation" in at least twelve-point bold type. 30 This form shall be attached to the contract, shall be easily detachable, 31 and shall contain the following statement written in the same language 32 as used in the contract, and the contractor shall insert accurate infor- 33 mation as to the date on which the right to cancel ends and the contrac- 34 tor's contact information: 35 "NOTICE OF CANCELLATION 36 Note: You may cancel this contract, without any penalty or obligation, 37 at any time before midnight of ________ (Enter date) 38 To cancel this contract, sign and date both copies of this cancella- 39 tion notice and personally deliver one copy or send it by facsimile, 40 United States mail, or an established commercial letter delivery 41 service, indicating cancellation to the Consultant at one of the follow- 42 ing: 43 Name of Consultant _________________________ 44 Street Address _____________________________ 45 City, State, Zip ___________________________ 46 Facsimile: _________________________________ 47 I hereby cancel this transaction. 48 Name of Borrower: __________________________ 49 Signature of Borrower: _____________________ 50 Date: ______________________________________" 51 (3) Within ten days following receipt of a notice of cancellation 52 given in accordance with this subdivision, the consultant shall return 53 any original contract and any other documents signed by or provided by 54 the borrower. Cancellation shall release the borrower of all obli- 55 gations to pay any fees or compensation to the consultant.S. 7508--A 144 A. 9508--A 1 § 705. Penalties and other provisions. (a) If the superintendent 2 finds, after notice and hearing, that a consultant has violated any 3 provision of this article, the superintendent may: (1) make null and 4 void any agreement between the borrower and the consultant; and (2) 5 impose a civil penalty of not more than ten thousand dollars for each 6 violation. 7 (b) If the consultant violates any provision of this article and the 8 borrower suffers damage because of the violation, the borrower may 9 recover actual and consequential damages and costs from the consultant 10 in an action based on this article. If the consultant intentionally or 11 recklessly violates any provision of this article, the court may award 12 the borrower treble damages, attorneys' fees and costs. 13 (c) Any provision of a student debt consulting contract that attempts 14 or purports to limit the liability of the consultant under this article 15 shall be null and void. Inclusion of such provision shall at the option 16 of the borrower render the contract void. Any provision in a contract 17 which attempts or purports to require arbitration of any dispute arising 18 under this article shall be void at the option of the borrower. Any 19 waiver of the provisions of this article shall be void and unenforceable 20 as contrary to public policy. 21 (d) The provisions of this article are not exclusive and are in addi- 22 tion to any other requirements, rights, remedies, and penalties provided 23 by law. 24 § 706. Rules and regulations. In addition to such powers as may other- 25 wise be prescribed by this chapter, the superintendent is hereby author- 26 ized and empowered to promulgate such rules and regulations as may in 27 the judgment of the superintendent be consistent with the purposes of 28 this article, or appropriate for the effective administration of this 29 article. 30 § 2. Section 712 of the banking law is amended by adding a new subdi- 31 vision 3 to read as follows: 32 3. The department may also require the submission of the fingerprints 33 of the applicant, which may be submitted to the division of criminal 34 justice services and the federal bureau of investigation for state and 35 national criminal history record checks. 36 § 3. This act shall take effect immediately, provided, however, that 37 section one of this act shall take effect October 1, 2020. 38 PART NN 39 Section 1. Paragraph 2 of subsection (a) of section 104 of the finan- 40 cial services law is amended to read as follows: 41 (2) "Financial product or service" shall mean: (A) any financial prod- 42 uct or financial service offered or provided by any person regulated or 43 required to be regulated by the superintendent pursuant to the banking 44 law or the insurance law or any other financial product or service 45 offered or sold to consumers [except financial products or services: (i)46regulated under the exclusive jurisdiction of a federal agency or47authority, (ii) regulated for the purpose of consumer or investor48protection by any other state agency, state department or state public49authority, or (iii) where rules or regulations promulgated by the super-50intendent on such financial product or service would be preempted by51federal law] or small businesses; [and] 52 (B) the sale or provision to a consumer or small business of any secu- 53 rity, investment advice, or money management device;S. 7508--A 145 A. 9508--A 1 (C) any warranty sold or provided to a consumer or small business or 2 any guarantee or suretyship provided to a consumer; 3 (D) any merchant cash advance provided to a consumer or small busi- 4 ness; or 5 (E) any contract involving any provision of subparagraphs (A) through 6 (D) of this paragraph. 7 "Financial product or service" shall [also] not include [the follow-8ing, when offered or provided by a provider of consumer goods or9services: (i) the extension of credit directly to a consumer exclusive-10ly for the purpose of enabling that consumer to purchase such consumer11good or service directly from the seller, (ii) the collection of debt12arising from such credit, or (iii) the sale or conveyance of such debt13that is delinquent or otherwise in default] financial products or 14 services where the rules or regulations promulgated by the superinten- 15 dent on such financial products or services would be preempted by feder- 16 al law. 17 § 2. Subsection (a) of section 104 of the financial services law is 18 amended by adding a new paragraph 6 to read as follows: 19 (6) "Small business" shall mean a business which is independently 20 owned and operated, has less than ten million dollars in annual gross 21 receipts or sales, and employs one hundred or less persons. 22 § 3. Subsection (a) of section 206 of the financial services law is 23 amended and a new subsection (g) is added to read as follows: 24 (a) For each fiscal year commencing on or after April first, two thou- 25 sand twelve, assessments to defray operating expenses, including all 26 direct and indirect costs, of the department, except expenses incurred 27 in the liquidation of banking organizations, shall be assessed by the 28 superintendent in accordance with this subsection. Persons regulated 29 under the insurance law shall be assessed by the superintendent for the 30 operating expenses of the department that are solely attributable to 31 regulating persons under the insurance law, which shall include any 32 expenses that were permissible to be assessed in fiscal year two thou- 33 sand nine-two thousand ten, with the assessments allocated pro rata upon 34 all domestic insurers and all licensed United States branches of alien 35 insurers domiciled in this state within the meaning of paragraph four of 36 subsection (b) of section seven thousand four hundred eight of the 37 insurance law, in proportion to the gross direct premiums and other 38 considerations, written or received by them in this state during the 39 calendar year ending December thirty-first immediately preceding the end 40 of the fiscal year for which the assessment is made (less return premi- 41 ums and considerations thereon) for policies or contracts of insurance 42 covering property or risks resident or located in this state the issu- 43 ance of which policies or contracts requires a license from the super- 44 intendent. Persons regulated under the banking law shall be assessed by 45 the superintendent for the operating expenses of the department that are 46 solely attributable to regulating persons under the banking law in such 47 proportions as the superintendent shall deem just and reasonable. 48 Persons regulated under this chapter shall be assessed by the super- 49 intendent for the operating expenses of the department that are solely 50 attributable to regulated persons under this chapter in such proportions 51 as the superintendent shall deem just and reasonable. Operating expenses 52 of the department not covered by the assessments set forth above shall 53 be assessed by the superintendent in such proportions as the superinten- 54 dent shall deem just and reasonable upon all domestic insurers and all 55 licensed United States branches of alien insurers domiciled in this 56 state within the meaning of paragraph four of subsection (b) of sectionS. 7508--A 146 A. 9508--A 1 seven thousand four hundred eight of the insurance law, and upon any 2 regulated person under this chapter and the banking law, other than 3 mortgage loan originators, except as otherwise provided by sections one 4 hundred fifty-one and two hundred twenty-eight of the workers' compen- 5 sation law and by section sixty of the volunteer firefighters' benefit 6 law. The provisions of this subsection shall not be applicable to a bank 7 holding company, as that term is defined in article three-A of the bank- 8 ing law. Persons regulated under the banking law will not be assessed 9 for expenses that the superintendent deems to benefit solely persons 10 regulated under the insurance law, and persons regulated under the 11 insurance law will not be assessed for expenses that the superintendent 12 deems to benefit solely persons regulated under the banking law. 13 (g) The expenses of every examination of the affairs of any regulated 14 person subject to this chapter, shall be borne and paid by such regu- 15 lated person so examined, but the superintendent, with the approval of 16 the comptroller, may, in the superintendent's discretion for good cause 17 shown, remit such charges. 18 § 4. The financial services law is amended by adding a new section 312 19 to read as follows: 20 § 312. Restitution. In any administrative proceeding or judicial 21 action brought under this chapter, the banking law, or the insurance 22 law, the superintendent may, in addition to any other penalty or sanc- 23 tion imposed by law, order the individual or entity subject to such 24 proceeding or action to make restitution to all consumers harmed by such 25 individual or entity's conduct. 26 § 5. The financial services law is amended by adding a new section 313 27 to read as follows: 28 § 313. Unlicensed actors. Any person or entity that is required by 29 this chapter, the banking law, or the insurance law to be licensed, 30 certified, registered, authorized, chartered, accredited, or incorpo- 31 rated and that is not specifically exempted from such applicable law 32 shall be subject to the laws of this chapter, the banking law, and the 33 insurance law, and the penalties contained therein as if such person or 34 entity was so licensed, certified, registered, authorized, chartered, 35 accredited, or incorporated, even if such person or entity does not 36 possess the required license, certification, registration, authori- 37 zation, charter, accreditation, or incorporation. 38 § 6. Subsection (a) of section 408 of the financial services law is 39 amended to read as follows: 40 (a) In addition to any civil or criminal liability provided by law, 41 the superintendent may, after notice and hearing, levy a civil penalty: 42 (1) not to exceed the greater of five thousand dollars [per] for each 43 offense[,]; a multiple of two times the aggregate damages attributable 44 to the offense; or a multiple of two times the aggregate economic gain 45 attributable to the offense for: 46 (A) any [intentional] fraud, [or intentional] misrepresentation [of a47material fact], or unfair, deceptive, or abusive act or practice with 48 respect to a financial product or service or involving any person offer- 49 ing to provide or providing financial products or services or involving 50 any service provider utilized by any person offering to provide or 51 providing financial products or services; or 52 (B) any violation of state or federal fair debt collection practices 53 or federal or state fair lending laws; [and] or 54 [(2) not to exceed one thousand dollars for] (C) any other violation 55 of this chapter or the regulations issued thereunder, provided thatS. 7508--A 147 A. 9508--A 1 there shall be no civil penalty under this section for violations of 2 article five of this chapter or the regulations issued thereunder; and 3 [(3)] (2) provided, however, that: 4 (A) penalties for regulated persons under the banking law shall be as 5 provided for in the banking law and penalties for regulated persons 6 under the insurance law shall be as provided for in the insurance law; 7 and 8 (B) the superintendent shall not impose or collect any penalty under 9 this section in addition to any penalty or fine for the same act or 10 omission that is imposed under the insurance law or banking law; and 11 (C) nothing in this section shall affect the construction or interpre- 12 tation of the term "fraud" as it is used in any other provision of the 13 consolidated or unconsolidated law. 14 § 7. Paragraph 1 of subsection (c) of section 109 of the insurance 15 law, as amended by section 55 of part A of chapter 62 of the laws of 16 2011, is amended to read as follows: 17 (1) If the superintendent finds after notice and hearing that any 18 authorized insurer, representative of the insurer, licensed insurance 19 agent, licensed insurance broker, licensed adjuster, or any other person 20 or entity licensed, certified, registered, or authorized pursuant to 21 this chapter, has wilfully violated the provisions of this chapter or 22 any regulation promulgated thereunder, then the superintendent may order 23 the person or entity to pay to the people of this state a penalty in a 24 sum not exceeding [one] ten thousand dollars for each offense. 25 § 8. This act shall take effect immediately. 26 PART OO 27 Section 1. The banking law is amended by adding a new section 4-d to 28 read as follows: 29 § 4-d. Protecting vulnerable adults from financial exploitation. 1. 30 Definitions. As used in this section: 31 (a) "Banking institution" means any bank, trust company, savings bank, 32 savings and loan association, credit union, or branch of a foreign bank- 33 ing corporation, which is chartered, organized or licensed under the 34 laws of this state or any other state or the United States, and, in the 35 ordinary course of business takes deposit accounts in this state. 36 (b) "Vulnerable adult" means an individual who, because of mental 37 and/or physical impairment is potentially unable to manage his or her 38 own resources or protect himself or herself from financial exploitation. 39 (c) "Financial exploitation" means: (i) the improper taking, withhold- 40 ing, appropriation, or use of a vulnerable adult's money, assets, or 41 property; or (ii) any act or omission by a person, including through the 42 use of a power of attorney, guardianship, or any other authority regard- 43 ing a vulnerable adult to: (A) obtain control, through deception, intim- 44 idation or undue influence, over the vulnerable adult's money, assets, 45 or property or (B) convert the vulnerable adult's money, assets, or 46 property. 47 (d) "Transaction hold" means a delay in the completion of one or more 48 financial transactions pending an investigation by a banking institu- 49 tion, adult protective services, or a law enforcement agency. 50 (e) "Adult protective services" means the division of the New York 51 City Human Resources Administration and each county's department of 52 human services or department of social services responsible for provid- 53 ing adult protective services pursuant to section four hundred seventy- 54 three of the social services law.S. 7508--A 148 A. 9508--A 1 (f) "Law enforcement agency" means any agency, including the financial 2 frauds and consumer protection unit of the department of financial 3 services, which is empowered by law to conduct an investigation or to 4 make an arrest for a felony, and any agency which is authorized by law 5 to prosecute or participate in the prosecution of a felony. 6 2. Application of transaction hold. (a) If a banking institution 7 reasonably believes: (i) that financial exploitation of a vulnerable 8 adult may have occurred, may have been attempted, or is being attempted; 9 and (ii) that the placement of a transaction hold may be necessary to 10 protect a vulnerable adult's money, assets, or property from financial 11 exploitation, then the banking institution may, at its discretion, apply 12 a transaction hold on the account of a vulnerable adult, the account on 13 which a vulnerable adult is a beneficiary, including a trust or guardi- 14 anship account, or the account of a person who is reasonably believed by 15 the banking institution to be engaging in the financial exploitation of 16 a vulnerable adult. 17 (b) A banking institution may also apply a transaction hold on the 18 account of a vulnerable adult, the account on which a vulnerable adult 19 is a beneficiary, including a trust or guardianship account, or the 20 account of a person who is reasonably believed by the banking institu- 21 tion to be engaging in the financial exploitation of a vulnerable adult, 22 if: (i) adult protective services or a law enforcement agency provides 23 information to the banking institution establishing a reasonable basis 24 to believe that financial exploitation of a vulnerable adult may have 25 occurred, may have been attempted, or is being attempted; and (ii) the 26 placement of a transaction hold may be necessary to protect a vulnerable 27 adult's money, assets, or property from financial exploitation. 28 (c) A banking institution that applies a transaction hold shall: 29 (i) make a reasonable effort to provide notice, orally or in writing, 30 to all parties authorized to transact business on the account on which a 31 transaction hold was placed within two business days of when the trans- 32 action hold was placed; 33 (ii) immediately, but no later than one business day after the trans- 34 action hold is placed, report the transaction hold, including the basis 35 for the banking institution's belief that the financial exploitation of 36 a vulnerable adult may have occurred, may have been attempted, or is 37 being attempted, to adult protective services and to a law enforcement 38 agency; 39 (iii) at the request of adult protective services or a law enforcement 40 agency, provide all information and documents that relate to the trans- 41 action hold within three business days of the request for the informa- 42 tion or documents; and 43 (iv) notwithstanding the transaction hold, make funds available from 44 the account on which a transaction hold is placed to allow the vulner- 45 able adult or other account holder to meet his or her ongoing obli- 46 gations such as housing and other living expenses or emergency expenses 47 as determined by adult protective services, a law enforcement agency or 48 a not-for-profit organization that regularly provides services to 49 vulnerable adults in the community in which the vulnerable adult 50 resides. 51 (d) During the pendency of a transaction hold, a banking institution 52 may, in its discretion, also make funds available from the account on 53 which a transaction hold is placed to allow the vulnerable adult or 54 other account holder to meet his or her ongoing obligations such as 55 housing and other living expenses or emergency expenses, provided the 56 banking institution does not have a reasonable basis to believe that theS. 7508--A 149 A. 9508--A 1 dispersal of such funds to the vulnerable adult or other account holder 2 will result in the financial exploitation of the vulnerable adult. Any 3 such dispersal of funds pursuant to this subdivision shall be reported 4 within one business day after the dispersal is made to adult protective 5 services and to a law enforcement agency. 6 (e) The superintendent may adopt regulations identifying the factors 7 that a banking institution should consider in determining whether: (i) 8 the financial exploitation of a vulnerable adult may have occurred, may 9 have been attempted, or is being attempted; and (ii) the placement of a 10 transaction hold is necessary to protect a vulnerable adult's money, 11 assets, or property. 12 3. Duration of transaction hold. (a) Subject to paragraphs (b), (c) 13 and (d) of this subdivision, a transaction hold that a banking institu- 14 tion places on an account pursuant to this section shall terminate five 15 business days after the date on which the transaction hold is applied by 16 the banking institution. A banking institution may terminate the trans- 17 action hold at any time during this five day period if the banking 18 institution is satisfied that the termination of the transaction hold is 19 not likely to result in financial exploitation of a vulnerable adult. 20 (b) A transaction hold may be extended beyond the period set forth in 21 paragraph (a) of this subdivision for up to an additional fifteen days 22 at the request of either adult protective services or a law enforcement 23 agency. 24 (c) A transaction hold may be extended beyond the periods set forth in 25 paragraphs (a) and (b) of this subdivision only pursuant to an order 26 issued by a court of competent jurisdiction. 27 (d) A transaction hold may be terminated at any time pursuant to an 28 order issued by a court of competent jurisdiction. 29 4. Immunity. A banking institution or an employee of a banking insti- 30 tution shall be immune from criminal, civil, and administrative liabil- 31 ity for all good faith actions in relation to the application of this 32 section including any good faith determination to apply or not apply a 33 transaction hold on an account where there is reasonable basis to 34 conclude: 35 (a) that financial exploitation of a vulnerable adult may have 36 occurred, may have been attempted, or is being attempted; and 37 (b) that the placement of a transaction hold may be necessary to 38 protect a vulnerable adult's money, assets, or property from financial 39 exploitation, such immunity shall not apply to a determination not to 40 apply a transaction hold when the banking institution or employee acts 41 recklessly or engages in intentional misconduct in making the determi- 42 nation, or the determination results from a conflict of interest. 43 5. Certification program. The department may develop a financial 44 exploitation certification program for banking institutions. Upon 45 completion of the training components required by the program and after 46 establishing the necessary internal policies, procedures, and in-house 47 training programs, a banking institution shall receive from the depart- 48 ment an adult financial exploitation prevention certificate demonstrat- 49 ing that staff at such banking institution have been trained on how to 50 identify, help prevent, and report the financial exploitation of a 51 vulnerable adult. At the discretion of the superintendent, the certif- 52 ication program may be mandatory for banking institutions licensed by 53 the department. 54 6. Regulations. The superintendent may issue such rules and regu- 55 lations that provide the procedures for the enforcement of the terms ofS. 7508--A 150 A. 9508--A 1 this section and any other rules and regulations that he or she deems 2 necessary to implement the terms of this section. 3 § 2. This act shall take effect October 1, 2020; provided, however, 4 that the superintendent of financial services may promulgate any rules 5 or regulations related to this act immediately. 6 PART PP 7 Section 1. Article 27 of the environmental conservation law is amended 8 by adding a new title 30 to read as follows: 9 TITLE 30 10 EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL 11 PACKAGING BAN 12 Section 27-3001. Definitions. 13 27-3003. Expanded polystyrene foam container and polystyrene 14 loose fill packaging ban. 15 27-3005. Exemptions. 16 27-3007. Preemption. 17 27-3009. Severability. 18 § 27-3001. Definitions. 19 For the purposes of this title, the following terms shall have the 20 following meanings: 21 1. "Covered food service provider" means a person engaged in the 22 primary or secondary business of selling or distributing prepared food 23 or beverages for on-premise or off-premise consumption including but not 24 limited to: (a) food service establishments, caterers, temporary food 25 service establishments, mobile food service establishments, and push- 26 carts as defined in the New York State Sanitary Code; (b) retail food 27 stores as defined in article 28 of the agriculture and markets law; (c) 28 delicatessens; (d) grocery stores; (e) restaurants; (f) cafeterias; (g) 29 coffee shops; (h) hospitals, adult care facilities, and nursing homes; 30 and (i) elementary and secondary schools, colleges, and universities. 31 2. "Disposable food service container" means a bowl, carton, clam- 32 shell, cup, lid, plate, tray, or any other product that is designed or 33 used for the temporary storage or transport of a prepared food or bever- 34 age including a container generally recognized by the public as being 35 designed for single use. 36 3. "Expanded polystyrene foam" means expanded foam thermoplastics 37 utilizing a styrene monomer and processed by any number of techniques. 38 Such term shall not include rigid polystyrene. 39 4. "Manufacturer" means every person, firm or corporation that produc- 40 es or imports polystyrene loose fill packaging that is sold, offered for 41 sale, or distributed in the state. 42 5. "Polystyrene loose fill packaging" means a void-filling packaging 43 product made of expanded polystyrene that is used as a packaging fill, 44 commonly referred to as packing peanuts. 45 6. "Prepared food" means food or beverages that are cooked, chopped, 46 sliced, mixed, brewed, frozen, heated, squeezed, combined or otherwise 47 prepared on the premises of a covered food service provider for immedi- 48 ate consumption and require no further preparation to be consumed. 49 Prepared food includes but is not limited to ready to eat takeout foods 50 and beverages. 51 7. "Rigid polystyrene" means plastic packaging made from rigid, polys- 52 tyrene resin that has not been expanded, extruded, or foamed. 53 8. "Store" means a retail or wholesale establishment other than a 54 covered food service provider.S. 7508--A 151 A. 9508--A 1 § 27-3003. Expanded polystyrene foam container and polystyrene loose 2 fill packaging ban. 3 1. (a) Beginning January first, two thousand twenty-two, no covered 4 food service provider or store shall sell, offer for sale, use, or 5 distribute disposable food service containers used to hold prepared food 6 or beverages that contain expanded polystyrene foam. 7 (b) Beginning January first, two thousand twenty-two, no covered food 8 service provider, manufacturer, or store shall sell, offer for sale, 9 use, or distribute polystyrene loose fill packaging. 10 2. The department is authorized to: 11 (a) undertake a review of additional product packaging, and, based on 12 the environmental impacts of such products, promulgate regulations to 13 limit the sale, use, or distribution of such products; 14 (b) conduct education and outreach in multiple languages to covered 15 food service providers, manufacturers, and stores to inform them of the 16 provisions of this title; and 17 (c) promulgate any other such rules and regulations as it shall deem 18 necessary to implement the provisions of this title. 19 § 27-3005. Exemptions. 20 Notwithstanding any inconsistent provision of law, this title shall 21 not apply to: 22 1. Prepackaged food filled or sealed prior to receipt at a covered 23 food service provider; or 24 2. Raw meat or raw fish sold for the purpose of cooking or preparing 25 off-premises by the customer; or 26 3. For purposes of the expanded polystyrene foam container ban, 27 covered food service providers that demonstrate undue financial hard- 28 ship, as determined by the department, provided however that such 29 covered food service providers that have ten or more locations within 30 the state that (a) conduct business under the same business name or (b) 31 operate under common ownership or management or pursuant to a franchise 32 agreement with the same franchisor shall not be eligible for an 33 exemption. 34 § 27-3007. Preemption. 35 1. Except as provided in subdivision two of this section, any local 36 law or ordinance which is inconsistent with any provision of this title 37 or any rule or regulation promulgated hereunder shall be preempted. 38 2. Any provision of any local law or ordinance, or any rule or regu- 39 lation promulgated thereto, governing the prohibition of expanded polys- 40 tyrene use or sale or the offering for sale of polystyrene loose fill 41 packaging, which is inconsistent with the provisions of this title or 42 any rules or regulations promulgated hereunder, shall not be preempted 43 if such local law or ordinance is at least as comprehensive as the 44 provisions of this title or any rules or regulations promulgated here- 45 under. 46 § 27-3009. Severability. 47 If any clause, sentence, paragraph, section or part of this title 48 shall be adjudged by any court of competent jurisdiction to be invalid, 49 such judgment shall not affect, impair or invalidate the remainder ther- 50 eof, but shall be confined in its operation to the clause, sentence, 51 paragraph, section or part thereof directly involved in the controversy 52 in which such judgment shall have been rendered. 53 § 2. The environmental conservation law is amended by adding a new 54 section 71-2730 to read as follows: 55 § 71-2730. Enforcement of title 30 of article 27 of this chapter.S. 7508--A 152 A. 9508--A 1 1. Any person who shall violate section 27-3003 of this chapter shall 2 be liable to the state of New York for a civil penalty of not more than 3 two hundred fifty dollars for the first violation, not more than five 4 hundred dollars for the second violation in the same calendar year, not 5 more than one thousand dollars for the third violation in the same 6 calendar year, and not more than two thousand dollars for the fourth and 7 each subsequent violation in the same calendar year. A hearing or oppor- 8 tunity to be heard shall be provided prior to the assessment of any 9 civil penalty. 10 2. (a) The department, the department of agriculture and markets, the 11 department of health, and the attorney general are hereby authorized to 12 enforce the provisions of section 27-3003 of this chapter. 13 (b) The provisions of section 27-3003 of this chapter may also be 14 enforced by a village, town, city, or county and the local legislative 15 body thereof may adopt local laws, ordinances or regulations consistent 16 with this title providing for the enforcement of such provisions. 17 3. Any fines that are collected by the state during proceedings by the 18 state to enforce the provisions of section 27-3003 of this chapter shall 19 be paid into the environmental protection fund established pursuant to 20 section ninety-two-s of the finance law. Any fines that are collected 21 by a municipality during proceedings by the municipality to enforce such 22 provisions within the municipality shall be retained by the munici- 23 pality. 24 § 3. This act shall take effect immediately. 25 PART QQ 26 Section 1. The restore mother nature bond act is enacted to read as 27 follows: 28 ENVIRONMENTAL BOND ACT OF 2020 29 "RESTORE MOTHER NATURE" 30 Section 1. Short title. 31 2. Creation of state debt. 32 3. Bonds of the state. 33 4. Use of moneys received. 34 § 1. Short title. This act shall be known and may be cited as the 35 "environmental bond act of 2020 restore mother nature". 36 § 2. Creation of state debt. The creation of state debt in an amount 37 not exceeding in the aggregate three billion dollars ($3,000,000,000) is 38 hereby authorized to provide moneys for the single purpose of making 39 environmental improvements that preserve, enhance, and restore New 40 York's natural resources and reduce the impact of climate change by 41 funding capital projects to: restore habitat and reduce flood risk 42 including wetland, floodplain, and stream restoration and protection, 43 acquisition of real property, enhance shoreline protection, forest pres- 44 ervation, development and improvement of fish hatcheries, and removal, 45 alteration, and right-sizing of dams, bridges, and culverts; improve 46 water quality through wastewater infrastructure improvements and 47 upgrades including green infrastructure projects that reduce stormwater 48 impacts, agricultural nutrient management, and expansion of riparian 49 buffers; protect open space and invest in associated recreational 50 infrastructure including land acquisition, development and improvement 51 of park, campground, nature center, and other state recreational facili- 52 ties; expand the use of renewable energy to mitigate climate change 53 including, but not limited to, clean energy or resiliency projects; andS. 7508--A 153 A. 9508--A 1 other such projects that preserve, enhance, and restore the quality of 2 the state's environment. 3 § 3. Bonds of the state. The state comptroller is hereby authorized 4 and empowered to issue and sell bonds of the state up to the aggregate 5 amount of three billion dollars ($3,000,000,000) for the purposes of 6 this act, subject to the provisions of article 5 of the state finance 7 law. The aggregate principal amount of such bonds shall not exceed three 8 billion dollars ($3,000,000,000) excluding bonds issued to refund or 9 otherwise repay bonds heretofore issued for such purpose; provided, 10 however, that upon any such refunding or repayment, the total aggregate 11 principal amount of outstanding bonds may be greater than three billion 12 dollars ($3,000,000,000) only if the present value of the aggregate debt 13 service of the refunding or repayment bonds to be issued shall not 14 exceed the present value of the aggregate debt service of the bonds to 15 be refunded or repaid. The method for calculating present value shall be 16 determined by law. 17 § 4. Use of moneys received. The moneys received by the state from the 18 sale of bonds sold pursuant to this act shall be expended pursuant to 19 appropriations for capital projects related to design, planning, site 20 acquisition, demolition, construction, reconstruction, and rehabili- 21 tation including but not limited to, projects specified in section two 22 of this act. 23 § 2. This act shall take effect immediately, provided that the 24 provisions of section one of this act shall not take effect unless and 25 until this act shall have been submitted to the people at the general 26 election to be held in November 2020 and shall have been approved by a 27 majority of all votes cast for and against it at such election. Upon 28 approval by the people, section one of this act shall take effect imme- 29 diately. The ballots to be furnished for the use of voters upon 30 submission of this act shall be in the form prescribed by the election 31 law and the proposition or question to be submitted shall be printed 32 thereon in the following form, namely "To address and combat the impact 33 of climate change and damage to the environment, the Environmental Bond 34 Act of 2020 "Restore Mother Nature" authorizes the sale of state bonds 35 up to three billion dollars to fund environmental protection, natural 36 restoration, resiliency, and clean energy projects. Shall the Environ- 37 mental Bond Act of 2020 be approved?". 38 PART RR 39 Section 1. The environmental conservation law is amended by adding a 40 new article 58 to read as follows: 41 ARTICLE 58 42 IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER 43 NATURE" 44 Section 58-0101. Definitions. 45 58-0103. Allocation of moneys. 46 58-0105. Powers and duties. 47 58-0107. Powers and duties of a municipality. 48 58-0109. Consistency with federal tax law. 49 58-0111. Compliance with other law. 50 § 58-0101. Definitions. 51 As used in this article the following terms shall mean and include: 52 1. "Bonds" shall mean general obligation bonds issued pursuant to the 53 environmental bond act of 2020 "restore mother nature" in accordanceS. 7508--A 154 A. 9508--A 1 with article VII of the New York state constitution and article five of 2 the state finance law. 3 2. "Cost" means the expense of an approved project, which shall 4 include but not be limited to appraisal, surveying, planning, engineer- 5 ing and architectural services, plans and specifications, consultant and 6 legal services, site preparation, demolition, construction and other 7 direct expenses incident to such project. 8 3. "Department" shall mean the department of environmental conserva- 9 tion. 10 4. "Municipality" means a local public authority or public benefit 11 corporation, a county, city, town, village, school district, supervisory 12 district, district corporation, improvement district within a county, 13 city, town or village, or Indian nation or tribe recognized by the state 14 or the United States with a reservation wholly or partly within the 15 boundaries of New York state, or any combination thereof. 16 5. "State assistance payment" means payment of the state share of the 17 cost of projects authorized by this article to preserve, enhance, 18 restore and improve the quality of the state's environment. 19 6. "State entity" means any state department, division, agency, 20 office, public authority, or public benefit corporation. 21 § 58-0103. Allocation of moneys. 22 The moneys received by the state from the sale of bonds pursuant to 23 the environmental bond act of 2020 "restore mother nature" shall be 24 expended for project costs to: restore habitat and reduce flood risk 25 including, wetland, floodplain, and stream restoration and protection, 26 acquisition of real property, enhance shoreline protection, forest pres- 27 ervation, development and improvement of fish hatcheries, and removal, 28 alteration, and right-sizing of dams, bridges, and culverts; improve 29 water quality through wastewater infrastructure and upgrades including 30 green infrastructure projects that reduce stormwater impacts, agricul- 31 tural nutrient management and expansion of riparian buffers; protect 32 open space and invest in associated recreational infrastructure includ- 33 ing land acquisition, development and improvement of park, campground, 34 nature center, and other state recreational facilities; expand the use 35 of renewable energy to mitigate climate change, including, but not 36 limited to, clean energy or resiliency projects; and other such projects 37 that preserve, enhance, and restore the quality of the state's environ- 38 ment. 39 § 58-0105. Powers and duties. 40 In implementing the provisions of this article the department is here- 41 by authorized to: 42 1. Administer funds generated pursuant to the environmental bond act 43 of 2020 "restore mother nature". 44 2. In the name of the state, as further provided within this article, 45 contract to make, within the limitations of appropriations available 46 therefor, state assistance payments toward the cost of a project 47 approved, and to be undertaken pursuant to this article. 48 3. Approve vouchers for the payments pursuant to an approved contract. 49 4. Enter into contracts with any person, firm, corporation, not-for- 50 profit corporation, agency or other entity, private or governmental, for 51 the purpose of effectuating the provisions of this article. 52 5. Promulgate such rules and regulations and to develop such forms and 53 procedures necessary to effectuate the provisions of this article, 54 including but not limited to requirements for the form, content, and 55 submission of applications by municipalities for state financial assist- 56 ance.S. 7508--A 155 A. 9508--A 1 6. Delegate to, or cooperate with, any other state entity in the 2 administration of this article. 3 7. Perform such other and further acts as may be necessary, proper or 4 desirable to carry out the provisions of this article. 5 § 58-0107. Powers and duties of a municipality. 6 A municipality shall have the power and authority to: 7 1. Undertake and carry out any project for which state assistance 8 payments pursuant to contract are received or are to be received pursu- 9 ant to this article and maintain and operate such project. 10 2. Expend money received from the state pursuant to this article for 11 costs incurred in conjunction with the approved project. 12 3. Apply for and receive moneys from the state for the purpose of 13 accomplishing projects undertaken or to be undertaken pursuant to this 14 article. 15 4. Perform such other and further acts as may be necessary, proper or 16 desirable to carry out a project or obligation, duty or function related 17 thereto. 18 § 58-0109. Consistency with federal tax law. 19 All actions undertaken pursuant to this article shall be reviewed for 20 consistency with provisions of the federal internal revenue code and 21 regulations thereunder, in accordance with procedures established in 22 connection with the issuance of any tax exempt bonds pursuant to this 23 article, to preserve the tax exempt status of such bonds. 24 § 58-0111. Compliance with other law. 25 Every recipient of funds to be made available pursuant to this article 26 shall comply with all applicable state, federal and local laws. 27 § 2. The state finance law is amended by adding a new section 97-tttt 28 to read as follows: 29 § 97-tttt. Restore mother nature bond fund. 1. There is hereby estab- 30 lished in the joint custody of the state comptroller and the commission- 31 er of taxation and finance a special fund to be known as the "restore 32 mother nature bond fund". 33 2. The state comptroller shall deposit into the restore mother nature 34 bond fund all moneys received by the state from the sale of bonds and/or 35 notes for uses eligible pursuant to section four of the environmental 36 bond act of 2020 "restore mother nature". 37 3. Moneys in the restore mother nature bond fund, following appropri- 38 ation by the legislature and allocation by the director of the budget, 39 shall be available only for reimbursement of expenditures made from 40 appropriations from the capital projects fund for the purpose of the 41 restore mother nature bond fund, as set forth in the environmental bond 42 act of 2020 "restore mother nature". 43 4. No moneys received by the state from the sale of bonds and/or notes 44 sold pursuant to the environmental bond act of 2020 "restore mother 45 nature" shall be expended for any project until funds therefor have been 46 allocated pursuant to the provisions of this section and copies of the 47 appropriate certificates of approval filed with the chair of the senate 48 finance committee, the chair of the assembly ways and means committee 49 and the state comptroller. 50 § 3. Section 61 of the state finance law is amended by adding a new 51 subdivision 32 to read as follows: 52 32. Thirty years. For the payment of "restore mother nature" projects, 53 as defined in article fifty-eight of the environmental conservation law 54 and undertaken pursuant to a chapter of the laws of two thousand twenty, 55 enacting and constituting the environmental bond act of 2020 "restore 56 mother nature". Thirty years for flood control infrastructure, otherS. 7508--A 156 A. 9508--A 1 environmental infrastructure, wetland and other habitat restoration, 2 water quality projects, acquisition of land, including acquisition of 3 real property, and renewable energy projects. Notwithstanding the fore- 4 going, for the purposes of calculating annual debt service, the state 5 comptroller shall apply a weighted average period of probable life of 6 restore mother nature projects, including any other works or purposes to 7 be financed with state debt. Weighted average period of probable life 8 shall be determined by computing the sum of the products derived from 9 multiplying the dollar value of the portion of the debt contracted for 10 each work or purpose (or class of works or purposes) by the probable 11 life of such work or purpose (or class of works or purposes) and divid- 12 ing the resulting sum by the dollar value of the entire debt after 13 taking into consideration any original issue premium or discount. 14 § 4. If any clause, sentence, paragraph, section or part of this act 15 shall be adjudged by any court of competent jurisdiction to be invalid, 16 such judgment shall not affect, impair or invalidate the remainder ther- 17 eof, but shall be confined in its operation to the clause, sentence, 18 paragraph, section or part thereof directly involved in the controversy 19 in which such judgment shall have been rendered. 