NY State Senate Bill 2015-S6408C

Senate Bill S6408C

Signed By Governor

2015-2016 Legislative Session

Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2016-2017 state fiscal year

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Archive: Last Bill Status Via A9008 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 12, 2016	signed chap.58
Apr 01, 2016	delivered to governor
Mar 31, 2016	returned to assembly passed senate 3rd reading cal.516 message of necessity - 3 day message substituted for s6408c
Mar 31, 2016	substituted by a9008c ordered to third reading cal.516
Mar 30, 2016	print number 6408c
Mar 30, 2016	amend (t) and recommit to finance
Mar 12, 2016	print number 6408b
Mar 12, 2016	amend (t) and recommit to finance
Feb 16, 2016	print number 6408a
Feb 16, 2016	amend (t) and recommit to finance
Jan 14, 2016	referred to finance

Votes

- Mar 31, 2016 - Floor Vote
  A9008
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 31, 2016
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
  Mar 31, 2016 - Finance Committee Vote
  S6408C
  
  30
  
  Aye
  
  0
  
  Nay
  
  7
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: Mar 31, 2016
      
      aye (30)
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Diaz
      
      Espaillat
      
      Farley
      
      Gallivan
      
      Golden
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Nozzolio
      
      O'Mara
      
      Parker
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Savino
      
      Seward
      
      Stavisky
      
      Valesky
      
      Young
      
      aye wr (7)
      
      Dilan
      
      Hassell-Thompson
      
      Krueger
      
      Montgomery
      
      Peralta
      
      Rivera
      
      Squadron

Bill Amendments

Original

C (Active)

2015-S6408 - Details

See Assembly Version of this Bill:: A9008
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2015-S6408 - Summary

Enacts into law major components of legislation necessary to implement the state transportation, economic development and environmental conservation budget for the 2016-2017 state fiscal year; intentionally omitted (Part A); intentionally omitted (Part B); intentionally omitted (Part C)

2015-S6408 - Sponsor Memo

                                 BILL NUMBER:  S6408

 TITLE OF BILL :

An act to amend public authorities law, in relation to committing the
state of New York and the city of New York to partially fund part of
the costs of the Metropolitan Transportation Authority's capital
program (Part A); to amend the public authorities law, in relation to
procurements by the New York City transit authority and the
metropolitan transportation authority; and to amend the insurance law,
in relation to extending owner controlled insurance programs in
certain instances (Part B); to amend the public authorities law and
the general municipal law, in relation to the New York transit
authority and the metropolitan transportation authority (Part C); to
amend the vehicle and traffic law and the state finance law, in
relation to the dedication of revenues and the costs of the department
of motor vehicles; 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 the effectiveness thereof; to repeal
subdivision 2 of section 89-g of the state finance law relating to
funds to be placed into the accident prevention course internet, and
other technology pilot program fund; and to repeal certain provisions
of the state finance law relating to the motorcycle safety fund (Part
D); to amend the vehicle and traffic law, in relation to farm vehicles
and covered farm vehicles and to expand the scope of the P endorsement

(Part E); to amend the New York state urban development corporation
act, in relation to extending certain provisions relating to the
empire state economic development fund (Part F); 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 the
effectiveness thereof (Part G); to establish the Transformational
Economic Development Infrastructure and Revitalization Projects act
(Part H); to authorize and direct the New York state energy research
and development authority to make a payment to the general fund of up
to $913,000 (Part I); to authorize the New York state energy research
and development authority to finance a portion of its research,
development and demonstration, policy and planning, and Fuel NY
programs, and to finance the department of environmental
conservation's climate change program, from an assessment on gas and
electric corporations (Part J); to authorize the department of health
to finance certain activities with revenues generated from an
assessment on cable television companies (Part K); to amend the public
service law, in relation to authorizing the department of public
service to increase program efficiencies (Part L); to amend chapter 21
of the laws of 2003, amending the executive law, relating to
permitting the secretary of state to provide special handling for all
documents filed or issued by the division of corporations and to
permit additional levels of such expedited service, in relation to
extending the expiration date thereof (Part M); to amend the business
corporation law, the cooperative 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 housing finance 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 N); to amend the general business
law, the tax law, and the alcoholic beverage control law, in relation
to authorized combative sports and to the costs of boxer medical
examinations; and to repeal chapter 912 of the laws of 1920, relating
to the regulation of boxing, sparring, and wrestling (Part O); 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 relative to the establishment of subsidiaries
for certain purposes in relation to the effectiveness thereof (Part
P); to amend the public authorities law, the canal law, the state
finance law, the public officers law, the transportation law, and the
parks, recreation and historic preservation law, in relation to
eliminating the canal corporation; and to repeal certain provisions of
the public authorities law and the public officers law relating
thereto (Part Q); to establish the private activity bond allocation
act of 2016; to amend the public authorities law in relation to the
powers, functions and duties of the New York state public authorities
control board; and to repeal the private activity bond allocation act
of 2014 (Part R); to amend the New York state urban development
corporation act, in relation to transferring the statutory authority
for the promulgation of marketing orders from the department of
agriculture and markets to the New York state urban development
corporation; to repeal certain provisions of the agriculture and
markets law relating to the marketing of agricultural products; and
providing for the repeal of such provisions upon expiration thereof
(Part S); to amend the environmental conservation law, in relation to
mandatory tire acceptance (Part T); to amend the state finance law, in
relation to creating a new climate change mitigation and adaptation
account in the environmental protection fund; to amend the
environmental conservation law, in relation to local waterfront
revitalization programs; and to amend the executive law, in relation
to payments for local waterfront revitalization programs (Part U); and
to amend the navigation law, in relation to the authorized
reimbursement rate paid to governmental entities (Part V)

 PURPOSE :

This bill contains provisions needed to implement the Transportation,
Economic Development and Environmental Conservation portions of the
2016-17 Executive Budget.

This memorandum describes Parts A through N the bill which are
described wholly within the parts listed below.

Part A - Commits the State of New York and the City of New York to
fund $10.828 billion of the MTA's 2015-2019 Capital Program

 PURPOSE :

This bill would establish the "Metropolitan Transportation Authority
(MTA) Capital Financing Act of 2016", and would commit the State of
New York and the City of New York to fund, over a multi-year period,
$10.828 billion in capital costs related to projects found in the
MTA's 2015-2019 Capital Program.