20 § 5. This act shall take effect only in the event that section 1 of 21 part QQ of a chapter of the laws of 2020, enacting the environmental 22 bond act of 2020 "restore mother nature" is submitted to the people at 23 the general election to be held in November 2020 and is approved by a 24 majority of all votes cast for and against it at such election. Upon 25 such approval, this act shall take effect immediately. Effective imme- 26 diately, the addition, amendment, and/or repeal of any rule or regu- 27 lation necessary for the implementation of the foregoing sections of 28 this act are authorized and directed to be made and completed on or 29 before such effective date. 30 PART SS 31 Section 1. Article 27 of the environmental conservation law is amended 32 by adding a new title 32 to read as follows: 33 TITLE 32 34 PRODUCT STEWARDSHIP 35 Section 27-3201. Definitions. 36 27-3203. Stewardship organization responsibilities. 37 27-3205. Producer responsibilities. 38 27-3207. Retailer and distributor responsibilities. 39 27-3209. Department responsibilities. 40 27-3211. Rules and regulations. 41 27-3213. Enforcement and penalties. 42 27-3215. State preemption. 43 27-3217. Report and criteria for identifying additional covered 44 products or product categories. 45 27-3219. Severability. 46 § 27-3201. Definitions. 47 As used in this title: 48 1. "Brand" means a name, symbol, word, or mark that attributes the 49 product to the owner or licensee of the brand as the producer. 50 2. "Carpet" means a manufactured article that is (i) used in commer- 51 cial buildings or single or multifamily residential buildings, (ii) 52 affixed or placed on the floor or building walking surface as a decora- 53 tive or functional building interior or exterior feature, and (iii) 54 primarily constructed of a top surface of synthetic or natural faceS. 7508--A 157 A. 9508--A 1 fibers or yarns or tufts attached to a backing system made of synthetic 2 or natural materials. "Carpet" includes, but is not limited to, a 3 commercial or residential broadloom carpet, modular carpet tiles, and 4 artificial turf, pad or underlayment used in conjunction with a carpet. 5 "Carpet" does not include handmade rugs, area rugs, or mats. 6 3. "Collection site" means a permanent location in the state at which 7 discarded covered products may be returned by a consumer. 8 4. "Consumer" means a person located in the state who purchases, owns, 9 leases, or uses covered products, including but not limited to an indi- 10 vidual, a business, corporation, limited partnership, not-for-profit 11 corporation, the state, a public corporation, public school, school 12 district, private or parochial school or board of cooperative educa- 13 tional services or governmental entity. 14 5. "Covered product" means carpets or mattresses. 15 6. "Discarded covered product" means covered products that are no 16 longer used for its manufactured purpose. 17 7. "Distributor" or "wholesaler" means a person who buys or otherwise 18 acquires covered products from another source and sells or offers to 19 sell a covered product to retailers in this state. 20 8. "Energy recovery" means the process by which all or a portion of 21 solid waste materials are processed or combusted in order to utilize the 22 heat content or other forms of energy derived from such solid waste 23 materials. 24 9. "Mattress" means any resilient material, or combination of materi- 25 als, that is designed to be used as a bed. Mattress shall not include: 26 a. an unattached mattress pad or mattress topper that is intended to 27 be used with, or on top of a mattress; 28 b. a crib or bassinet mattress or car bed; 29 c. juvenile products, including: a carriage, basket, dressing table, 30 stroller, playpen, infant carrier, lounge pad, crib bumper, and the pads 31 for those juvenile products; 32 d. a water bed or air mattress; or 33 e. a fold-out sofa bed or futon. 34 10. "Producer" means any person who manufactures or renovates a 35 covered product that is sold, offered for sale, or distributed in the 36 state under the manufacturer's own name or brand. "Producer" includes: 37 a. the owner of a trademark or brand under which a covered product is 38 sold, offered for sale, or distributed in this state, whether or not 39 such trademark or brand is registered in the state; and 40 b. any person who imports a covered product into the United States 41 that is sold or offered for sale in the state and that is manufactured 42 by a person who does not have a presence in the United States. 43 11. "Product" means an item sold within the state that is deemed 44 eligible by the department for inclusion in this chapter as a covered 45 product. 46 12. "Product category" means a group of similar products. 47 13. "Proprietary information" means information that is a trade secret 48 or is production, commercial or financial information, that if disclosed 49 would impair the competitive position of the submitter and would make 50 available information not otherwise publicly available. 51 14. "Recycling" means to separate, dismantle or process the materials, 52 components or commodities contained in covered products for the purpose 53 of preparing the materials, components or commodities for use or reuse 54 in new products or components. "Recycling" does not include energy 55 recovery or energy generation by means of combustion, or landfillS. 7508--A 158 A. 9508--A 1 disposal of discarded covered products or discarded product component 2 materials. 3 15. "Recycling rate" means the percentage of discarded covered 4 products that is managed through recycling or reuse, as defined by this 5 title, and is computed by dividing the amount of discarded covered 6 products collected and recycled or reused by the total amount of 7 discarded covered products collected over a program year. 8 16. "Retailer" means any person who sells or offers for sale a covered 9 product to a consumer in the state. 10 17. "Reuse" means donating or selling a discarded covered product back 11 into the market for its original intended use, when the discarded 12 covered product retains its original performance characteristics and can 13 be used for its original purpose. 14 18. "Sale" or "sell" means a transfer of title to a covered product 15 for consideration, including a remote sale conducted through a sales 16 outlet, catalog, website, or similar electronic means. "Sale" or "sell" 17 includes a lease through which a covered product is provided to a 18 consumer by a producer, distributor, or retailer. 19 19. "Stewardship organization" means a nonprofit entity representing 20 covered product producers, or other designated representatives who are 21 cooperating with one another, to collectively establish and operate a 22 stewardship program for the purpose of complying with this title. 23 20. "Stewardship program" means a program financed and implemented by 24 producers, either individually, or collectively through a producer 25 responsibility organization, that provides for, but is not limited to, 26 the collection, transportation, reuse, recycling or proper management 27 through combustion or disposal, or an appropriate combination thereof, 28 of unwanted products. 29 § 27-3203. Stewardship organization responsibilities. 30 1. A stewardship organization shall be created and financed, individ- 31 ually or collectively, by carpet producers, and a mattress stewardship 32 organization shall be created and financed by mattress producers, indi- 33 vidually or collectively, to administer stewardship programs on behalf 34 of those respective producers. 35 2. On or before July first, two thousand twenty-one, a stewardship 36 organization representing the producer of a covered product must submit 37 a stewardship plan to the department on behalf of the producer and 38 receive approval of the plan. 39 3. A stewardship organization operating a stewardship program must 40 update the stewardship plan every three years, at a minimum, and submit 41 the updated plan to the department for review and approval. 42 4. The stewardship organization must notify the department within 43 thirty days of any significant changes or modifications to the plan or 44 its implementation. Within thirty days of the notification a written 45 plan amendment must be submitted to the department for review and 46 approval. 47 5. The stewardship plan shall include, at a minimum: 48 a. Certification that the stewardship program will accept for 49 collection all discarded covered products; 50 b. Contact information for each individual representing the steward- 51 ship organization, including the address of the stewardship organization 52 where the department will send any notifications and for service of 53 process, designation of a program manager responsible for administering 54 the program, a list of all producers participating in the stewardship 55 program, and contact information for each producer, including theS. 7508--A 159 A. 9508--A 1 address for service of process, and the brands covered by the product 2 stewardship program; 3 c. A description of the methods by which discarded covered products 4 will be collected with no charge to any person; 5 d. An explanation of how the stewardship program will, by January 6 first, two thousand twenty-two or six months after stewardship plan 7 approval, achieve, at a minimum, a convenience standard of having at 8 least one collection site in each county of the state, and at least one 9 additional collection site for every fifty thousand residents located in 10 a municipality, that accepts covered products from consumers during 11 normal business hours; however, with respect to a city having a popu- 12 lation of one million or more, after consultation with the appropriate 13 local or regional entity responsible for the collection of solid and 14 hazardous waste, the department may otherwise establish an alternative 15 convenience standard. Convenience standards will be evaluated by the 16 department periodically and the department may require additional 17 collection locations to ensure adequate consumer convenience; 18 e. A description of how the effectiveness of the stewardship program 19 will be monitored, evaluated, and maintained; 20 f. The names and locations of collection sites, transporters, and 21 processors who will manage discarded covered products; 22 g. A description of how the discarded covered products will be safely 23 and securely transported, tracked, and handled from collection through 24 final recycling and processing; 25 h. A description of the methods to be used to reuse or recycle 26 discarded covered products to ensure that the components, to the extent 27 feasible, are transformed or remanufactured into finished products for 28 use; 29 i. A description of the methods to be used to manage or dispose of 30 discarded covered products that cannot be recycled or reused; 31 j. A description of the outreach and educational materials that must 32 be provided to consumers, retailers, collection sites, and transporters 33 of discarded covered products, and how such outreach will be evaluated 34 for effectiveness; 35 k. An up-to-date stewardship organization website and toll-free tele- 36 phone number through which a consumer can easily learn how and where to 37 recycle their discarded covered products; 38 l. An annual performance goal, as determined by the department, 39 including an estimate of the percentage of discarded covered products 40 that will be collected, reused, and recycled during each year for the 41 next three years of the stewardship plan; 42 m. An evaluation of the status of end markets for discarded covered 43 products and what, if any, additional end markets are needed to improve 44 the functioning of the programs; and 45 n. A funding mechanism that demonstrates sufficient funding to carry 46 out the plan, including the administrative, operational, and capital 47 costs of the plan. 48 6. By July first, two thousand twenty-three, and by July first of each 49 year thereafter, the stewardship organization shall submit a report to 50 the department that includes, for the previous program year, a 51 description of the stewardship program, including, but not limited to, 52 the following: 53 a. a description of the methods used to collect, transport, and proc- 54 ess discarded covered products in regions of the state; 55 b. identification of all collection sites in the state;S. 7508--A 160 A. 9508--A 1 c. the weight of all discarded covered products collected and reused 2 or recycled in all regions of the state; 3 d. an evaluation of whether the performance goals and recycling rates 4 established in the stewardship plan have been achieved; 5 e. an estimated weight of discarded covered products and any component 6 materials that were collected pursuant to the stewardship plan, but not 7 recycled; and 8 f. any other information required by regulation promulgated by the 9 department. 10 7. A stewardship organization shall pay the department, the following 11 fees, which shall be adequate to cover the department's full costs of 12 administering and enforcing the stewardship program and shall not exceed 13 the amount necessary to recover costs incurred by the department in 14 connection with the administration and enforcement of the requirements 15 of this title: 16 a. an annual administrative fee to be established by the department in 17 regulations; and 18 b. a one-time fee of five thousand dollars for a plan covering an 19 individual producer, or ten thousand dollars for a plan for producers 20 acting collectively, upon submission of an initial stewardship plan. 21 § 27-3205. Producer responsibilities. 22 1. By January first, two thousand twenty-two, each producer shall, 23 individually or collectively, through a stewardship organization, imple- 24 ment and finance a statewide stewardship program that: 25 a. manages covered products by reducing its waste generation; 26 b. promotes covered product recycling and reuse or mattress recycling 27 and reuse; and 28 c. provides for negotiation and execution of agreements to collect, 29 transport, process, and market the producer's discarded covered products 30 for end-of-life recycling, reuse, or disposal. 31 2. No producer may sell or offer for sale covered products in the 32 state unless the producer is part of a stewardship organization, or 33 individually, operates a stewardship program in compliance with the 34 provisions of this title. 35 3. The stewardship program must be free to the consumer, convenient 36 and adequate to serve the needs of businesses and residents in all areas 37 of the state on an ongoing basis. 38 § 27-3207. Retailer and distributor responsibilities. 39 1. Beginning January first, two thousand twenty-three, no retailer or 40 distributor may sell or offer for sale covered products in the state 41 unless the producer of such covered product is participating in a 42 stewardship program. 43 2. Any retailer or distributor may participate, on a voluntary basis, 44 as a designated collection point pursuant to a product stewardship 45 program and in accordance with applicable law. 46 3. No retailer or distributor shall be found to be in violation of 47 this section if, on the date the covered products were ordered from the 48 producer or its agent, the producer was listed as compliant with this 49 title on the department's website. 50 § 27-3209. Department responsibilities. 51 1. Upon stewardship plan approval, the department shall post informa- 52 tion on its website about the stewardship organizations and its partic- 53 ipating producers who are in compliance with this title. 54 2. Beginning January first, two thousand twenty-two, the department 55 shall post on its website the location of all collection sites identi-S. 7508--A 161 A. 9508--A 1 fied to the department by the stewardship organization in its plans and 2 annual reports. 3 3. The department shall post on its website each stewardship plan 4 approved by the department. 5 4. Within sixty days after receipt of a proposed stewardship plan or 6 plan amendment, the department shall approve or reject the plan or the 7 plan amendment. If the plan or plan amendment is approved, the depart- 8 ment shall notify the stewardship organization in writing. If the 9 department rejects the plan or plan amendment, the department shall 10 notify the stewardship organization in writing stating the reason for 11 rejecting the plan or plan amendment. A stewardship organization whose 12 plan is rejected must submit a revised plan to the department within 13 thirty days of receiving a notice of rejection. 14 5. The department shall deposit the fees collected pursuant to this 15 title into the stewardship organization fund as established pursuant to 16 section ninety-two-jj of the state finance law. 17 § 27-3211. Rules and regulations. 18 The department is authorized to promulgate any rules and regulations 19 necessary to implement this title. 20 § 27-3213. Enforcement and penalties. 21 1. Except as otherwise provided in this section, any person or entity 22 that violates any provision of or fails to perform any duty imposed 23 pursuant to this title or any rule or regulation promulgated pursuant 24 thereto, or any term or condition of any registration or permit issued 25 pursuant thereto, or any final determination or order of the commission- 26 er made pursuant to this article or article seventy-one of this chapter 27 shall be liable for a civil penalty not to exceed five hundred dollars 28 for each violation and an additional penalty of not more than five 29 hundred dollars for each day during which such violation continues. 30 2. Any retailer or distributor who violates any provision of or fails 31 to perform any duty imposed pursuant to this title or any rule or regu- 32 lation promulgated pursuant thereto, or any term or condition of any 33 registration or permit issued pursuant thereto, or any final determi- 34 nation or order of the commissioner made pursuant to this article or 35 article seventy-one of this chapter shall be liable for a civil penalty 36 not to exceed one thousand dollars for each violation and an additional 37 penalty of not more than one thousand dollars for each day during which 38 such violation continues. 39 3. a. Any producer or stewardship organization who violates any 40 provision of or fails to perform any duty imposed pursuant to this title 41 or any rule or regulation promulgated pursuant thereto, or any term or 42 condition of any registration or permit issued pursuant thereto, or any 43 final determination or order of the commissioner made pursuant to this 44 article or article seventy-one of this chapter shall be liable for a 45 civil penalty not to exceed five thousand dollars for each violation and 46 an additional penalty of not more than one thousand five hundred dollars 47 for each day during which such violation continues. For a second 48 violation committed within twelve months of a prior violation, the 49 producer or stewardship organization shall be liable for a civil penalty 50 not to exceed ten thousand dollars and an additional penalty of not more 51 than three thousand dollars for each day during which such violation 52 continues. For a third or subsequent violation committed within twelve 53 months of any prior violation, the producer or stewardship organization 54 shall be liable for a civil penalty of not to exceed twenty thousand 55 dollars and an additional penalty of six thousand dollars for each day 56 during which such violation continues.S. 7508--A 162 A. 9508--A 1 b. All producers participating in a stewardship organization shall be 2 jointly and severally liable for any penalties assessed against the 3 stewardship organization pursuant to this title and article seventy-one 4 of this chapter. 5 4. Civil penalties under this section shall be assessed by the depart- 6 ment after an opportunity to be heard pursuant to the provisions of 7 section 71-1709 of this chapter, or by the court in any action or 8 proceeding pursuant to section 71-2727 of this chapter, and in addition 9 thereto, such person or entity may by similar process be enjoined from 10 continuing such violation and any permit, registration or other approval 11 issued by the department may be revoked or suspended or a pending 12 renewal denied. 13 5. The department and the attorney general are hereby authorized to 14 enforce the provisions of this title and all monies collected shall be 15 deposited to the credit of the environmental protection fund established 16 pursuant to section ninety-two-s of the state finance law. 17 § 27-3215. State preemption. 18 Jurisdiction in all matters pertaining to covered products recycling 19 is, by this title, vested exclusively in the state. Any provision of any 20 local law or ordinance, or any rule or regulation promulgated thereto, 21 governing covered product recycling shall, upon the effective date of 22 this title, be preempted; provided however, that nothing in this section 23 shall preclude a person from coordinating, for recycling or reuse, the 24 collection of covered products. 25 § 27-3217. Report and criteria for identifying additional covered 26 products or product categories. 27 1. The department shall by November first, two thousand twenty-two, 28 and biannually thereafter, publish: 29 a. a review and evaluation of the performance of existing stewardship 30 programs in the state; 31 b. legislative recommendations the department would propose to improve 32 existing stewardship programs; and 33 c. recommendations for establishing new stewardship programs. The 34 department may identify a product or product category as a candidate for 35 a stewardship program if it is determined after evaluation of each of 36 the following that: 37 (i) a stewardship program for the product or product category will 38 increase the recovery of materials for reuse and recycling and reduce 39 the need for use of virgin materials; 40 (ii) a stewardship program for the product or product category will 41 reduce the costs of waste management to local governments and taxpayers; 42 (iii) a stewardship program for the product or product category will 43 enhance energy conservation or mitigate climate change impacts; 44 (iv) a stewardship program for the product or product category will be 45 beneficial for existing and new businesses and infrastructure to manage 46 the products and lead to the development of new industries to utilize 47 the recovered materials; 48 (v) there exists public demand for a stewardship program for the prod- 49 uct or product category; 50 (vi) there is success in collecting and processing similar types of 51 products in programs in other states or countries; or 52 (vii) existing voluntary stewardship programs for the product or prod- 53 uct category in the state are not effective in achieving the policy of 54 this chapter. 55 2. At least thirty days prior to publishing the report pursuant to 56 subdivision one of this section the department shall post the report onS. 7508--A 163 A. 9508--A 1 its publicly accessible website. Within that period, a person may submit 2 to the department written comments regarding the report. 3 § 27-3219. Severability. 4 The provisions of this title shall be severable and if any phrase, 5 clause, sentence or provision of this title, or the applicability there- 6 of to any person or circumstance shall be held invalid, the remainder of 7 this title and the application thereof shall not be affected thereby. 8 § 2. The state finance law is amended by adding a new section 92-jj to 9 read as follows: 10 § 92-jj. Stewardship organization fund. 1. There is hereby established 11 in the joint custody of the state comptroller and the commissioner of 12 the department of taxation and finance a special fund to be known as the 13 "stewardship organization fund". 14 2. The stewardship organization fund shall consist of all revenue 15 collected from fees pursuant to title thirty-two of article twenty-seven 16 of the environmental conservation law and any cost recoveries or other 17 revenues collected pursuant to title thirty-two of article twenty-seven 18 of the environmental conservation law, and any other monies deposited 19 into the fund pursuant to law. 20 3. Moneys of the fund, following appropriation by the legislature, 21 shall be used for execution of stewardship organization program adminis- 22 tration pursuant to title thirty-two of article twenty-seven of the 23 environmental conservation law, and expended for the purposes as set 24 forth in title thirty-two of article twenty-seven of the environmental 25 conservation law. 26 § 3. This act shall take effect immediately. 27 PART TT 28 Section 1. The opening paragraph of subdivision 1 and subdivision 2 of 29 section 24-0107 of the environmental conservation law, as amended by 30 chapter 654 of the laws of 1977, are amended to read as follows: 31 "Freshwater wetlands" means lands and waters of the state [as shown on32the freshwater wetlands map which] that have an area of at least twelve 33 and four-tenths acres in size, or if less than twelve and four-tenths 34 acres are of unusual importance; and contain any or all of the follow- 35 ing: 36 2. "Freshwater wetlands map" shall mean a map [promulgated] developed 37 by the department pursuant to section 24-0301 of this article on which 38 are indicated the boundaries of any freshwater wetlands. These maps will 39 serve the purpose of educating the public on the approximate location of 40 wetlands. These maps are for educational purposes only and are not 41 controlling for purposes of determining if a wetlands permit is required 42 pursuant to section 24-0701 of this article. 43 § 2. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the environ- 44 mental conservation law are REPEALED. 45 § 3. Subdivisions 6, 7 and 8 of section 24-0301 of the environmental 46 conservation law, subdivision 6 as amended by chapter 16 of the laws of 47 2010 and subdivision 7 as amended and subdivision 8 as added by chapter 48 654 of the laws of 1977, are amended to read as follows: 49 [6.] 1. Except as provided in subdivision [eight] three of this 50 section, the commissioner shall supervise the maintenance of [such boun-51dary] freshwater wetlands maps, which shall be available to the public 52 [for inspection and examination at the regional office of the department53in which the wetlands are wholly or partly located and in the office of54the clerk of each county in which each such wetland or a portion thereofS. 7508--A 164 A. 9508--A 1is located] on the department's website. The commissioner may readjust 2 the map [thereafter to clarify the boundaries of the wetlands, to3correct any errors on the map, to effect any additions, deletions or4technical changes on the map, and to reflect changes as have occurred as5a result of the granting of permits pursuant to section 24-0703 of this6article, or natural changes which may have occurred through erosion,7accretion, or otherwise. Notice of such readjustment shall be given in8the same manner as set forth in subdivision five of this section for the9promulgation of final freshwater wetlands maps. In addition, at the time10notice is provided pursuant to subdivision five of this section, the11commissioner shall update any digital image of the map posted on the12department's website to reflect such readjustment] at any time to more 13 accurately depict the approximate location of wetlands. 14 [7.] 2. Except as provided in subdivision [eight] three of this 15 section, the commissioner may, upon his own initiative, and shall, upon 16 a written request by a landowner whose land or a portion thereof may be 17 included within a wetland, or upon the written request of another person 18 or persons or an official body whose interests are shown to be affected, 19 cause to be delineated [more precisely] the boundary line or lines of a 20 freshwater wetland or a portion thereof. [Such more precise delineation21of a freshwater wetland boundary line or lines shall be of appropriate22scale and sufficient clarity to permit the ready identification of indi-23vidual buildings and of other major man-made structures or facilities or24significant geographical features with respect to the boundary of any25freshwater wetland.] The commissioner shall undertake to delineate the 26 boundary of a particular wetland or wetlands, or a particular part of 27 the boundary thereof only upon a showing by the applicant therefor of 28 good cause for such [more precise] delineation and the establishment of 29 such [more precise] line. 30 [8.] 3. The supervision of the maintenance of any freshwater wetlands 31 map or portion thereof applicable to wetlands within the Adirondack 32 park, the readjustment and precise delineation of wetland boundary lines 33 and the other functions and duties ascribed to the commissioner by 34 subdivisions [six and seven] one and two of this section shall be 35 performed by the Adirondack park agency, which shall make such maps 36 available [for public inspection and examination at its headquarters] on 37 the agency's website. 38 § 4. Subdivisions 1 and 4 of section 24-0701 of the environmental 39 conservation law, subdivision 1 as amended by chapter 654 of the laws of 40 1977 and subdivision 4 as amended by chapter 697 of the laws of 1979, 41 are amended to read as follows: 42 1. [After issuance of the official freshwater wetlands map of the43state, or of any selected section or region thereof, any] Any person 44 desiring to conduct on freshwater wetlands [as so designated thereon] 45 any of the regulated activities set forth in subdivision two of this 46 section must obtain a permit as provided in this title. 47 4. [The] On lands in active agricultural use, the activities of farm- 48 ers and other landowners in grazing and watering livestock, making 49 reasonable use of water resources, harvesting natural products of the 50 wetlands, selectively cutting timber, draining land or wetlands for 51 growing agricultural products and otherwise engaging in the use of 52 wetlands or other land for growing agricultural products shall be 53 excluded from regulated activities and shall not require a permit under 54 subdivision one [hereof] of this section, except that structures not 55 required for enhancement or maintenance of the agricultural productivity 56 of the land and any filling activities shall not be excluded hereunder,S. 7508--A 165 A. 9508--A 1 and provided that the use of land [designated as a freshwater wetland2upon the freshwater wetlands map at the effective date thereof] that 3 meets the definition of a freshwater wetland in section 24-0107 of this 4 article for uses other than those referred to in this subdivision shall 5 be subject to the provisions of this article. 6 § 5. Subdivision 5 of section 24-0703 of the environmental conserva- 7 tion law, as amended by section 38 of part D of chapter 60 of the laws 8 of 2012, is amended to read as follows: 9 5. [Prior to the promulgation of the final freshwater wetlands map in10a particular area and the implementation of a freshwater wetlands11protection law or ordinance, no person shall conduct, or cause to be12conducted, any activity for which a permit is required under section1324-0701 of this title on any freshwater wetland unless he has obtained a14permit from the commissioner under this section.] Any person may inquire 15 of the department as to whether or not a given parcel of land [will be16designated] includes a freshwater wetland subject to regulation. The 17 department shall give a definite answer in writing within [thirty] sixty 18 days of such request as to [whether] the status of such parcel [will or19will not be so designated]. Provided that, in the event that weather or 20 ground conditions prevent the department from making a determination 21 within [thirty] sixty days, it may extend such period until a determi- 22 nation can be made. Such answer in the affirmative shall be reviewable; 23 such an answer in the negative shall be a complete defense to the 24 enforcement of this article as to such parcel of land. [The commissioner25may by regulation adopted after public hearing exempt categories or26classes of wetlands or individual wetlands which he determines not to be27critical to the furtherance of the policies and purposes of this arti-28cle.] 29 § 6. Subdivision 1 of section 24-0901 of the environmental conserva- 30 tion law, as added by chapter 614 of the laws of 1975, is amended to 31 read as follows: 32 1. [Upon completion of the freshwater wetlands map, the] The commis- 33 sioner shall confer with local government officials in each region in 34 which the inventory has been conducted to establish a program for the 35 protection of the freshwater wetlands of the state. 36 § 7. Subdivisions 1 and 5 of section 24-0903 of the environmental 37 conservation law, as added by chapter 614 of the laws of 1975, are 38 amended to read as follows: 39 1. [Upon completion of the freshwater wetlands map of the state, or of40any selected section or region thereof, the] The commissioner shall 41 [proceed to] classify freshwater wetlands [so designated thereon] regu- 42 lated pursuant to section 24-0701 of this article according to their 43 most appropriate uses, in light of the values set forth in section 44 24-0105 of this article and the present conditions of such wetlands. The 45 commissioner shall determine what uses of such wetlands are most compat- 46 ible with the foregoing and shall prepare minimum land use regulations 47 to permit only such compatible uses. The classifications may cover 48 freshwater wetlands in more than one governmental subdivision. Permits 49 pursuant to section 24-0701 of this article are required whether or not 50 a classification has been promulgated. 51 5. Prior to the adoption of any land use regulations governing fresh- 52 water wetlands, the commissioner shall hold a public hearing thereon in 53 the area in which the affected freshwater wetlands are located, and give 54 fifteen days prior notice thereof by posting on the department's website 55 or by publication at least once in a newspaper having general circu- 56 lation in the area of the local government involved. The commissionerS. 7508--A 166 A. 9508--A 1 shall promulgate the regulations within thirty days of such hearing and 2 post such order on the department's website or publish such order [at3least once] in a newspaper having general circulation in the area of the 4 local government affected and make such plan available for public 5 inspection and review; such order shall not take effect until thirty 6 days after the filing thereof with the clerk of the county in which such 7 wetland is located. 8 § 8. Subdivisions 2 and 3 of section 34-0104 of the environmental 9 conservation law, as added by chapter 841 of the laws of 1981, are 10 amended to read as follows: 11 2. Upon completion of a preliminary identification of an erosion 12 hazard area, the commissioner or his designated hearing officer shall 13 hold a public hearing in a place reasonably accessible to residents of 14 the affected area in order to afford an opportunity for any person to 15 propose changes in such preliminary identification. The commissioner 16 shall [give notice of such hearing to each owner of record, as shown on17the latest completed tax assessment rolls, of lands included within such18area, and also to the chief executive officer and clerk of each local19government within the boundaries of which any portion of such area may20be located, by certified mail at least thirty days prior to the date set21for such hearing, and shall] insure that a copy of the preliminary iden- 22 tification is available for public inspection at a convenient location 23 [in such local government]. The commissioner shall also cause notice of 24 such hearing to be published at least once, not more than thirty days 25 nor fewer than ten days before the date set for such hearing, in at 26 least one newspaper having general circulation in the area involved and 27 in the environmental notice publication provided for under section 28 3-0306 of this chapter. 29 3. After considering the testimony given at such hearings and the 30 potential erosion hazard in accordance with the purposes and policies of 31 this article, and after consultation with affected local governments, 32 the commissioner shall issue the final identification of the erosion 33 hazard areas. Such final identification shall not be made less than 34 sixty days from the date of the public hearing required by subdivision 35 two hereof. A copy of such final identification shall be filed in the 36 office of the clerk of each local government in which such area or any 37 portion thereof is located. Notice [that such final identification has38been made shall be given each owner of lands included within the erosion39hazard area, as such ownership is shown on the latest completed tax40assessment rolls, by certified mail in any case where a notice by certi-41fied mail was not sent pursuant to subdivision two of this section, and42in all other cases by first class mail. Such notice] shall also be given 43 at such time to the chief executive officer of each local government 44 within the boundaries of which such erosion hazard area or any portion 45 thereof is located. 46 § 9. Paragraphs (a) and (b) of subdivision 8 of section 70-0117 of the 47 environmental conservation law, as added by section 1 of part AAA of 48 chapter 59 of the laws of 2009, are amended to read as follows: 49 (a) All persons required to obtain a permit from the department pursu- 50 ant to section 24-0701 of this chapter shall submit to the department an 51 application fee in an amount [not to exceed the following:52(i) fifty dollars per application for a permit for a minor project as53defined in this article or modification to any existing permit issued54pursuant to section 24-0701 of this chapter;S. 7508--A 167 A. 9508--A 1(ii) fifty dollars per application for a permit for a residential2project defined as associated with one single family dwelling and3customary appurtenances thereto;4(iii) one hundred dollars per application for multiple family dwelling5and customary appurtenances thereto;6(iv) two hundred dollars per application for a permit for any other7project as defined in this article] specified in regulations promulgated 8 by the department. 9 (b) All persons required to obtain a permit from the department pursu- 10 ant to section 25-0402 of this chapter shall submit to the department an 11 application fee in an amount [not to exceed the following:12(i) two hundred dollars per application for a permit for a minor13project as defined in this article or modification to any existing14permit issued pursuant to section 25-0402 of this chapter;15(ii) nine hundred dollars per application for a permit for a project16as defined in this article] specified in regulations promulgated by the 17 department. 18 § 10. Paragraph (c) of subdivision 8 of section 70-0117 of the envi- 19 ronmental conservation law, as added by section 1 of part AAA of chapter 20 59 of the laws of 2009, is amended to read as follows: 21 (c) [All fees] Fees collected pursuant to [this] paragraph (a) of this 22 subdivision shall be deposited [into the environmental protection fund23pursuant to section ninety-two-s of the state finance law] to the credit 24 of the conservation fund. Fees collected pursuant to paragraph (b) of 25 this subdivision shall be deposited to the credit of the marine 26 resources account of the conservation fund. 27 (d) Application fees required pursuant to this subdivision will not be 28 required for any state department. 29 § 11. The title heading of title 25 of article 71 of the environmental 30 conservation law, as added by chapter 182 of the laws of 1975, is 31 amended to read as follows: 32 ENFORCEMENT OF ARTICLE 25 AND ARTICLE 34 33 § 12. Section 71-2501 of the environmental conservation law, as added 34 by chapter 182 of the laws of 1975, is amended to read as follows: 35 § 71-2501. Applicability of this title. 36 The provisions of this title shall be applicable to the enforcement of 37 article twenty-five and article thirty-four. 38 § 13. Subdivisions 1 and 2 of section 71-2503 of the environmental 39 conservation law, as amended by chapter 666 of the laws of 1989, are 40 amended to read as follows: 41 1. Administrative sanctions. 42 a. Any person who violates, disobeys or disregards any provision of 43 article twenty-five or article thirty-four shall be liable to the people 44 of the state for a civil penalty of not to exceed ten thousand dollars 45 for every such violation, to be assessed, after a hearing or opportunity 46 to be heard, by the commissioner. Each violation shall be a separate and 47 distinct violation and, in the case of a continuing violation, each 48 day's continuance thereof shall be deemed a separate and distinct 49 violation. The penalty may be recovered in an action brought by the 50 commissioner in any court of competent jurisdiction. Such civil penalty 51 may be released or compromised by the commissioner before the matter has 52 been referred to the attorney general; and where such matter has been 53 referred to the attorney general, any such penalty may be released or 54 compromised and any action commenced to recover the same may be settledS. 7508--A 168 A. 9508--A 1 and discontinued by the attorney general with the consent of the commis- 2 sioner. 3 b. Upon determining that significant damage to the functions and bene- 4 fits of tidal wetlands or coastal erosion hazard areas is occurring or 5 is imminent as a result of any violation of article twenty-five or arti- 6 cle thirty-four, including but not limited to (i) activity taking place 7 requiring a permit under article twenty-five or article thirty-four but 8 for which no permit has been granted or (ii) failure on the part of a 9 permittee to adhere to permit conditions, the commissioner shall have 10 power to direct the violator to cease and desist from violating the act. 11 In such cases the violator shall be provided an opportunity to be heard 12 within ten days of receipt of the notice to cease and desist. 13 c. Following a hearing held pursuant to section 71-1709 of this arti- 14 cle, the commissioner shall have power to direct the violator to cease 15 and desist from violating the act and to restore the affected tidal 16 wetland or area immediately adjacent thereto or coastal erosion hazard 17 areas to its condition prior to the violation, insofar as that is possi- 18 ble within a reasonable time and under the supervision of the commis- 19 sioner. Any order of the commissioner shall be enforceable in an action 20 brought by the commissioner in any court of competent jurisdiction. Any 21 civil penalty or order issued by the commissioner under this subdivision 22 shall be reviewable in a proceeding under article seventy-eight of the 23 civil practice law and rules. 24 2. Criminal sanctions. Any person who violates any provision of arti- 25 cle twenty-five or article thirty-four shall, in addition, for the first 26 offense, be guilty of a violation punishable by a fine of not less than 27 five hundred nor more than five thousand dollars; for a second and each 28 subsequent offense such person shall be guilty of a misdemeanor punisha- 29 ble by a fine of not less than one thousand nor more than ten thousand 30 dollars or a term of imprisonment of not less than fifteen days nor more 31 than six months or both. In addition to or instead of these punishments, 32 any offender shall be punishable by being ordered by the court to 33 restore the affected tidal wetland or area immediately adjacent thereto 34 or coastal erosion hazard areas to its condition prior to the offense, 35 insofar as that is possible. The court shall specify a reasonable time 36 for the completion of the restoration, which shall be effected under the 37 supervision of the commissioner. Each offense shall be a separate and 38 distinct offense and, in the case of a continuing offense, each day's 39 continuance thereof shall be deemed a separate and distinct offense. 40 § 14. Section 71-2505 of the environmental conservation law, as 41 amended by chapter 249 of the laws of 1997, is amended to read as 42 follows: 43 § 71-2505. Enforcement. 