 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :

This bill would commit the State to fund $8.336 billion in capital
costs of the MTA Capital Program, including $1.0 billion of previously
enacted appropriations. It would also commit the City to fund $2.492
billion in capital costs of the MTA Program, including $657 million
from 2015-19. Finally, the bill would increase the MTA's bond cap so
the MTA may raise funds to provide for elements of its 2015-2019
Capital Plan.

 BUDGET IMPLICATIONS :

Enactment of this bill is necessary to implement the 2016-17 Executive
Budget because it provides the MTA with greater certainty regarding
the funding sources that are available to pay for its 2015-2019
Capital Plan.

 EFFECTIVE DATE :
This bill would take effect immediately, and shall be deemed to have
been in full force and effect on and after April 1, 2016.
Part B MTA procurement reforms to create savings for their 2015-19
Capital Plan
 PURPOSE :
This bill would create savings and speed procurements for the
Metropolitan Transportation Authority (MTA) for the 2015-19 capital
program.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
This bill would create MTA savings in the following ways:
*Removes newspaper advertising requirements for biddings;
*Expands the use of reverse auctions using electronic bidding;
*Re-establishes ability to dispose of assets by public auction;
*Raises competitive sealed bidding thresholds on purchase contracts
from $15K to $100K, and on public work contracts from $25K to $100K;
*Raises competitive bidding requirement for contracts under $400K with
small businesses, minority or women business enterprises, service
disabled veteran owned businesses, and for purchases of recycled
goods;
*Increases threshold for Board approval of service contracts from $20K
to $100K, and eliminates second-approval requirement;
*Expedites OSC contract reviews; and
*Expands owner-controlled insurance programs to bus facilities, and
bridge and tunnel projects
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget because it creates MTA savings of over $4 million annually,
thus helping to ensure that State assistance to the MTA is used as
efficiently as possible.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part C - Project delivery reforms which generate savings throughout
the MIA's 2015-19 Capital Plan period
 PURPOSE :
This bill would help the Metropolitan Transportation Authority (MTA)
to efficiently deliver the 2015-19 Capital Plan, and would save
taxpayer dollars, by giving the MTA new project delivery and financing
tools, flexibility to innovate, and methods to cut capital project
costs and maximize revenues.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
In its 2015 report, the MTA Transportation Reinvention Commission
provided several recommendations to make the MTA more efficient,
integrated, and accountable. The recommendations also identified ways
to maximize MTA revenues, and to expand the use of innovative project
delivery tools including design-build and public-private partnerships
for capital projects.
This bill would help the MTA achieve those goals in several ways:
*Utility relocation cost allocation - Requires public utilities to
perform and bear the cost of utility relocation work as they do for
other public construction projects;
*Innovative capital project delivery - Allows the MTA to enter into
public-private partnerships to design, build, finance, or operate
transportation projects, including acceptance of unsolicited
proposals;
*Value capture financing - Authorizes the MTA to cooperate with local
governments to capture the value of MTA improvements through special
assessments or tax-increment programs;
*Local government regulation - Limits local jurisdiction over MTA
facilities, including those facilities developed through joint
arrangements that generate MTA revenue;
*Land-banking for future use - Gives the MTA the flexibility to
acquire land in advance of future projects;
*Real property disposition - Allows for negotiated real property
transfers or exchanges needed to pursue projects;
*Streamlined environmental review - Expands the existing SEQRA
exemption for the acquisition or use of land located adjacent to
existing MTA facilities; and
*Maximize advertising revenue - Limits local government authority to
tax or interfere with revenue-generating MTA advertising.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget because it maximizes taxpayer value as the MTA utilizes the
$8.336 billion State contribution (32%) to the MTA's $26.1 billion
2015-2019 capital plan, with savings up to $375 million over the
course of the plan.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part D - Consolidates four existing Department of Motor Vehicles'
Special Revenue Funds within the Dedicated Highway and Bridge Trust
Fund (DHBTF)
 PURPOSE :
This bill consolidates the Department of Motor Vehicles (DMV) Seized
Assets Fund, Compulsory Insurance Fund, Internet Point Insurance
Reduction Program (IPIRP) Fund, and the Motorcycle Safety Fund into
the Dedicated Highway and Bridge Trust Fund (DHBTF) by redirecting the
revenues of those funds into the DHBTF with the intent of financing
the programs from DHBTF appropriations beginning in 2016-17.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
This bill would consolidate the activities subsidized by the DMV
Seized Assets Fund, Compulsory Insurance Fund, IPIRP Fund, and the
Motorcycle Safety Fund within the DHBTF, thereby reducing the number
of accounts and increasing programmatic flexibility. Revenues from
these funds would henceforth be deposited into the DHBTF, and would
therefore contribute to maintaining the DHBTF's debt service coverage
ratio.
This bill amends Sections 318, 410, 423, 503, and Article 12-c of
Vehicle and Traffic Law and Sections 89-b, 89-g, and 92-g of State
Finance Law by altering the disposition of revenues from the DMV
Seized Assets Fund, Compulsory Insurance Fund, IPIRP Fund, and the
Motorcycle Safety Fund to the DHBTF.
Additionally, the bill amends the May 31, 2019 sunset of IPIRP,
extending it to April 1, 2020 since the Motorcycle Safety Fund has
that same sunset.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget to reduce the number of funds, improve programmatic flexibility
and achieve an annual $5.5 million of General Fund savings.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part E - Bring New York State into compliance with federal regulations
regarding covered farm vehicles as well as requiring a P endorsement
to operate certain vehicles
 PURPOSE :
This bill would align New York State law with federal requirements
regarding the operation of certain vehicles.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
This bill would conform State law with the following federal
requirements:
*The Federal Motor Carrier Safety Administration (FMCSA) adopted a
final rule requiring a Covered Farm Vehicle (CFV) designation for any
vehicle operated by the owner of a ranch or farm, or such owner's
family or employees. The CFV designation would give farmers more
flexibility than they have today by allowing the operation of the
vehicle anywhere in the State or across State lines within 150 air
miles from the farm.
*The FMCSA issued a notice of regulatory guidance requiring a P
endorsement to operate any motor vehicle with a gross vehicle weight
or gross vehicle weight rating of more than 26,000 pounds that is
designed to transport passengers in commerce. Under current law, only
the operator of a bus must obtain a P endorsement on his or her
commercial driver's license (CDL). This bill would capture all
vehicles over 26,000 pounds that transport passengers (i.e. custom
motor coaches).
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget. Failure to do so would result in the risk of losing up to $65
million in federal highway funding as well as $13.5 million in Motor
Carrier Safety Assistance Program funding.
 EFFECTIVE DATE :
The bill would take effect 90 days upon enactment.
Part F - Extend the authorization of the New York State Urban
Development Corporation to administer the Empire State Economic
Development Fund
 PURPOSE :
This bill would extend the authorization of the New York State Urban
Development Corporation (UDC) to administer the Empire State Economic
Development Fund (EDF) for an additional year.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
Section 16-m of the UDC Act authorizes UDC to provide financial
assistance through the EDF. This authorization has been renewed
annually since 2012 and is currently set to expire on July 1, 2016.
The bill would provide for the smooth administration of the EDF, UDC's
primary economic development program. Extending the sunset date until
July 1, 2017 will permit UDC to fulfill prior commitments made through
the EDF and to make new assistance available to businesses and other
stakeholders throughout the State without interruption.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget, which includes new appropriations and reappropriations to