44 The attorney general, on his or her own initiative or at the request 45 of the commissioner, shall prosecute persons who violate article twen- 46 ty-five or article thirty-four. In addition the attorney general, on 47 his or her own initiative or at the request of the commissioner, shall 48 have the right to recover a civil penalty of up to ten thousand dollars 49 for every violation of any provision of such [article] articles, and to 50 seek equitable relief to restrain any violation or threatened violation 51 of such [article] articles and to require the restoration of any 52 affected tidal wetland or area immediately adjacent thereto or coastal 53 erosion hazard area to its condition prior to the violation, insofar as 54 that is possible, within a reasonable time and under the supervision of 55 the commissioner. In the case of a continuing violation, each day's 56 continuance thereof shall be deemed a separate and distinct violation.S. 7508--A 169 A. 9508--A 1 § 15. Section 71-2507 of the environmental conservation law, as added 2 by chapter 182 of the laws of 1975, is amended to read as follows: 3 § 71-2507. Pollution of tidal wetlands or coastal erosion hazard area. 4 Where any tidal wetlands or coastal erosion hazard area are subject to 5 pollution, the commissioner and attorney general shall take all appro- 6 priate action to abate the pollution. In addition, the commissioner may 7 restrict or order cessation of solid waste disposal, deep well disposal, 8 or liquid waste disposal where such is polluting a given area of tidal 9 wetland or coastal erosion hazard area. Where pesticides, chemical 10 products, or fertilizer residues are the polluting agents, the commis- 11 sioner shall confer with other appropriate public officials to limit the 12 use of such substances at their source; after appropriate consultations, 13 the commissioner may make such rules and regulations as he deems neces- 14 sary under section 3-0301 of [the environmental conservation law] this 15 chapter. 16 § 16. This act shall take effect immediately, provided, however, that 17 sections one, two, three, four, five, six, seven, eight and nine of this 18 act shall take effect on January 1, 2022, except that any rule or regu- 19 lation necessary for the timely implementation of this act on its effec- 20 tive date shall be promulgated on or before such date. 21 PART UU 22 Section 1. This act enacts into law components of legislation which 23 are necessary to implement legislation relating to the Bay Park Convey- 24 ance Project. Each component is wholly contained within a Subpart iden- 25 tified as Subparts A through C. The effective date for each particular 26 provision contained within such Subpart is set forth in the last section 27 of such Subpart. Any provision in any section contained within a 28 Subpart, including the effective date of the Subpart, which makes a 29 reference to a section "of this act", when used in connection with that 30 particular component, shall be deemed to mean and refer to the corre- 31 sponding section of the Subpart in which it is found. Section three of 32 this act sets forth the general effective date of this act. 33 SUBPART A 34 Section 1. The county of Nassau, is hereby authorized, acting by and 35 through the county legislature of such county, and the department of 36 environmental conservation, acting by and through the commissioner of 37 such department or his or her designee, for the purpose of constructing, 38 operating, maintaining and repairing a sub-surface sewer main, are here- 39 by authorized to establish (a) permanent easements upon and under the 40 parklands described in sections four, five, seven, eight, ten and eleven 41 of this act, and (b) temporary easements upon and under the parklands 42 described in sections three, six, and nine of this act. Authorization 43 for the temporary easements described in sections three, six, and nine 44 of this act shall cease upon the completion of the construction of such 45 sewer main, at which time the department of environmental conservation 46 shall restore the surface of the parklands disturbed and the parklands 47 shall continue to be used for park purposes as they were prior to the 48 establishment of such temporary easements. Authorization for the perma- 49 nent easements described in sections four, five, seven, eight, ten and 50 eleven of this act shall require that the department of environmental 51 conservation restore the surface of the parklands disturbed and theS. 7508--A 170 A. 9508--A 1 parklands shall continue to be used for park purposes as they were prior 2 to the establishment of the permanent easements. 3 § 2. The authorization granted in section one of this act shall be 4 effective only upon the condition that the county of Nassau dedicate an 5 amount equal to or greater than the fair market value of the permanent 6 and temporary easements being conveyed and the temporary alienation 7 pursuant to section one of this act to the acquisition of new parklands 8 and/or capital improvements to existing park and recreational facili- 9 ties. 10 § 3. TEMPORARY EASEMENT - Force main shaft construction area. Park- 11 land upon and under which a temporary easement may be established pursu- 12 ant to subdivision (b) of section one of this act is described as all 13 that certain plot, piece or parcel of land with buildings and improve- 14 ments thereon erected, situate, lying and being located at Bay Park, 15 Town of Hempstead, County of Nassau and State of New York being more 16 particularly bounded and described as follows: beginning at a point on 17 the northerly line of the Nassau County Sewage Treatment Plant property, 18 said Point of Beginning being South 68°00' East, as measured along 19 northerly line of said sewage treatment plant, 543 feet plus or minus, 20 from the intersection of the northerly line Nassau County Sewage Treat- 21 ment Plant with the westerly side of Compton Street; running thence 22 South 68°00' East, along the northerly line of said sewage treatment 23 plant, 247 feet plus or minus; thence South 07°04' West 196 feet plus or 24 minus; thence North 78°37' West 33 feet plus or minus; thence North 25 06°10' East 105 feet plus or minus; thence North 30°53' West 56 feet 26 plus or minus; thence North 64°27' West 190 feet plus or minus; thence 27 North 20°21' East 49 feet plus or minus, to the northerly line of the 28 Nassau County Sewage Treatment Plant, at the Point of Beginning. 29 Containing within said bounds 19,700 square feet plus or minus. The 30 above described temporary easement is for the construction of a thirty- 31 foot diameter access shaft. The location of said access shaft is more 32 particularly described in section four of this act. Said parcel being 33 part of property designated as Section: 42 Block: A Lots: 50, 57 on the 34 Nassau County Land and Tax Map. 35 § 4. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and 36 under which a permanent easement may be established pursuant to subdivi- 37 sion (a) of section one of this act is described as all that certain 38 plot, piece or parcel of land with buildings and improvements thereon 39 erected, situate, lying and being located at Bay Park, Town of Hemp- 40 stead, County of Nassau and State of New York being more particularly 41 bounded and described as follows: a circular easement with a radius of 42 15 feet, the center of said circle being the following three (3) courses 43 from the intersection of the northerly line of the Nassau County Sewage 44 Treatment Plant with the westerly side of Compton Street: running thence 45 South 68°00' East, along the northerly line of said sewage treatment 46 plant, 581 feet plus or minus to the centerline of the permanent ease- 47 ment for a force main described in section five of this act; thence 48 South 21°34' West, along said centerline, 17 feet plus or minus; thence 49 South 14°28' West, continuing along said centerline, 1,439 feet plus or 50 minus, to the center of the herein described circular easement. Contain- 51 ing within said bound 707 square feet plus or minus. Said permanent 52 easement is for an access shaft that extends from the surface of the 53 ground to an approximate depth of 70 feet. Any permanent surface 54 improvements for cathodic protection, if necessary, would be flush with 55 the ground surface or integrated into site landscaping. Said parcelS. 7508--A 171 A. 9508--A 1 being part of property designated as Section: 42 Block: A Lots: 50, 57 2 on the Nassau County Land and Tax Map. 3 § 5. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and 4 under which a permanent easement may be established pursuant to subdivi- 5 sion (a) of section one of this act is described as all that certain 6 plot, piece or parcel of land with buildings and improvements thereon 7 erected, situate, lying and being located at Bay Park, Town of Hemp- 8 stead, County of Nassau and State of New York being a 20-foot wide strip 9 of land more particularly bounded and described as follows: beginning at 10 a point on the northerly line of the Nassau County Sewage Treatment 11 Plant property, said Point of Beginning being South 68°00' East, as 12 measured along northerly line of said sewage treatment plant, 571 feet 13 plus or minus, from the intersection of the northerly line Nassau County 14 Sewage Treatment Plant with the westerly side of Compton Street; running 15 thence South 68°00' East, along the northerly line of said sewage treat- 16 ment plant, 20 feet plus or minus; thence South 21°34' West 17 feet plus 17 or minus; thence South 14°28' West 1,463 feet plus or minus; thence 18 North 75°32' West 20 feet plus or minus; thence North 14°28' East 1,464 19 feet plus or minus; thence North 21°34' East 18 feet plus or minus, to 20 the northerly line of the Nassau County Sewage Treatment Plant, at the 21 Point of Beginning. Containing within said bounds 29,600 square feet. 22 The above described permanent easement is for the construction and oper- 23 ation of a six-foot diameter force main at a minimum depth of fifteen 24 feet below the ground surface. Said parcel being part of property desig- 25 nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and 26 Tax Map. 27 § 6. TEMPORARY EASEMENT - Force main shaft construction area. Park- 28 land upon and under which a temporary easement may be established pursu- 29 ant to subdivision (b) of section one of this act is described as all 30 that certain plot, piece or parcel of land with buildings and improve- 31 ments thereon erected, situate, lying and being located at the hamlet of 32 Wantagh, Town of Hempstead, County of Nassau and State of New York being 33 more particularly bounded and described as follows: beginning at a point 34 on the northwesterly line of the herein described temporary easement for 35 the force main shaft construction area, said Point of Beginning being 36 more particularly described as commencing at the intersection of the 37 southerly side of Sunrise Highway Street with the southeasterly side of 38 Lakeview Road; running thence southerly along the southeasterly side of 39 Lakeview Road 243 feet plus or minus, to the centerline of the permanent 40 subsurface easement for force main described in section eight of this 41 act; thence South 60°06' East, along said centerline, 25 feet plus or 42 minus, to the northwesterly line of the temporary easement for the force 43 main shaft construction area, at the Point of Beginning. Running thence 44 North 39°06' East 111 feet plus or minus; thence South 55°47' East 70 45 feet plus or minus; thence South 38°42' West 240 feet plus or minus; 46 thence North 54°11' West 72 feet plus or minus; thence North 39°06' East 47 127 feet plus or minus, to the Point of Beginning. Containing within 48 said bounds 16,900 square feet plus or minus. The above described tempo- 49 rary easement is for the construction of a thirty-foot diameter access 50 shaft. The location of said access shaft is more particularly described 51 in section seven of this act. Said parcel being part of property desig- 52 nated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax 53 Map. 54 § 7. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and 55 under which a permanent easement may be established pursuant to subdivi- 56 sion (a) of section one of this act is described as all that certainS. 7508--A 172 A. 9508--A 1 plot, piece or parcel of land with buildings and improvements thereon 2 erected, situate, lying and being located at Hamlet of Wantagh, Town of 3 Hempstead, County of Nassau and State of New York being more particular- 4 ly bounded and described as follows: a circular easement with a radius 5 of 15 feet, the center of said circle being the following two (2) cours- 6 es from the intersection of the southerly side of Sunrise Highway with 7 the southeasterly side of Lakeview Road: Southerly along the southeast- 8 erly side of Lakeview Road 243 feet plus or minus, to the centerline of 9 the permanent subsurface easement for force main, described in section 10 eight of this act; South 60°06' East, along said centerline, 51 feet 11 plus or minus, to the center of the herein described circular easement. 12 Containing within said bounds a surface area of 707 square feet plus or 13 minus. Said permanent easement is for an access shaft that extends from 14 the surface of the ground to an approximate depth of 70 feet. Any perma- 15 nent surface improvements for cathodic protection, if necessary, would 16 be flush with the ground surface or integrated into site landscaping. 17 Said parcel being part of property designated as Section: 56 Block: Y 18 Lot: 259 on the Nassau County Land and Tax Map. 19 § 8. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and 20 under which a permanent easement may be established pursuant to subdivi- 21 sion (a) of section one of this act is described as all that certain 22 plot, piece or parcel of land with buildings and improvements thereon 23 erected, situate, lying and being located at the Hamlet of Wantagh, Town 24 of Hempstead, County of Nassau and State of New York being a 20-foot 25 wide strip of land more particularly bounded and described as follows: 26 beginning at a point on the southeasterly side of Lakeview Road, said 27 Point of Beginning being southwesterly 222 feet plus or minus, as meas- 28 ured along the southeasterly side of Lakeview Road from the intersection 29 of the southerly side of Sunrise Highway with the southeasterly side of 30 Lakeview Road; thence South 60°06' East 49 feet plus or minus; thence 31 South 32°15' East 1,759 feet plus or minus; thence South 16°16' West 53 32 feet plus or minus; thence North 32°15' West 1,785 feet plus or minus; 33 thence North 60°06' West 53 feet plus or minus, to the southeasterly 34 side of Lakeview Road; thence North 48°13' East, along the southeasterly 35 side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning. 36 Containing within said bounds 72,900 square feet plus or minus. The 37 above described permanent easement is for the construction and operation 38 of a six-foot diameter force main at a minimum depth of fifteen feet 39 below the ground surface. Said parcel being part of property designated 40 as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map. 41 § 9. TEMPORARY EASEMENT - Force main shaft construction area. Park- 42 land upon and under which a temporary easement may be established pursu- 43 ant to subdivision (b) of section one of this act is described as all 44 that certain plot, piece or parcel of land with buildings and improve- 45 ments thereon erected, situate, lying and being located at the hamlet of 46 Wantagh, Town of Hempstead, County of Nassau and State of New York being 47 more particularly bounded and described as follows: beginning at a point 48 on the northerly line of the herein described temporary easement for the 49 force main shaft construction area, said Point of Beginning being more 50 particularly described as commencing at the intersection of the souther- 51 ly side of Byron Street with the easterly side of Wantagh Parkway; 52 running thence southerly along the easterly side of Wantagh Parkway 319 53 feet plus or minus, to the centerline of the permanent subsurface ease- 54 ment for force main, described in section eleven of this act; thence 55 South 19°15' East, along said centerline, 257 feet plus or minus, to the 56 northerly line of the temporary easement for the force main shaftS. 7508--A 173 A. 9508--A 1 construction area, at the Point of Beginning. Running thence North 2 87°25' East 122 feet plus or minus; thence south 33°56' East 68 feet 3 plus or minus; thence South 04°43' East 54 feet plus or minus; thence 4 South 86°38' West 78 feet plus or minus; thence South 02°20' East 83 5 feet plus or minus; thence South 47°04' West 103 feet plus or minus; 6 thence South 86°22' West 28 feet plus or minus; thence North 08°39' West 7 264 feet plus or minus; thence North 87°25' East 53 feet plus or minus, 8 to the Point of Beginning. Containing within said bounds 36,500 square 9 feet plus or minus. The above described temporary easement is for the 10 construction of a thirty-foot diameter access shaft. The location of 11 said access shaft is more particularly described in section ten of this 12 act. Said parcel being part of property designated as Section: 63 Block: 13 261 Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County 14 Land and Tax Map. 15 § 10. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and 16 under which a permanent easement may be established pursuant to subdivi- 17 sion (a) of section one of this act is described as all that certain 18 plot, piece or parcel of land with buildings and improvements thereon 19 erected, situate, lying and being located at Hamlet of Wantagh, Town of 20 Hempstead, County of Nassau and State of New York being more particular- 21 ly bounded and described as follows: a circular easement with a radius 22 of 15 feet, the center of said circle being the following two (2) cours- 23 es from the intersection of the southerly side of Byron Street with the 24 easterly side of Wantagh Parkway: Southerly along the easterly side of 25 Wantagh Parkway 319 feet plus or minus, to the centerline of the perma- 26 nent subsurface easement for force main, described in section eleven of 27 this act; thence South 19°15' East, along said centerline, 315 feet plus 28 or minus, to the center of the herein described circular easement. 29 Containing within said bounds a surface area of 707 square feet plus or 30 minus. Said permanent easement is for an access shaft that extends from 31 the surface of the ground to an approximate depth of 70 feet. Any perma- 32 nent surface improvements for cathodic protection, if necessary, would 33 be flush with the ground surface or integrated into site landscaping. 34 Said parcel being part of property designated as Section: 63 Block: 261 35 Lots: 765G, 818A (Part of Cedar Creek Park) on the Nassau County Land 36 and Tax Map. 37 § 11. PERMANENT SUBSURFACE EASEMENT - Force main. Parkland upon and 38 under which a permanent easement may be established pursuant to subdivi- 39 sion (a) of section one of this act is described as all that certain 40 plot, piece or parcel of land with buildings and improvements thereon 41 erected, situate, lying and being located at the Hamlet of Wantagh, Town 42 of Hempstead, County of Nassau and State of New York being a 20-foot 43 wide strip of land more particularly bounded and described as follows: 44 beginning at a point on the easterly side of Wantagh Parkway, said Point 45 of Beginning being southerly 285 feet plus or minus, as measured along 46 the easterly side of Wantagh Parkway from the intersection of the south- 47 erly side of Byron Street with the easterly side of Wantagh Parkway; 48 running thence South 19°15' East 349 feet plus or minus; thence South 49 02°17' East 1,882 feet plus or minus; thence South 09°25' East 1,202 50 feet plus or minus; thence South 80°35' West 20 feet plus or minus; 51 thence North 09°25' West 1,203 feet plus or minus; thence North 02°17' 52 West 1,880 feet plus or minus; thence North 19°15' West 281 feet plus or 53 minus, to the easterly side of Wantagh Parkway; thence North 02°09' 54 West, along the easterly side of Wantagh Parkway, 68 feet plus or minus, 55 to the Point of Beginning. Containing within said bounds 68,000 square 56 feet plus or minus. The above described permanent easement is for theS. 7508--A 174 A. 9508--A 1 construction and operation of a six-foot diameter force main at a mini- 2 mum depth of fifteen feet below the ground surface. Said parcel being 3 part of property designated as Section: 63 Block: 261 Lots: 765G, 818A 4 (Part of Cedar Creek Park) on the Nassau County Land and Tax Map. 5 § 12. In the event that the county of Nassau received any funding 6 support or assistance from the federal government for the purchase, 7 maintenance, or improvement of the parklands set forth in sections three 8 through eleven of this act, the discontinuance and alienation of such 9 parklands authorized by the provisions of this act shall not occur until 10 the county of Nassau has complied with any applicable federal require- 11 ments pertaining to the alienation or conversion of parklands, including 12 satisfying the secretary of the interior that the alienation or conver- 13 sion complies with all conditions which the secretary of the interior 14 deems necessary to assure the substitution of other lands shall be 15 equivalent in fair market value and usefulness to the lands being alien- 16 ated or converted. 17 § 13. This act shall take effect immediately. 18 SUBPART B 19 Section 1. The village of East Rockaway, in the county of Nassau, is 20 hereby authorized, acting by and through the village board of such 21 village, and the department of environmental conservation, acting by and 22 through the commissioner of such department or his or her designee, for 23 the purpose of constructing, operating, maintaining and repairing a 24 sub-surface sewer main, are hereby authorized to establish (a) permanent 25 easements upon and under the parklands described in sections four and 26 five of this act, and (b) a temporary easement upon and under the park- 27 lands described in section three of this act. Authorization for the 28 temporary easement described in section three of this act shall cease 29 upon the completion of the construction of the sewer main, at which time 30 the department of environmental conservation shall restore the surface 31 of the parklands disturbed and the parklands shall continue to be used 32 for park purposes as they were prior to the grant of the temporary ease- 33 ment. Authorization for the permanent easements described in sections 34 four and five of this act shall require that the department of environ- 35 mental conservation restore the surface of the parklands disturbed and 36 the parklands shall continue to be used for park purposes as they were 37 prior to the establishment of the permanent easements. 38 § 2. The authorization provided in section one of this act shall be 39 effective only upon the condition that the village of East Rockaway 40 dedicate an amount equal to or greater than the fair market value of the 41 permanent and temporary easements being conveyed and the temporary 42 alienation pursuant to section one of this act to the acquisition of new 43 parklands and/or capital improvements to existing park and recreational 44 facilities within the Village of East Rockaway. 45 § 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- 46 land upon and under which a temporary easement may be established pursu- 47 ant to subdivision (b) of section one of this act is described as 48 follows: all that certain plot, piece or parcel of land with buildings 49 and improvements thereon erected, situate, lying and being located at 50 Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town 51 of Hempstead, County of Nassau and State of New York being more partic- 52 ularly bounded and described as follows: beginning at a point on the 53 westerly line of the herein described temporary easement for the force 54 main shaft construction area, said Point of Beginning being more partic-S. 7508--A 175 A. 9508--A 1 ularly described as commencing at the intersection of the northeasterly 2 side of Long Island Railroad right-of-way with the easterly side of 3 Ocean Avenue; running thence North 12°34' East, along the easterly side 4 of Ocean Avenue, 92 feet plus or minus, to the northerly line of proper- 5 ty designated as Section 38 Block E Lot 14, on the Nassau County Land 6 and Tax Map; thence South 74°46' East, partly along said northerly line, 7 206 feet plus or minus, to the westerly line of the temporary easement, 8 at the Point of Beginning. Running thence North 15°34' East 49 feet plus 9 or minus; thence South 67°33' East 238 feet plus or minus; thence South 10 07°07' West 31 feet plus or minus; thence South 86°06' West 161 feet 11 plus or minus; thence South 64°59' West 117 feet plus or minus; thence 12 North 15°34' East 140 feet plus or minus, to the Point of Beginning. 13 Containing within said bounds 23,000 square feet plus or minus. The 14 above described temporary easement is for the construction of a thirty- 15 foot diameter access shaft. The location of said access shaft is more 16 particularly described in section four of this act. Said parcel being 17 part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 18 21B on the Nassau County Land and Tax Map. 19 § 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and 20 under which a permanent easement may be established pursuant to subdivi- 21 sion (a) of section one of this act is described as all that certain 22 plot, piece or parcel of land with buildings and improvements thereon 23 erected, situate, lying and being located at Incorporated Village of 24 East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of 25 Nassau and State of New York being more particularly bounded and 26 described as follows: a circular easement with a radius of 15 feet, the 27 center of said circle being the following three (3) courses from the 28 intersection of the northeasterly side of Long Island Railroad right-of- 29 way with the easterly side of Ocean Avenue; North 12°34' East, along the 30 easterly side of Ocean Avenue, 92 feet plus or minus, to the northerly 31 line of property designated as Section 38 Block E Lot 14 on the Nassau 32 County Land and Tax Map; South 74°46' East, partly along the said north- 33 erly line, 333 feet plus or minus, to the centerline of the subsurface 34 easement for force main described in section five of this act; thence 35 South 19°04' West, along said centerline, 16 feet plus or minus, to the 36 center of the herein described circular easement. Containing within said 37 bounds a surface area of 707 square feet plus or minus. Said permanent 38 easement is for an access shaft that extends from the surface of the 39 ground to an approximate depth of 70 feet. Any permanent surface 40 improvements for cathodic protection, if necessary, would be flush with 41 the ground surface or integrated into site landscaping. Said parcel 42 being part of property designated as Section: 38, Block: E, Lots: 12, 43 14, 21A, 21B on the Nassau County Land and Tax Map. 44 § 5. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and 45 under which a permanent easement may be established pursuant to subdivi- 46 sion (a) of section one of this act is described as all that certain 47 plot, piece or parcel of land with buildings and improvements thereon 48 erected, situate, lying and being located at Incorporated Village of 49 East Rockaway, and the Hamlet of Oceanside, County of Nassau and State 50 of New York being a 20-foot wide strip of land more particularly bounded 51 and described as follows: beginning at a point on the westerly line of 52 the herein described permanent subsurface easement, said Point of Begin- 53 ning being more particularly described as commencing at the intersection 54 of the northeasterly side of Long Island Railroad right-of-way with the 55 easterly side of Ocean Avenue; running thence North 12°34' East, along 56 the easterly side of Ocean Avenue, 92 feet plus or minus, to the north-S. 7508--A 176 A. 9508--A 1 erly line of property designated as Section 38 Block E Lot 14 on the 2 Nassau County Land and Tax Map; thence South 74°46' East, partly along 3 the said northerly line, 323 feet plus or minus, to the westerly line of 4 the permanent easement, at the Point of Beginning. Running thence North 5 19°04' East 73 feet plus or minus, to the northerly line of property 6 designated as Section 38 Block E Lot 21A on the Nassau County Land and 7 Tax Map; thence South 60°10' East, along said northerly line, 20 feet 8 plus or minus; thence South 19°04' West 82 feet plus or minus; thence 9 South 15°40' East 116 feet plus or minus, to the south line of property 10 designated as Section 38 Block E Lot 21A on the Nassau County Land and 11 Tax Map; thence North 88°09' West 21 feet plus or minus; thence North 12 15°40' West 116 feet plus or minus; thence North 19°04' East 19 feet 13 plus or minus, to the Point of Beginning. Containing within said bounds 14 4,100 square feet plus or minus. The above described permanent easement 15 is for the construction and operation of a six-foot diameter force main 16 at a minimum depth of fifteen feet below the ground surface. Said parcel 17 being part of property designated as Section: 38, Block: E, Lots: 12, 18 14, 21A, 21B on the Nassau County Land and Tax Map. 19 § 6. In the event that the village of East Rockaway received any fund- 20 ing support or assistance from the federal government for the purchase, 21 maintenance, or improvement of the parklands set forth in sections three 22 through five of this act, the discontinuance and alienation of such 23 parklands authorized by the provisions of this act shall not occur until 24 the village of East Rockaway has complied with any applicable federal 25 requirements pertaining to the alienation or conversion of parklands, 26 including satisfying the secretary of the interior that the alienation 27 or conversion complies with all conditions which the secretary of the 28 interior deems necessary to assure the substitution of other lands shall 29 be equivalent in fair market value and usefulness to the lands being 30 alienated or converted. 31 § 7. This act shall take effect immediately. 32 SUBPART C 33 Section 1. The village of Rockville Centre, in the county of Nassau, 34 acting by and through the board of trustees of such village, and the 35 department of environmental conservation, acting by and through the 36 commissioner of such department or his or her designee, for the purpose 37 of constructing, operating, maintaining and repairing a sub-surface 38 sewer main, are hereby authorized to establish (a) permanent easements 39 upon and under the parklands described in sections three, four and six 40 of this act, and (b) temporary easements upon and under the parklands 41 described in sections five and seven of this act. Authorization for the 42 temporary easements described in sections five and seven of this act 43 shall cease upon the completion of the construction of the sewer main, 44 at which time the department of environmental conservation shall restore 45 the surface of the parklands disturbed and the parklands shall continue 46 to be used for park purposes as they were prior to the grant of the 47 temporary easements. Authorization for the permanent easements described 48 in sections three, four and six of this act shall require that the 49 department of environmental conservation restore the surface of the 50 parklands disturbed and the parklands shall continue to be used for park 51 purposes as they were prior to the establishment of the permanent ease- 52 ments. 53 § 2. The authorization provided in section one of this act shall be 54 effective only upon the condition that the village of Rockville CentreS. 7508--A 177 A. 9508--A 1 dedicate an amount equal to or greater than the fair market value of the 2 permanent and temporary easements being conveyed and the temporary 3 alienation pursuant to section one of this act to the acquisition of new 4 parklands and/or capital improvements to existing park and recreational 5 facilities within the village of Rockville Centre. 6 § 3. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and 7 under which a permanent easement may be established pursuant to subdivi- 8 sion (a) of section one of this act is described as all that certain 9 plot, piece or parcel of land with buildings and improvements thereon 10 erected, situate, lying and being located at Incorporated Village of 11 East Rockaway, and the Incorporated Village of Rockville Centre, Town of 12 Hempstead, County of Nassau and State of New York, being a 20-foot wide 13 strip of land more particularly bounded and described as follows: the 14 Point of Beginning being at the intersection of the northerly side of 15 Mill River Avenue with the easterly side of Riverside Road; running 16 thence northerly along the easterly side of Riverside Road 346 feet plus 17 or minus; thence South 13°01' West 346 feet plus or minus, to the north- 18 erly side of Mill River Avenue; thence westerly along the northerly side 19 of Mill River Avenue, 17 feet plus or minus, to the easterly side of 20 Riverside Road, at the Point of Beginning. Containing within said bounds 21 3,100 square feet plus or minus. The above described permanent easement 22 is for the construction and operation of a six-foot diameter force main 23 at a minimum depth of fifteen feet below the ground surface. Said parcel 24 being part of property designated as Section: 38 Block: 136 Lots: 231 on 25 the Nassau County Land and Tax Map. 26 § 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and 27 under which a permanent easement may be established pursuant to subdivi- 28 sion (a) of section one of this act is described as all that certain 29 plot, piece or parcel of land with buildings and improvements thereon 30 erected, situate, lying and being located at Incorporated Village of 31 Rockville Centre, Incorporated Village of East Rockaway, and Incorpo- 32 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State 33 of New York being more particularly bounded and described as a circular 34 easement with a radius of 15 feet, the center of said circle being the 35 following two (2) courses from the intersection of the northerly side of 36 Park Avenue with the easterly side of Oxford Road: Easterly along the 37 northerly side of Park Avenue, 203 feet plus or minus, to the centerline 38 of the permanent subsurface easement for force main described in section 39 six of this act; North 13°01' East, along said centerline, 953 feet plus 40 or minus, to the center of the herein described circular easement. 41 Containing within said bounds a surface area of 707 square feet plus or 42 minus. Said permanent easement is for an access shaft that extends from 43 the surface of the ground to an approximate depth of 70 feet. Any perma- 44 nent surface improvements for cathodic protection, if necessary, would 45 be flush with the ground surface or integrated into site landscaping. 46 Said parcel being part of property designated as Section: 38 Block: F 47 Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C on 48 the Nassau County Land and Tax Map. 49 § 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- 50 land upon and under which a temporary easement may be established pursu- 51 ant to subdivision (b) of section one of this act is described as all 52 that certain plot, piece or parcel of land with buildings and improve- 53 ments thereon erected, situate, lying and being located at Incorporated 54 Village of Rockville Centre, Incorporated Village of East Rockaway, and 55 Incorporated Village of Lynbrook, Town of Hempstead, County of Nassau 56 and State of New York being more particularly bounded and described asS. 7508--A 178 A. 9508--A 1 follows: Beginning at a point on the southerly side of the herein 2 described temporary easement for the force main shaft construction area, 3 said Point of Beginning being more particularly described as commencing 4 at the intersection of the northerly side of Park Avenue with the east- 5 erly side of Oxford Road; running thence easterly along the northerly 6 side of Park Avenue, 203 feet plus or minus, to the centerline of the 7 permanent subsurface easement for force main described in section six of 8 this act; thence North 13°01' East, along said centerline, 920 feet plus 9 or minus, to the southerly line of the temporary easement, at the Point 10 of Beginning. Running thence North 76°19' West 136 feet plus or minus, 11 to the easterly terminus of Merton Avenue (unopened); thence North 12 76°19' West, through the unopened part of Merton Avenue, 48 feet plus or 13 minus; thence North 14°49' East 5' feet plus or minus, to the northerly 14 side of Merton Avenue; thence North 14°49' East 27' feet plus or minus; 15 thence South 76°29' East 66 feet plus or minus; thence North 36°47' East 16 61 feet plus or minus; thence North 78°41' East 145 feet plus or minus; 17 thence South 65°54' East 46 feet plus or minus; thence South 29°39' West 18 147 feet plus or minus; thence North 76°19' West 42 feet plus or minus, 19 to the Point of Beginning. Containing within said bounds 22,800 square 20 feet plus or minus. The above described temporary easement is for the 21 construction of a thirty-foot diameter access shaft. The location of 22 said access shaft is more particularly described in section four of this 23 act. Said parcel being part of property designated as Section: 38 Block: 24 F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C 25 on the Nassau County Land and Tax Map. 26 § 6. PERMANENT SUBSURFACE EASEMENT - Force Main. Parkland upon and 27 under which a permanent easement may be established pursuant to subdivi- 28 sion (a) of section one of this act is described as all that certain 29 plot, piece or parcel of land with buildings and improvements thereon 30 erected, situate, lying and being located at Incorporated Village of 31 Rockville Centre, Incorporated Village of East Rockaway, and Incorpo- 32 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State 33 of New York being a 20-foot wide strip of land more particularly bounded 34 and described as follows: beginning at a point on the northerly side of 35 Park Avenue, said Point of Beginning 193 feet plus or minus easterly, as 36 measured along the northerly side of Park Avenue from the intersection 37 of the northerly side of Park Avenue with the easterly side of Oxford 38 Road; running thence North 13°01' East 956 feet plus or minus; thence 39 North 44°00' East 446 feet plus or minus, to the northeasterly line of 40 property designated as Section 38 Block F Lot 50F, on the Nassau County 41 Land and Tax Map; thence South 53°10' East, along said northeasterly 42 line, 20 feet plus or minus; thence South 44°00' West 443 feet plus or 43 minus; thence South 13°01' West 950 feet plus or minus, to the northerly 44 side of Park Avenue; thence North 79°36' West, along said northerly 45 side, 20 feet plus or minus to the Point of Beginning; containing within 46 said bounds 28,000 square feet plus or minus. The above described perma- 47 nent easement is for the construction and operation of a six-foot diam- 48 eter force main at a minimum depth of fifteen feet below the ground 49 surface. Said parcel being part of property designated as Section: 38 50 Block: F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 51 50B, 50C on the Nassau County Land and Tax Map. 52 § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area. Park- 53 land upon and under which a temporary easement may be established pursu- 54 ant to subdivision (b) of section one of this act is described as all 55 that certain plot, piece or parcel of land with buildings and improve- 56 ments thereon erected, situate, lying and being located at IncorporatedS. 7508--A 179 A. 9508--A 1 Village of Rockville Centre, Town of Hempstead, County of Nassau and 2 State of New York being more particularly bounded and described as 3 follows: beginning at a point on the northerly side of Sunrise Highway 4 (New York State Route 27A), said Point of Beginning being distant 254 5 feet plus or minus westerly as measured along the northerly side of 6 Sunrise Highway from the intersection of the northerly side of Sunrise 7 Highway with the westerly side of Forest Avenue; running thence North 8 86°15' West, along the northerly side of Sunrise Highway, 175 feet plus 9 or minus; thence South 68°26' West, continuing along the northerly side 10 of Sunrise Highway, 111 feet plus or minus; thence North 14°47' West 162 11 feet plus or minus, to the southerly side of the Long Island Rail Road 12 right-of-way; thence South 86°59' East, along the southerly side of the 13 Long Island Rail Road, 479 feet plus or minus; thence South 01°59' West 14 75 feet plus or minus, to the northerly side of the travelled way of 15 Sunrise Highway, then 160 feet plus or minus along the arc or a circular 16 curve to the left that has a radius of 850 feet and a chord that bears 17 South 80°03' West 160 feet plus or minus to the Point of Beginning. 18 Containing within said bounds 50,300 square feet plus or minus. The 19 above described temporary easement is necessary for the construction of 20 temporary access to the aqueduct below Sunrise Highway area. Said parcel 21 being part of property designated as Section: 38 Block: 291 Lot: 17 on 22 the Nassau County Land and Tax Map. 23 § 8. In the event that the village of Rockville Centre received any 24 funding support or assistance from the federal government for the 25 purchase, maintenance, or improvement of the parklands set forth in 26 sections three through seven of this act, the discontinuance and alien- 27 ation of such parklands authorized by the provisions of this act shall 28 not occur until the village of Rockville Centre has complied with any 29 applicable federal requirements pertaining to the alienation or conver- 30 sion of parklands, including satisfying the secretary of the interior 31 that the alienation or conversion complies with all conditions which the 32 secretary of the interior deems necessary to assure the substitution of 33 other lands shall be equivalent in fair market value and usefulness to 34 the lands being alienated or converted. 35 § 9. This act shall take effect immediately. 36 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 37 sion, section, subpart or part of this act shall be adjudged by a court 38 of competent jurisdiction to be invalid, such judgment shall not affect, 39 impair, or invalidate the remainder thereof, but shall be confined in 40 its operation to the clause, sentence, paragraph, subdivision, section, 41 subpart or part thereof directly involved in the controversy in which 42 such judgment shall have been rendered. It is hereby declared to be the 43 intent of the legislature that this act would have been enacted even if 44 such invalid provisions had not been included herein. 45 § 3. This act shall take effect immediately, provided, however, that 46 the applicable effective date of Subparts A through C of this act shall 47 be as specifically set forth in the last section of such Subparts. 48 PART VV 49 Section 1. Subdivision 13 of section 23-0101 of the environmental 50 conservation law, as amended by chapter 846 of the laws of 1981, is 51 amended and four new subdivisions 21, 22, 23, and 24 are added to read 52 as follows: 53 13. "Plug and abandon" means the plugging, and replugging if neces- 54 sary, and abandonment of a well or well bore including the placing ofS. 7508--A 180 A. 9508--A 1 all bridges, plugs, and fluids therein and the restoration and reclama- 2 tion of the surface of affected land in the immediate vicinity to a 3 reasonable condition consistent with the adjacent terrain unless such 4 restoration and reclamation of the surface is waived by the landowner 5 and approved by the department. 6 21. "Abandoned" means wells or affected land regulated pursuant to 7 titles 1, 3, 5, 7, 11, 13 and 19 of this article for which the responsi- 8 ble owner or operator neglects or refuses to comply with its statutory 9 or regulatory obligations and responsibilities related to such wells or 10 affected land, after notice and as determined by the department. 11 22. "Affected land" means land or lands in the immediate vicinity of 12 wells, including well pads and access roads, that are disturbed or 13 impacted, or potentially disturbed or impacted, by activities regulated 14 pursuant to titles 1, 3, 5, 7, 11, 13 and 19 of this article. 15 23. "Orphaned" means wells or affected land regulated pursuant to 16 titles 1, 3, 5, 7, 9, 11, 13 and 19 of this article for which no respon- 17 sible owner or operator exists or can be reasonably found, as determined 18 by the department. 19 24. "Well" and "well bore" means an existing or proposed hole, drilled 20 or constructed, that is cased, uncased or both, for the purpose of 21 producing oil or gas or both, or for the purpose of a storage, solution 22 mining, injection, monitoring, stratigraphic, brine disposal or geother- 23 mal well regulated pursuant to titles 1, 3, 5, 7, 9, 11, 13 and 19 of 24 this article. 25 § 2. Subdivision 8 of section 23-0305 of the environmental conserva- 26 tion law, as added by chapter 846 of the laws of 1981, paragraph e as 27 amended by chapter 386 of the laws of 2005, paragraph f as amended by 28 chapter 721 of the laws of 1989, and paragraph k as added by chapter 891 29 of the laws of 1984, is amended to read as follows: 30 8. With respect to oil pools or fields [and], natural gas pools or 31 fields, underground gas storage reservoirs, and wells and their affected 32 land regulated pursuant to titles one, three, five, seven, nine, eleven, 33 thirteen, and nineteen of this article, the department shall have power 34 to: 35 a. Make such investigations as it deems proper to determine whether 36 waste exists or is imminent. 37 b. Require identification of ownership of producing leases, tanks, 38 plants, structures and facilities for the transportation and refining of 39 oil and gas. 40 c. Classify and reclassify wells or affected land as abandoned or 41 orphaned, pools as oil or gas pools, or wells as oil [or], gas, 42 injection, monitoring, or underground storage wells, and require iden- 43 tification of wells as an oil, gas, injection, monitoring, or under- 44 ground storage well, including the delineation of boundaries for 45 purposes material to the interpretation or administration of this arti- 46 cle. 47 d. Require the drilling, casing, operation, plugging and replugging of 48 wells and reclamation of surrounding land in accordance with rules and 49 regulations of the department in such manner as to prevent or remedy the 50 following, including but not limited to: the escape of oil, gas, brine 51 or water out of one stratum into another; the intrusion of water into 52 oil or gas strata other than during enhanced recovery operations; the 53 pollution of fresh water supplies by oil, gas, salt water or other 54 contaminants; and blowouts, cavings, seepages and fires. 55 e. Enter, take temporary possession of, repair, plug or replug any 56 abandoned or orphaned well as provided in the rules and regulations,S. 7508--A 181 A. 9508--A 1 whenever any owner or operator neglects or refuses to comply with such 2 rules and regulations. Such repairing, plugging or replugging by the 3 department shall be at the expense of the owner or operator whose duty 4 it may be to repair or plug the well and who shall hold harmless the 5 state of New York for all accounts, damages, costs and judgments arising 6 from the repairing, plugging or replugging of the well and the surface 7 restoration of the affected land. Primary liability for the expense of 8 such repairing, plugging or replugging and first recourse for the recov- 9 ery thereof shall be to the operator unless a contract for the 10 production, development, exploration or other working of the well, to 11 which the lessor or other grantor of the oil and gas rights is a party, 12 shall place such liability on the owner or on the owner of another 13 interest in the land on which the well is situated. When an operator 14 violates any provision of this article, any rule or regulation promul- 15 gated thereunder, or any order issued pursuant thereto in reference to 16 repairing, plugging or replugging an abandoned or orphaned well, the 17 operator may not transfer the operator's responsibility therefor by 18 surrendering the lease. Prior to the commencement of drilling of any 19 well, the operator shall be required to furnish to the department, and 20 continuously maintain, a bond acceptable to it conditioned upon the 21 performance of said operator's plugging responsibilities with respect to 22 said well. Upon the approval of the department, in lieu of such bond, 23 the operator may deposit cash or negotiable bonds of the United States 24 Government of like amount in an escrow account conditioned upon the 25 performance of said operator's plugging responsibilities with respect to 26 said well. Any interest accruing as a result of the aforementioned 27 escrow deposit shall be the exclusive property of the operator. The 28 aforementioned bonding requirements shall remain the obligation of the 29 original operator regardless of changes in operators unless a subsequent 30 operator has furnished the appropriate bond or substitute as herein 31 provided acceptable to the department and approval for the transfer of 32 the well operatorship, which includes plugging and surface restoration 33 responsibilities, to the subsequent operator has been granted by the 34 department. The failure of any operator to maintain a bond or other 35 financial security as prescribed herein shall be deemed a breach of 36 plugging and surface restoration responsibilities and entitle the 37 department to claim the proceeds of the bond or other financial securi- 38 ty. The cost of repairing, plugging or replugging any well, where such 39 action is necessary or incident to the commencing or carrying on of 40 storage operations pursuant to section 23-1103 or 23-1301 shall be borne 41 by the operator of the storage facility. 42 f. Require that every person who produces, sells, purchases, acquires, 43 stores or injects oil or gas and associated fluids and every person who 44 transports oil or gas in this state shall keep and maintain complete and 45 accurate records of the quantities thereof. Quantities of associated 46 fluids injected or produced may be reported as estimated volumes. True 47 copies or duplicates shall be kept or made available for examination 48 within this state by the department or its agents at all reasonable 49 times and every such person shall file with the department such reports 50 concerning production, sales, purchases, acquisitions, injection, trans- 51 portation or storage on a form provided by the department or approved by 52 the department prior to submittal. 53 g. In addition to the powers provided for in titles 1, 3, 5 and 13 of 54 article 71, order an immediate suspension of drilling or production 55 operations whenever such operations are being carried on in violation of 56 this article or any rule or regulation promulgated thereunder or orderS. 7508--A 182 A. 9508--A 1 issued pursuant thereto. Any order issued pursuant to this paragraph may 2 be reviewed upon application of an aggrieved party by means of an order 3 to show cause which order shall be issued by any justice of the supreme 4 court in the judicial district in which any order applies and shall be 5 returnable on the third succeeding business day following the issuance 6 of such order. Service of such show cause order shall be made upon the 7 regional office of the department for the region in which such order 8 applies, and upon the attorney general by delivery of such order to an 9 assistant attorney general at an office of the attorney general in the 10 county in which venue of the proceeding is designated, or if there is no 11 office of the attorney general within such county, at the office of the 12 attorney general nearest such county. Except as hereinabove specified, 13 the proceeding to review an order under this paragraph shall be governed 14 by article seventy-eight of the civil practice law and rules. 15 h. Require the immediate reporting of any non-routine incident includ- 16 ing but not limited to casing and drill pipe failures, casing cement 17 failures, fishing jobs, fires, seepages, blowouts and other incidents 18 during drilling, completion, producing, plugging or replugging oper- 19 ations that may affect the health, safety, welfare or property of any 20 person. The department may require the operator, or any agent thereof, 21 to record any data which the department believes may be of subsequent 22 use for adequate evaluation of a non-routine incident. 23 i. Require the taking and making of well logs, well samples, direc- 24 tional surveys and reports on well locations and elevations, drilling 25 and production, and further require their filing pursuant to the 26 provisions of this article. Upon the request of the state geologist, the 27 department shall cause such duplicate samples or copies of records and 28 reports as may be required pursuant to this article to be furnished to 29 him. 30 j. Give notice to persons engaged in underground mining operations of 31 the commencement of any phase of oil or gas well operations which may 32 affect the safety of such underground mining operations or of the mining 33 properties involved. Rules and regulations promulgated under this arti- 34 cle shall specify the distance from underground mining operations within 35 which such notice shall be given and shall contain such other provisions 36 as in the judgment of the department shall be necessary in the interest 37 of safety. The department shall not be required to furnish any notice 38 required by this paragraph unless the person or persons engaged in 39 underground mining operations or having rights in mining properties have 40 notified the department of the existence and location of such under- 41 ground mining operations or properties. 42 k. (1) Except as to production of gas from lands under the waters of 43 Lake Erie, in order to satisfy the financial security requirements 44 contained in paragraph e of this subdivision for wells [less than six45thousand feet in depth] for which the department [either] on or after 46 October first, nineteen hundred sixty-three shall have issued or shall 47 issue permits to drill, deepen, convert or plug back such wells or, on 48 or after June fifth, nineteen hundred seventy-three, shall have issued 49 acknowledgements of notices of intention to drill such wells or, for all 50 wells subject to this article for which requests for transfer of well 51 operatorship, which includes plugging and surface restoration responsi- 52 bilities, are approved by the department on or after the effective date 53 of the chapter of the laws of two thousand twenty that amended this 54 paragraph, without any way affecting any obligations to plug such wells, 55 the operator shall provide a bond or other financial security acceptable 56 to the department [in the following amount:S. 7508--A 183 A. 9508--A 1(i) for wells less than two thousand five hundred feet in depth:2(a) twenty-five hundred dollars per well, provided that the operator3shall not be required to provide financial security under this item4exceeding twenty-five thousand dollars for up to twenty-five wells;5(b) for twenty-six to fifty wells, twenty-five thousand dollars, plus6twenty-five hundred dollars per well in excess of twenty-five wells,7provided that the operator shall not be required to provide financial8security under this item exceeding forty thousand dollars;9(c) for fifty-one to one hundred wells, forty thousand dollars, plus10twenty-five hundred dollars per well in excess of fifty wells, provided11that the operator shall not be required to provide financial security12under this item exceeding seventy thousand dollars;13(d) for over one hundred wells, seventy thousand dollars, plus twen-14ty-five hundred dollars per well in excess of one hundred wells,15provided that the operator shall not be required to provide financial16security under this item exceeding one hundred thousand dollars.17(ii) for wells between two thousand five hundred feet and six thousand18feet in depth:19(a) five thousand dollars per well, provided that the operator shall20not be required to provide financial security under this item exceeding21forty thousand dollars for up to twenty-five wells;22(b) for twenty-six to fifty wells, forty thousand dollars, plus five23thousand dollars per well in excess of twenty-five wells, provided that24the operator shall not be required to provide financial security under25this item exceeding sixty thousand dollars;26(c) for fifty-one to one hundred wells, sixty thousand dollars, plus27five thousand dollars per well in excess of fifty wells, provided that28the operator shall not be required to provide financial security under29this item exceeding one hundred thousand dollars;30(d) for over one hundred wells, one hundred thousand dollars, plus31five thousand dollars per well in excess of one hundred wells, provided32that the operator shall not be required to provide financial security33under this item exceeding one hundred fifty thousand dollars]. 34 (2) [In the event that an operator shall have wells described in35clauses (i) and (ii) of subparagraph (1) of this paragraph, in lieu of36providing financial security under the provisions of each such clause,37such operator may file financial security as if all such wells were38between two thousand five hundred feet and six thousand feet in depth.39(3)] For all wells [greater than six thousand feet in depth] that 40 require financial security, the operator [may be required to] shall 41 provide [additional] the department with financial security consistent 42 with criteria contained in rules and regulations [to be adopted], and 43 any subsequent rules and regulations adopted by the department to imple- 44 ment this [subparagraph] article. The department is authorized to adopt 45 rules and regulations determining the amount, type, conditions, and 46 terms of the financial security. 47 § 3. Subdivision 9 of section 23-0305 of the environmental conserva- 48 tion law, as amended by chapter 846 of the laws of 1981, paragraph d as 49 amended by chapter 721 of the laws of 1989, paragraph e as amended by 50 chapter 386 of the laws of 2005, and paragraph f as added by chapter 891 51 of the laws of 1984, is amended to read as follows: 52 9. With respect to solution mining areas the department shall have the 53 power to: 54 a. Require identification of ownership of producing leases and 55 solution mining equipment such as structures, tanks, gathering systems 56 and facilities for the transportation of salt brine.S. 7508--A 184 A. 9508--A 1 a-1. Classify and reclassify wells or affected land as abandoned or 2 orphaned, or wells or unrestored lands regulated pursuant to titles 1, 3 3, 5, 7, 9, 11, 13, and 19 of this article, and require well identifica- 4 tion as a solution mining well or monitoring well. 5 b. Require the drilling, casing, operation and plugging of wells in 6 accordance with rules and regulations of the department in such a manner 7 as to prevent the loss or escape of oil or gas reserves to the surface 8 or to other strata; the intrusion of brine or water into commercial oil 9 or gas reserves; the pollution of fresh water supplies by oil, gas or 10 salt water, and to facilitate the efficient use of ground and surface 11 waters in solution mining. 12 c. Give notice to persons engaging in underground mining operations of 13 the commencing of any phase of solution mining well operations which may 14 affect the safety of such underground mining operations or of the mining 15 properties involved. Rules and regulations of the department adopted 16 pursuant hereto shall specify the distance from such underground mining 17 operations within which such notice shall be given and shall contain 18 such other provisions as in the judgment of the department shall be 19 necessary in the interest of safety. The department shall not be 20 required to furnish any notice pursuant hereto unless the person or 21 persons engaged in underground mining operations or having rights in 22 mining properties have notified the department of the existence and 23 location of such underground mining operations or properties. 24 d. Require metering or other measuring of brine produced by solution 25 mining, and the maintenance of the records from each cavity or group of 26 interconnected cavities until the wells in a cavity have been plugged 27 and [abandoned] affected land restored. These records shall be given to 28 the department on request. 29 e. Enter, take temporary possession of, repair, plug or replug any 30 abandoned or orphaned well as provided in the rules and regulations, 31 whenever any operator neglects or refuses to comply with such rules and 32 regulations. Such repairing, plugging or replugging by the department 33 shall be at the expense of the owner or operator whose duty it shall be 34 to repair or plug the well and who shall hold harmless the state of New 35 York for all accounts, damages, costs and judgments arising for the 36 repairing, plugging or replugging of the well and the surface restora- 37 tion of the affected land. Primary liability for the expense of such 38 plugging or replugging and first recourse for the recovery thereof shall 39 be to the operator unless a contract for the production, development, 40 exploration or other working of the well, to which the lessor or other 41 grantor of the solution salt rights is a party, shall place such liabil- 42 ity on the owner or on the owner of another interest in the land on 43 which the well is situated. When an operator violates any provision of 44 this article, any rule or regulation promulgated thereunder, or any 45 order issued pursuant thereto in reference to repairing, plugging or 46 replugging an abandoned or orphaned well, the operator may not transfer 47 the operator's responsibility therefor by surrendering the lease. Prior 48 to the commencement of drilling of any well to which this subdivision 49 applies, the operator shall be required to furnish to the department, 50 and continuously maintain, a bond acceptable to it conditioned upon the 51 performance of said operator's plugging and surface restoration respon- 52 sibilities with respect to said well. Upon the approval of the depart- 53 ment, in lieu of such bond, the operator may deposit cash or negotiable 54 bonds of the United States Government of like amount in an escrow 55 account conditioned upon the performance of said operator's plugging and 56 surface restoration responsibilities with respect to said well. AnyS. 7508--A 185 A. 9508--A 1 interest accruing as a result of aforementioned escrow deposit shall be 2 the exclusive property of the operator. The aforementioned bonding 3 requirements shall remain the obligation of the original operator 4 regardless of changes in operators unless a subsequent operator has 5 furnished the appropriate bond or substitute as herein provided accepta- 6 ble to the department and approval for the transfer of the well plugging 7 [responsibility] and surface restoration responsibilities to the subse- 8 quent operator has been granted by the department. The failure of any 9 operator to maintain a bond or other financial security as prescribed 10 herein shall be deemed a breach of plugging and surface restoration 11 responsibilities and entitle the department to claim the proceeds of the 12 bond or other financial security. Any order issued pursuant to this 13 paragraph may be reviewed upon application of an aggrieved party by 14 means of an order to show cause which order shall be issued by any 15 justice of the supreme court in the judicial district in which any such 16 order applies and shall be returnable on the third succeeding business 17 day following the issuance of such order. Service of such show cause 18 order shall be made upon the regional office of the department for the 19 region in which such order applies, and upon the attorney general by 20 delivery of such order to an assistant attorney general at an office of 21 the attorney general in the county in which venue of the proceeding is 22 designated, or if there is no office of the attorney general within such 23 county, at the office of the attorney general nearest such county. 24 Except as hereinabove specified, the proceeding to review an order under 25 this paragraph shall be governed by article seventy-eight of the civil 26 practice law and rules. 27 f. (1) In order to satisfy the financial security requirements 28 contained in paragraph e of this subdivision for all wells for which the 29 department [either] on or after October first, nineteen hundred sixty- 30 three shall have issued or shall issue permits to drill, deepen, convert 31 or plug back such wells or, on or after June fifth, nineteen hundred 32 seventy-three, shall have issued acknowledgements of notices of inten- 33 tion to drill such wells or for all wells subject to this article for 34 which requests for transfers of well operatorship, which includes plug- 35 ging and surface restoration responsibilities, are approved by the 36 department on or after the effective date of the chapter of the laws of 37 two thousand twenty that amended this paragraph, without in any way 38 affecting any obligation to plug such wells, the operator shall provide 39 a bond or other financial security acceptable to the department [in the40following amount:41(i) for wells less than two thousand five hundred feet in depth:42(a) twenty-five hundred dollars per well, provided that the operator43shall not be required to provide financial security under this item44exceeding twenty-five thousand dollars for up to twenty-five wells;45(b) for twenty-six to fifty wells, twenty-five thousand dollars, plus46twenty-five hundred dollars per well in excess of twenty-five wells,47provided that the operator shall not be required to provide financial48security under this item exceeding forty thousand dollars;49(c) for fifty-one to one hundred wells, forty thousand dollars, plus50twenty-five hundred dollars per well in excess of fifty wells, provided51that the operator shall not be required to provide financial security52under this item exceeding seventy thousand dollars;53(d) for over one hundred wells, seventy thousand dollars, plus twen-54ty-five hundred dollars per well in excess of one hundred wells,55provided that the operator shall not be required to provide financial56security under this item exceeding one hundred thousand dollars.S. 7508--A 186 A. 9508--A 1(ii) for wells between two thousand five hundred feet and six thousand2feet in depth:3(a) five thousand dollars per well provided that the operator shall4not be required to provide financial security under this item exceeding5forty thousand dollars for up to twenty-five wells;6(b) for twenty-six to fifty wells, forty thousand dollars, plus five7thousand dollars per well in excess of twenty-five wells, provided that8the operator shall not be required to provide financial security under9this item exceeding sixty thousand dollars;10(c) for fifty-one to one hundred wells, sixty thousand dollars, plus11five thousand dollars per well in excess of fifty wells, provided that12the operator shall not be required to provide financial security under13this item exceeding one hundred fifty thousand dollars;14(d) for over one hundred wells, one hundred thousand dollars, plus15five thousand dollars per well in excess of one hundred wells, provided16that the operator shall not be required to provide financial security17under this item exceeding one hundred fifty thousand dollars]. 18 (2) [In the event that an operator shall have wells described in19clauses (i) and (ii) of subparagraph (1) of this paragraph, in lieu of20providing financial security under the provisions of each such clause,21such operator may file financial security as if all such wells were22between two thousand five hundred feet and six thousand feet in depth.23(3) For wells greater than six thousand feet in depth, the operator24may be required to provide additional financial security consistent with25criteria contained in rules and regulation to be adopted to implement26this subparagraph] For all wells that require financial security, the 27 operator shall provide the department with financial security consistent 28 with criteria contained in rules and regulations, and any subsequent 29 rules and regulations adopted by the department to implement this arti- 30 cle. The department is authorized to adopt rules and regulations deter- 31 mining the amount, type, conditions, and terms of the financial 32 security. 33 § 4. Subdivision 14 of section 23-0305 of the environmental conserva- 34 tion law, as added by chapter 410 of the laws of 1987 and paragraph f as 35 amended by chapter 386 of the laws of 2005, is amended to read as 36 follows: 37 14. With respect to wells drilled deeper than five hundred feet below 38 the earth's surface for the purpose of conducting stratigraphic tests, 39 for finding or producing hot water or steam, for injecting fluids to 40 recover heat from the surrounding geologic materials or for the disposal 41 of brines, the department shall have the power to: 42 a. Require all exploration, drilling and development operations to be 43 conducted in accordance with standards promulgated by the department in 44 rules and regulations. 45 b. Conduct investigations to determine the extent of compliance with 46 this section and all rules, regulations and orders issued pursuant ther- 47 eto. 48 c. Classify [a well as one subject to] and reclassify wells or 49 affected lands as abandoned or orphaned, to wells or unrestored lands 50 regulated pursuant to titles 1, 3, 5, 7, 9, 11, 13 and 19 of this 51 [section] article and require [its] well identification as a geothermal, 52 stratigraphic or brine disposal well. 53 d. Require the drilling, casing, operation, plugging and replugging of 54 wells subject to this section and reclamation of surrounding land in 55 accordance with rules and regulations of the department.S. 7508--A 187 A. 9508--A 1 e. Enter, take temporary possession of, repair, plug or replug any 2 abandoned or orphaned well [subject to this section] as provided in the 3 rules and regulations, whenever the well's owner or operator neglects or 4 refuses to comply with such rules and regulations. Such repairing, plug- 5 ging or replugging by the department shall be at the expense of the 6 owner or operator whose duty it shall be to repair or plug the well and 7 who shall hold harmless the state of New York for all accounts, damages, 8 costs and judgments arising from the repairing, plugging or replugging 9 of the well and the surface restoration of the affected land. 10 f. (1) Require that the operator furnish to the department, and 11 continuously maintain, a bond or other financial security conditioned 12 upon the satisfactory performance of the operator's plugging and surface 13 restoration responsibilities with respect to said [well] wells for which 14 the department shall have issued or shall issue permits to drill, deep- 15 en, convert or plug back or, for all wells subject to this article for 16 which requests for transfers of well operatorship, which includes plug- 17 ging and surface restoration responsibilities, are approved by the 18 department on or after the effective date of the chapter of the laws of 19 two thousand twenty that amended this paragraph. The failure of any 20 operator to maintain a bond or other financial security as prescribed 21 herein shall be deemed a breach of plugging and surface restoration 22 responsibilities and entitle the department to claim the proceeds of the 23 bond or other financial security. Such bond or other financial security 24 shall be for an amount as determined [pursuant to the provisions of25paragraph k of subdivision eight of this section] by and acceptable to 26 the department. 27 (2) For all wells that require financial security, the operator shall 28 provide the department with financial security consistent with criteria 29 contained in rules and regulations, and any subsequent rules and regu- 30 lations adopted by the department to implement this article. The depart- 31 ment is authorized to adopt rules and regulations determining the 32 amount, type, conditions, and terms of the financial security. 33 g. In addition to the powers provided for in titles one, three, five 34 and thirteen of article seventy-one of this chapter, order an immediate 35 suspension of operations carried on in violation of the oil, gas and 36 solution mining law or any rule or regulation promulgated thereunder or 37 order issued pursuant thereto. 38 h. Require the immediate reporting of any non-routine incident, 39 including but not limited to casing and drill pipe failures, casing 40 cement failures, fishing jobs, fires, seepages, blowouts and other inci- 41 dents during drilling, completion, producing, plugging or replugging 42 operations that may affect the health, safety, welfare or property of 43 any person or which may be injurious to plants or animals. The depart- 44 ment may require the operator or any agent thereof to record and provide 45 any data which the department believes may be of use for adequate evalu- 46 ation of a non-routine incident. 47 i. Require the taking and making of logs, samples, directional surveys 48 and reports on locations, elevations, drilling and production, and 49 further require filing of such information pursuant to the provisions of 50 the oil, gas and solution mining law. Upon the request of the state 51 geologist, the department shall cause such samples or copies of records 52 and reports to be furnished to the state geologist. 53 j. Give notice to persons engaged in underground mining operations of 54 the commencement of any phase of geothermal, stratigraphic and brine 55 disposal well operations which may affect the safety of such underground 56 mining operations or of the mining properties involved. The departmentS. 7508--A 188 A. 9508--A 1 shall not be required to furnish any notice required by this paragraph 2 unless the person or persons engaged in underground mining operations or 3 having rights in mining properties have notified the department of the 4 existence and location of such underground mining operations or proper- 5 ties. 6 § 5. This act shall take effect immediately. 7 PART WW 8 Section 1. Subdivision 3 of section 23-0501 of the environmental 9 conservation law is renumbered subdivision 4 and a new subdivision 3 is 10 added to read as follows: 11 3. No permits shall be issued authorizing an applicant to drill, deep- 12 en, plug back, or convert wells that use high-volume hydraulic fractur- 13 ing to complete or recomplete natural gas resources. For purpose of this 14 section, high-volume hydraulic fracturing shall be defined as the stimu- 15 lation of a well using three hundred thousand or more gallons of water 16 as the base fluid for hydraulic fracturing for all stages in a well 17 completion, regardless of whether the well is vertical or directional, 18 including horizontal. 19 § 2. This act shall take effect immediately. 20 PART XX 21 Section 1. The vehicle and traffic law is amended by adding a new 22 section 102-c to read as follows: 23 § 102-c. Bicycle with electric assist. Every motor vehicle, including 24 one partially powered by human power, other than one registered or capa- 25 ble of being registered pursuant to this chapter as a motorcycle or 26 limited use motorcycle, having a seat or a saddle for the use of the 27 rider and designed to travel on two wheels which has an electric motor 28 no greater than seven hundred fifty watts, equipped with operable 29 pedals, meeting the equipment and manufacturing requirements for bicy- 30 cles adopted by the Consumer Product Safety Commission under 16 C.F.R. 31 Part 1512.1 et seq. and meeting the requirements of one of the following 32 three classes: 33 (a) "Class one bicycle with electric assist." A bicycle with electric 34 assist having an electric motor that provides assistance only when the 35 person operating such bicycle with electric assist is pedaling, and that 36 ceases to provide assistance when such bicycle with electric assist 37 reaches a speed of twenty miles per hour. 38 (b) "Class two bicycle with electric assist." A bicycle with electric 39 assist having an electric motor that may be used exclusively to propel 40 such bicycle with electric assist, and that is not capable of providing 41 assistance when such bicycle with electric assist reaches a speed of 42 twenty miles per hour. 43 (c) "Class three bicycle with electric assist." Solely within a city 44 having a population of one million or more, a bicycle with electric 45 assist having an electric motor that may be used exclusively to propel 46 such bicycle with electric assist, and that is not capable of providing 47 assistance when such bicycle with electric assist reaches a speed of 48 twenty-five miles per hour. 49 § 2. Section 125 of the vehicle and traffic law, as amended by chapter 50 365 of the laws of 2008, is amended to read as follows: 51 § 125. Motor vehicles. Every vehicle operated or driven upon a public 52 highway which is propelled by any power other than muscular power,S. 7508--A 189 A. 9508--A 1 except (a) electrically-driven mobility assistance devices operated or 2 driven by a person with a disability, (a-1) electric personal assistive 3 mobility devices operated outside a city with a population of one 4 million or more, (a-2) bicycle with electric assist as defined in 5 section one hundred two-c of this article, (b) vehicles which run only 6 upon rails or tracks, (c) snowmobiles as defined in article forty-seven 7 of this chapter, and (d) all terrain vehicles as defined in article 8 forty-eight-B of this chapter. For the purposes of title four of this 9 chapter, the term motor vehicle shall exclude fire and police vehicles 10 other than ambulances. For the purposes of titles four and five of this 11 chapter the term motor vehicles shall exclude farm type tractors and all 12 terrain type vehicles used exclusively for agricultural purposes, or for 13 snow plowing, other than for hire, farm equipment, including self-pro- 14 pelled machines used exclusively in growing, harvesting or handling farm 15 produce, and self-propelled caterpillar or crawler-type equipment while 16 being operated on the contract site. 17 § 3. Subparagraph b of paragraph 1 of subdivision (a) of section 1202 18 of the vehicle and traffic law, as amended by chapter 679 of the laws of 19 1970, is amended to read as follows: 20 b. On a sidewalk, except a bicycle with electric assist as defined in 21 section one hundred two-c of this chapter; 22 § 4. The article heading of article 34 of the vehicle and traffic law, 23 as amended by chapter 694 of the laws of 1995, is amended to read as 24 follows: 25 OPERATION OF BICYCLES [AND], PLAY 26 DEVICES AND BICYCLES WITH ELECTRIC ASSIST 27 § 5. Section 1231 of the vehicle and traffic law, as amended by chap- 28 ter 694 of the laws of 1995, is amended to read as follows: 29 § 1231. Traffic laws apply to persons riding bicycles or skating or 30 gliding on in-line skates or persons operating bicycles with electric 31 assist; local laws. 1. Every person riding a bicycle or skating or 32 gliding on in-line skates upon a roadway shall be granted all of the 33 rights and shall be subject to all of the duties applicable to the driv- 34 er of a vehicle by this title, except as to special regulations in this 35 article and except as to those provisions of this title which by their 36 nature can have no application. 37 2. (a) Except as provided by local law, ordinance, order, rule or 38 regulation enacted or promulgated pursuant to paragraph (b) of this 39 subdivision, bicycles with electric assist may only be operated on 40 public highways with a posted speed limit of thirty miles per hour or 41 less, including non-interstate public highways, private roads open to 42 motor vehicle traffic, and designated bicycle or in-line skate lanes. 43 Every person operating a bicycle with electric assist upon a highway or 44 roadway shall be granted all of the rights and shall be subject to all 45 of the duties applicable to the driver of a vehicle by this title, 46 except as to special requirements in this article and except as to those 47 provisions of this title which by their nature can have no application. 48 (b) The governing body of any county, city, town or village may, by 49 local law, ordinance, order, rule or regulation, further regulate the 50 maximum speed, time, place and manner of the operation of a bicycle with 51 electric assist including requiring the use of protective headwear and 52 wearing readily visible reflective clothing or material, and limiting or 53 prohibiting the use thereof in specified areas under the jurisdiction of 54 such county, city, town or village or prohibit entirely the use of bicy- 55 cles with electric assist within such county, city, town or village. 56 Notwithstanding title eight of this chapter, the governing body of anyS. 7508--A 190 A. 9508--A 1 county, city, town or village shall not authorize the use of bicycles 2 with electric assist upon sidewalks or regulate the parking, standing or 3 stopping of bicycles with electric assist on sidewalks. 4 § 6. The vehicle and traffic law is amended by adding a new section 5 1232-a to read as follows: 6 § 1232-a. Operating bicycles with electric assist. 1. Every person 7 operating a bicycle with electric assist shall yield the right of way to 8 pedestrians. 9 2. Every operator of a bicycle with electric assist shall be sixteen 10 years of age or older. 11 3. The operation of a class three bicycle with electric assist outside 12 a city having a population of one million or more is prohibited. 13 4. No person shall operate a class one or class two bicycle with elec- 14 tric assist in excess of twenty miles per hour. No person shall operate 15 a class three bicycle with electric assist in excess of twenty-five 16 miles per hour. 17 5. No person shall operate a bicycle with electric assist on a side- 18 walk. 19 6. A first violation of the provisions of this section shall result in 20 no fine. A second or subsequent violation shall result in a civil fine 21 not to exceed fifty dollars. 22 § 7. Subdivision 1 of section 1233 of the vehicle and traffic law, as 23 amended by chapter 703 of the laws of 2004, is amended to read as 24 follows: 25 1. No person operating a bicycle with electric assist or riding upon 26 any bicycle, coaster, in-line skates, roller skates, skate board, sled, 27 or toy vehicle shall attach the same or himself or herself to any vehi- 28 cle being operated upon a roadway. 29 § 8. Section 1234 of the vehicle and traffic law, as amended by chap- 30 ter 16 of the laws of 1996, is amended to read as follows: 31 § 1234. Riding or operating on roadways, shoulders, bicycle or in-line 32 skate lanes [and], bicycle or in-line skate paths and lanes reserved 33 for non-motorized vehicles and devices. (a) Upon all roadways, any 34 bicycle, bicycle with electric assist or in-line skate shall be driven 35 or operated either on a usable bicycle or in-line skate lane or, if a 36 usable bicycle or in-line skate lane has not been provided, near the 37 right-hand curb or edge of the roadway or upon a usable right-hand 38 shoulder in such a manner as to prevent undue interference with the flow 39 of traffic except when preparing for a left turn or when reasonably 40 necessary to avoid conditions that would make it unsafe to continue 41 along near the right-hand curb or edge. Conditions to be taken into 42 consideration include, but are not limited to, fixed or moving objects, 43 vehicles, bicycles, in-line skates, pedestrians, animals, surface 44 hazards or traffic lanes too narrow for a bicycle, bicycle with electric 45 assist or person on in-line skates and a vehicle to travel safely side- 46 by-side within the lane. 47 (b) Persons riding bicycles or skating or gliding on in-line skates 48 upon a roadway shall not ride more than two abreast. Persons operating 49 bicycles with electric assist upon a roadway shall ride single file. 50 Persons riding bicycles or skating or gliding on in-line skates or oper- 51 ating a bicycle with electric assist upon a shoulder, bicycle or in-line 52 skate lane, or bicycle or in-line skates path, intended for the use of 53 bicycles, electric personal assistive mobility device, bicycles with 54 electric assist, or in-line skates may ride two or more abreast if 55 sufficient space is available, except that when passing a vehicle, bicy- 56 cle [or], electric personal assistive mobility device, bicycle withS. 7508--A 191 A. 9508--A 1 electric assist, person on in-line skates, or pedestrian, standing or 2 proceeding along such shoulder, lane or path, persons riding bicycles, 3 operating bicycles with electric assist, or skating or gliding on 4 in-line skates shall ride, operate, skate, or glide single file. Persons 5 riding bicycles or skating or gliding on in-line skates upon a roadway 6 shall ride, skate, or glide single file when being overtaken by a vehi- 7 cle. 8 (c) Any person operating a bicycle, bicycle with electric assist or 9 skating or gliding on in-line skates who is entering the roadway from a 10 private road, driveway, alley or over a curb shall come to a full stop 11 before entering the roadway. 12 § 9. Section 1235 of the vehicle and traffic law, as amended by chap- 13 ter 703 of the laws of 2004, is amended to read as follows: 14 § 1235. Carrying articles. No person operating a bicycle shall carry 15 any package, bundle, or article which prevents the driver from keeping 16 at least one hand upon the handle bars. No person operating a bicycle 17 with electric assist shall carry any package, bundle or article which 18 prevents the operator from keeping at least one hand upon the handle 19 bars or which obstructs his or her vision. No person skating or gliding 20 on in-line skates shall carry any package, bundle, or article which 21 obstructs his or her vision in any direction. No person operating a 22 skate board shall carry any package, bundle, or article which obstructs 23 his or her vision in any direction. 24 § 10. Section 1236 of the vehicle and traffic law, subdivision (a) as 25 amended by chapter 16 of the laws of 2009 and subdivisions (d) and (e) 26 as added by chapter 887 of the laws of 1976, is amended to read as 27 follows: 28 § 1236. Lamps and other equipment on bicycles and bicycles with elec- 29 tric assist. (a) Every bicycle or bicycle with electric assist when in 30 use during the period from one-half hour after sunset to one-half hour 31 before sunrise shall be equipped with a lamp on the front which shall 32 emit a white light visible during hours of darkness from a distance of 33 at least five hundred feet to the front and with a red or amber light 34 visible to the rear for three hundred feet. Effective July first, nine- 35 teen hundred seventy-six, at least one of these lights shall be visible 36 for two hundred feet from each side. 37 (b) No person shall operate a bicycle or bicycle with electric assist 38 unless it is equipped with a bell or other device capable of giving a 39 signal audible for a distance of at least one hundred feet, except that 40 a bicycle or bicycle with electric assist shall not be equipped with nor 41 shall any person use upon a bicycle or bicycle with electric assist any 42 siren or whistle. 43 (c) Every bicycle shall be equipped with a brake which will enable the 44 operator to make the braked wheels skid on dry, level, clean pavement. 45 Every bicycle with electric assist shall be equipped with a system that 46 enables the operator to bring the device to a controlled stop. 47 (d) Every new bicycle shall be equipped with reflective tires or, 48 alternately, a reflex reflector mounted on the spokes of each wheel, 49 said tires and reflectors to be of types approved by the commissioner. 50 The reflex reflector mounted on the front wheel shall be colorless or 51 amber, and the reflex reflector mounted on the rear wheel shall be 52 colorless or red. 53 (e) Every bicycle when in use during the period from one-half hour 54 after sunset to one-half hour before sunrise shall be equipped with 55 reflective devices or material meeting the standards established by 56 rules and regulations promulgated by the commissioner; provided, howev-S. 7508--A 192 A. 9508--A 1 er, that such standards shall not be inconsistent with or otherwise 2 conflict with the requirements of subdivisions (a) and (d) of this 3 section. 4 § 11. The section heading of section 1238 of the vehicle and traffic 5 law, as amended by chapter 267 of the laws of 1993, is amended to read 6 as follows: 7 Passengers on bicycles under one year of age prohibited; passengers 8 and operators under fourteen years of age to wear protective headgear; 9 operators of class three bicycles with electric assist to wear protec- 10 tive headgear. 11 § 12. Section 1238 of the vehicle and traffic law is amended by adding 12 a new subdivision 5-c to read as follows: 13 5-c. No person shall ride upon, propel or otherwise operate a class 14 three bicycle with electric assist unless such person is wearing a 15 helmet meeting standards established by the commissioner. For the 16 purposes of this subdivision, wearing a helmet means having a properly 17 fitting helmet fixed securely on the head of such wearer with the helmet 18 straps securely fastened. 19 § 13. Subdivision 6 of section 1238 of the vehicle and traffic law, as 20 added by chapter 267 of the laws of 1993, paragraph (a) as amended by 21 chapter 402 of the laws of 2001, and paragraph (c) as amended by chapter 22 703 of the laws of 2004, is amended to read as follows: 23 6. (a) Any person who violates the provisions of subdivision five, 24 five-a [or], five-b or five-c of this section shall pay a civil fine not 25 to exceed fifty dollars. 26 (b) The court shall waive any fine for which a person who violates the 27 provisions of subdivision five and subdivision five-c of this section 28 would be liable if such person supplies the court with proof that 29 between the date of violation and the appearance date for such violation 30 such person purchased or rented a helmet. 