support the EDF.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part G - Extend the general loan powers of the New York State Urban
Development Corporation
 PURPOSE :
This bill would extend the general loan powers of the New York State
Urban Development Corporation (UDC) for an additional year.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
Chapter 393 of the Laws of 1994 provides UDC with the general power to
make loans. This authorization has been renewed annually since 1997
and is currently set to expire on July 1, 2016.
Absent enactment of this bill, UDC will be authorized to make loans
only in connection with certain State-funded economic development
programs that grant statutory loan authorization.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget, which assumes that UDC will provide certain economic
development assistance through loans. Absent this legislation, the UDC
could not fund approved loans made through economic programs lacking
specific statutory authorization.
 EFFECTIVE DATE :
This bill would take effect April 1, 2016.
Part H - This bill would establish the Transformational Economic
Development Infrastructure and Revitalization Projects Act
 PURPOSE :
This bill would establish the Transformational Economic Development
Infrastructure and Revitalization Projects Act (Act). The Act would
establish design build authority with the Empire State Development
Corporation (ESDC), the New York Convention Center Development
Corporation (NYCCDC), and their subsidiaries related to the Jacob V.
Javits Convention Center, the Empire State Station Complex, the James
A. Farley Building Replacement, and the Pennsylvania Station New York
Redevelopment projects.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
The Act would amend unconsolidated law by establishing design build
authority with ESDC and NYCCDC related to the Jacob V. Javits
Convention Center, the Empire State Station Complex, the James A.
Farley Building Replacement, and the Pennsylvania Station New York
Redevelopment projects.
With this authority, ESDC and NYCCDC would be able to award design and
construction contracts to a single entity. This would reduce the time
and expense necessary for completing these projects.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget because the Act would allow design and construction contracts
to be awarded to a single entity for a project to optimize cost,
quality, and efficiency.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part I - Authorize and direct the Comptroller to receive for deposit
to the credit of the General Fund a payment of up to $913,000 from the
New York State Energy Research and Development Authority
 PURPOSE :
This bill would authorize and direct the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from the New York State Energy Research and Development Authority
(NYSERDA).
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
This bill would authorize and direct the Comptroller to receive for
deposit to the credit of the General Fund a payment of up to $913,000
from NYSERDA from unrestricted corporate funds. The $913,000 transfer
would help offset New York State's debt service requirements related
to the Western New York Nuclear Service Center (West Valley). Chapter
58 of the Laws of 2015 provided a similar one-year authorization.
 BUDGET IMPLICATIONS :
The $913,000 transfer authorized by this legislation is necessary to
implement the 2016-17 Executive Budget and State Financial Plan.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part J - Authorize the New York State Energy Research and Development
Authority to finance a portion of its research, development and
demonstration, policy and planning, and Fuel NY programs and to
finance the Department of Environmental Conservation's climate change
program, from an assessment on gas and electric corporations
 PURPOSE :
This bill would authorize the New York State Energy Research and
Development Authority (NYSERDA) to obtain revenue for certain programs
from a special assessment on gas and electric corporations.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
The bill would authorize NYSERDA to finance its research, development
and demonstration, policy and planning, and Fuel NY programs, and to
finance the Department of Environmental Conservation's (DEC) climate
change program, from a special assessment on gas and electric
corporations. This special assessment is in addition to the special
assessment under Section 18-a of the Public Service Law which
authorizes the Department of Public Service to assess gas and electric
corporations for expenses related to administering Public Service Law
programs. A similar bill has been proposed annually as an Article VII
provision, and was last enacted as Part P of Chapter 58 of the Laws of
2015. Without this authorization, NYSERDA and DEC could not continue
to implement necessary programs in the 2016-17 State Fiscal Year.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget because it would authorize collection of an amount not to
exceed $19.7 million in assessments to fund NYSERDA's research,
development and demonstration, and policy and planning, and DEC's
climate change program.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part K - Authorize the Department of Health to finance certain
activities with revenues generated from an assessment on cable
television companies
 PURPOSE :
This bill would authorize the Department of Health (DOH) to finance
public service education activities with revenues generated from an
assessment on cable television companies.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
The bill would authorize certain expenditures of DOH as eligible
expenses of the Department of Public Service (DPS). Section 217 of the
Public Service Law authorizes DPS to assess cable television companies
for DPS costs associated with the regulation of cable television
companies. This annual Article VII bill would make DOH public service
education expenses that are charged to the special revenue cable
television account eligible for these funds. Chapter 58 of the Laws of
2015 provided similar authorization for State Fiscal Year 2015-16.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget which presumes the recovery of public service education
expenses incurred by DOH.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part L - Reduce the administrative burden associated with the Public
Service Commission's review of municipal and investor owned utility
rate requests
 PURPOSE :
This bill would authorize the Public Service Commission (PSC) to
reduce overall workload and more effectively utilize agency resources
by streamlining the review and approval process of electric service
rates imposed by municipally owned gas and electric utilities, and
extending the length of time the PSC has to approve utility sought
rate increases from eleven to fifteen months.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
This bill would streamline the review and approval process for the
State's 40 municipally owned gas and electric utilities by exempting
them from the mandatory evidentiary hearing currently required for
municipal rate cases. The opportunity to comment, provide written
testimony, and have a written PSC order would still remain part of the
Department of Public Service (DPS) staff investigation. The avoidance
of the mandatory evidentiary hearing would also reduce expenses for
municipal utilities and, ultimately, their ratepayers.  The PSC would
still maintain the authority to open a full review if one is believed
to be in the public's best interest.
This bill would also extend the length of time the PSC has to approve
utility sought rate increases, from eleven to fifteen months. This
extension would help to reduce overall workload and allow for longer,
more comprehensive reviews of highly technical and complex rate cases
by department staff.
The authorization of this bill would reduce costly administrative
burdens borne by municipal utilities, while also providing for reduced
spending and increased efficiencies within the DPS and the PSC.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget because the State Financial Plan assumes $1.2 million in
savings resulting from the efficiencies contained in this bill.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part M - Extend for one year the authority of the Secretary of State
to charge increased fees for expedited handling of documents
 PURPOSE :
This bill would extend for one year provisions of law permitting the
Secretary of State to charge increased fees for the expedited handling
of documents issued by or requested from the Department's Division of
Corporations. The increased fees for expedited handling are necessary
to reimburse the Department of State for increased administrative
costs associated with expedited handling.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
The Executive Law currently authorizing the Secretary of State to
charge increased fees for expedited handling expires on March 31,
2016. Historically, this statute has been extended annually to