31 (c) The court may waive any fine for which a person who violates the 32 provisions of subdivision five, five-a, [or] five-b, or five-c of this 33 section would be liable if the court finds that due to reasons of 34 economic hardship such person was unable to purchase a helmet or due to 35 such economic hardship such person was unable to obtain a helmet from 36 the statewide in-line skate and bicycle helmet distribution program, as 37 established in section two hundred six of the public health law, or a 38 local distribution program. Such waiver of a fine shall not apply to a 39 second or subsequent conviction under subdivision five-c of this 40 section. 41 § 14. Subdivision 8 of section 1238 of the vehicle and traffic law, as 42 amended by chapter 694 of the laws of 1995, is amended to read as 43 follows: 44 8. A police officer shall only issue a summons for a violation of 45 subdivision two, five, [or] five-a, or five-c of this section by a 46 person less than fourteen years of age to the parent or guardian of such 47 person if the violation by such person occurs in the presence of such 48 person's parent or guardian and where such parent or guardian is eigh- 49 teen years of age or more. Such summons shall only be issued to such 50 parent or guardian, and shall not be issued to the person less than 51 fourteen years of age. 52 § 15. Section 1240 of the vehicle and traffic law, as added by chapter 53 468 of the laws of 2001, is amended to read as follows: 54 § 1240. Leaving the scene of an incident involving a wheeled non-mo- 55 torized means of conveyance or involving a bicycle with electric assist 56 without reporting in the second degree. 1. Any person age eighteen yearsS. 7508--A 193 A. 9508--A 1 or older operating a wheeled non-motorized means of conveyance, includ- 2 ing, but not limited to bicycles, in-line skates, roller skates and 3 skate boards, or operating a bicycle with electric assist, who, knowing 4 or having cause to know, that physical injury, as defined in subdivision 5 nine of section 10.00 of the penal law, has been caused to another 6 person, due to the operation of such non-motorized means of conveyance 7 or bicycle with electric assist by such person, shall, before leaving 8 the place where the said physical injury occurred, stop, and provide his 9 name and residence, including street and street number, to the injured 10 party, if practical, and also to a police officer, or in the event that 11 no police officer is in the vicinity of the place of said injury, then 12 such person shall report said incident as soon as physically able to the 13 nearest police station or judicial officer. 14 2. Leaving the scene of an incident involving a wheeled non-motorized 15 means of conveyance or involving a bicycle with electric assist without 16 reporting in the second degree is a violation. 17 § 16. Section 1241 of the vehicle and traffic law, as added by chapter 18 468 of the laws of 2001, is amended to read as follows: 19 § 1241. Leaving the scene of an incident involving a wheeled non-mo- 20 torized means of conveyance or involving a bicycle with electric assist 21 without reporting in the first degree. 1. Any person age eighteen years 22 or older operating a wheeled non-motorized means of conveyance, includ- 23 ing, but not limited to bicycles, in-line skates, roller skates and 24 skate boards, or operating a bicycle with electric assist, who, knowing 25 or having cause to know, that serious physical injury, as defined in 26 subdivision ten of section 10.00 of the penal law, has been caused to 27 another person, due to the operation of such non-motorized means of 28 conveyance or bicycle with electric assist by such person, shall, before 29 leaving the place where the said serious physical injury occurred, stop, 30 and provide his name and residence, including street and street number, 31 to the injured party, if practical, and also to a police officer, or in 32 the event that no police officer is in the vicinity of the place of said 33 injury, then such person shall report said incident as soon as phys- 34 ically able to the nearest police station or judicial officer. 35 2. Leaving the scene of an incident involving a wheeled non-motorized 36 means of conveyance or involving a bicycle with electric assist without 37 reporting in the first degree is a class B misdemeanor. 38 § 17. The vehicle and traffic law is amended by adding a new section 39 1242 to read as follows: 40 § 1242. Operation of a bicycle with electric assist while under the 41 influence of alcohol or drugs. 1. Offenses; criminal penalties. (a) No 42 person shall operate a bicycle with electric assist while his or her 43 ability to operate such bicycle with electric assist is impaired by the 44 consumption of alcohol. 45 (i) A violation of this subdivision shall be an offense and shall be 46 punishable by a fine of not less than three hundred dollars nor more 47 than five hundred dollars, or by imprisonment in a penitentiary or coun- 48 ty jail for not more than fifteen days, or by both such fine and impri- 49 sonment. 50 (ii) A person who operates a bicycle with electric assist in violation 51 of this subdivision after being convicted of a violation of any subdivi- 52 sion of this section within the preceding five years shall be punished 53 by a fine of not less than five hundred dollars nor more than seven 54 hundred fifty dollars, or by imprisonment of not more than thirty days 55 in a penitentiary or county jail or by both such fine and imprisonment.S. 7508--A 194 A. 9508--A 1 (iii) A person who operates a bicycle with electric assist in 2 violation of this subdivision after being convicted two or more times of 3 a violation of any subdivision of this section within the preceding ten 4 years shall be guilty of a misdemeanor, and shall be punished by a fine 5 of not less than seven hundred fifty dollars nor more than fifteen 6 hundred dollars, or by imprisonment of not more than one hundred eighty 7 days in a penitentiary or county jail or by both such fine and imprison- 8 ment. 9 (b) No person shall operate a bicycle with electric assist while he or 10 she has .08 of one per centum or more by weight of alcohol in his or her 11 blood, breath, urine, or saliva, as determined by the chemical test made 12 pursuant to the provisions of subdivision five of this section. 13 (c) No person shall operate a bicycle with electric assist while he or 14 she is in an intoxicated condition. 15 (d) No person shall operate a bicycle with electric assist while his 16 or her ability to operate such bicycle with electric assist is impaired 17 by the use of a drug as defined by section one hundred fourteen-a of 18 this chapter. 19 (e) No person shall operate a bicycle with electric assist while his 20 or her ability to operate such bicycle with electric assist is impaired 21 by the combined influence of drugs or of alcohol and any drug or drugs 22 as defined by section one hundred fourteen-a of this chapter. 23 (f) (i) A violation of paragraph (b), (c), (d), or (e) of this subdi- 24 vision shall be a misdemeanor and shall be punishable by imprisonment in 25 a penitentiary or county jail for not more than one year, or by a fine 26 of not less than five hundred dollars nor more than one thousand 27 dollars, or by both such fine and imprisonment. 28 (ii) A person who operates a bicycle with electric assist in violation 29 of paragraph (b), (c), (d) or (e) of this subdivision after having been 30 convicted of a violation of paragraph (b), (c), (d) or (e) of this 31 subdivision, or of operating a bicycle with electric assist while intox- 32 icated or while under the influence of drugs, or while under the 33 combined influence of drugs or of alcohol and any drug or drugs, within 34 the preceding ten years, shall be guilty of a class E felony and shall 35 be punished by a period of imprisonment as provided in the penal law, or 36 by a fine of not less than one thousand dollars nor more than five thou- 37 sand dollars, or by both such fine and imprisonment. 38 (iii) A person who operates a bicycle with electric assist in 39 violation of paragraph (b), (c), (d) or (e) of this subdivision after 40 having been twice convicted of a violation of any of such paragraph (b), 41 (c), (d) or (e) of this subdivision or of operating a bicycle with elec- 42 tric assist while intoxicated or under the influence of drugs, or while 43 under the combined influence of drugs or of alcohol and any drug or 44 drugs, within the preceding ten years, shall be guilty of a class D 45 felony and shall be punished by a fine of not less than two thousand 46 dollars nor more than ten thousand dollars or by a period of imprison- 47 ment as provided in the penal law, or by both such fine and imprison- 48 ment. 49 2. Sentencing limitations. Notwithstanding any provision of the penal 50 law, no judge or magistrate shall impose a sentence of unconditional 51 discharge or a violation of paragraph (b), (c), (d) or (e) of subdivi- 52 sion one of this section nor shall he or she impose a sentence of condi- 53 tional discharge unless such conditional discharge is accompanied by a 54 sentence of a fine as provided in this section. 55 3. Sentencing: previous convictions. When sentencing a person for a 56 violation of paragraph (b), (c), (d) or (e) of subdivision one of thisS. 7508--A 195 A. 9508--A 1 section pursuant to subparagraph (ii) of paragraph (f) of subdivision 2 one of this section, the court shall consider any prior convictions the 3 person may have for a violation of subdivision two, two-a, three, four, 4 or four-a of section eleven hundred ninety-two of this title within the 5 preceding ten years. When sentencing a person for a violation of para- 6 graph (b), (c), (d) or (e) of subdivision one of this section pursuant 7 to subparagraph (iii) of paragraph (f) of subdivision one of this 8 section, the court shall consider any prior convictions the person may 9 have for a violation of subdivision two, two-a, three, four, or four-a 10 of section eleven hundred ninety-two of this title within the preceding 11 ten years. When sentencing a person for a violation of subparagraph 12 (ii) of paragraph (a) of subdivision one of this section, the court 13 shall consider any prior convictions the person may have for a violation 14 of any subdivision of section eleven hundred ninety-two of this title 15 within the preceding five years. When sentencing a person for a 16 violation of subparagraph (iii) of paragraph (a) of subdivision one of 17 this section, the court shall consider any prior convictions the person 18 may have for a violation of any subdivision of section eleven hundred 19 ninety-two of this title within the preceding ten years. 20 4. Arrest and testing. (a) Notwithstanding the provisions of section 21 140.10 of the criminal procedure law, a police officer may, without a 22 warrant, arrest a person, in case of a violation of any paragraph of 23 subdivision one of this section, if such violation is coupled with an 24 accident or collision in which such person is involved, which in fact 25 had been committed, though not in the police officer's presence, when he 26 or she has reasonable cause to believe that the violation was committed 27 by such person. For the purposes of this subdivision, police officer 28 shall also include a peace officer authorized to enforce this chapter 29 when the alleged violation constitutes a crime. 30 (b) Breath test for operators of bicycles with electric assist. Every 31 person operating a bicycle with electric assist which has been involved 32 in an accident or which is operated in violation of any of the 33 provisions of this section which regulate the manner in which a bicycle 34 with electric assist is to be properly operated shall, at the request of 35 a police officer, submit to a breath test to be administered by the 36 police officer. If such test indicates that such operator has consumed 37 alcohol, the police officer may request such operator to submit to a 38 chemical test in the manner set forth in subdivision five of this 39 section. 40 5. Chemical tests. (a) Any person who operates a bicycle with electric 41 assist shall be requested to consent to a chemical test of one or more 42 of the following: breath, blood, urine, or saliva for the purpose of 43 determining the alcoholic or drug content of his or her blood, provided 44 that such test is administered at the direction of a police officer: (i) 45 having reasonable cause to believe such person to have been operating in 46 violation of this subdivision or paragraph (a), (b), (c), (d) or (e) of 47 subdivision one of this section and within two hours after such person 48 has been placed under arrest for any such violation or (ii) within two 49 hours after a breath test as provided in paragraph (b) of subdivision 50 four of this section indicates that alcohol has been consumed by such 51 person and in accordance with the rules and regulations established by 52 the police force of which the officer is a member. 53 (b) For the purpose of this subdivision "reasonable cause" shall be 54 determined by viewing the totality of circumstances surrounding the 55 incident which, when taken together, indicate that the operator was 56 operating a bicycle with electric assist in violation of any paragraphS. 7508--A 196 A. 9508--A 1 of subdivision one of this section. Such circumstances may include, but 2 are not limited to: evidence that the operator was operating a bicycle 3 with electric assist in violation of any provision of this chapter, 4 local law, ordinance, order, rule or regulation which regulates the 5 manner in which a bicycle with electric assist be properly operated at 6 the time of the incident; any visible indication of alcohol or drug 7 consumption or impairment by the operator; and other evidence surround- 8 ing the circumstances of the incident which indicates that the operator 9 has been operating a bicycle with electric assist while impaired by the 10 consumption of alcohol or drugs or was intoxicated at the time of the 11 incident. 12 6. Chemical test evidence. (a) Upon the trial of any such action or 13 proceeding arising out of actions alleged to have been committed by any 14 person arrested for a violation of any paragraph of subdivision one of 15 this section, the court shall admit evidence of the amount of alcohol or 16 drugs in the defendant's blood as shown by a test administered pursuant 17 to the provisions of subdivision five of this section. 18 (b) The following effect shall be given to evidence of blood alcohol 19 content, as determined by such tests, of a person arrested for a 20 violation of any paragraph of subdivision one of this section and who 21 was operating a bicycle with electric assist: 22 (i) evidence that there was .05 of one per centum or less by weight of 23 alcohol in such person's blood shall be prima facie evidence that the 24 ability of such person to operate a bicycle with electric assist was not 25 impaired by the consumption of alcohol, and that such person was not in 26 an intoxicated condition. 27 (ii) evidence that there was more than .05 of one per centum but less 28 than .07 of one per centum by weight of alcohol in such person's blood 29 shall be prima facie evidence that such person was not in an intoxicated 30 condition, but such evidence shall be relevant evidence but not be given 31 prima facie effect, in determining whether the ability of such person to 32 operate a bicycle with electric assist was impaired by the consumption 33 of alcohol. 34 (iii) evidence that there was .07 of one per centum or more but less 35 than .08 of one per centum by weight of alcohol in his or her blood 36 shall be prima facie evidence that such person was not in an intoxicated 37 condition, but such evidence shall be given prima facie effect in deter- 38 mining whether the ability of such person to operate a bicycle with 39 electric assist was impaired by the consumption of alcohol. 40 (c) Evidence of a refusal to submit to a chemical test or any portion 41 thereof shall be admissible in any trial or hearing provided the request 42 to submit to such a test was made in accordance with the provisions of 43 subdivision five of this section. 44 7. Limitations. (a) A bicycle with electric assist operator may be 45 convicted of a violation of paragraphs (a), (b), (c), (d) and (e) of 46 subdivision one of this section, notwithstanding that the charge laid 47 before the court alleged a violation of paragraph (b), (c), (d) or (e) 48 of subdivision one of this section, and regardless of whether or not 49 such condition is based on a plea of guilty. 50 (b) In any case wherein the charge laid before the court alleges a 51 violation of paragraph (b), (c), (d) or (e) of subdivision one of this 52 section, any plea of guilty thereafter entered in satisfaction of such 53 charge must include at least a plea of guilty to the violation of the 54 provisions of one of the paragraphs of such subdivision one and no other 55 disposition by plea of guilty to any other charge in satisfaction of 56 such charge shall be authorized; provided, however, if the districtS. 7508--A 197 A. 9508--A 1 attorney upon reviewing the available evidence determines that the 2 charge of a violation of subdivision one of this section is not 3 warranted, he or she may consent, and the court may allow, a disposition 4 by plea of guilty to another charge in satisfaction of such charge. 5 8. Enforcement upon crash. Notwithstanding any provision of this 6 section, no part of this section may be enforced unless in conjunction 7 with a crash involving an operator of a bicycle with electric assist. 8 For the purposes of this subdivision, "crash" shall mean colliding with 9 a vehicle, person, building or other object. 10 § 18. This act shall take effect immediately. 11 PART YY 12 Section 1. Section 13 of part U1 of chapter 62 of the laws of 2003, 13 amending the vehicle and traffic law and other laws relating to increas- 14 ing certain motor vehicle transaction fees, as amended by section 1 of 15 part A of chapter 58 of the laws of 2017, is amended to read as follows: 16 § 13. This act shall take effect immediately; [provided however that17sections one through seven of this act, the amendments to subdivision 218of section 205 of the tax law made by section eight of this act, and19section nine of this act shall expire and be deemed repealed on April 1,202020; provided further, however, that the provisions of section eleven21of this act shall take effect April 1, 2004 and shall expire and be22deemed repealed on April 1, 2020]. 23 § 2. Section 2 of part B of chapter 84 of the laws of 2002, amending 24 the state finance law relating to the costs of the department of motor 25 vehicles, as amended by section 2 of part A of chapter 58 of the laws of 26 2015, is amended to read as follows: 27 § 2. This act shall take effect April 1, 2002; provided, however, if 28 this act shall become a law after such date it shall take effect imme- 29 diately and shall be deemed to have been in full force and effect on and 30 after April 1, 2002[; provided further, however, that this act shall31expire and be deemed repealed on April 1, 2020]. 32 § 3. This act shall take effect immediately. 33 PART ZZ 34 Section 1. Section 5 of chapter 751 of the laws of 2005, amending the 35 insurance law and the vehicle and traffic law relating to establishing 36 the accident prevention course internet technology pilot program, as 37 amended by section 3 of part D of chapter 58 of the laws of 2016, is 38 amended to read as follows: 39 § 5. This act shall take effect on the one hundred eightieth day after 40 it shall have become a law and shall expire and be deemed repealed April 41 1, [2020] 2022; provided that any rules and regulations necessary to 42 implement the provisions of this act on its effective date are author- 43 ized and directed to be completed on or before such date. 44 § 2. This act shall take effect immediately. 45 PART AAA 46 Section 1. The vehicle and traffic law is amended by adding a new 47 section 114-e to read as follows: 48 § 114-e. Electric scooter. Every two-wheeled device that is no more 49 than sixty inches in length, twenty-six inches in width, and fifty-five 50 inches in height, which is designed to transport one person sitting orS. 7508--A 198 A. 9508--A 1 standing on the device and can be propelled by any power other than 2 muscular power. 3 § 2. Section 125 of the vehicle and traffic law, as amended by chapter 4 365 of the laws of 2008, is amended to read as follows: 5 § 125. Motor vehicles. Every vehicle operated or driven upon a public 6 highway which is propelled by any power other than muscular power, 7 except (a) electrically-driven mobility assistance devices operated or 8 driven by a person with a disability, (a-1) electric personal assistive 9 mobility devices operated outside a city with a population of one 10 million or more, (a-2) electric scooters, (b) vehicles which run only 11 upon rails or tracks, (c) snowmobiles as defined in article forty-seven 12 of this chapter, and (d) all terrain vehicles as defined in article 13 forty-eight-B of this chapter. For the purposes of title four of this 14 chapter, the term motor vehicle shall exclude fire and police vehicles 15 other than ambulances. For the purposes of titles four and five of this 16 chapter the term motor vehicles shall exclude farm type tractors and all 17 terrain type vehicles used exclusively for agricultural purposes, or for 18 snow plowing, other than for hire, farm equipment, including self-pro- 19 pelled machines used exclusively in growing, harvesting or handling farm 20 produce, and self-propelled caterpillar or crawler-type equipment while 21 being operated on the contract site. 22 § 3. Subparagraph b of paragraph 1 of subdivision (a) of section 1202 23 of the vehicle and traffic law, as amended by chapter 679 of the laws of 24 1970, is amended to read as follows: 25 b. On a sidewalk, except an electric scooter as defined in section one 26 hundred fourteen-e of this chapter; 27 § 4. The vehicle and traffic law is amended by adding a new article 28 34-D to read as follows: 29 ARTICLE 34-D 30 OPERATION OF ELECTRIC SCOOTERS 31 Section 1280. Effect of requirements. 32 1281. Traffic laws apply to persons operating electric scooters; 33 local laws. 34 1282. Operating electric scooters. 35 1283. Clinging to vehicles. 36 1284. Riding on roadways, shoulders and lanes reserved for non- 37 motorized vehicles and devices. 38 1285. Lamps and other equipment. 39 1286. Operators to wear protective headgear. 40 1287. Leaving the scene of an incident involving an electric 41 scooter without reporting. 42 1288. Operation of an electric scooter while under the influence 43 of alcohol or drugs. 44 § 1280. Effect of requirements. The parent of any child and the guard- 45 ian of any ward shall not authorize or knowingly permit any such child 46 or ward to violate any of the provisions of this article. 47 § 1281. Traffic laws apply to persons operating electric scooters; 48 local laws. 1. Electric scooters may only be operated on public highways 49 with a posted speed limit of thirty miles per hour or less, including 50 non-interstate public highways, private roads open to motor vehicle 51 traffic, and designated bicycle or in-line skate lanes. Every person 52 operating an electric scooter upon a highway or roadway shall be granted 53 all of the rights and shall be subject to all of the duties applicable 54 to the driver of a vehicle by this title, except as to special require- 55 ments in this article and except as to those provisions of this title 56 which by their nature can have no application.S. 7508--A 199 A. 9508--A 1 2. The governing body of any county, city, town or village may, by 2 local law, ordinance, order, rule or regulation, further regulate the 3 maximum speed, time, place and manner of the operation of electric 4 scooters including requiring the use of protective headgear and wearing 5 readily visible reflective clothing or material, and limiting or prohib- 6 iting the use thereof in specified areas under the jurisdiction of such 7 county, city, town or village or prohibit entirely the use of electric 8 scooters within such county, city, town or village. Notwithstanding 9 title eight of this chapter, the governing body of any county, city, 10 town or village may not authorize the use of electric scooters upon 11 sidewalks and it may not regulate the parking, standing or stopping of 12 electric scooters on sidewalks. 13 § 1282. Operating electric scooters. 1. No electric scooter shall be 14 used to carry more than one person at one time. No person operating an 15 electric scooter shall carry any person as a passenger in a pack 16 fastened to the operator or fastened to such scooter. 17 2. No person operating an electric scooter shall carry any package, 18 bundle or article which prevents the operator from keeping at least one 19 hand upon the handle bars or which obstructs his or her vision in any 20 direction. 21 3. Every person operating an electric scooter shall yield the right of 22 way to pedestrians. 23 4. Every operator of an electric scooter shall be sixteen years of age 24 or older. 25 5. No person shall operate an electric scooter in excess of fifteen 26 miles per hour. 27 6. The operation of an electric scooter on a sidewalk is prohibited. 28 7. (a) The governing body of any county, city, town or village may, by 29 local law, ordinance, order, rule or regulation, authorize and regulate 30 shared electric scooter systems within such county, city, town or 31 village. No such shared systems shall operate within a city, town or 32 village except as authorized by such local law, ordinance, order, rule 33 or regulation. No such shared electric scooter system shall operate on 34 public highways in a county with a population of no less than one 35 million five hundred eighty-five thousand and no more than one million 36 five hundred eighty-seven thousand as of the two thousand ten decennial 37 census. For the purposes of this subdivision, the term shared electric 38 scooter system shall mean a network of self-service and publicly avail- 39 able electric scooters, and related infrastructure, in which an electric 40 scooter trip begins and/or ends on any public highway. 41 (b) Notwithstanding any other provision of law to the contrary, all 42 trip data, personal information, images, videos, and other recorded 43 images collected by any shared electric scooter system which is author- 44 ized to operate within a city, town or village pursuant to this section: 45 (i) shall be for the exclusive use of such shared electric scooter 46 system and shall not be sold, distributed or otherwise made available 47 for any commercial purpose and (ii) shall not be disclosed or otherwise 48 made accessible except: (1) to the person who is the subject of such 49 data, information or record; or (2) if necessary to comply with a lawful 50 court order, judicial warrant signed by a judge appointed pursuant to 51 article III of the United States constitution, or subpoena for individ- 52 ual data, information or records properly issued pursuant to the crimi- 53 nal procedure law or the civil practice law and rules. Provided, howev- 54 er, that nothing contained in this paragraph shall be deemed to preclude 55 the exchange of such data, information or recorded images solely for the 56 purpose of administering such authorized shared system.S. 7508--A 200 A. 9508--A 1 8. A first violation of the provisions of this section shall result in 2 no fine. A second or subsequent violation shall result in a civil fine 3 not to exceed fifty dollars. 4 § 1283. Clinging to vehicles. 1. No person operating an electric 5 scooter shall attach such scooter, or himself or herself to any vehicle 6 being operated upon a roadway. 7 2. No vehicle operator shall knowingly permit any person to attach any 8 electric scooter or himself or herself to such operator's vehicle in 9 violation of subdivision one of this section. 10 § 1284. Riding on roadways, shoulders and lanes reserved for non-mo- 11 torized vehicles and devices. 1. Upon all roadways, any electric scooter 12 shall be operated either on a usable bicycle or in-line skate lane or, 13 if a usable bicycle or in-line skate lane has not been provided, near 14 the right-hand curb or edge of the roadway or upon a usable right-hand 15 shoulder in such a manner as to prevent undue interference with the flow 16 of traffic except when preparing to turn left at an intersection or when 17 reasonably necessary to avoid conditions that would make it unsafe to 18 continue along near the right-hand curb or edge of the roadway. Condi- 19 tions to be taken into consideration include, but are not limited to, 20 fixed or moving objects, vehicles, bicycles, in-line skaters, pedestri- 21 ans, animals, surface hazards and traffic lanes too narrow for an elec- 22 tric scooter and a vehicle to travel safely side-by-side within the 23 lane. 24 2. Persons operating electric scooters upon a roadway shall ride 25 single file. Persons operating electric scooters upon a shoulder, bicy- 26 cle or in-line skate lane, or bicycle or in-line skate path, intended 27 for the use of bicycles, electric personal assistive mobility devices, 28 electric scooters, or in-line skates may ride two or more abreast if 29 sufficient space is available, except that when passing a vehicle, bicy- 30 cle, electric personal assistive mobility device, electric scooter, 31 person on in-line skates or pedestrian standing or proceeding along such 32 shoulder, lane or path, persons operating electric scooters shall oper- 33 ate such scooter in single file. 34 3. Any person operating an electric scooter who is entering the road- 35 way from a private road, driveway, alley or over a curb shall come to a 36 full stop before entering the roadway. 37 § 1285. Lamps and other equipment. 1. Every electric scooter when in 38 use during the period from one-half hour after sunset to one-half hour 39 before sunrise shall be equipped with a lamp on the front which shall 40 emit a white light visible during hours of darkness from a distance of 41 at least five hundred feet to the front and with a red light visible to 42 the rear for three hundred feet. At least one of these lights shall be 43 visible for two hundred feet from each side. 44 2. No person shall operate an electric scooter unless it is equipped 45 with a bell or other device capable of giving a signal audible for a 46 distance of at least one hundred feet, except that such scooter shall 47 not be equipped with nor shall any person use upon such scooter any 48 siren or whistle. 49 3. Every electric scooter shall be equipped with a system that enables 50 the operator to bring the device to a controlled stop. 51 § 1286. Operators to wear protective headgear. 1. No person sixteen or 52 seventeen years of age shall ride upon, propel or otherwise operate an 53 electric scooter unless such person is wearing a helmet meeting stand- 54 ards established by the commissioner pursuant to the provisions of 55 subdivision two-a of section twelve hundred thirty-eight of this title. 56 As used in this subdivision, wearing a helmet means having a properlyS. 7508--A 201 A. 9508--A 1 fitting helmet fixed securely on the head of such wearer with the helmet 2 straps securely fastened. 3 2. Any person who violates the provisions of subdivision one of this 4 section shall pay a civil fine not to exceed fifty dollars. 5 3. The court shall waive any fine for which a person who violates the 6 provisions of subdivision one of this section would be liable if such 7 person supplies the court with proof that between the date of violation 8 and the appearance date for such violation such person purchased or 9 rented a helmet, which meets the requirements of subdivision one of this 10 section, or if the court finds that due to reasons of economic hardship 11 such person was unable to purchase a helmet or due to such economic 12 hardship such person was unable to obtain a helmet from the statewide 13 in-line skate and bicycle helmet distribution program, as established in 14 section two hundred six of the public health law or a local distribution 15 program. Such waiver of fine shall not apply to a second or subsequent 16 conviction under subdivision one of this section. 17 4. The failure of any person to comply with the provisions of this 18 section shall not constitute contributory negligence or assumption of 19 risk, and shall not in any way bar, preclude or foreclose an action for 20 personal injury or wrongful death by or on behalf of such person, nor in 21 any way diminish or reduce the damages recoverable in any such action. 22 § 1287. Leaving the scene of an incident involving an electric scooter 23 without reporting. 1. (a) Any person eighteen years of age or older 24 operating an electric scooter who, knowing or having cause to know, that 25 physical injury, as defined in subdivision nine of section 10.00 of the 26 penal law, has been caused to another person, due to the operation of 27 such electric scooter by such person shall, before leaving the place 28 where such physical injury occurred, stop and provide his or her name 29 and residence, including street and street number, to the injured party, 30 if practical, and also to a police officer, or in the event that no 31 police officer is in the vicinity of the place of said injury, then such 32 person shall report said incident as soon as physically able to the 33 nearest police station or judicial officer. 34 (b) A violation of paragraph (a) of this subdivision shall be a 35 violation. 36 2. (a) Any person eighteen years of age or older operating an electric 37 scooter who, knowing or having cause to know, that serious physical 38 injury, as defined in subdivision ten of section 10.00 of the penal law, 39 has been caused to another person, due to the operation of such electric 40 scooter by such person shall, before leaving the place where such seri- 41 ous physical injury occurred, stop and provide his or her name and resi- 42 dence, including street and street number, to the injured party, if 43 practical, and also to a police officer, or in the event that no police 44 officer is in the vicinity of the place of said injury, then such person 45 shall report said incident as soon as physically able to the nearest 46 police station or judicial officer. 47 (b) A violation of paragraph (a) of this subdivision shall be a class 48 B misdemeanor. 49 § 1288. Operation of an electric scooter while under the influence of 50 alcohol or drugs. 1. Offenses; criminal penalties. (a) No person shall 51 operate an electric scooter while his or her ability to operate such 52 electric scooter is impaired by the consumption of alcohol. 53 (i) A violation of this subdivision shall be an offense and shall be 54 punishable by a fine of not less than three hundred dollars nor more 55 than five hundred dollars, or by imprisonment in a penitentiary or coun-S. 7508--A 202 A. 9508--A 1 ty jail for not more than fifteen days, or by both such fine and impri- 2 sonment. 3 (ii) A person who operates an electric scooter in violation of this 4 subdivision after being convicted of a violation of any subdivision of 5 this section within the preceding five years shall be punished by a fine 6 of not less than five hundred dollars nor more than seven hundred fifty 7 dollars, or by imprisonment of not more than thirty days in a penitenti- 8 ary or county jail or by both such fine and imprisonment. 9 (iii) A person who operates an electric scooter in violation of this 10 subdivision after being convicted two or more times of a violation of 11 any subdivision of this section within the preceding ten years shall be 12 guilty of a misdemeanor, and shall be punished by a fine of not less 13 than seven hundred fifty dollars nor more than fifteen hundred dollars, 14 or by imprisonment of not more than one hundred eighty days in a peni- 15 tentiary or county jail or by both such fine and imprisonment. 16 (b) No person shall operate an electric scooter while he or she has 17 .08 of one per centum or more by weight of alcohol in his or her blood, 18 breath, urine, or saliva, as determined by the chemical test made pursu- 19 ant to the provisions of subdivision five of this section. 20 (c) No person shall operate an electric scooter while he or she is in 21 an intoxicated condition. 22 (d) No person shall operate an electric scooter while his or her abil- 23 ity to operate such electric scooter is impaired by the use of a drug as 24 defined by section one hundred fourteen-a of this chapter. 25 (e) No person shall operate an electric scooter while his or her abil- 26 ity to operate such electric scooter is impaired by the combined influ- 27 ence of drugs or of alcohol and any drug or drugs as defined by section 28 one hundred fourteen-a of this chapter. 29 (f)(i) A violation of paragraph (b), (c), (d) or (e) of this subdivi- 30 sion shall be a misdemeanor and shall be punishable by imprisonment in a 31 penitentiary or county jail for not more than one year, or by a fine of 32 not less than five hundred dollars nor more than one thousand dollars, 33 or by both such fine and imprisonment. 34 (ii) A person who operates an electric scooter in violation of para- 35 graph (b), (c), (d) or (e) of this subdivision after having been 36 convicted of a violation of paragraph (b), (c), (d) or (e) of this 37 subdivision, or of operating an electric scooter while intoxicated or 38 while under the influence of drugs, or while under the combined influ- 39 ence of drugs or of alcohol and any drug or drugs, within the preceding 40 ten years, shall be guilty of a class E felony and shall be punished by 41 a period of imprisonment as provided in the penal law, or by a fine of 42 not less than one thousand dollars nor more than five thousand dollars, 43 or by both such fine and imprisonment. 44 (iii) A person who operates an electric scooter in violation of para- 45 graph (b), (c), (d) or (e) of this subdivision after having been twice 46 convicted of a violation of any of such paragraph (b), (c), (d) or (e) 47 of this subdivision or of operating an electric scooter while intoxicat- 48 ed or under the influence of drugs, or while under the combined influ- 49 ence of drugs or of alcohol and any drug or drugs, within the preceding 50 ten years, shall be guilty of a class D felony and shall be punished by 51 a fine of not less than two thousand dollars nor more than ten thousand 52 dollars or by a period of imprisonment as provided in the penal law, or 53 by both such fine and imprisonment. 54 2. Sentencing limitations. Notwithstanding any provision of the penal 55 law, no judge or magistrate shall impose a sentence of unconditional 56 discharge for a violation of paragraph (b), (c), (d) or (e) of subdivi-S. 7508--A 203 A. 9508--A 1 sion one of this section nor shall he or she impose a sentence of condi- 2 tional discharge unless such conditional discharge is accompanied by a 3 sentence of a fine as provided in this section. 4 3. Sentencing; previous convictions. When sentencing a person for a 5 violation of paragraph (b), (c), (d) or (e) of subdivision one of this 6 section pursuant to subparagraph (ii) of paragraph (f) of subdivision 7 one of this section, the court shall consider any prior convictions the 8 person may have for a violation of subdivision two, two-a, three, four, 9 or four-a of section eleven hundred ninety-two of this title within the 10 preceding ten years. When sentencing a person for a violation of para- 11 graph (b), (c), (d) or (e) of subdivision one of this section pursuant 12 to subparagraph (iii) of paragraph (f) of subdivision one of this 13 section, the court shall consider any prior convictions the person may 14 have for a violation of subdivision two, two-a, three, four, or four-a 15 of section eleven hundred ninety-two of this title within the preceding 16 ten years. When sentencing a person for a violation of subparagraph (ii) 17 of paragraph (a) of subdivision one of this section, the court shall 18 consider any prior convictions the person may have for a violation of 19 any subdivision of section eleven hundred ninety-two of this title with- 20 in the preceding five years. When sentencing a person for a violation of 21 subparagraph (iii) of paragraph (a) of subdivision one of this section, 22 the court shall consider any prior convictions the person may have for a 23 violation of any subdivision of section eleven hundred ninety-two of 24 this title within the preceding ten years. 25 4. Arrest and testing. (a) Notwithstanding the provisions of section 26 140.10 of the criminal procedure law, a police officer may, without a 27 warrant, arrest a person, in case of a violation of any paragraph of 28 subdivision one of this section, if such violation is coupled with an 29 accident or collision in which such person is involved, which in fact 30 had been committed, though not in the police officer's presence, when he 31 or she has reasonable cause to believe that the violation was committed 32 by such person. For the purposes of this subdivision police officer 33 shall also include a peace officer authorized to enforce this chapter 34 when the alleged violation constitutes a crime. 35 (b) Breath test for operators of electric scooters. Every person 36 operating an electric scooter which has been involved in an accident or 37 which is operated in violation of any of the provisions of this section 38 which regulate the manner in which an electric scooter is to be properly 39 operated shall, at the request of a police officer, submit to a breath 40 test to be administered by the police officer. If such test indicates 41 that such operator has consumed alcohol, the police officer may request 42 such operator to submit to a chemical test in the manner set forth in 43 subdivision five of this section. 44 5. Chemical tests. (a) Any person who operates an electric scooter 45 shall be requested to consent to a chemical test of one or more of the 46 following: breath, blood, urine, or saliva for the purpose of determin- 47 ing the alcoholic or drug content of his or her blood, provided that 48 such test is administered at the direction of a police officer: (i) 49 having reasonable cause to believe such person to have been operating in 50 violation of this subdivision or paragraph (a), (b), (c), (d) or (e) of 51 subdivision one of this section and within two hours after such person 52 has been placed under arrest for any such violation or (ii) within two 53 hours after a breath test as provided in paragraph (b) of subdivision 54 four of this section indicates that alcohol has been consumed by such 55 person and in accordance with the rules and regulations established by 56 the police force of which the officer is a member.S. 7508--A 204 A. 9508--A 1 (b) For the purpose of this subdivision "reasonable cause" shall be 2 determined by viewing the totality of circumstances surrounding the 3 incident which, when taken together, indicate that the operator was 4 operating an electric scooter in violation of any paragraph of subdivi- 5 sion one of this section. Such circumstances may include, but are not 6 limited to: evidence that the operator was operating an electric scooter 7 in violation of any provision of this chapter, local law, ordinance, 8 order, rule or regulation which regulates the manner in which an elec- 9 tric scooter be properly operated at the time of the incident; any visi- 10 ble indication of alcohol or drug consumption or impairment by the oper- 11 ator; and other evidence surrounding the circumstances of the incident 12 which indicates that the operator has been operating an electric scooter 13 while impaired by the consumption of alcohol or drugs or was intoxicated 14 at the time of the incident. 15 6. Chemical test evidence. (a) Upon the trial of any such action or 16 proceeding arising out of actions alleged to have been committed by any 17 person arrested for a violation of any paragraph of subdivision one of 18 this section, the court shall admit evidence of the amount of alcohol or 19 drugs in the defendant's blood as shown by a test administered pursuant 20 to the provisions of subdivision five of this section. 21 (b) The following effect shall be given to evidence of blood alcohol 22 content, as determined by such tests, of a person arrested for a 23 violation of any paragraph of subdivision one of this section and who 24 was operating an electric scooter: 25 (i) evidence that there was .05 of one per centum or less by weight of 26 alcohol in such person's blood shall be prima facie evidence that the 27 ability of such person to operate an electric scooter was not impaired 28 by the consumption of alcohol, and that such person was not in an intox- 29 icated condition. 30 (ii) evidence that there was more than .05 of one per centum but less 31 than .07 of one per centum by weight of alcohol in such person's blood 32 shall be prima facie evidence that such person was not in an intoxicated 33 condition, but such evidence shall be relevant evidence but not be given 34 prima facie effect, in determining whether the ability of such person to 35 operate an electric scooter was impaired by the consumption of alcohol. 36 (iii) evidence that there was .07 of one per centum or more but less 37 than .08 of one per centum by weight of alcohol in his or her blood 38 shall be prima facie evidence that such person was not in an intoxicated 39 condition, but such evidence shall be given prima facie effect in deter- 40 mining whether the ability of such person to operate an electric scooter 41 was impaired by the consumption of alcohol. 42 (c) Evidence of a refusal to submit to a chemical test or any portion 43 thereof shall be admissible in any trial or hearing provided the request 44 to submit to such a test was made in accordance with the provisions of 45 subdivision five of this section. 46 7. Limitations. (a) An electric scooter operator may be convicted of a 47 violation of paragraphs (a), (b), (d) and (e) of subdivision one of this 48 section, notwithstanding that the charge laid before the court alleged a 49 violation of paragraph (b), (c), (d) or (e) of subdivision one of this 50 section, and regardless of whether or not such condition is based on a 51 plea of guilty. 52 (b) In any case wherein the charge laid before the court alleges a 53 violation of paragraph (b), (c), (d) or (e) of subdivision one of this 54 section, any plea of guilty thereafter entered in satisfaction of such 55 charge must include at least a plea of guilty to the violation of the 56 provisions of one of the paragraphs of subdivision one of this sectionS. 7508--A 205 A. 9508--A 1 and no other disposition by plea of guilty to any other charge in satis- 2 faction of such charge shall be authorized; provided, however, if the 3 district attorney upon reviewing the available evidence determines that 4 the charge of a violation of subdivision one of this section is not 5 warranted, he or she may consent, and the court may allow, a disposition 6 by a plea of guilty to another charge in satisfaction of such charge. 7 8. Enforcement upon crash. Notwithstanding any provision of this 8 section, no part of this section may be enforced unless in conjunction 9 with a crash involving an operator of an electric scooter. For the 10 purposes of this subdivision, crash shall mean falling to the ground or 11 colliding with a vehicle, person, building or other object. 12 § 5. This act shall take effect immediately. 13 PART BBB 14 Section 1. Section 410 of the economic development law is REPEALED. 15 § 2. Section 3102-b of public authorities law, as added by chapter 562 16 of the laws of 1982 and as renumbered by chapter 291 of the laws of 17 1990, the opening paragraph as amended by chapter 616 of the laws of 18 1991, paragraph (a) of subdivision 1, subdivision 3 and paragraph (a) of 19 subdivision 6 as amended by chapter 191 of the laws of 2010, subdivi- 20 sions 5 and 6 as added by chapter 828 of the laws of 1987, is amended to 21 read as follows: 22 § 3102-b. Centers for advanced technology. In order to encourage 23 greater collaboration between private industry and the universities of 24 the state in the development and application of new technologies, the 25 [foundation] department of economic development (hereinafter "depart- 26 ment") is authorized to designate for advanced technology such areas as 27 integrated electronics, optics, biotechnology, telecommunications, auto- 28 mation and robotics, electronics packaging, imaging technology and 29 others identified by the [foundation] department as having significant 30 potential for economic growth in New York, or in which the application 31 of new technologies could significantly enhance the productivity and 32 stability of New York businesses. Such designations shall be made in 33 accordance with the standards and criteria set forth in subdivision two 34 of this section. Centers so designated shall be eligible for support 35 from the [foundation] department in the manner provided for in subdivi- 36 sion three of this section, and for such additional support as may 37 otherwise be provided by law. 38 1. As used in this section: 39 (a) "center for advanced technology" or "center" means a university or 40 university-affiliated research institute or a consortium of such insti- 41 tutions, designated by the [foundation] department, which conducts a 42 continuing program of basic and applied research, development, and tech- 43 nology commercialization in one or more technological areas, in collab- 44 oration with and through the support of private business and industry; 45 and 46 (b) "applicant" means a university or university-affiliated research 47 institute or a consortium of such institutions which request designation 48 as a center in accordance with such requirements as are established by 49 the [foundation] department for this purpose. For the purposes of this 50 subdivision, universities, university-affiliated research institutes or 51 a consortium of such institutions designated as centers of excellence 52 under section four hundred ten of the economic development law at the 53 time of the effective date of the chapter of the laws of two thousandS. 7508--A 206 A. 9508--A 1 twenty that amended this subdivision may apply for designation as 2 centers for advanced technology. 3 2. The [foundation] department shall: 4 (a) identify technological areas for which centers should be desig- 5 nated including technological areas that are related to industries with 6 significant potential for economic growth and development in New York 7 state and technological areas that are related to the enhancement of 8 productivity in various industries located in New York state. 9 (b) establish criteria that applicants must satisfy for designation as 10 a center, including, but not limited to the following: 11 (i) an established record of research, development and instruction in 12 the area or areas of technology involved; 13 (ii) the capacity to conduct research and development activities in 14 collaboration with business and industry; 15 (iii) the capacity to secure substantial private and other govern- 16 mental funding for the proposed center, in amounts at least equal to the 17 total of support sought from the state; 18 (iv) the ability and willingness to cooperate with other institutions 19 in the state in conducting research and development activities, and in 20 disseminating research results; and to work with technical and community 21 colleges in the state to enhance the quality of technical education in 22 the area or areas of technology involved; 23 (v) the ability and willingness to cooperate with the [foundation] 24 department and other economic development agencies in promoting the 25 growth and development in New York state of industries based upon or 26 benefiting from the area or areas of technology involved. 27 (c) establish such requirements as it deems appropriate for the 28 format, content and filing of applications for designation as centers 29 for advanced technology. 30 (d) establish such procedures as it deems appropriate for the evalu- 31 ation of applications for designation as centers for advanced technolo- 32 gy, including the establishment of peer review panels composed of 33 nationally recognized experts in the technological areas and industries 34 to which the application is related. 35 3. (a) From such funds as may be appropriated for this purpose by the 36 legislature, the [foundation] department may provide financial support, 37 through contracts or other means, to designated centers for advanced 38 technology, in order to enhance and accelerate the development of such 39 centers. Funds received pursuant to this subdivision may be used for 40 purchase of equipment and fixtures, employment of faculty and support 41 staff, provision of graduate fellowships, and other purposes approved by 42 the [foundation] department, but may not be used for capital 43 construction. In each case, the amount provided by the [foundation] 44 department to a center shall be matched by commitments of support from 45 private and governmental other than state sources provided that: 46 (i) funds or in-kind resources provided by the public or private 47 university of which the center is a part may be counted towards the 48 match; 49 (ii) such match shall not be required on a project-by-project basis; 50 (iii) matching funds received from businesses with no more than one 51 hundred employees shall count as double the actual dollar amount toward 52 the center's overall match requirement; 53 (iv) funds used by the center for any workforce development activities 54 required by the [foundation] department shall not be included as part of 55 the center's award when determining the amount of matching funds 56 required by the [foundation] department. Such activities shall include,S. 7508--A 207 A. 9508--A 1 but are not limited to, helping incumbent workers expand their skill 2 sets through short courses, seminars, and workshops; providing indus- 3 try-driven research assistant opportunities for students, and aiding in 4 the development of undergraduate and graduate courses in the center's 5 technology focus to help ensure that students are trained to meet the 6 needs of industry; 7 (v) centers may use not more then twenty-five percent of indirect 8 costs towards any match requirements. 9 (b) The amount provided by the [foundation] department shall be made 10 in accordance with the following: 11 (i) for the academic year in which it is first funded as a designated 12 center, and the five subsequent years, the amount provided by the [foun-13dation] department to a center shall be matched equally by the center; 14 (ii) beginning in the sixth academic year following the academic year 15 in which a center is first funded as a designated center and for each 16 academic year thereafter, amounts provided by the [foundation] depart- 17 ment of up to seven hundred fifty thousand dollars shall be matched 18 equally by the center, amounts in excess of seven hundred fifty thousand 19 dollars shall be matched by the center in amounts of at least the 20 percentage set forth herein: in the sixth year, one hundred twenty 21 percent; in the seventh year, one hundred forty percent; in the eighth 22 year, one hundred sixty percent; in the ninth year, one hundred eighty 23 percent; in the tenth year and each year thereafter, two hundred 24 percent; 25 (iii) beginning in the ninth academic year following the academic year 26 in which a center is first funded as a designated center, the [founda-27tion] department shall evaluate such center's area of advanced technolo- 28 gy to determine whether it has continued significant potential for 29 enhancing economic growth in New York, or whether the application of 30 technologies in the area could significantly enhance the productivity 31 and stability of New York businesses; 32 (iv) upon a finding by the [foundation] department that an area of 33 advanced technology has continued significant potential for enhancing 34 economic growth in New York, or that the application of technologies in 35 the area could significantly enhance the productivity and stability of 36 New York businesses, the [foundation] department will initiate a redes- 37 ignation process in accordance with the standards and criteria set forth 38 in paragraph (b) of subdivision two and in accordance with paragraphs 39 (c) and (d) of subdivision two of this section. 40 (1) In the event a new center is selected in the redesignation proc- 41 ess, the [foundation] department shall provide funds to such new center 42 in accordance with the funding match requirements set forth in subpara- 43 graphs (i) and (ii) of paragraph (a) of this subdivision. 44 (2) In the event a previously designated center is redesignated in the 45 same area of technology, which redesignation is effective for the tenth 46 academic year following the first academic year of both designation and 47 funding, then, in that year and in each year thereafter, the [founda-48tion] department shall provide funds of up to seven hundred fifty thou- 49 sand dollars to be matched equally by the center, amounts in excess of 50 seven hundred fifty thousand dollars shall be matched by the center in 51 amounts of at least two hundred percent. 52 (3) In the event a currently designated center is not selected in the 53 redesignation process for an additional term, or upon a finding by the 54 [foundation] department that the area of advanced technology does not 55 have significant potential for enhancing economic growth in New York, or 56 upon a finding that the application of technologies in that area wouldS. 7508--A 208 A. 9508--A 1 not significantly enhance the productivity and stability of New York 2 businesses, then the [foundation] department shall, in the tenth academ- 3 ic year following such center's first both designation and funding, 4 which year shall be the final year of funding for such center, provide 5 an amount of up to five hundred thousand dollars. 6 (c) Continued funding of the operations of each center shall be based 7 upon a showing that: the center continues to comply with the criteria 8 established by the [foundation] department pursuant to paragraph (b) of 9 subdivision two of this section; a demonstration of assistance to small 10 businesses in New York state through research, technology transfer or 11 other means as approved by the [foundation] department; evidence of 12 partnerships with other appropriate entities to develop outreach 13 networks and ensure that companies receive access to appropriate federal 14 funding for technology development and commercialization as well as 15 non-research assistance such as general business consulting. Appropriate 16 partners are those with which the center demonstrates a relationship 17 that enhances and advances the center's ability to aid economic growth 18 in New York state; and compliance with the rules, regulations and guide- 19 lines of the [foundation] department; and, compliance with any contracts 20 between the [foundation] department and the designated center. 21 (d) Each center shall report on its activities to the [foundation] 22 department in a manner and according to the schedule established by the 23 [foundation] department, and shall provide such additional information 24 as the [foundation] department may require provided, that quantifiable 25 economic development impact measures are not restricted to any period 26 less than five years and that centers provide a full description of all 27 non-quantifiable measures. The [foundation] department shall evaluate 28 center operations using methods such as site visits, reporting of speci- 29 fied information and peer review evaluations using experts in the field 30 of technology in which the center was designated. The [foundation] 31 department shall notify each center of the results of its evaluations 32 and findings of deficiencies in the operation of such center or its 33 research, education, or technology commercialization activities and 34 shall work with such centers to remedy such findings. If such factors 35 are not remedied, the [foundation] department may withdraw the state 36 funding support, in whole or in part, or withdraw the center desig- 37 nation. 38 (e) In order to encourage that the results of center research benefit 39 New York state, designation and continued funding of each center shall 40 be contingent upon each center's establishing within its licensing 41 guidelines the following: after payment of the inventor's share, a 42 reduced payment due to the university of any royalty, income or other 43 consideration earned from the license or sale of intellectual property 44 rights created or developed at, or through the use of, the facilities of 45 the center by any person or entity if the manufacturing or use resulting 46 from such intellectual property rights occurs within New York state. The 47 [foundation] department shall promulgate rules and regulations regarding 48 the provisions of the licensing guidelines described herein as they 49 apply to such reduced payment, and such provisions shall be subject to 50 the approval of the [foundation] department. 51 4. From such funds as may be appropriated for this purpose by the 52 legislature, the [foundation] department may provide grants to any one 53 university or university-affiliated research institution for purposes of 54 planning and program development aimed at enabling such university or 55 university-affiliated research institution to qualify for designation as 56 a center. Such grants shall be awarded on a competitive basis, and shallS. 7508--A 209 A. 9508--A 1 be available only to those applicants which in the judgment of the 2 [foundation] department may reasonably be expected to be designated as 3 centers. No applicant shall receive more than one such grant. 4 5. (a) From such funds as may be appropriated for the purpose of 5 incentive grants or other funds which may be available from the [founda-6tion] department to enhance center activities in areas of crucial inter- 7 est in the state's economic development, the [foundation] department may 8 provide grants, on a competitive basis, to centers for projects includ- 9 ing, but not limited to, those which: 10 (i) explore new technologies with commercial application conducted 11 jointly by two or more centers or a center and non-center university, 12 college or community college; 13 (ii) are aimed at enhancing or accelerating the process of bringing 14 new products, particularly those under development by new small busi- 15 nesses, to the marketplace; or 16 (iii) increase technology transfer projects with the state's mature 17 manufacturing industries in applying technology in their manufacturing 18 processes or for new product development. 19 (b) State support for incentive grants may be matched on an individual 20 basis by the [foundation] department, which may consider the type of 21 project and the availability of amounts from private, university and 22 governmental, other than state, sources. 23 6. (a) The [foundation] department shall make an annual report of the 24 centers for advanced technology program to the governor and the legisla- 25 ture not later than September first of each year. Such report shall 26 include, but not be limited to, the results of the [foundation's] 27 department's evaluation of each center, a description of the achievement 28 of each center, any deficiencies in the operation of each center or its 29 research, education and technology commercialization activities, remedi- 30 al actions recommended by the [foundation] department, remedial actions 31 taken by each center, a description of the small business assistance 32 provided by each center, a description of any incentive grant program 33 awarded a grant by the [foundation] department and the achievements of 34 such program, and the amount of financial assistance provided by the 35 [foundation] department and the level of matching funds provided by each 36 center and the uses of such monies. 37 (b) Annual reports shall include a discussion of any fields of tech- 38 nology that the [foundation] department has identified as having signif- 39 icant potential for economic growth or improved productivity and stabil- 40 ity of New York businesses and in which no center for advanced 41 technology has been designated and recommendations of the [foundation] 42 department as to actions that should be taken. 43 § 3. This act shall take effect immediately; provided, however that 44 section one of this act shall not take effect until June 30, 2021. 45 PART CCC 46 Section 1. Subsections (e) and (g) of section 7002 of the insurance 47 law, as amended by chapter 188 of the laws of 2003, are amended to read 48 as follows: 49 (e) "Industrial insured" means an insured: 50 (1) whose net worth exceeds one hundred million dollars; 51 (2) who is a member of a holding company system whose net worth 52 exceeds one hundred million dollars; 53 (3) who is the metropolitan transportation authority and its statutory 54 subsidiaries. When filing an application to form a pure captive insur-S. 7508--A 210 A. 9508--A 1 ance company the metropolitan transportation authority shall submit 2 written notice of such filing to the governor, the temporary president 3 of the senate and the speaker of the assembly; [or] 4 (4) who is the power authority of the state of New York and any statu- 5 tory subsidiary or affiliate thereof. When filing an application to form 6 a pure captive insurance company the power authority shall submit writ- 7 ten notice of such filing to the governor, the temporary president of 8 the senate and the speaker of the assembly; or 9 (5) who is a city with a population of one million or more. When 10 filing an application to form a pure captive insurance company, a city 11 with a population of one million or more shall submit written notice of 12 such filing to the governor, the temporary president of the senate and 13 the speaker of the assembly. 14 (g) "Industrial insured group" means any group of unaffiliated indus- 15 trial insureds that are engaged in similar or related businesses or 16 activities, however, the metropolitan transportation authority, the 17 power authority of the state of New York and any statutory subsidiary or 18 affiliate thereof and cities with a population of one million or more 19 shall not be a member of an industrial insured group, and that collec- 20 tively: 21 (1) own, control or hold with power to vote all of the outstanding 22 voting shares of stock of a group captive insurance company incorporated 23 as a stock insurer; or 24 (2) represent one hundred percent of the voting members of a group 25 captive insurance company organized as a mutual insurer. 26 § 2. Section 1005 of the public authorities law is amended by adding a 27 new subdivision 28 to read as follows: 28 28. The authority may establish a subsidiary corporation for the 29 purpose of forming a pure captive insurance company as provided in 30 section seven thousand two of the insurance law. The members of such 31 subsidiary corporation of the authority shall be the same persons hold- 32 ing the offices of members of the authority. Such subsidiary corporation 33 shall have all of the privileges, immunities, tax exemptions and other 34 exemptions of the authority and of the authority's property, functions 35 and activities. The subsidiary corporation of the authority shall be 36 subject to suit in accordance with section one thousand seventeen of 37 this title. The employees of any such subsidiary corporation, except 38 those who are also employees of the authority, shall not be deemed 39 employees of the authority. 40 § 3. Subdivision (a) of section 1500 of the tax law, as amended by 41 section 21 of part A of chapter 59 of the laws of 2014, is amended to 42 read as follows: 43 (a) The term "insurance corporation" includes a corporation, associ- 44 ation, joint stock company or association, person, society, aggregation 45 or partnership, by whatever name known, doing an insurance business, 46 and, notwithstanding the provisions of section fifteen hundred twelve of 47 this article, shall include (1) a risk retention group as defined in 48 subsection (n) of section five thousand nine hundred two of the insur- 49 ance law, (2) the state insurance fund and (3) a corporation, associ- 50 ation, joint stock company or association, person, society, aggregation 51 or partnership doing an insurance business as a member of the New York 52 insurance exchange described in section six thousand two hundred one of 53 the insurance law. The definition of the "state insurance fund" 54 contained in this subdivision shall be limited in its effect to the 55 provisions of this article and the related provisions of this chapter 56 and shall have no force and effect other than with respect to suchS. 7508--A 211 A. 9508--A 1 provisions. The term "insurance corporation" shall also include a 2 captive insurance company doing a captive insurance business, as defined 3 in subsections (c) and (b), respectively, of section seven thousand two 4 of the insurance law; provided, however, "insurance corporation" shall 5 not include the metropolitan transportation authority, the power author- 6 ity of New York or any statutory subsidiary or affiliate thereof, or a 7 public benefit corporation or not-for-profit corporation formed by a 8 city with a population of one million or more pursuant to subsection (a) 9 of section seven thousand five of the insurance law, each of which is 10 expressly exempt from the payment of fees, taxes or assessments, whether 11 state or local; and provided further "insurance corporation" does not 12 include any combinable captive insurance company. The term "insurance 13 corporation" shall also include an unauthorized insurer operating from 14 an office within the state, pursuant to paragraph five of subsection (b) 15 of section one thousand one hundred one and subsection (i) of section 16 two thousand one hundred seventeen of the insurance law. The term 17 "insurance corporation" also includes a health maintenance organization 18 required to obtain a certificate of authority under article forty-four 19 of the public health law. 20 § 4. Subdivision (a) of section 1502-b of the tax law, as amended by 21 section 22 of part A of chapter 59 of the laws of 2014, is amended to 22 read as follows: 23 (a) In lieu of the taxes and tax surcharge imposed by sections fifteen 24 hundred one, fifteen hundred two-a, fifteen hundred five-a, and fifteen 25 hundred ten of this article, every captive insurance company licensed by 26 the superintendent of financial services pursuant to the provisions of 27 article seventy of the insurance law, other than the metropolitan trans- 28 portation authority, the power authority of New York or any statutory 29 subsidiary or affiliate thereof, and a public benefit corporation or 30 not-for-profit corporation formed by a city with a population of one 31 million or more pursuant to subsection (a) of section seven thousand 32 five of the insurance law, each of which is expressly exempt from the 33 payment of fees, taxes or assessments whether state or local, and other 34 than combinable captive insurance company, shall, for the privilege of 35 exercising its corporate franchise, pay a tax on (1) all gross direct 36 premiums, less return premiums thereon, written on risks located or 37 resident in this state and (2) all assumed reinsurance premiums, less 38 return premiums thereon, written on risks located or resident in this 39 state. The rate of the tax imposed on gross direct premiums shall be 40 four-tenths of one percent on all or any part of the first twenty 41 million dollars of premiums, three-tenths of one percent on all or any 42 part of the second twenty million dollars of premiums, two-tenths of one 43 percent on all or any part of the third twenty million dollars of premi- 44 ums, and seventy-five thousandths of one percent on each dollar of 45 premiums thereafter. The rate of the tax on assumed reinsurance premiums 46 shall be two hundred twenty-five thousandths of one percent on all or 47 any part of the first twenty million dollars of premiums, one hundred 48 and fifty thousandths of one percent on all or any part of the second 49 twenty million dollars of premiums, fifty thousandths of one percent on 50 all or any part of the third twenty million dollars of premiums and 51 twenty-five thousandths of one percent on each dollar of premiums there- 52 after. The tax imposed by this section shall be equal to the greater of 53 (i) the sum of the tax imposed on gross direct premiums and the tax 54 imposed on assumed reinsurance premiums or (ii) five thousand dollars. 55 § 5. This act shall take effect immediately.S. 7508--A 212 A. 9508--A 1 PART DDD 2 Section 1. Legislative findings and intent. The legislature hereby 3 finds, determines and declares the following: 4 The planning, development and operation of the Hudson River Park as a 5 public park continues to be a matter of importance to the state. As 6 detailed in the 1998 law creating the park and the trust, chapter 592 of 7 the laws of 1998, the creation, development, operation and maintenance 8 of the Hudson River Park will enhance and protect the natural, cultural 9 and historic aspects of the Hudson River, enhance and afford quality 10 public access to the river, allow for an array of cultural and recre- 11 ational programs and provide a host of other public benefits. The chang- 12 es to the 1998 law by this act are intended to, after decades of delay 13 and inaction, finally effectuate the park's general project plan as 14 defined in chapter 592 of the laws of 1998, which continues to be the 15 operative planning document guiding park development, protection and 16 reuse of a portion of the Hudson River waterfront in lower Manhattan 17 south of 59th street, and are intended to ensure the realization of that 18 vision and the park's continuing viability for years to come. Nothing 19 herein is intended to alter or override any prior determinations 20 concerning park planning, development or operation. 21 § 2. Paragraph (c) of subdivision 9 of section 7 of chapter 592 of the 22 laws of 1998, constituting the Hudson river park act, as amended by 23 chapter 517 of the laws of 2013, is amended to read as follows: 24 (c) [The city of New York shall use best efforts to relocate the tow25pound on Pier 76. Subsequent to relocation of the tow pound, the city of26New York shall promptly convey to the trust a possessory interest in27Pier 76 consistent with such interest previously conveyed with respect28to other portions of the park, provided that at least fifty percent of29the Pier 76 footprint shall be used for park uses that are limited to30passive and active open space and which shall be contiguous to water and31provided further that the remaining portion shall be for park/commercial32use. Upon such conveyance, Pier 76 shall become part of the park.] (i) 33 On or before December 31, 2020, the city of New York shall convey to the 34 trust a possessory interest in Pier 76 consistent with such interest 35 previously conveyed with respect to other portions of the park. Upon 36 such conveyance, Pier 76 shall become part of the park and following 37 redevelopment at least fifty percent of the Pier 76 footprint shall be 38 used for park uses that are limited to passive and active open space and 39 which shall be contiguous to water; and provided further that the 40 remaining portion shall be for park/commercial use. (ii) The city of New 41 York shall, prior to December 31, 2020, cease using Pier 76 for any 42 purposes. Should the city of New York continue to occupy Pier 76 for any 43 purpose subsequent to the conveyance of December 31, 2020, the city of 44 New York shall (A) compensate the trust in the amount of twelve million 45 dollars, and (B) beginning February 1, 2021, pay rent in the amount of 46 three million dollars for each complete or partial month of occupancy. 47 (iii) On or after the effective date of the chapter of the laws of 2020 48 which amended this paragraph, the trust shall be entitled to reasonable 49 access to Pier 76 for the purpose of conducting assessments and 50 inspections necessary to further redevelopment of Pier 76 following its 51 inclusion in the park. 52 § 3. This act shall take effect immediately. 53 PART EEES. 7508--A 213 A. 9508--A 1 Section 1. Section 5 of chapter 451 of the laws of 2017, enacting the 2 New York Buy American Act, is amended to read as follows: 3 § 5. This act shall take effect April 1, 2018 and shall apply to any 4 state contracts executed and entered into on or after such date and 5 shall exclude such contracts that have been previously awarded or have 6 pending bids or pending requests for proposals issued as of April 1, 7 2018, and shall not apply to projects that have commenced project design 8 and environmental studies prior to such date[; provided, however, that9this act shall expire and be deemed repealed April 15, 2020]. 10 § 2. This act shall take effect immediately. 11 PART FFF 12 Section 1. The labor law is amended by adding a new section 224-a to 13 read as follows: 14 § 224-a. Prevailing wage requirements applicable to construction 15 projects performed under private contract. 1. Subject to the provisions 16 of this section, each "covered project" as defined in this section shall 17 be subject to prevailing wage requirements in accordance with section 18 two hundred twenty and two hundred twenty-b of this article. A "covered 19 project" shall mean construction work done under contract which is paid 20 for in whole or in part out of public funds as such term is defined in 21 this section where the amount of all such public funds, when aggregated, 22 is at least thirty percent of the total construction project costs and 23 where such project costs are over five million dollars except as 24 provided for by section two hundred twenty-four-c of this article. 25 2. For purposes of this section, "paid for in whole or in part out of 26 public funds" shall mean any of the following: 27 a. The payment of money, by a public entity directly to or on behalf 28 of the contractor, subcontractor, developer or owner that is not subject 29 to repayment; 30 b. The savings achieved from fees, rents, interest rates, or other 31 loan costs, or insurance costs that are lower than market rate costs; 32 savings from reduced taxes as a result of tax credits, tax abatements, 33 tax exemptions or tax increment financing; and any other savings from 34 reduced, waived, or forgiven costs that would have otherwise been at a 35 higher or market rate but for the involvement of the public entity; 36 c. Money loaned by the public entity that is to be repaid on a contin- 37 gent basis; or 38 d. Credits that are applied by the public entity against repayment of 39 obligations to the public entity. 40 3. For purposes of this section, "paid for in whole or in part out of 41 public funds" shall not include: 42 a. Benefits under section four hundred twenty-one-a of the real prop- 43 erty tax law; 44 b. Funds that are not provided primarily to promote, incentivize, or 45 ensure that construction work is performed, which would otherwise be 46 captured in subdivision two of this section; 47 c. Funds used to incentivize or ensure the development of a comprehen- 48 sive sewage system, including connection to existing sewer lines or 49 creation of new sewage lines or sewer capacity, provided, however, that 50 such work shall be deemed to be a public work covered under the 51 provisions of this article; 52 d. tax benefits provided for projects the value of which are not able 53 to be calculated at the time the work is to be performed; andS. 7508--A 214 A. 9508--A 1 e. any other public monies, credits, savings or loans, determined by 2 the public subsidy board created in section two hundred twenty-four-c of 3 this article as exempt from this definition. 4 4. For purposes of this section "covered project" shall not include 5 any of the following: 6 a. Construction work on one or two family dwellings where the property 7 is the owner's primary residence, or construction work performed on 8 property where the owner of the property owns no more than four dwelling 9 units; 10 b. Construction work performed under a contract with a not-for-profit 11 corporation as defined in section one hundred two of the not-for-profit 12 corporation law, other than a not-for-profit corporation formed exclu- 13 sively for the purpose of holding title to property and collecting 14 income thereof or a local development corporation formed pursuant to 15 section fourteen hundred eleven of the not-for-profit corporation law, 16 where the not-for-profit corporation has gross annual revenue and 17 support less than five million dollars; 18 c. Construction work performed on a multiple residence and/or ancil- 19 lary amenities or installations that is wholly privately owned in any of 20 the following circumstances except as provided for by section two 21 hundred twenty-four-c of this article: 22 (i) where no less than thirty percent of the residential units are 23 affordable for households up to eighty percent of the area median 24 income, provided that area median income shall be adjusted for family 25 size, as calculated by the United States department of housing and urban 26 development, provided that the period of affordability for a residential 27 unit deemed affordable under the provisions of this paragraph shall be 28 for no less than fifteen years from the date of construction; or 29 (ii) where no less than thirty-five percent of the residential units 30 involves the provision of supportive housing services for vulnerable 31 populations; 32 (iii) where construction work is performed on a building paid for in 33 whole or in part out of public funds on affordable units for purposes of 34 ensuring that the affordable units are created or retained and are 35 subject to a regulatory agreement with a local, state, or federal 36 governmental entity; or 37 (iv) any other affordable or subsidized housing as determined by the 38 public subsidy board established by section two hundred twenty-four-c of 39 this article. 40 d. Construction work performed on a manufactured home park as defined 41 in paragraph three of subdivision a of section two hundred thirty-three 42 of the real property law where the manufactured home park is subject to 43 a regulatory agreement with a local, state, or federal governmental 44 entity for no less than fifteen years; 45 e. Construction work performed under a pre-hire collective bargaining 46 agreement between an owner or contractor and a bona fide building and 47 construction trade labor organization which has established itself as 48 the collective bargaining representative for all persons who will 49 perform work on such a project, and which provides that only contractors 50 and subcontractors who sign a pre-negotiated agreement with the labor 51 organization can perform work on such a project, or construction work 52 performed under a labor peace agreement, project labor agreement, or any 53 other construction work performed under an enforceable agreement between 54 an owner or contractor and a bona fide building and construction trade 55 labor organization;S. 7508--A 215 A. 9508--A 1 f. Construction work performed on projects funded by section sixteen-n 2 of the urban development corporation act or the downtown revitalization 3 initiative; 4 g. Construction work and engineering and consulting services performed 5 in connection with the installation of a renewable energy system, renew- 6 able heating or cooling system, or energy storage system, with a capaci- 7 ty equal to or under five megawatts alternating current; 8 h. Construction work performed on supermarket retail space built or 9 renovated with tax incentives provided under the food retail expansion 10 to support health (FRESH) program through the New York city industrial 11 development agency; 12 i. Construction work performed for interior fit-outs and improvements 13 under ten thousand square feet through small business incubation 14 programs operated by the New York city economic development corporation; 15 j. Construction work on space to be used as a school under twenty 16 thousand square feet, pursuant to a lease from a private owner to the 17 New York city department of education and the school construction 18 authority; or 19 k. Construction work performed on projects that received tax benefits 20 related to brownfield remediation, brownfield redevelopment, or historic 21 rehabilitation pursuant to sections twenty-one, twenty-two, one hundred 22 eighty-seven-g or one hundred eighty-seven-h of the tax law, subdivi- 23 sions seventeen, eighteen, or twenty-six of section two hundred ten-B of 24 the tax law, subsections (dd), (ee), (oo) or (pp) of section six hundred 25 six of the tax law, or subdivisions (u), (v) or (y) of section fifteen 26 hundred eleven of the tax law. 27 5. For purposes of this section, "public entity" shall include, but 28 shall not be limited to, the state, a local development corporation as 29 defined in subdivision eight of section eighteen hundred one of the 30 public authorities law or section fourteen hundred eleven of the not- 31 for-profit corporation law, a municipal corporation as defined in 32 section one hundred nineteen-n of the general municipal law, an indus- 33 trial development agency formed pursuant to article eighteen-A of the 34 general municipal law or industrial development authorities formed 35 pursuant to article eight of the public authorities law, and any state, 36 local or interstate or international authorities as defined in section 37 two of the public authorities law; and shall include any trust created 38 by any such entities. 39 6. For purposes of this section, "construction" means work which shall 40 be as defined by the public subsidy board to require payment of prevail- 41 ing wage, and which may involve the employment of laborers, workers, or 42 mechanics. 43 7. For purposes of this section and section two hundred twenty-four-b 44 of this article, the "fiscal officer" shall be deemed to be the commis- 45 sioner. 46 8. The enforcement of any construction work deemed to be a covered 47 project pursuant to this section, and any additional requirements, shall 48 be subject, in addition to this section, only to the requirements of 49 sections two hundred twenty, two hundred twenty-four-b, two hundred 50 twenty-four-c, and two hundred twenty-b of this article and within the 51 jurisdiction of the fiscal officer; provided, however, nothing contained 52 in this section shall be deemed to construe any covered project as 53 otherwise being considered public work pursuant to this article; and 54 further provided: 55 a. The owner or developer of such covered project shall certify under 56 penalty of perjury within five days of commencement of construction workS. 7508--A 216 A. 9508--A 1 whether the project at issue is subject to the provisions of this 2 section through the use of a standard form developed by the fiscal offi- 3 cer. 4 b. The owners or developers of a property who are undertaking a 5 project under private contract, may seek guidance from the public subsi- 6 dy board contained in section two hundred twenty-four-c of this article, 7 and such board may render an opinion as to whether or not the project is 8 a covered project within the meaning of this article. Any such determi- 9 nation shall not be reviewable by the fiscal officer, nor shall it be 10 reviewable by the department pursuant to section two hundred twenty of 11 this article. 12 c. The owner or developer of a covered project shall be responsible 13 for retaining original payroll records in accordance with section two 14 hundred twenty of this article for a period of six years from the 15 conclusion of such work. All payroll records maintained by an owner or 16 developer pursuant to this section shall be subject to inspection on 17 request of the fiscal officer. Such owner or developer may authorize 18 the prime contractor of the construction project to take responsibility 19 for retaining and maintaining payroll records, but will be held jointly 20 and severally liable for any violations of such contractor. All records 21 obtained by the fiscal officer shall be subject to the Freedom of Infor- 22 mation Law. 23 d. Each public entity providing any of the public funds listed in 24 subdivision two of this section to an owner, developer, contractor or 25 subcontractor of a project shall identify the nature and dollar value of 26 such funds and whether any such funds are excluded under subdivision 27 three of this section and shall so notify the recipient of such funds of 28 such determination and of their obligations under paragraph a of this 29 subdivision. 30 e. The fiscal officer may issue rules and regulations governing the 31 provisions of this section. Violations of this section shall be grounds 32 for determinations and orders pursuant to section two hundred twenty-b 33 of this article. 34 9. Each owner and developer subject to the requirements of this 35 section shall comply with the objectives and goals of minority and 36 women-owned business enterprises pursuant to article fifteen-A of the 37 executive law and service-disabled veteran-owned businesses pursuant to 38 article seventeen-B of the executive law. The department in consulta- 39 tion with the directors of the division of minority and women's business 40 development and of the division of service-disabled veterans' business 41 development shall make training and resources available to assist minor- 42 ity and women-owned business enterprises and service-disabled veteran- 43 owned business enterprises on covered projects achieve and maintain 44 compliance with prevailing wage requirements. The department shall make 45 such training and resources available online and shall afford minority 46 and women-owned business enterprises and service-disabled veteran-owned 47 business enterprises an opportunity to submit comments on such training. 