coincide with the enactment of the Budget.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget. The 2016-17 Executive Budget assumes that expedited handling
fees will be enacted since the costs associated with expedited
handling are greater than traditional requests. Failure to enact this
legislation will result in annual revenue losses of approximately $4.5
million, forcing the Department to bear the additional costs related
to expedited services without supporting revenues.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part N - Places responsibility for mailing a copy of service of
process with plaintiffs rather than the Department of State (DOS)
 PURPOSE :
Under existing law, persons or entities suing corporations may serve
the attendant legal papers upon the Secretary of State as the agent
for the defendant corporate entity. The Secretary must then mail
copies of such process documents to the defendant entity. This bill
would require that plaintiffs serve these papers on the Secretary and
the defendant entity at the same time.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
Requiring the plaintiff to serve copies of process documents on the
defendant entity directly, rather than going through the Department of
State, removes an unnecessary administrative burden on the Department.
 BUDGET IMPLICATIONS
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget as the State Financial Plan assumes $600,000 in recurring
savings resulting from no longer mailing paper copies of process to
defendants.
 EFFECTIVE DATE :
This bill would take effect 120 days following enactment.
Part O - This bill would create a statutory model by which combative
sports would be licensed and regulated by the State
 PURPOSE :
This bill would authorize the New York State Athletic Commission
(NYSAC) to regulate professional mixed martial arts (MMA) in a manner
similar to how NYSAC regulates professional boxing, wrestling and
sparring.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
MMA, a full-contact sport in which competitors draw on techniques from
various martial arts disciplines, has become extremely popular in the
last decade. The fights take place in a ring, much like boxing or
wrestling. Although all other states permit professional MMA events,
they are banned by New York State law.
NYSAC currently regulates professional boxing and wrestling. This bill
would allow NYSAC to authorize, license and regulate professional MMA
in order to protect the health and safety of participants and
spectators. MMA would be governed much like boxing, including
licensing, permitting, physical examination requirements for
participants, and standards for event and training facilities.
The growth of MMA has resulted in the conduct of unregulated "amateur"
MMA events in the State, attracting many fans and fighters. These
unregulated events create unnecessary risks to both MMA participants
and event attendees. Establishing MMA as a NYSAC regulated sport will
end this practice and make MMA events safer for all involved.
Considering the popularity of MMA, it is likely New York venues would
attract major MMA events.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget. It is estimated that this bill would result in approximately
$1 million in additional revenue from license fees and gross receipts
taxes on the sale of tickets and broadcast rights.
 EFFECTIVE DATE :
This bill would take effect on the first day of the first month next
succeeding the one hundred twentieth day after enactment; provided,
however, that the addition, amendment and/or repeal of any rule or
regulation of the State Athletic Commission is authorized to be made
on or before the effective date.
Part P - Extend the authorization of the Dormitory Authority of the
State of New York to form subsidiaries
 PURPOSE :
This bill would extend for an additional two years the authorization
of the Dormitory Authority of the State of New York (DASNY) to create
subsidiaries to take title to the property of borrowers regulated
under Public Health Law Article 28, who have defaulted on loan
agreements or mortgages with DASNY.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
Chapter 584 of the laws of 2011 authorizes DASNY to create
subsidiaries to take title to the property of borrowers regulated
under Public Health Law Article 28, who have defaulted on loan
agreements or mortgages with DASNY. This authorization has been
renewed twice since 2011 and is currently set to expire on July 1,
2016.
Absent enactment of this bill, DASNY would open itself up to
unnecessary risk when attempting to pursue remedies against a hospital
that has defaulted on a DASNY loan or mortgage. By forming a
subsidiary to take title to the property of the defaulted borrower,
DASNY limits its exposure to potential liability including for
injuries occurring because of the condition of the property.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget, which assumes that DASNY will continue to be a financing
vehicle for not-for-profit hospitals and health care facilities across
the State.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part Q - Authorize the transfer of the New York State Canal
Corporation to the New York Power Authority
 PURPOSE :
This bill would authorize the transfer of the New York State Canal
Corporation (Canal Corp.) from the New York State Thruway Authority
(NYSTA) to the New York Power Authority (NYPA).
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
This bill would amend the Public Authorities Law, the Canal Law and
the State Finance Law in order to effectuate the transfer of the Canal
Corp. from NYSTA to NYPA.
The bill would amend the New York State Thruway Act (Act) in order to
repeal sections 382 and 383 of the Act relating to the Canal Corp.
and the ability of the Canal Corp. to finance certain projects, and
would remove references to the Canal Corp as a subsidiary of NYSTA.
The bill would also amend the Act to require that NYSTA reimburse the
State for expenses related to Division of State Police's enforcement
activity on the Thruway, and make NYSTA a public authority eligible to
receive an annual State governmental cost recovery assessment.
The bill would amend the Canal Law to transfer the powers and duties
relating to the canal, the canal lands, the canal system, and all
State assets, equipment, and property owned or used in connection with
the canal system, from NYSTA to NYPA. The bill would also amend Canal
Law to require that all rules, regulations, executed contracts, and
other business continue to remain in effect after the transfer of the
Canal Corp.
The bill would further amend the Power Authority Act to establish the
Canal Corp. as a subsidiary of NYPA. As a result, NYPA's trustees
would become the Canal Corp. trustees, and management and
administration of the Canal Corp. would become an additional corporate
purpose of NYPA. The bill would also amend the State Finance Law to
authorize NYPA to make payments from the New York State Canal System
Development Fund on behalf of the Canal Corp.
This bill would also provide NYSTA, the Canal Corp., and NYPA with
indemnification from the State for liabilities occurring prior to
August 3, 1992. It would also provide the Canal Corp. and NYPA with
indemnification from NYSTA for liabilities occurring after August 3,
1992 until the effective transfer of the Canal Corp.
Finally, this bill would authorize NYPA, pursuant to an agreement
between NYPA and NYSTA effective April 1, 2016, to reimburse NYSTA for
any and all operating and capital costs expended by NYSTA related to
the operation of the canal system for the time period of April 1, 2016
to January 1, 2017.
This transfer would enable the canal system to benefit from NYPA's
experience in managing our State's water assets while ensuring the
continued efficient operation of the canal system. NYPA operates
hydro-electric plants throughout the State, including three small
hydro plants located within the canal system. NYPA and the Canal
Corporation already share services on the canal system, and this
transfer would only strengthen this partnership.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget and will ensure the continued efficient operation of the canal
system.
 EFFECTIVE DATE :
This act would take effect on January 1, 2017; provided, however, that
sections 5 and 28 of this act shall take effect immediately.
Part R - Enact the Private Activity Bond Allocation Act of 2016, to
extend authorization for the issuance of tax exempt bonds for eligible
purposes
 PURPOSE :
This bill would enact the "Private Activity Bond Allocation Act of
2106" to extend provisions related to the allocation of tax exempt
private activity bonding authority to state and local issuers, and
would add a new provision requiring that any private activity bonds
issued utilizing the local agency set-aside reserved for local issuers
receive approval from the Public Authorities Control Board (PACB).
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
This bill would permanently extend provisions related to the State's
process for allocating tax exempt private activity bonding authority,
known as the "Private Activity Bond Cap." The bill would continue
existing provisions related to the allocation formula for the
distribution of private activity bonds, as follows: one-third would be
available to State agencies, one-third would be available to local
agencies (principally, industrial development agencies, or IDAs) and
one-third would be available through a statewide bond reserve for use
by both state agencies and IDAs. The bill would also continue
provisions related to future allocations of private activity bond cap
for certain multi-year housing development projects, the annual year
end recapture of unused bond cap, and procedures for carryforward
election of bond cap. Additionally, the bill would include a new
provision requiring PACB approval prior to the financing or bond
issuance from any portion of the local agency set-aside by any local
issuer.
Finally, this bill would repeal chapter 49 of the laws of 2014 which
provides the current authorization for the allocation of private
activity bond cap and is set to expire on July 1, 2016.
Private activity bonds can be used to finance a wide range of
qualified purposes, including economic development, multifamily
housing, student loans, and mortgages. Providing tax-exempt financing
to eligible private issuers reduces borrowing costs and thereby
enhances local and State economic development efforts. Private
activity bonds are predominantly used in New York State to finance
construction of multifamily housing projects. The extension of these
provisions related to the State's private activity cap allocation
process will continue the orderly flow of bonds for the development
and preservation of affordable housing and other economic activity in
New York State. Authorization of this bill would also allow for
enhanced oversight and input into the award and geographic
disbursement of private activity bond cap to local projects.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 budget.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part S - Enhance the marketing of New York farm products by
authorizing the Empire State Development Corporation, in cooperation
with the Department of Agriculture and Markets, to administer
agricultural and dairy marketing orders
 PURPOSE :
This bill would transfer the statutory authorization for agricultural
and dairy product marketing orders, which are currently administered
by the Department of Agriculture and Markets (DAM), to the Empire
State Development Corporation (ESD).
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
This bill would transfer the statutory authorization for agricultural
and dairy product marketing orders currently administered by DAM under
Article 21-AA and Article 25 of the Agriculture and Markets Law to
ESD. This transfer would enable ESD to provide marketing and branding
support to the State's existing marketing orders: Dairy Promotion,
Western NY Milk, Apple, Apple Research, Cabbage Research, Sour Cherry,
and Onion Research.
Marketing orders permit industry groups to impose an assessment on
certain products, and use the funds for marketing programs that are
deemed important to each group. Through this new program structure,
future assessments would be directed to ESD, which in consultation
with DAM, would administer the market orders.
To ensure program continuity, the bill would authorize DAM to provide
assistance to ESD with the administrative components of the marketing
orders. DAM would retain the existing powers of the marketing order
advisory boards, which include recommending rules, regulations,
amendments to the market orders, and methods for assessing producers.
ESD has substantial experience administering marketing and branding
programs, including the successful "New York Open for Business" and "I
Love NY" campaigns. This bill would enable the State's agricultural
associations directly involved with the market orders to utilize ESD's
expertise in order to increase awareness and promotion of the State's
agricultural products.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-17 Executive
Budget because the State Financial Plan assumes $12.3 million in
savings resulting from the transfer of these marketing
responsibilities to ESD.
 EFFECTIVE DATE :
This bill would take effect 90 days after enactment.
Part T - Eliminate the sunset applicable to the waste tire management
and recycling fee
 PURPOSE :
This bill would eliminate the sunset applicable to the waste tire
management and recycling fee.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
Eliminating the December 31, 2016 sunset would ensure that adequate
monies continue to be available to DEC for the regulation of waste
tire storage facilities and abatement of noncompliant waste tire
stockpiles, and to administer and enforce other provisions of
Environmental Conservation Law in relation to the collection,
treatment, disposal, and management of solid and hazardous wastes.
Section 1 of the bill would remove the December 31, 2016 sunset
related to waste tire services accepting waste tires from consumers
and posting appropriate written notice.
Section 2 would make permanent (i) the $2.50 fee which is to be
collected on each new tire sold, (ii) the requirement that the tire
service collect the fee and remit it to the Department of Taxation and
Finance (DTF), (iii) the requirement that each tire service make a
return to DTF on a quarterly basis, and (iv) the provisions
authorizing additional waste tire management and recycling costs of
the tire service.
Section 3 provides that the bill would take effect immediately.
Environmental Conservation Law Article 27, Title 19, enacted in 2003,
sets forth New York State's priorities for the management of waste
tires, establishes the $2.50 fee charged on each new tire sold, and
enumerates the purposes of the fund to be used to abate noncompliant
waste tire stockpiles. The requirement to collect the Fee and remit it
to DTF sunsets on December 31, 2016.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-2017
Executive Budget in order to continue revenue that is used to support
DEC's Solid Waste program staff.
 EFFECTIVE DATE :
This bill takes effect immediately.
Part U - Create a new climate change mitigation and adaptation account
and make changes to the Local Waterfront Revitalization Program in
support of a $300 million Environmental Protection Fund
 PURPOSE :
This bill would establish a climate change mitigation and adaptation
account within the Environmental Protection Fund (EPF) and would make
statutory changes related to the local waterfront revitalization
program to allow for increased State assistance payments under certain
circumstances. The Executive Budget would then include appropriations
funding the EPF, including the new account, in the amount of $300
million.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
This bill would establish a new climate change mitigation and
adaptation account within the EPF, to authorize programs that reduce
greenhouse gasses, facilitate climate change adaptation, and
strengthen resiliency. The bill would also make changes to the local
waterfront revitalization program by allowing State assistance
payments and technical assistance of up to 90 percent of total costs
for municipalities subject to certain financial hardships or for
planning projects to mitigate future physical climate risks.
The Executive Budget includes appropriations of $300 million for the
EPF, the highest level of funding in the program's history and an
increase of $123 million from the 201617 budget. As a part of this
historic increase, the EPF, for the first time, will include funding
for critical adaptive infrastructure, greenhouse gas management, and
resiliency planning and mitigation programs. The changes contained in
this bill would provide the necessary statutory authorization for
these critical initiatives to receive funding from the EPF.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-2017
Executive Budget in support of a $300 million EPF.
 EFFECTIVE DATE :
This bill would take effect immediately.
Part V - Reduce the authorized reimbursement rate paid to governmental
entities that voluntarily enforce the provisions of the navigation law
 PURPOSE :
This bill would reduce the authorized reimbursement rate paid to
governmental entities that voluntarily enforce the navigation law from
50 percent to 25 percent.
 SUMMARY OF PROVISIONS AND STATEMENT IN SUPPORT :
The bill would amend Subdivision 3 of Section 79-b of the Navigation
Law to reduce the authorized reimbursement rate paid to governmental
entities that voluntarily enforce the provisions of the navigation law
from 50 percent to 25 percent.
 BUDGET IMPLICATIONS :
Enactment of this bill is necessary to implement the 2016-2017
Executive Budget in order to achieve Financial Plan savings.
 EFFECTIVE DATE :
This bill takes effect immediately and shall be deemed to have been in
full force and effect on and after April 1, 2016.
The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