48 10. a. The fiscal officer shall report to the governor, the temporary 49 president of the senate, and the speaker of the assembly by July first, 50 two thousand twenty-two, and annually thereafter, on the participation 51 of minority and women-owned business enterprises in relation to covered 52 projects and contracts for public work subject to the provisions of this 53 section and section two hundred twenty of this article respectively as 54 well as the diversity practices of contractors and subcontractors 55 employing laborers, workers, and mechanics on such projects.S. 7508--A 217 A. 9508--A 1 b. Such reports shall include aggregated data on the utilization and 2 participation of minority and women-owned business enterprises, the 3 employment of minorities and women in construction-related jobs on such 4 projects, and the commitment of contractors and subcontractors on such 5 projects to adopting practices and policies that promote diversity with- 6 in the workforce. The reports shall also examine the compliance of 7 contractors and subcontractors with other equal employment opportunity 8 requirements and anti-discrimination laws, in addition to any other 9 employment practices deemed pertinent by the commissioner. 10 c. The fiscal officer may require any owner or developer to disclose 11 information on the participation of minority and women-owned business 12 enterprises and the diversity practices of contractors and subcontrac- 13 tors involved in the performance of any covered project. It shall be 14 the duty of the fiscal officer to consult and to share such information 15 in order to effectuate the requirements of this section. 16 11. If construction work is not deemed to be a covered project, wheth- 17 er by virtue of an exclusion of such project under subdivision four of 18 this section, or by virtue or not receiving sufficient public money to 19 be deemed "paid for in whole or in part out of public funds", such 20 project shall not be subject to the requirements of sections two hundred 21 twenty and two hundred twenty-b of this article. 22 § 2. The labor law is amended by adding two new sections 224-b and 23 224-c to read as follows: 24 § 224-b. Stop-work orders. Where a complaint is received pursuant to 25 this article, or where the fiscal officer upon his or her own investi- 26 gation, finds cause to believe that any person, in connection with the 27 performance of any contract for public work pursuant to section two 28 hundred twenty of this article or any covered project pursuant to 29 section two hundred twenty-four-a of this article, has substantially and 30 materially failed to comply with or intentionally evaded the provisions 31 of this article, the fiscal officer may notify such person in writing of 32 his or her intention to issue a stop-work order. Such notice shall (i) 33 be served in a manner consistent with section three hundred eight of the 34 civil practice law and rules; (ii) notify such person of his or her 35 right to a hearing; and (iii) state the factual basis upon which the 36 fiscal officer has based his or her decision to issue a stop-work order. 37 Any documents, reports, or information that form a basis for such deci- 38 sion shall be provided to such person within a reasonable time before 39 the hearing. Such hearing shall be expeditiously conducted. 40 Following the hearing, if the fiscal officer issues a stop-work order, 41 it shall be served by regular mail, and a second copy may be served by 42 telefacsimile or by electronic mail, with service effective upon receipt 43 of any such order. Such stop-work order shall also be served with regard 44 to a worksite by posting a copy of such order in a conspicuous location 45 at the worksite. The order shall remain in effect until the fiscal offi- 46 cer directs that the stop-work order be removed, upon a final determi- 47 nation on the complaint or where such failure to comply or evade has 48 been deemed corrected. If the person against whom such order is issued 49 shall within thirty days after issuance of the stop-work order makes an 50 application in affidavit form for a redetermination review of such order 51 the fiscal officer shall make a decision in writing on the issues raised 52 in such application. The fiscal officer may direct a conditional release 53 from a stop-work order upon a finding that such person has taken mean- 54 ingful and good faith steps to comply with the provisions of this arti- 55 cle.S. 7508--A 218 A. 9508--A 1 § 224-c. Public subsidy board. 1. A board on public subsidies, herein- 2 after "the board", is hereby created, to consist of eleven members. The 3 eleven members shall be appointed by the governor as follows: one member 4 upon the recommendation of the temporary president of the senate, one 5 member upon the recommendation of the speaker of the assembly, the 6 commissioner, the president of the empire state development corporation, 7 the director of the division of the budget, one person representing 8 employees in the construction industry, and one person representing 9 employers in the construction industry. The commissioner shall act as 10 the chair. The members shall serve at the pleasure of the authority 11 recommending, designating, or otherwise appointing such member and shall 12 serve without salary or compensation but shall be reimbursed for neces- 13 sary expenses incurred in the performance of their duties. 14 2. The board shall meet on an as needed basis and shall have the power 15 to conduct public hearings. The board may also consult with employers 16 and employees, and their respective representatives, in the construction 17 industry and with such other persons, including the commissioner, as it 18 shall determine. No public officer or employee appointed to the board 19 shall forfeit any position or office by virtue of appointment to such 20 board. Any proceedings of the board which relate to a particular indi- 21 vidual or project shall be confidential. 22 3. The board may examine and make recommendations which shall have the 23 full force and effect of law, regarding the following: 24 (a) the minimum threshold percentage of public funds set forth in 25 subdivision one of section two hundred twenty-four-a of this article; 26 (b) the minimum dollar threshold of projects set forth in subdivision 27 one of section two hundred twenty-four-a of this article; 28 (c) construction work excluded as a covered project, as set forth in 29 subparagraphs (i), (ii) and (iii) of paragraph c of subdivision four of 30 section two hundred twenty-four-a of this article; 31 (d) the definition of construction for purposes of section two hundred 32 twenty-four-a of this article; or 33 (e) particular instances of benefits, monies or credits as to whether 34 or not they should constitute public funds. 35 4. In making its recommendations, the board shall examine the impact 36 of such thresholds and circumstances on private development in light of 37 available public subsidies, existing labor market conditions, prevailing 38 wage and supplement practices, and shall consider the extent to which 39 adjustments to such thresholds and circumstances could ameliorate 40 adverse impacts, if any, or expand opportunities for prevailing wage and 41 supplement standards on publicly subsidized private construction 42 projects in any region or regions of the state. 43 5. The board shall be empowered to issue binding determinations to any 44 public entity, or any private or not-for-profit owner or developer as to 45 any particular matter related to an existing or potential covered 46 project. In such instances the board shall make a determination based 47 upon documents, or testimony, or both in its sole discretion. Any such 48 proceeding shall be confidential. The determination issued by the board 49 shall be final, and may not be appealed to the commissioner, nor shall 50 any private right of action accrue to any individual to enforce the 51 terms of this article. 52 § 3. The labor law is amended by adding a new section 813-a to read as 53 follows: 54 § 813-a. Annual reports by apprenticeship programs. 1. On an annual 55 basis, all apprenticeship programs covered under the provisions of this 56 article shall report to the department on the participation of appren-S. 7508--A 219 A. 9508--A 1 tices currently enrolled in such apprenticeship program. The data to be 2 included in such report shall include, at a minimum: (a) the total 3 number of apprentices in such apprenticeship program; (b) the demograph- 4 ic information of such apprentices to the extent such data is available, 5 including, but not limited to, the age, gender, race, ethnicity, and 6 national origin of such apprentices; (c) the rate of advancement and 7 graduation of such apprentices; and (d) the rate of placement of such 8 apprentices onto job sites as well as the demographic information of 9 such apprentices to the extent such data is available, including, but 10 not limited to the age, gender, race, ethnicity, and national origin of 11 such apprentices. 12 2. The department shall make such data publicly available on its 13 website by July first, two thousand twenty-two and on an annual basis, 14 but no later than December thirty-first of each following year. 15 3. The commissioner may promulgate rules and regulations necessary for 16 the implementation of this section. 17 § 4. Severability clause. If any clause, sentence, paragraph, subdivi- 18 sion, or section of this act shall be adjudged by any court of competent 19 jurisdiction to be invalid, such judgment shall not affect, impair, or 20 invalidate the remainder thereof, but shall be confined in its operation 21 to the clause, sentence, paragraph, subdivision, or section thereof 22 directly involved in the controversy in which such judgment shall have 23 been rendered. It is hereby declared to be the intent of the legislature 24 that this act would have been enacted even if such invalid provisions 25 had not been included herein. 26 § 5. This act shall take effect on July 1, 2021 and shall apply to 27 contracts for construction executed, incentive agreements executed, 28 procurements or solicitations issued, or applications for building 29 permits on or after such date; provided however that this act shall not 30 apply to any appropriations of public funds made prior to the day on 31 which this act shall have become a law, or to re-appropriations of such 32 funds first appropriated prior to the day on which this act shall have 33 become a law. Effective immediately, the addition, amendment and/or 34 repeal of any rule or regulation necessary for the implementation of 35 this act on its effective date are authorized to be made and completed 36 on or before such effective date. 37 PART GGG 38 Section 1. The legislature hereby establishes the New York digital 39 marketplace worker classification task force (hereinafter referred to as 40 the "task force") to provide the governor and the legislature with a 41 legislative recommendation addressing the conditions of employment and 42 classification of workers in the modern economy of on-demand workers 43 connected to customers via the internet. 44 § 2. 1. The task force shall consist of nine members to be appointed 45 as follows: 46 a. seven members appointed by the governor; 47 b. one member appointed by the temporary president of the senate; and 48 c. one member appointed by the speaker of the assembly. 49 2. The members of the task force shall include but not be limited to 50 representatives of businesses impacted, labor groups and workers. 51 3. The members of the task force shall receive no compensation for 52 their services but shall be allowed their actual and necessary expenses 53 incurred in the performance of their duties pursuant to this act.S. 7508--A 220 A. 9508--A 1 4. Any vacancies in the membership of the task force shall be filled 2 in the same manner provided for in the initial appointment. 3 5. The task force may consult with any organization, government enti- 4 ty, or person, in the development of its legislative recommendation 5 report required under section three of this act. 6 § 3. On or before May 1, 2020, the task force shall submit to the 7 governor, the temporary president of the senate and the speaker of the 8 assembly, a legislative recommendation containing, but not limited to, 9 the following: 10 a. the necessary wages sufficient to provide adequate maintenance and 11 to protect the health of the workers engaged in work in the modern econ- 12 omy, addressing specific categories of benefits available to workers; 13 b. the proper classification of workers; 14 c. the criteria necessary to determine if a worker is an employee; 15 d. laws regulating safety and health for workers currently classified 16 as independent contractors; 17 e. collective bargaining; 18 f. the availability of anti-discrimination, opportunity and privacy 19 protections for workers currently classified as independent contractors; 20 and 21 g. any other statutory changes necessary. 22 § 4. The labor law is amended by adding a new section 44 to read as 23 follows: 24 § 44. Classification of digital marketplace workers. a. For purposes 25 of this section, "digital marketplace company" means an organization, 26 including, but not limited to a corporation, limited liability company, 27 partnership, sole proprietor, or any other entity, that operates a 28 website or smartphone application, or both, that customers use to 29 purchase, schedule and/or otherwise arrange services including, but not 30 limited to repair, maintenance, construction, painting, assembly, clean- 31 ing, laundry, housekeeping, delivery, transportation, cooking, tutoring, 32 massage, acupuncture, babysitting, home care, healthcare, first aid, 33 companionship, or instruction, and where such company utilizes one or 34 more individuals to provide such services. Such organization: (i) estab- 35 lishes the gross amounts earned by the individual providing such 36 services; (ii) establishes the amounts charged to the consumer; (iii) 37 collects payment from the consumer; (iv) pays the individual; or any 38 combination of the foregoing actions; and the individual may provide 39 such services in the name of the individual, or in the name of a busi- 40 ness, or as a separate business entity, and without regard the consumer 41 of such personal services may be an individual, business, other entity, 42 or any combination thereof. Provided, however, no governmental entity 43 shall be considered a digital marketplace company. 44 b. (1) The commissioner is hereby authorized to promulgate regulations 45 determining the appropriate classification of individuals providing 46 services for a digital marketplace company as defined in subdivision a 47 of this section and such regulations shall have the force and effect of 48 law. 49 (2) Such regulations shall set forth the appropriate standard for 50 determination of whether a worker should be classified as an employee or 51 an independent contractor, and shall consider the following conditions: 52 (i) whether the individual is free from the control and direction of the 53 digital marketplace company in connection with the performance of the 54 work; (ii) whether the individual performs work that is outside the 55 usual course of the digital marketplace company's business; and (iii) 56 whether the individual is customarily engaged in an independently estab-S. 7508--A 221 A. 9508--A 1 lished trade, occupation, profession or business that is similar to the 2 service at issue. 3 (3) Workers classified as employees as provided for in this section or 4 who satisfy any other legal test for employment, or have been determined 5 by a court or administrative agency to be employees, shall not have any 6 rights or protections diminished by application of this section. 7 c. The commissioner may exempt any company from application of this 8 section, provided such company has entered into a collectively negoti- 9 ated agreement with a recognized collective bargaining agent. 10 § 5. This act shall take effect immediately; provided, however, that 11 section four of this act shall take effect May 1, 2020. 12 PART HHH 13 Section 1. Section 89-w of the general business law, as added by chap- 14 ter 634 of the laws of 1994, is amended to read as follows: 15 § 89-w. Applicability. The provisions of this article shall not apply 16 to a not-for-profit security guard company or public entity which hires 17 a security guard or guards for a specific event or events solely for its 18 own proprietary use and which employs such security guards only on a 19 temporary basis for a total period not exceeding [fifteen] twenty days 20 per year. 21 § 2. This act shall take effect immediately. 22 PART III 23 Section 1. Subdivision 3 of section 16-o of section 1 of chapter 174 24 of the laws of 1968 constituting the New York state urban development 25 corporation act, as added by chapter 186 of the laws of 2007, is amended 26 to read as follows: 27 3. Establishment and purposes. The corporation shall establish a fund 28 to be known as the "community development financial institutions fund" 29 and shall pay into such fund any monies made available to the corpo- 30 ration for such fund from any source. The monies held in or credited to 31 the fund shall be expended solely for the purposes set forth in this 32 section. The corporation shall not commingle the monies of such fund 33 with any other monies of the corporation or any monies held in trust by 34 the corporation. The corporation is authorized, [within] subject to 35 available [appropriations] funding, to provide financial and technical 36 assistance to community development financial institutions that make 37 loans and provide development services to specific investment areas or 38 targeted populations. 39 § 2. This act shall take effect immediately. 40 PART JJJ 41 Section 1. This act shall be known as the "accelerated renewable ener- 42 gy growth and community benefit act". 43 § 2. Legislative findings and statement of purpose. The legislature 44 hereby finds, determines and declares: 45 1. Chapter 106 of the laws of 2019 enacted the New York state climate 46 leadership and community protection act (the "CLCPA") among other 47 things: 48 (a) directed the department of environmental conservation to establish 49 a statewide greenhouse gas emissions limit as a percentage of 1990 emis-S. 7508--A 222 A. 9508--A 1 sions as follows: (i) 2030: 60% of 1990 emissions; and (ii) 2050: 15% of 2 1990 emissions; 3 (b) directed the public service commission ("commission") to establish 4 programs to require that a minimum of 70% statewide electric generation 5 be produced by renewable energy systems by 2030, and that by the year 6 2040 the statewide electrical demand system will generate zero emis- 7 sions; and 8 (c) directed the commission to require the procurement by the state's 9 jurisdictional load serving entities of at least 9 gigawatts of offshore 10 wind electricity generation by 2035 and six gigawatts of photovoltaic 11 solar generation by 2025, and to support three gigawatts of statewide 12 energy storage capacity by 2030 (collectively, the "CLCPA targets"). 13 2. In order to achieve the CLCPA targets, the state shall take appro- 14 priate action to ensure that: 15 (a) new renewable energy generation projects can be sited in a timely 16 and cost-effective manner; and 17 (b) renewable energy can be efficiently and cost effectively injected 18 into the state's distribution and transmission system for delivery to 19 regions of the state where it is needed. In particular, the state shall 20 provide for timely construction of new, expanded and upgraded distrib- 21 ution and transmission infrastructure as may be needed to access and 22 deliver renewable energy resources, which may include alternating 23 current transmission facilities, high voltage direct current trans- 24 mission infrastructure facilities, and submarine transmission facilities 25 needed to interconnect off-shore renewable generation resources to the 26 state's transmission system. 27 3. A public policy purpose would be served and the interests of the 28 people of the state would be advanced by directing the public service 29 commission to make a comprehensive study of the state's power grid to 30 identify distribution and transmission infrastructure needed to enable 31 the state to meet the CLCPA targets, and based on such study, develop 32 definitive plans that: (a) provide for the timely development of local 33 transmission and distribution system upgrades by the state's regulated 34 utilities and the Long Island power authority; (b) identify bulk trans- 35 mission investments that should be undertaken, including projects that 36 should be undertaken immediately and on an expedited basis by the power 37 authority of the state of New York; and (c) otherwise advance the poli- 38 cies of this act. 39 4. A public policy purpose would be served and the interests of the 40 people of the state would be advanced by: 41 (a) expediting the regulatory review for the siting of major renewable 42 energy facilities and transmission infrastructure necessary to meet the 43 CLCPA targets, in recognition of the importance of these facilities and 44 their ability to lower carbon emissions; 45 (b) making available to developers of clean generation resources 46 build-ready sites for the construction and operation of such renewable 47 energy facilities; 48 (c) developing uniform permit standards and conditions that are appli- 49 cable to classes and categories of renewable energy facilities, that 50 reflect the environmental benefits of such facilities and addresses 51 common conditions necessary to minimize impacts to the surrounding 52 community and environment; 53 (d) providing for workforce training, especially in disadvantaged 54 communities;S. 7508--A 223 A. 9508--A 1 (e) implementing one or more programs to provide benefits to owners of 2 land and communities where renewable energy facilities and transmission 3 infrastructure would be sited; 4 (f) incentivizing the re-use or adaptation of sites with existing or 5 abandoned commercial or industrial uses, such as brownfields, landfills, 6 and former commercial or industrial sites, for the development of major 7 renewable energy facilities and to restore and protect the value of 8 taxable land and leverage existing resources; and 9 (g) establishing additional mechanisms to facilitate the achievement 10 of a net conservation benefit to endangered or threatened species which 11 may be impacted by the construction or operation of major renewable 12 energy facilities. 13 § 3. Paragraphs (c) and (d) of subdivision 4 of section 162 of the 14 public service law, as added by chapter 388 of the laws of 2011, are 15 amended and a new subdivision (e) is added to read as follows: 16 (c) To a major electric generating facility (i) constructed on lands 17 dedicated to industrial uses, (ii) the output of which shall be used 18 solely for industrial purposes, on the premises, and (iii) the generat- 19 ing capacity of which does not exceed two hundred thousand kilowatts; 20 [or] 21 (d) To a major electric generating facility if, on or before the 22 effective date of the rules and regulations promulgated pursuant to this 23 article and section 19-0312 of the environmental conservation law, an 24 application has been made for a license, permit, certificate, consent or 25 approval from any federal, state or local commission, agency, board or 26 regulatory body, in which application the location of the major electric 27 generating facility has been designated by the applicant; or if the 28 facility is under construction at such time[.]; or 29 (e) To a major renewable energy facility as such term is defined in 30 article twenty-three of the economic development law. Any person intend- 31 ing to construct a major renewable energy facility that has filed an 32 application for a certificate pursuant to section one hundred sixty-four 33 of this article which is pending with the commission as of the effective 34 date of this paragraph, may, by written notice to the secretary of the 35 commission, elect to become subject to the provisions of article twen- 36 ty-three of the economic development law. 37 § 4. Section 1 of chapter 174 of the laws of 1968, constituting the 38 New York state urban development corporation act, is amended by adding a 39 new section 16-bb to read as follows: 40 § 16-bb. Green energy siting. There is hereby established within the 41 corporation an office to implement the goals and objectives of title 42 nine-B of article eight of the public authorities law. Such office shall 43 work collaboratively with the New York state energy research and devel- 44 opment authority, department of environmental conservation, and the New 45 York state department of public service in the location, identification, 46 assessment, acquisition, development, marketing and disposition of sites 47 within the state that appear suitable for the development of major 48 renewable energy facilities including sites to be developed as build- 49 ready sites; to enter into any contract necessary to effectuate the 50 parties responsibilities under this section and other applicable law; to 51 request and receive assistance from any department, division, office, 52 commission or other agency of the state or any political subdivision 53 thereof to support the administration of the activities set forth here- 54 in; and to talk to all other actions that may be deemed necessary or 55 convenient to implement the purposes of this section.S. 7508--A 224 A. 9508--A 1 § 5. Section 100 of the economic development law is amended by adding 2 a new subdivision 46-a to read as follows: 3 46-a. The department, by and through the commissioner, shall be 4 authorized to conduct hearings and dispute resolution proceedings, issue 5 permits, and adopt such rules, regulations and procedures as may be 6 necessary, convenient, or desirable to effectuate the purposes of arti- 7 cle twenty-three of this chapter. 8 § 6. The economic development law is amended by adding a new article 9 23 to read as follows: 10 ARTICLE 23 11 MAJOR RENEWABLE ENERGY DEVELOPMENT PROGRAM 12 Section 451. Purpose. 13 453. Definitions. 14 455. Office of renewable energy siting; responsibilities. 15 457. Applicability. 16 459. Application and review. 17 461. Powers of municipalities and state agencies and authori- 18 ties; scope of article. 19 463. Fees; local agency account. 20 § 451. Purpose. It is the purpose of this article to consolidate the 21 environmental review and permitting of major renewable energy facilities 22 in this state and to provide a single forum in which the office of 23 renewable energy siting created by this article may undertake a coordi- 24 nated and timely review of proposed major renewable energy facilities to 25 meet the state's renewable energy goals while ensuring the protection of 26 the environment and consideration of all pertinent social, economic and 27 environmental factors in the decision to permit such facilities as more 28 specifically provided in this article. 29 § 453. Definitions. 1. "Commissioner" shall mean the commissioner of 30 the department of economic development. 31 2. "CLCPA targets" shall mean the public policies established in the 32 climate leadership and community protection act enacted in chapter one 33 hundred six of the laws of two thousand nineteen, including the require- 34 ment that a minimum of seventy percent of the statewide electric gener- 35 ation be produced by renewable energy systems by two thousand thirty, 36 that by the year two thousand forty the statewide electrical demand 37 system will generate zero emissions and the procurement of at least nine 38 gigawatts of offshore wind electricity generation by two thousand thir- 39 ty-five, six gigawatts of photovoltaic solar generation by two thousand 40 twenty-five and to support three gigawatts of statewide energy storage 41 capacity by two thousand thirty. 42 3. "Local agency account" or "account" shall mean the account estab- 43 lished by the department pursuant to section four hundred sixty-three of 44 this article. 45 4. "Local agency" means any local agency, board, district, commission 46 or governing body, including any city, county, and other political 47 subdivision of the state. 48 5. "Office" shall mean the office of renewable siting established 49 pursuant to this article. 50 6. "Department" shall mean the department of economic development. 51 7. "Major renewable energy facility" means any renewable energy 52 system, as such term is defined in section sixty-six-p of the public 53 service law as added by chapter one hundred six of the laws of two thou- 54 sand nineteen, with a nameplate generating capacity of twenty-five thou- 55 sand kilowatts or more, and any co-located system storing energy gener- 56 ated from such a renewable energy system prior to delivering it to theS. 7508--A 225 A. 9508--A 1 bulk transmission system, including all associated appurtenances to 2 electric plants as defined under section two of the public service law, 3 including electric transmission facilities of any capacity or length in 4 order to provide access to load and to integrate such facilities into 5 the state's bulk electric transmission system. 6 8. "Siting permit" shall mean the major renewable energy facility 7 siting permit established pursuant to this article and the rules and 8 regulations promulgated by the department. 9 § 455. Office of renewable energy siting; responsibilities. 1. There 10 shall be created in the department an office of renewable energy siting 11 charged with accepting applications for evaluating, issuing, amending, 12 approving the assignment and/or transfer of, and enforcing siting 13 permits. 14 2. The office shall establish a set of uniform standards and condi- 15 tions for the siting, design, construction and operation of major renew- 16 able energy facilities relevant to issues that are common for particular 17 classes and categories of major renewable energy facilities, in consul- 18 tation with the New York state energy research and development authori- 19 ty, the department of environmental conservation, the department of 20 public service, the department of agriculture and markets, and other 21 relevant state agencies and authorities with subject matter expertise. 22 3. The uniform standards and conditions established pursuant to this 23 section shall be designed to avoid or minimize any potential significant 24 adverse environmental impacts related to the siting, design, 25 construction and operation of a major renewable energy facility, taking 26 into account the CLCPA targets and the environmental benefits of the 27 proposed major renewable energy facility. Such uniform standards and 28 conditions shall apply to those environmental impacts the department 29 determines are common to major renewable energy facilities. 30 4. In its review of an application for a permit to develop a major 31 renewable energy facility, the office shall identify those site-specific 32 environmental impacts, if any, that may be caused or exacerbated by a 33 specific proposed major renewable energy facility and are unable to be 34 addressed in accordance with the uniform standards and conditions. Where 35 appropriate, the department shall draft site specific permit terms and 36 conditions for such impacts, including provisions for the mitigation 37 thereof, taking into account the CLCPA targets and the environmental 38 benefits of the proposed major renewable energy facility. Such terms and 39 conditions may provide for an applicant's payment of a specified amount 40 in lieu of physical mitigation. Amounts paid by an applicant pursuant to 41 such terms and conditions for mitigation of impacts to endangered and 42 threatened species shall be deposited into the endangered and threatened 43 species mitigation fund established pursuant to section ninety-nine-hh 44 of the state finance law. 45 5. The department shall promulgate rules and regulations with respect 46 to all necessary requirements to implement the siting permit program 47 established in this article and promulgate modifications to such rules 48 and regulations as it deems necessary. 49 6. At the request of the office, all other state agencies and authori- 50 ties are hereby authorized to provide support and render services to the 51 office within their respective functions. 52 § 457. Applicability. 1. Following the effective date of this article, 53 no person shall commence the physical preparation of a site for, or 54 begin the construction of a major renewable energy facility in the 55 state, or increase the capacity of an existing major renewable energy 56 facility, without having first obtained a siting permit pursuant to thisS. 7508--A 226 A. 9508--A 1 article. Any such major renewable energy facility with respect to which 2 a siting permit is issued shall not thereafter be built, maintained, or 3 operated except in conformity with such siting permit and any terms, 4 limitations, or conditions contained therein, provided that nothing in 5 this section shall exempt such major renewable energy facility from 6 compliance with federal laws and regulations. 7 2. A siting permit issued by the office may be transferred or 8 assigned, subject to the prior written approval of the office, to a 9 person that agrees to comply with the terms, limitations and conditions 10 contained in such siting permit. 11 3. The office may amend any siting permit issued under this article. 12 4. Any hearings or dispute resolution proceedings initiated under this 13 article or pursuant to rules or regulations promulgated pursuant to this 14 article may be conducted by the commissioner or any person to whom the 15 commissioner shall delegate the power and authority to conduct such 16 hearings or proceedings in the name of the department at any time and 17 place. 18 5. This article shall not apply: 19 (a) to a major renewable energy facility, or any portion thereof, over 20 which any agency or department of the federal government has exclusive 21 siting jurisdiction, or has siting jurisdiction concurrent with that of 22 the state and has exercised such jurisdiction to the exclusion of regu- 23 lation of the facility by the state; provided, however, nothing herein 24 shall be construed to expand federal jurisdiction; 25 (b) to normal repairs, maintenance, replacements, non-material modifi- 26 cations and improvements of a major renewable energy facility, whenever 27 built, which are performed in the ordinary course of business and which 28 do not constitute a violation of any applicable existing permit; 29 (c) to a major renewable energy facility if, on or before the effec- 30 tive date of this article, an application has been made or granted for a 31 license, permit, certificate, consent or approval from any federal, 32 state or local commission, agency, board or regulatory body, including 33 article ten of the public service law, in which application the location 34 of the major renewable energy facility has been designated by the appli- 35 cant, except in the case of a person who elects to be subject to this 36 article as authorized by paragraph e of subdivision four of section one 37 hundred sixty-two of the public service law. 38 6. Any person intending to construct a major renewable energy facility 39 excluded from this article pursuant to paragraph (b) or (c) of subdivi- 40 sion five of this section may elect to become subject to the provisions 41 of this article by filing an application for a siting permit. This arti- 42 cle shall thereafter apply to each major renewable energy facility iden- 43 tified in such notice from the date of its receipt by the office. With 44 respect to such major renewable energy facilities, the rules and regu- 45 lations promulgated pursuant to this article shall set forth an expe- 46 dited permitting process to account for matters and issues already 47 presented in relevant alternative permitting proceedings. 48 7. Any person intending to construct a facility that is a renewable 49 energy system, as such term is defined in section sixty-six-p of the 50 public service law as added by chapter one hundred six of the laws of 51 two thousand nineteen, with a nameplate capacity of at least ten thou- 52 sand but less than twenty-five thousand kilowatts or more, may apply to 53 become subject to the provisions of this article by filing an applica- 54 tion for a siting permit. Upon submission of such application, the 55 subject renewable energy facility shall be treated as a "major renewableS. 7508--A 227 A. 9508--A 1 energy facility" exclusively for purposes of permitting under this arti- 2 cle. 3 § 459. Application and review. 1. Until the department establishes 4 uniform standards and conditions required by section four hundred 5 fifty-five of this article or promulgates regulations specifying the 6 content of an application for a siting permit, an application for a 7 siting permit submitted to the department shall conform substantially to 8 the form and content of an application required by section one hundred 9 sixty-four of the public service law. 10 2. Notwithstanding any law to the contrary, the office shall, within 11 sixty days of its receipt of an application for a siting permit deter- 12 mine whether the application is complete and notify the applicant of its 13 determination. If the department does not deem the application complete, 14 the department shall set forth in writing delivered to the applicant all 15 of the reasons why it has determined the application to be incomplete. 16 If the department fails to make a determination within the foregoing 17 sixty-day time period, the application shall be deemed complete. 18 3. a. No later than sixty days following the date upon which an 19 application has been deemed complete, and following consultation with 20 any relevant state agency or authority, the department shall publish for 21 public comment draft permit conditions prepared by the department, which 22 comment period shall be for a minimum of sixty days from public notice 23 thereof. 24 b. For any municipality, political subdivision or an agency thereof 25 that has received notice of the filing of an application, the munici- 26 pality shall within the timeframes established by this subdivision 27 submit a statement to the office indicating whether the proposed facili- 28 ty is designed to operate in compliance with applicable local laws and 29 regulations, if any, concerning the environment, public health and safe- 30 ty. 31 4. General expressions of disagreement with or general opposition to 32 the siting, design, construction and/or operation of a major renewable 33 energy facility during the public comment period shall not be considered 34 to be substantive or significant for purposes of this section. If public 35 comment on a draft permit condition published by the department pursuant 36 to this section, including comments provided by a municipality, raises a 37 substantive and significant issue that requires adjudication, the 38 department shall promptly fix a date for hearing to hear arguments and 39 consider evidence with respect thereto. 40 5. Following the expiration of the public comment period set forth in 41 this section, or following the conclusion of a hearing undertaken pursu- 42 ant to this section, as applicable the office shall promptly issue a 43 final siting permit to the applicant that includes such conditions the 44 office determines to be necessary to mitigate any potential significant 45 adverse environmental impact, and the office may elect not to apply, in 46 whole or in part, any local law or ordinance which would otherwise be 47 applicable if it finds that, as applied to the proposed major renewable 48 energy facility, is unreasonably burdensome in view of the CLCPA targets 49 and the environmental benefits of the proposed major renewable energy 50 facility. 51 6. In all respects, and notwithstanding any other deadline made appli- 52 cable by this article, the office shall make a final decision on a 53 siting permit for any major renewable energy project within one year 54 from the date the application was deemed complete, or within six months 55 from the date the application was deemed complete if the major renewable 56 energy facility is proposed to be sited on an existing or abandonedS. 7508--A 228 A. 9508--A 1 commercial use, including without limitation, brownfields, landfills, 2 former commercial or industrial sites, and abandoned or otherwise under- 3 utilized sites, as further defined by the regulations promulgated by 4 this article. If a final siting permit decision has not been made by the 5 office within such time period then such siting permit shall be deemed 6 to have been automatically granted for all purposes set forth in this 7 article and all uniform conditions or site specific permit conditions 8 issued for public comment shall constitute enforceable provisions of the 9 siting permit. 10 7. Any party aggrieved by the issuance or denial of a permit under 11 this article may seek judicial review thereof only in a proceeding 12 pursuant to article seventy-eight of the civil practice law and rules by 13 filing of a petition within thirty days of the issuance or denial of the 14 permit. 15 § 461. Powers of municipalities and state agencies and authorities; 16 scope of article. 1. Notwithstanding any other provision of law, 17 including without limitation article eight of the environmental conser- 18 vation law and article seven of the public service law, no other state 19 agency, department or authority, or any local agency or political subdi- 20 vision or any agency thereof may, except as expressly authorized under 21 this article or the rules and regulations promulgated under this arti- 22 cle, require any approval, consent, permit, certificate, contract, 23 agreement, or other condition for the development, design, construction, 24 operation, or decommissioning of a major renewable energy facility with 25 respect to which an application for a siting permit has been filed, 26 provided in the case of a municipality, political subdivision or an 27 agency thereof, such entity has received notice of the filing of the 28 application therefor. Notwithstanding the foregoing, the department of 29 environmental conservation shall be the permitting agency for permits 30 issued pursuant to federally delegated or federally approved programs. 31 2. This article shall not impair or abrogate any federal, state or 32 local labor laws or any otherwise applicable state law for the 33 protection of employees engaged in the construction and operation of a 34 major renewable energy facility. 35 § 463. Fees; local agency account. 1. Each application for a siting 36 permit shall be accompanied by a fee in an amount equal to one thousand 37 dollars for each thousand kilowatts of capacity of the proposed major 38 renewable energy facility, and the office may update the fee period- 39 ically solely to account for inflation, to be deposited in an account to 40 be known as the local agency account established for the benefit of 41 local agencies by the New York state energy research and development 42 authority and maintained in a segregated account in the custody of the 43 commissioner of taxation and finance. The proceeds of such account shall 44 be disbursed by the office, in accordance with eligibility and proce- 45 dures established by the rules and regulations promulgated by the 46 department pursuant to this article, for the participation of local 47 agencies in public comment periods or hearing procedures established by 48 this article, including the rules and regulations promulgated hereto. 49 2. All funds so held by the New York state energy research and devel- 50 opment authority shall be subject to an annual independent audit as part 51 of such authority's audited financial statements, and such authority 52 shall prepare an annual report summarizing account balances and activ- 53 ities for each fiscal year ending March thirty-first and provide such 54 report to the office no later than ninety days after commencement of 55 such fiscal year.S. 7508--A 229 A. 9508--A 1 3. With respect to a person who has filed an application for a siting 2 permit pursuant to section four hundred fifty-seven of this article, the 3 department of public service is hereby directed to refund to that person 4 any amounts held in an intervenor account established pursuant to arti- 5 cles seven and ten of the public service law, as applicable, and with 6 respect to such persons, the office shall address the appropriate treat- 7 ment of funds already disbursed from the intervenor fund in taking and 8 assessing application fees pursuant to this section. 9 4. In addition to the fees established pursuant to subdivision one of 10 this section, the department, pursuant to regulations adopted pursuant 11 to this section, may assess a fee for the purpose of recovering the 12 costs the department incurs related to reviewing and processing an 13 application submitted under this article. 