2015-S6408 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6408                                                  A. 9008

                      S E N A T E - A S S E M B L Y

                            January 14, 2016
                               ___________

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

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

AN  ACT  to  amend public authorities law, in relation to committing the
  state of New York and the city of New York to partially fund  part  of
  the  costs  of  the  Metropolitan  Transportation  Authority's capital
  program (Part A); to amend the public authorities law, in relation  to
  procurements  by the New York City transit authority and the metropol-
  itan transportation authority; and to  amend  the  insurance  law,  in
  relation  to  extending owner controlled insurance programs in certain
  instances (Part B); to amend the public authorities law and the gener-
  al municipal law, in relation to the New York  transit  authority  and
  the metropolitan transportation authority (Part C); to amend the vehi-
  cle  and  traffic  law  and  the state finance law, in relation to the
  dedication of revenues and the costs of the department of motor  vehi-
  cles;  to amend chapter 751 of the laws of 2005 amending the insurance
  law and the vehicle and traffic law relating to establishing the acci-
  dent prevention course internet technology pilot program, in  relation
  to  the effectiveness thereof; to repeal subdivision 2 of section 89-g
  of the state finance law relating to funds to be placed into the acci-
  dent prevention course internet, and other  technology  pilot  program
  fund; and to repeal certain provisions of the state finance law relat-
  ing  to  the motorcycle safety fund (Part D); to amend the vehicle and
  traffic law, in relation to farm vehicles and  covered  farm  vehicles
  and  to  expand  the scope of the P endorsement (Part E); to amend the
  New York state urban  development  corporation  act,  in  relation  to
  extending  certain  provisions  relating  to the empire state economic
  development fund (Part F); to amend chapter 393 of the laws  of  1994,
  amending  the New York state urban development corporation act, relat-
  ing to the powers of the New York state urban development  corporation
  to  make  loans, in relation to the effectiveness thereof (Part G); to
  establish the Transformational Economic Development Infrastructure and
  Revitalization Projects act (Part H); to authorize and direct the  New

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD12673-01-6

S. 6408                             2                            A. 9008

  York state energy research and development authority to make a payment
  to  the  general fund of up to $913,000 (Part I); to authorize the New
  York state energy research and  development  authority  to  finance  a
  portion  of  its  research,  development and demonstration, policy and
  planning, and Fuel NY programs, and to finance the department of envi-
  ronmental conservation's climate change program, from an assessment on
  gas and electric corporations (Part J); to authorize the department of
  health to finance certain activities with revenues generated  from  an
  assessment on cable television companies (Part K); to amend the public
  service  law,  in  relation  to  authorizing  the department of public
  service to increase program efficiencies (Part L); to amend chapter 21
  of the laws of 2003, amending the executive law, relating  to  permit-
  ting  the secretary of state to provide special handling for all docu-
  ments filed or issued by the division of corporations  and  to  permit
  additional  levels of such expedited service, in relation to extending
  the expiration date thereof (Part M); to  amend  the  business  corpo-
  ration  law,  the cooperative 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 part-
  nership law, the private housing finance 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 N); to amend the general  business
  law,  the tax law, and the alcoholic beverage control law, in relation
  to authorized combative sports and to the costs of boxer medical exam-
  inations; and to repeal chapter 912 of the laws of 1920,  relating  to
  the  regulation  of boxing, sparring, and wrestling (Part O); 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 relative to the establishment  of  subsidiaries  for
  certain purposes in relation to the effectiveness thereof (Part P); to
  amend  the  public  authorities  law, the canal law, the state finance
  law, the public officers law, the transportation law, and  the  parks,
  recreation  and  historic preservation law, in relation to eliminating
  the canal corporation; and to repeal certain provisions of the  public
  authorities law and the public officers law relating thereto (Part Q);
  to  establish  the  private  activity  bond allocation act of 2016; to
  amend the public authorities law in relation to the powers,  functions
  and duties of the New York state public authorities control board; and
  to  repeal  the private activity bond allocation act of 2014 (Part R);
  to amend the New York state  urban  development  corporation  act,  in
  relation  to transferring the statutory authority for the promulgation
  of marketing orders from the department of agriculture and markets  to
  the  New  York  state urban development corporation; to repeal certain
  provisions of the agriculture and markets law relating to the  market-
  ing  of  agricultural  products;  and providing for the repeal of such
  provisions upon expiration thereof (Part S);  to  amend  the  environ-
  mental  conservation  law,  in  relation  to mandatory tire acceptance
  (Part T); to amend the state finance law, in relation  to  creating  a
  new  climate  change mitigation and adaptation account in the environ-
  mental protection fund; to amend the environmental  conservation  law,
  in  relation to local waterfront revitalization programs; and to amend
  the executive law, in relation to payments for local waterfront  revi-
  talization  programs  (Part  U);  and  to amend the navigation law, in