14 § 7. Subdivision 7 of section 487 of the real property tax law, as 15 amended by chapter 515 of the laws of 2002, is amended to read as 16 follows: 17 7. If the assessor is satisfied that the applicant is entitled to an 18 exemption pursuant to this section, he or she shall approve the applica- 19 tion and enter the taxable assessed value of the parcel for which an 20 exemption has been granted pursuant to this section on the assessment 21 roll with the taxable property, with the amount of the exemption set 22 forth in a separate column as computed pursuant to subdivision two of 23 this section and, if applicable section five hundred seventy-five-b of 24 this chapter in a separate column. In the event that real property 25 granted an exemption pursuant to this section ceases to be used primari- 26 ly for eligible purposes, the exemption granted pursuant to this section 27 shall cease. 28 § 8. Subparagraph (a) of subdivision 9 of section 487 of the real 29 property tax law, as amended by chapter 344 of the laws of 2014, is 30 amended and a new subparagraph (c) is added to read as follows: 31 (a) A county, city, town, village or school district, except a school 32 district under article fifty-two of the education law, that has not 33 acted to remove the exemption under this section may require the owner 34 of a property which includes a solar or wind energy system which meets 35 the requirements of subdivision four of this section, to enter into a 36 contract for payments in lieu of taxes. Such contract may require annual 37 payments in an amount not to exceed the amounts which would otherwise be 38 payable but for the exemption under this section. [If the owner or39developer of such a system provides written notification to a taxing40jurisdiction of its intent to construct such a system, then in order to41require the owner or developer of such system to enter into a contract42for payments in lieu of taxes, such taxing jurisdiction must notify such43owner or developer of its intent to require a contract for payments in44lieu of taxes within sixty days of receiving the written notification.] 45 (c) A county, city, town, village or school district that intends to 46 require a contract for payments in lieu of taxes pursuant to this 47 section shall, prior to execution of such contract, consult with the New 48 York state energy research and development authority in determining the 49 annual payments to be required in such contracts. 50 § 9. The real property tax law is amended by adding a new section 51 575-b to read as follows: 52 § 575-b. Solar or wind energy systems. The assessed value for solar or 53 wind energy system, as such term is defined in section four hundred 54 eighty-seven of this chapter, shall be determined by an income capital- 55 ization or discounted cash flow approach that includes the following:S. 7508--A 230 A. 9508--A 1 1. An appraisal model identified and published by the department and 2 the New York state energy research and development authority; and 3 2. A discount rate published annually by the department and the New 4 York state energy research and development authority. 5 § 10. The third undesignated paragraph of section 852 of the general 6 municipal law, as amended by chapter 630 of the laws of 1977, is amended 7 to read as follows: 8 It is hereby further declared to be the policy of this state to 9 protect and promote the health of the inhabitants of this state and to 10 increase trade through promoting the development of facilities to 11 provide recreation for the citizens of the state and to attract tourists 12 from other states and to promote the development of renewable energy 13 projects to support the state's renewable energy goals as may be estab- 14 lished or amended from time to time. 15 § 11. Subdivision 4 of section 854 of the general municipal law, as 16 amended by section 6 of part J of chapter 59 of the laws of 2013, is 17 amended to read as follows: 18 (4) "Project" - shall mean any land, any building or other improve- 19 ment, and all real and personal properties located within the state of 20 New York and within or outside or partially within and partially outside 21 the municipality for whose benefit the agency was created, including, 22 but not limited to, machinery, equipment and other facilities deemed 23 necessary or desirable in connection therewith, or incidental thereto, 24 whether or not now in existence or under construction, which shall be 25 suitable for manufacturing, warehousing, research, commercial, renewable 26 energy or industrial purposes or other economically sound purposes iden- 27 tified and called for to implement a state designated urban cultural 28 park management plan as provided in title G of the parks, recreation and 29 historic preservation law and which may include or mean an industrial 30 pollution control facility, a recreation facility, educational or 31 cultural facility, a horse racing facility, a railroad facility, renewa- 32 ble energy project or an automobile racing facility, provided, however, 33 no agency shall use its funds or provide financial assistance in respect 34 of any project wholly or partially outside the municipality for whose 35 benefit the agency was created without the prior consent thereto by the 36 governing body or bodies of all the other municipalities in which a part 37 or parts of the project is, or is to be, located, and such portion of 38 the project located outside such municipality for whose benefit the 39 agency was created shall be contiguous with the portion of the project 40 inside such municipality. 41 § 12. Section 854 of the general municipal law is amended by adding a 42 new subdivision 21 to read as follows: 43 (21) "Renewable energy project" shall mean any project and associated 44 real property on which the project is situated, that utilizes any system 45 or equipment as set forth in section four hundred eighty-seven of the 46 real property tax law or as defined pursuant to paragraph b of subdivi- 47 sion one of section sixty-six-p of the public service law as added by 48 chapter one hundred six of the laws of two thousand nineteen. 49 § 13. The opening paragraph of section 858 of the general municipal 50 law, as amended by chapter 478 of the laws of 2011, is amended to read 51 as follows: 52 The purposes of the agency shall be to promote, develop, encourage and 53 assist in the acquiring, constructing, reconstructing, improving, main- 54 taining, equipping and furnishing industrial, manufacturing, warehous- 55 ing, commercial, research, renewable energy and recreation facilities 56 including industrial pollution control facilities, educational orS. 7508--A 231 A. 9508--A 1 cultural facilities, railroad facilities, horse racing facilities, auto- 2 mobile racing facilities, renewable energy projects and continuing care 3 retirement communities, provided, however, that, of agencies governed by 4 this article, only agencies created for the benefit of a county and the 5 agency created for the benefit of the city of New York shall be author- 6 ized to provide financial assistance in any respect to a continuing care 7 retirement community, and thereby advance the job opportunities, health, 8 general prosperity and economic welfare of the people of the state of 9 New York and to improve their recreation opportunities, prosperity and 10 standard of living; and to carry out the aforesaid purposes, each agency 11 shall have the following powers: 12 § 14. Paragraph (b) of subdivision 5 of section 859-a of the general 13 municipal law, as added by chapter 563 of the laws of 2015, is amended 14 to read as follows: 15 (b) a written cost-benefit analysis by the agency that identifies the 16 extent to which a project will create or retain permanent, private 17 sector jobs; the estimated value of any tax exemptions to be provided; 18 the amount of private sector investment generated or likely to be gener- 19 ated by the proposed project; the contribution of the project to the 20 state's renewable energy goals and emission reduction targets as set 21 forth in the state energy plan adopted pursuant to section 6-104 of the 22 energy law; the likelihood of accomplishing the proposed project in a 23 timely fashion; and the extent to which the proposed project will 24 provide additional sources of revenue for municipalities and school 25 districts; and any other public benefits that might occur as a result of 26 the project; 27 § 15. Section 859-a of the general municipal law is amended by adding 28 a new subdivision 7 to read as follows: 29 7. Each agency shall consult with and seek advice and assistance from 30 the New York state energy research and development authority, as defined 31 in section eighteen hundred fifty-one of the public authorities law, in 32 calculating payments in lieu of taxes for renewable energy projects. 33 § 16. Subdivision 2 of section 1852 of the public authorities law, as 34 amended by chapter 156 of the laws of 2014, is amended to read as 35 follows: 36 2. The membership of the authority shall consist of [thirteen] fifteen 37 members, to be as follows: the commissioner of the department of trans- 38 portation, the commissioner of the department of environmental conserva- 39 tion, the chair of the public service commission, the president and 40 chief executive officer of the power authority of the State of New York, 41 and the chair of the New York state urban development corporation, all 42 of whom shall serve ex-officio; and [nine] ten members appointed by the 43 governor by and with the advice and consent of the senate; one of whom 44 shall be an engineer or a research scientist with a degree in the phys- 45 ical sciences or engineering who has not been employed in the nuclear 46 fission field for three years preceding the appointment and who shall 47 not be so employed during his or her term; one of whom shall have 48 significant expertise in the siting of renewable energy facilities who 49 has not been employed by a renewable energy generator for three years 50 preceding the appointment and whom shall not be so employed during his 51 or her term; one of whom shall be an economist who shall not have 52 received more than one-tenth of his or her income from an electric util- 53 ity or gas utility for three years preceding the appointment and who 54 shall not so derive more than one-tenth of his or her income during such 55 term; one of whom who shall be a member of a not-for-profit environ- 56 mental group; one of whom shall be a member of a not-for-profit consumerS. 7508--A 232 A. 9508--A 1 group; one of whom who shall be an officer of a utility primarily 2 engaged in the distribution of gas; and one of whom shall be an officer 3 of an electric utility. The governor shall designate the chair. Of the 4 nine members appointed by the governor, two shall be appointed for terms 5 expiring April first, nineteen hundred seventy-eight, two for terms 6 expiring April first, nineteen hundred eighty, two for terms expiring 7 April first, nineteen hundred eighty-one, and three for terms expiring 8 April first, nineteen hundred eighty-two. Persons appointed by the 9 governor for full terms as successors to such members shall serve for 10 terms of six years each commencing as of April first. In the event of a 11 vacancy occurring in the office of a member by death, resignation or 12 otherwise, the governor shall appoint a successor, by and with the 13 advice and consent of the senate, to serve the balance of the unexpired 14 term. 15 § 17. The opening paragraph of section 1854 of the public authorities 16 law, as amended by chapter 558 of the laws of 1980, is amended to read 17 as follows: 18 The purposes of the authority shall be to work in collaboration with 19 the department of economic development, the New York state urban devel- 20 opment corporation and any of their affiliates, to develop, invest in 21 and implement new energy technologies and projects consistent with 22 economic development and investment, social and environmental objec- 23 tives, to develop and encourage energy conservation technologies and 24 projects, to promote, develop, invest in, encourage and assist in the 25 acquiring, constructing, improving, maintaining, equipping and furnish- 26 ing of industrial, manufacturing, warehousing, commercial, research and 27 industrial pollution control facilities at the Saratoga Research and 28 Development Center, and to promote, develop, encourage and assist 29 special energy projects and thereby advance job opportunities, health, 30 general prosperity and economic welfare of the people of the state of 31 New York. In carrying out such purposes, the authority shall, with 32 respect to the activities specified, have the following powers: 33 § 18. Article 8 of the public authorities law is amended by adding a 34 new title 9-B to read as follows: 35 Title 9-B 36 CLEAN ENERGY RESOURCES DEVELOPMENT AND INCENTIVES PROGRAM 37 Section 1900. Statement of legislative intent. 38 1901. Definitions. 39 1902. Powers and duties. 40 1903. Eligibility. 41 1904. Funding. 42 § 1900. Statement of legislative intent. It is the intent of the 43 legislature in enacting this title to empower the New York state energy 44 research and development authority to establish effective programs and 45 other mechanisms to: (1) foster and encourage the orderly and expedient 46 siting and development of major renewable energy facilities consistent 47 with applicable law for the purpose of enabling the state to meet emis- 48 sions, renewable energy and other targets in the New York state climate 49 leadership and community protection act; (2) incentivize the re-use of 50 previously developed sites to protect the value of taxable land, capi- 51 talize on existing infrastructure; and (3) support the provision of 52 reasonable benefits to communities that host major renewable energy 53 facilities. 54 § 1901. Definitions. As used in this title, the following terms shall 55 have the following meanings:S. 7508--A 233 A. 9508--A 1 1. "Act" means the accelerated renewable energy growth and community 2 benefit act. 3 2. "Authority" shall have the same meaning as in subdivision two of 4 section eighteen hundred fifty-one of this article. 5 3. "Commission" shall mean the public service commission. 6 4. "Departments" shall mean the department of environmental conserva- 7 tion, the department of agriculture and markets, the department of 8 economic development and the department of public service. 9 5. "Host community" shall mean any municipality within which a major 10 renewable energy facility, or any portion thereof, has been proposed for 11 development. 12 6. "Major renewable energy facility" shall mean facilities as defined 13 in subdivision six of section four hundred fifty-three of the economic 14 development law and facilities intending or anticipating to be consid- 15 ered as major renewable energy facilities pursuant to subdivision five 16 of section four hundred fifty-seven of the economic development law. 17 7. "Municipality" shall mean a county, city, town or village or poli- 18 tical subdivision. 19 8. "Build-ready site" shall mean a site for which the authority has 20 secured permits, property interests, agreements and/or other authori- 21 zations which the authority determines are reasonably adequate under the 22 circumstances in order to offer such site for further development, 23 construction and operation in accordance with the other provisions of 24 this title. 25 § 1902. Powers and duties. The authority is hereby authorized and 26 directed to undertake such actions it deems necessary or convenient to 27 foster and encourage the siting and development of major renewable ener- 28 gy facilities at appropriate locations throughout the state in accord- 29 ance with this title, work in collaboration with the New York state 30 urban development corporation and any of their affiliates, including 31 without limitation: 32 1. (a) Locate, identify and assess sites within the state that appear 33 suitable for the development of major renewable energy facilities 34 including for the specific purpose of producing build-ready sites. Such 35 assessment may include but need not be limited to the following consid- 36 erations: 37 (i) natural conditions at the site that are favorable to renewable 38 energy generation; 39 (ii) current land uses at or near the site; 40 (iii) environmental conditions at or near the site; 41 (iv) the availability and characteristics of any transmission or 42 distribution facilities on or near the site that could be used to facil- 43 itate the delivery of energy from the site, including existing or poten- 44 tial constraints on such facilities; 45 (v) the potential for the development of energy storage facilities at 46 or near the site; 47 (vi) potential impacts of development on disadvantaged communities; 48 and 49 (vii) expressions of commercial interest in the site or general 50 location by developers of major renewable energy facilities. 51 (b) In making such assessment the authority is authorized to and to 52 give priority to existing or abandoned commercial uses, including with- 53 out limitation brownfields, landfills, former commercial or industrial 54 sites, and abandoned or otherwise underutilized sites; 55 2. Notwithstanding any provision of law to the contrary, negotiate and 56 enter into agreements with persons who own or control interests inS. 7508--A 234 A. 9508--A 1 favorable sites for the purpose of securing the rights and interests 2 necessary to enable the authority to establish build-ready sites; 3 3. Establish procedures and protocols for the purpose of establishing 4 build-ready sites; 5 4. Undertake all work and secure such permits as the authority deems 6 necessary or convenient to facilitate the process of establishing build- 7 ready sites and for the transfer of the build-ready sites to developers 8 selected pursuant to the process authorized by this title or any other 9 process authorized by law; 10 5. Notwithstanding any other law to the contrary, including title 11 five-A of article nine of this chapter, establish a program, including 12 eligibility and other criteria, pursuant to which the authority would, 13 through a competitive process, transfer rights and other interests in 14 build-ready sites and development rights to developers for the purpose 15 of facilitating the development of major renewable energy facilities on 16 such build-ready sites. Such transactions may include the transfer of 17 rights, interests and obligations existing under agreements providing 18 for host community benefits negotiated by the authority pursuant to 19 programs established pursuant to subdivision six of this section on such 20 terms and conditions as the authority deems appropriate; 21 6. Establish one or more programs pursuant to which property owners 22 and communities would receive incentives to host major renewable energy 23 facilities developed for the purpose of advancing the state policies 24 embodied in this article. Such program may include without limitation, 25 and notwithstanding any other provision of law to the contrary, 26 provisions for the authority to negotiate and enter into agreements with 27 property owners and host communities providing for incentives, including 28 a payment in lieu of taxes, the transfer of the authority's interests in 29 such agreements to developers to whom build-ready sites are transferred, 30 and the provision of information and guidance to stakeholders concerning 31 incentives; 32 7. Procure the services of one or more service providers, including 33 without limitation environmental consultants, engineers and attorneys, 34 to support the authority's responsibilities under this section and 35 perform such other functions as the authority deems appropriate; 36 8. In consultation with the department of economic development, the 37 department of labor and other state agencies and authorities having 38 experience with job training programs, assess the need for and avail- 39 ability of workforce training in the local area of build-ready sites to 40 support renewable energy development with special attention to disadvan- 41 taged communities and, subject to available funding, establish one or 42 more programs pursuant to which financial support can be made available 43 for the local workforce and under-employed populations in the area; 44 9. Manage, allocate and spend any monies made available to the author- 45 ity in furtherance of this title as the authority determines to be 46 appropriate for the proper administration of programs created pursuant 47 to this title; 48 10. Where the authority determines that it would be beneficial to the 49 policy embodied in this title, the authority may offer financing or 50 other incentives to eligible developers, including without limitation 51 measures and activities undertaken by the authority in conjunction with 52 its administration of the state's clean energy standard or similar 53 program as established in commission orders, including without limita- 54 tion orders issued in commission case number 15-E-0302; 55 11. Request and receive the assistance of, the departments or any 56 other state agency or authority, within their respective relevantS. 7508--A 235 A. 9508--A 1 subject matter expertise, to support the administration of the program 2 created pursuant to this title; and 3 12. Exercise such other powers and take all other actions the authori- 4 ty deems necessary or convenient for the proper administration of the 5 program created pursuant to this title. 6 § 1903. Eligibility. The authority may establish and revise any eligi- 7 bility and evaluation criteria it deems appropriate for the proper 8 administration of the programs created pursuant to this title. 9 § 1904. Funding. 1. The authority may seek funding from any authorized 10 or other available source to administer this program. 11 2. Without limiting the foregoing, the authority may submit a petition 12 or other appropriate filing to the commission describing the activities 13 it has taken and plans to undertake in furtherance of the policy 14 embodied in this title. Such filing may include a request for funding to 15 allow such activities to proceed promptly and for a period of at least 16 five years from the date of the order responding to such petition. The 17 commission shall, in accordance with and as promptly as authorized by 18 existing law and regulation but in no event more than four months 19 following the submission of the petition, issue an order responding to 20 such petition subject to any necessary and reasonable limitations based 21 on the public service law. 22 § 19. State power grid study and program to achieve CLCPA targets. 1. 23 As used in this section: 24 (a) "CLCPA targets" means the public policies established in the 25 climate leadership and community protection act enacted in chapter 106 26 of the laws of 2019, including the requirements that a minimum of 70% 27 statewide electric generation be produced by renewable energy systems by 28 2030, by the year 2040 the statewide electrical demand system will 29 generate zero emissions, and the state's jurisdictional load serving 30 entities will procure at least 9 gigawatts of offshore wind electricity 31 generation by 2035, six gigawatts of photovoltaic solar generation by 32 2025, and support 3 gigawatts of statewide energy storage capacity by 33 2030, as such policies may from time to time be amended. 34 (b) "Commission" means the public service commission. 35 (c) "Department" means the department of public service. 36 (d) "Distribution upgrade" means a new distribution facility or an 37 improvement, enhancement, replacement, or other modification to the 38 electric power grid at the distribution level in a utility's service 39 territory that facilitates achievement of the CLCPA targets. 40 (e) "Local transmission upgrade" means a new transmission facility 41 that is identified within a utility's local transmission capital plan, 42 an upgrade to local transmission facility as defined in the tariff of 43 the state grid operator, or an improvement, enhancement, replacement, or 44 other modification to a transmission facility in a utility's service 45 territory that facilitates achievement of the CLCPA targets. 46 (f) "Major renewable energy facility" has the same meaning as in 47 subdivision 6 of section 453 of the economic development law. 48 (g) "Bulk transmission investment" means a new transmission facility 49 or an improvement, enhancement, replacement, or other modification to 50 the state's bulk electric transmission grid that facilitates achievement 51 of the CLCPA targets and includes without limitation alternating current 52 facilities and high voltage direct current facilities, including subma- 53 rine transmission facilities. 54 (h) "State grid operator" means the federally designated electric bulk 55 system operator for New York state.S. 7508--A 236 A. 9508--A 1 (i) "Utility" means an electric transmission or delivery utility or 2 any other person owning or maintaining an electric transmission or 3 delivery system, over which the commission has jurisdiction. 4 2. The department, in consultation with the New York state energy 5 research and development authority, the power authority of the state of 6 New York, the Long Island power authority, the state grid operator, and 7 the utilities shall undertake a comprehensive study for the purpose of 8 identifying distribution upgrades, local transmission upgrades and bulk 9 transmission investments that are necessary or appropriate to facilitate 10 the timely achievement of the CLCPA targets (collectively, "power grid 11 study"). The power grid study shall address needed distribution upgrades 12 and local transmission upgrades for each utility service territory and 13 separately address needed bulk transmission system investments. In 14 performing the study, the department may consider such issues it deter- 15 mines to be appropriate including by way of example system reliability; 16 safety; cost-effectiveness of upgrades and investments in promoting 17 development of major renewable energy facilities and relieving or avoid- 18 ing constraints; and factors considered by the office of renewable ener- 19 gy siting in issuing and enforcing renewable energy siting permits 20 pursuant to article 23 of the economic development law. In carrying out 21 the study, the department is authorized to gather input from owners and 22 developers of competitive transmission projects, the state grid opera- 23 tor, and providers of transmission technology and smart grid solutions, 24 and to utilize information available to the department from other perti- 25 nent studies or research relating to modernization of the state's power 26 grid. To enable the state to meet the CLCPA targets in an orderly and 27 cost-effective manner, the department may issue findings and recommenda- 28 tions as part of the power grid study at reasonable intervals but shall 29 make an initial report of findings and recommendations within 270 days 30 of the effective date of this section. 31 3. The commission shall, within 30 days of the initial findings and 32 recommendations required by subdivision 2 of this section, or at such 33 earlier time as the commission determines to be appropriate, commence a 34 proceeding to establish a distribution and local transmission capital 35 plan for each utility in whose service territory the power grid study 36 identified distribution upgrades and local transmission upgrades that 37 the department determines are necessary or appropriate to achieve the 38 CLCPA targets (the "state distribution and local transmission upgrade 39 programs"). The state distribution and local transmission upgrade 40 programs shall establish a prioritized schedule upon which each such 41 upgrade shall be accomplished. Concurrently, the Long Island power 42 authority shall establish a capital program to address identified 43 distribution and local transmission upgrades in its service territory. 44 4. The commission shall, within thirty days of the initial findings 45 and recommendations required by subdivision 2 of this section, commence 46 a proceeding to establish a bulk transmission system investment program 47 that identifies bulk transmission investments that the commission deter- 48 mines are necessary or appropriate to achieve the CLCPA targets (the 49 "state bulk transmission investment plan"). The commission shall estab- 50 lish a prioritized schedule for implementation of the state bulk trans- 51 mission investment plan, and in particular shall identify projects which 52 shall be completed expeditiously to meet the CLCPA targets. The commis- 53 sion shall periodically review and update the state bulk transmission 54 investment plan, and its designation of projects in that plan which 55 shall be completed expeditiously. The state bulk transmission invest- 56 ment plan shall be submitted by the commission to the state grid opera-S. 7508--A 237 A. 9508--A 1 tor for appropriate incorporation into the state grid operator's studies 2 and plans. 3 5. The legislature finds and determines that timely development of the 4 bulk transmission investments identified in the state bulk transmission 5 investment plan is in the public interest of the people of the state of 6 New York. The legislature further finds and determines that the power 7 authority of the state of New York owns and operates backbone electric 8 transmission assets in New York, has rights-of-way that can support in 9 whole or in part bulk transmission investment projects, and has the 10 financial stability, access to capital, technical expertise and experi- 11 ence to effectuate expeditious development of bulk transmission invest- 12 ments needed to help the state meet the CLCPA targets, and thus it is 13 appropriate for the power authority of the state of New York, subject to 14 the approval of its trustees, by itself or in collaboration with other 15 parties as it determines to be appropriate, to develop those bulk trans- 16 mission improvements found by the commission to be needed expeditiously 17 to achieve CLCPA targets. 18 6. For the state distribution and local transmission upgrade program, 19 the commission shall address implementation of such upgrades pursuant to 20 the existing processes under the public service law. The department 21 shall also make recommendations to the Long Island power authority for 22 upgrades for purposes of assisting the state to achieve the CLCPA 23 targets. 24 7. No later than January 1, 2023, and every 4 years thereafter, the 25 commission shall, after notice and provision for the opportunity to 26 comment, issue a comprehensive review of the actions taken pursuant to 27 this section and their impacts on grid congestion and achievement of the 28 CLCPA targets, and shall institute new proceedings as the commission 29 determines to be necessary to address any deficiencies identified there- 30 with. 31 8. The power authority of the state of New York and the New York state 32 energy research and development authority, are each authorized, as 33 deemed feasible and advisable by their respective boards, to contribute 34 to the cost of the power grid study required by subdivision 2 of this 35 section. 36 9. The power authority of the state of New York is authorized and 37 directed to use existing rights-of-way when undertaking bulk trans- 38 mission investments identified in the state bulk transmission investment 39 plan. 40 10. Nothing in this section is intended to: 41 (a) limit, impair, or affect the legal authority of the power authori- 42 ty that existed as of the effective date of this section; or 43 (b) limit the authority of the power authority to undertake any trans- 44 mission project, including bulk transmission investments, and recover 45 costs under any other process or procedure authorized by state or feder- 46 al law as the authority determines to be appropriate. 47 § 20. Host community benefit. 1. Definitions. As used in this section, 48 the following terms shall have the following meanings: 49 (a) "Renewable host community" shall mean any municipality within 50 which a major renewable energy facility defined in article 23 of the 51 economic development law, or any portion thereof, has been proposed for 52 development. 53 (b) "Renewable owner" shall mean the owner of a major renewable energy 54 facility constructed after the effective date of this section that is 55 proposed to be located in a host community, for which the New York state 56 energy research and development authority has executed an agreement forS. 7508--A 238 A. 9508--A 1 the acquisition of environmental attributes related to a solicitation 2 issued by such authority after the effective date of this section. 3 (c) "Utility" means an electric distribution utility regulated pursu- 4 ant to section 66 of the public service law and serving customers within 5 a host community. 6 2. The public service commission shall, within 60 days from the effec- 7 tive date hereof, commence a proceeding to establish a program under 8 which renewable owners would fund a program to provide a discount or 9 credit on the utility bills of the utility's customers in a renewable 10 host community, or a compensatory or environmental benefit to such 11 customers. Such proceeding shall determine the amount of such discount, 12 credit, compensatory or environmental benefit based on all factors 13 deemed appropriate by the commission, including the expected average 14 electrical output of the facility, the average number of customers with- 15 in the renewable host community, and the expected aggregate annual elec- 16 tric consumption within such renewable host community, the potential 17 impact on disadvantaged communities, and the role of utilities, if any, 18 in implementing any aspect of such program. The Long Island power 19 authority shall establish a program for renewable facilities in its 20 service territory to achieve the same objectives. 21 § 21. Subdivision 3 of section 123 of the public service law, as added 22 by chapter 252 of the laws of 2002, is amended to read as follows: 23 3. Unless otherwise stipulated by the applicant[, a final determi-24nation regarding an application for a certificate to construct trans-25mission facilities for interconnection with a wind energy production26facility located in the county of Lewis shall be rendered within six27months from the date of receipt of a compliant application.]: 28 (a) proceedings on an application for a major utility transmission 29 facility as defined in paragraph a of subdivision two of section one 30 hundred twenty of this article shall be completed in all respects, 31 including a final decision by the commission, within twelve months from 32 the date of a determination by the secretary of the commission that an 33 application complies with section one hundred twenty-two of this arti- 34 cle; provided, however, the commission may extend the deadline in 35 reasonable circumstances by no more than six months in order to give 36 consideration to specific issues necessary to develop an adequate 37 record, because the applicant has been unable to obtain necessary 38 approvals and/or consents related to highway crossings or for other 39 reasons deemed in the public interest. The commission shall render a 40 final decision on the application by the aforementioned deadlines unless 41 such deadlines are waived by the applicant or if the applicant notices 42 the application for settlement, in which case the timeframes established 43 in this paragraph are tolled until such time that settlement discussions 44 are suspended. If, at any time subsequent to the commencement of the 45 hearing, there is a substantive and significant amendment to the appli- 46 cation, the deadlines may be extended by no more than six months, unless 47 such deadline is waived by the applicant, to consider such amendment. 48 (b) the commission shall promulgate rules or regulations to establish 49 an expedited process for proceedings on applications for a major utility 50 transmission facility as defined in paragraph a of subdivision two of 51 section one hundred twenty of this article that (i) would be constructed 52 within existing rights of way, (ii) the commission determines would not 53 result in any significant adverse environmental impacts considering 54 current uses and conditions existing at the site, or (iii) would neces- 55 sitate expanding the existing rights-of-way but such expansion is onlyS. 7508--A 239 A. 9508--A 1 for the purpose of complying with law, regulations, or industry prac- 2 tices relating to electromagnetic fields. 3 (c) for purposes of this subdivision, the following terms shall have 4 the following meanings: 5 (i) "Expedited process" shall mean a process for proceedings on appli- 6 cations for a major electric transmission facility that is completed in 7 all respects, including a final decision by the commission, within nine 8 months from the date of a determination by the secretary of the commis- 9 sion that an application complies with section one hundred twenty-two of 10 this article; provided, however, that if the applicant notices the 11 application for settlement, the timeframe established in this paragraph 12 shall be tolled until such time that settlement discussions are 13 suspended. 14 (ii) "Right-of-way" shall mean (a) real property that is used or 15 authorized to be used for electric utility purposes, or (b) real proper- 16 ty owned or controlled by or under the jurisdiction of the state, a 17 distribution utility, or a state public authority including by means of 18 ownership, lease or easement, that is used or authorized to be used for 19 transportation or canal purposes. 20 § 22. Paragraphs (c) and (d) of subdivision 1 of section 126 of the 21 public service law, paragraph (c) as amended by chapter 406 of the laws 22 of 1987 and paragraph (d) as amended by chapter 521 of the laws of 2015, 23 are amended, paragraph (h) of subdivision 1 is relettered paragraph (i) 24 and a new paragraph (h) is added to read as follows: 25 (c) that the facility [represents the minimum] minimizes to the extent 26 practicable any significant adverse environmental impact, considering 27 the state of available technology and the nature and economics of the 28 various alternatives, and other pertinent considerations including but 29 not limited to, the effect on agricultural lands, wetlands, parklands 30 and river corridors traversed; 31 (d) that the facility [represents a minimum] minimizes to the extent 32 practicable any significant adverse impact on active farming operations 33 that produce crops, livestock and livestock products, as defined in 34 section three hundred one of the agriculture and markets law, consider- 35 ing the state of available technology and the nature and economics of 36 various alternatives, and the ownership and easement rights of the 37 impacted property; 38 (h) with respect to any bulk transmission investment identified in the 39 state bulk transmission investment plan developed under the act that 40 added this subdivision for which the commission has found that expe- 41 ditious construction is necessary to meet the climate leadership and 42 community protection act targets and for which the power authority of 43 the state of New York alone or in collaboration with other parties is 44 the applicant; 45 § 23. Notwithstanding any other law to the contrary, including 46 sections 2879-a and 2897 of the public authorities law, the power 47 authority of the state of New York, the Long Island power authority and 48 the New York state energy research and development authority may each 49 negotiate and enter into agreements with other parties providing for the 50 conveyance of interests in real property provided that in the case of 51 any such conveyance such entity determines that the conveyance will 52 further the purposes of this act or provide other benefits to the entity 53 or the state. 54 § 24. The environmental conservation law is amended by adding a new 55 section 11-0535-c to read as follows: 56 § 11-0535-c. Endangered and threatened species mitigation bank fund.S. 7508--A 240 A. 9508--A 1 1. The department is hereby authorized to utilize funds in the endan- 2 gered and threatened species mitigation bank fund, established pursuant 3 to section ninety-nine-hh of the state finance law, for the purposes of 4 facilitating the achievement of a net conservation benefit to endangered 5 or threatened species which may be impacted by the construction or oper- 6 ation of a major renewable energy facility or other jurisdictional 7 activities reviewed by the department pursuant to this title. 8 2. Such fund shall consist of contributions, in an amount determined 9 by the department, deposited by an applicant granted a permit pursuant 10 to this title or otherwise given approval for projects which may have an 11 impact on endangered or threatened species, including a siting permit to 12 construct a major renewable energy facility, where such applicant has 13 been ordered to mitigate harm to a threatened or endangered species or 14 its habitat. 15 3. In administering the provisions of this article, the commissioner: 16 a. May, in the name of the state, enter into contracts with not-for- 17 profit corporations, private or public universities, and private 18 contractors for services contemplated by this title. Such contracts 19 shall be subject to approval by the state comptroller and, as to form, 20 by the attorney general. 21 b. Shall approve vouchers for payments pursuant to an approved 22 contract. All such payments shall be paid on the audit and warrant of 23 the state comptroller; 24 c. May, in the name of the state, enter into contracts with a not-for- 25 profit corporation to administer grants made pursuant to this title, 26 including the approval and payment of vouchers for approved contracts; 27 and 28 d. May perform such other and further acts as may be necessary, prop- 29 er, or desirable to carry out the provisions of this article. 30 4. Nothing in this article shall be construed to limit or restrict any 31 powers of the commissioner or any other agency pursuant to any other 32 provision of law. 33 5. The commissioner is authorized and directed to promulgate any regu- 34 lations deemed necessary to implement this section. 35 § 25. The state finance law is amended by adding a new section 99-hh 36 to read as follows: 37 § 99-hh. Endangered and threatened species mitigation bank fund. 1. 38 There is hereby established in the joint custody of the comptroller and 39 the commissioner of taxation and finance a special fund to be known as 40 the "Endangered and threatened species mitigation bank fund". 41 2. Such fund shall consist of all revenues received pursuant to the 42 provisions of section 11-0535-c of the environmental conservation law 43 and all other moneys appropriated, credited, or transferred thereto from 44 any other fund or source pursuant to law. 45 3. All moneys deposited in the endangered and threatened species miti- 46 gation bank fund shall be available for projects undertaken to facili- 47 tate a net conservation benefit to endangered and threatened species 48 potentially impacted by approvals provided by the department for activ- 49 ities, such as construction of a major renewable energy facility or by 50 any other proposed activities as determined by the department pursuant 51 to subdivision one of section 11-0535-c of the environmental conserva- 52 tion law. 53 4. Monies shall be payable from the fund on the audit and warrant of 54 the comptroller on vouchers approved and certified by the commissioner 55 of environmental conservation.S. 7508--A 241 A. 9508--A 1 § 26. Severability. If any clause, sentence, paragraph, section or 2 part of this act shall be adjudged by any court of competent jurisdic- 3 tion to be invalid, such judgment shall not affect, impair or invalidate 4 the remainder thereof, but shall be confined in its operation to the 5 clause, sentence, paragraph, section or part thereof directly involved 6 in the controversy in which such judgment shall have been rendered. 7 § 27. This act shall take effect immediately. 8 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 9 sion, section or part of this act shall be adjudged by any court of 10 competent jurisdiction to be invalid, such judgment shall not affect, 11 impair, or invalidate the remainder thereof, but shall be confined in 12 its operation to the clause, sentence, paragraph, subdivision, section 13 or part thereof directly involved in the controversy in which such judg- 14 ment shall have been rendered. It is hereby declared to be the intent of 15 the legislature that this act would have been enacted even if such 16 invalid provisions had not been included herein. 17 § 3. This act shall take effect immediately provided, however, that 18 the applicable effective date of Parts A through JJJ of this act shall 19 be as specifically set forth in the last section of such Parts.