S. 6408                             3                            A. 9008

  relation to the authorized reimbursement  rate  paid  to  governmental
  entities (Part V)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through V. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. This act shall be known as the "Metropolitan Transportation
Authority (MTA) Capital Financing Act of 2016".  This  act  commits  the
state  of New York (state) and the city of New York (city) to fund, over
a  multi-year  period,  $10,828,000,000  in  capital  costs  related  to
projects  contained  in  the  MTA's  2015-2019  capital program (capital
program).  The  state  share  of   $8,336,000,000   shall   consist   of
$1,000,000,000  in  appropriations  first enacted in the 2015-2016 state
budget and additional funds sufficient for MTA to pay $7,336,000,000  of
capital costs as provided herein. The city share of $2,492,000,000 shall
consist  of  $657,000,000  to  be provided by the city from 2015 through
2019, and additional funds sufficient for MTA to pay  $1,835,000,000  of
capital  costs for the capital program. The $7,336,000,000 of additional
funds to be provided by the state may be used by the MTA to  pay  direct
capital  costs  and/or the state may fund such $7,336,000,000 of capital
costs through financing mechanisms undertaken by the MTA.
  S 2.   (a) The additional funds provided  by  the  state  pursuant  to
section one of this act shall be scheduled and made available to pay for
the costs of the capital program after MTA capital resources planned for
the capital program, not including additional city and state funds, have
been  exhausted,  or  when MTA capital resources planned for the capital
program are not available. It is anticipated that state funds  shall  be
required  by,  and  provided  to,  the  MTA  in  an  amount  to  support
$1,500,000,000 of capital costs in the first year in which  planned  MTA
capital  resources  are  exhausted;  $2,600,000,000  in the second year;
$1,840,000,000 in the third year and $1,396,000,000 in the  fourth  year
or thereafter.
  (b) Such funds may be provided to the MTA through direct payments from
the  state  and/or  financing mechanisms undertaken by the MTA utilizing
aid paid by the state on a schedule sufficient to  support  the  capital
costs outlined in this act.  The director of the budget (director) shall
annually  determine  the  level  of funding required to meet the state's
commitment and recommend such amounts for  inclusion  in  the  executive
budget.  In  making  such determination, the director shall consider the
availability of MTA capital resources planned for the  capital  program,
the  current progress and timing of the MTA capital program, the financ-

S. 6408                             4                            A. 9008

ing mechanisms employed by the MTA, if  any,  and  any  other  pertinent
factors.
  (c) State funding amounts, whether direct or in support of a financing
mechanism undertaken by the MTA, shall be subject to appropriation with-
in applicable annual state budgets; provided, however, that in the event
the  state  does not appropriate the full amount of the funding required
pursuant to this act in any year,  such  action  shall  not  reduce  the
commitment  of  the  state  to  fund  the  full state share specified in
section one of this act, with the state fulfilling its aggregate commit-
ment in this act no later than state fiscal year  2025-2026  or  by  the
completion  of  the  capital  program.  In  the  event  that the MTA has
exhausted all currently available sources of funding, the MTA may,  with
the  approval  of  the director, issue anticipation notes or other obli-
gations secured solely by the additional funds specified in  subdivision
(a) of this section and shall provide for capitalized interest thereon.
  S 3. In order to annually determine the adequacy and pace of the level
of  state  funding in support of the MTA's capital program, and to gauge
the availability of  MTA  capital  resources  planned  for  the  capital
program,  the  director may request, and the MTA shall provide, periodic
reports on the MTA's capital programs and financial activities in a form
and on a schedule prescribed by the director.
  S 4. Subdivision 12 of section 1269 of the public authorities law,  as
amended  by  section  1  of part E of chapter 58 of the laws of 2012, is
amended to read as follows:
  12. The aggregate principal amount of  bonds,  notes  or  other  obli-
gations  issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel  authority  and
the  New York city transit authority to fund projects contained in capi-
tal program plans approved pursuant to  section  twelve  hundred  sixty-
nine-b  of this title for the period nineteen hundred ninety-two through
two thousand [fourteen] NINETEEN shall not exceed [thirty-seven]  FIFTY-
FIVE  billion  [two  hundred  eleven]  FOUR HUNDRED NINETY-SEVEN million
dollars [prior to January one, two thousand thirteen; shall  not  exceed
thirty-nine  billion  five  hundred  forty-four million prior to January
one, two thousand fourteen; and shall not exceed forty-one billion eight
hundred seventy-seven million dollars thereafter].  Such aggregate prin-
cipal amount of bonds, notes or other  obligations  or  the  expenditure
thereof  shall  not  be subject to any limitation contained in any other
provision of law on the principal amount of bonds, notes or other  obli-
gations  or  the  expenditure  thereof  applicable to the authority, the
Triborough bridge and tunnel authority or  the  New  York  city  transit
authority.  The  aggregate  limitation  established  by this subdivision
shall not include (i) obligations issued to refund, redeem or  otherwise
repay,  including  by purchase or tender, obligations theretofore issued
either by the issuer of such refunding obligations or by the  authority,
the  New York city transit authority or the Triborough bridge and tunnel
authority, (ii) obligations issued to fund any  debt  service  or  other
reserve funds for such obligations, (iii) obligations issued or incurred
to  fund  the  costs  of issuance, the payment of amounts required under
bond and note facilities, federal or other governmental loans,  security
or  credit  arrangements  or  other  agreements  related thereto and the
payment of other financing, ORIGINAL ISSUE PREMIUMS  and  related  costs
associated  with  such obligations, (iv) an amount equal to any original
issue discount from the principal amount of such obligations or to  fund
capitalized  interest,  (v)  obligations  incurred  pursuant  to section
twelve hundred seven-m of this article,  (vi)  obligations  incurred  to

S. 6408                             5                            A. 9008

fund  the  acquisition  of  certain  buses for the New York city transit
authority as identified in a capital program plan approved  pursuant  to
chapter  fifty-three  of  the laws of nineteen hundred ninety-two, (vii)
obligations  incurred  in connection with the leasing, selling or trans-
ferring of equipment, and (viii) bond anticipation notes or other  obli-
gations  payable solely from the proceeds of other bonds, notes or other
obligations which would be included in the  aggregate  principal  amount
specified  in  the  first  sentence  of this subdivision, whether or not
additionally secured by revenues of the authority, or any of its subsid-
iary corporations, New York  city  transit  authority,  or  any  of  its
subsidiary corporations, or Triborough bridge and tunnel authority.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART B

  Section 1. Subdivision 7 of section 1209  of  the  public  authorities
law,  as  amended by chapter 334 of the laws of 2001, is amended to read
as follows:
  7. (a) Except as otherwise provided  in  this  section,  all  purchase
contracts  for  supplies,  materials or equipment involving an estimated
expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and  all
contracts  for  public work involving an estimated expenditure in excess
of [twenty-five] ONE HUNDRED thousand dollars shall be  awarded  by  the
authority  to  the lowest responsible bidder after obtaining sealed bids
in the manner hereinafter set forth. The aforesaid shall  not  apply  to
contracts for personal, architectural, engineering or other professional
services.  The  authority may reject all bids and obtain new bids in the
manner provided by this section when it is deemed in the public interest
to do so or, in cases where two or more responsible bidders submit iden-
tical bids which are the lowest bids, award the contract to any of  such
bidders or obtain new bids from such bidders. Nothing herein shall obli-
gate the authority to seek new bids after the rejection of bids or after
cancellation  of  an  invitation  to  bid. Nothing in this section shall
prohibit the evaluation of bids on the basis of costs or savings includ-
ing life cycle costs  of  the  item  to  be  purchased,  discounts,  and
inspection  services  so  long  as the invitation to bid reasonably sets
forth the criteria to be used in evaluating such costs or savings.  Life
cycle  costs  may  include  but shall not be limited to costs or savings
associated with installation, energy  use,  maintenance,  operation  and
salvage or disposal.
  (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of  any  kind,
in  the  actual or estimated amount of fifteen thousand dollars or more,
provided that (I) a contract for [personal] services in  the  actual  or
estimated  amount  of  less  than  [twenty] ONE HUNDRED thousand dollars
shall not require approval by the board of the authority  regardless  of
the  length  of  the  period  over  which the services are rendered, and
provided further that a contract for [personal] services in  the  actual
or  estimated  amount  of  [twenty] ONE HUNDRED thousand dollars or more
shall require approval by the board of the authority regardless  of  the
length  of the period over which the services are rendered UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST  RESPONSIBLE  BIDDER  AFTER  OBTAINING
SEALED  BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT
GUIDELINES THAT AUTHORIZE THE  AWARD  OF  CONTRACTS  TO  SMALL  BUSINESS
CONCERNS,  TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU-

S. 6408                             6                            A. 9008

ANT TO  ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW,  OR  MINORITY  OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS  WITHOUT  A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD
APPROVAL.
  S 2. Paragraph (a) of subdivision 8 of  section  1209  of  the  public
authorities  law,  as  amended  by  chapter  725 of the laws of 1993, is
amended to read as follows:
  (a) Advertisement for bids, when required by this  section,  shall  be
published  [at  least  once in a newspaper of general circulation in the
area served by the authority and] in the procurement opportunities news-
letter published pursuant to article four-C of the economic  development
law  provided  that, notwithstanding the provisions of article four-C of
the economic development law, an advertisement shall  only  be  required
when  required  by  this section. Publication [in a newspaper of general
circulation in the area served  or]  in  the  procurement  opportunities
newsletter  shall  not  be  required if bids for contracts for supplies,
materials or equipment are of a type regularly purchased by the authori-
ty and are to be solicited from a list of potential suppliers,  if  such
list is or has been developed consistent with the provisions of subdivi-
sion  eleven  of  this  section.  Any such advertisement shall contain a
statement of: (i) the time and place where bids received pursuant to any
notice requesting sealed bids will be publicly opened and read; (ii) the
name of  the  contracting  agency;  (iii)  the  contract  identification
number;  (iv)  a brief description of the public work, supplies, materi-
als, or equipment sought, the location where work is  to  be  performed,
goods  are  to  be delivered or services provided and the contract term;
(v) the address where bids or proposals are to be  submitted;  (vi)  the
date  when  bids or proposals are due; (vii) a description of any eligi-
bility or qualification requirement or preference; (viii) a statement as
to whether the contract requirements may be fulfilled by a  subcontract-
ing,  joint venture, or co-production arrangement; (ix) any other infor-
mation deemed  useful  to  potential  contractors;  and  (x)  the  name,
address,  and  telephone  number of the person to be contacted for addi-
tional information. At least fifteen business days shall elapse  between
the first publication of such advertisement or the solicitation of bids,
as the case may be, and the date of opening and reading of bids.
  S  3. Subparagraph (i) of paragraph f of subdivision 9 of section 1209
of the public authorities law, as added by chapter 929 of  the  laws  of
1986, is amended to read as follows:
  (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH  TO  THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority
may award a contract pursuant to this paragraph only after a  resolution
approved  by a two-thirds vote of its members then in office at a public
meeting of the authority with such resolution (A) disclosing  the  other
proposers  and  the  substance  of  their proposals, (B) summarizing the
negotiation process including the opportunities, if  any,  available  to
proposers  to  present and modify their proposals, and (C) setting forth
the criteria upon which the selection was made.
  S 4. Subdivision 13 of section 1209 of the public authorities law,  is
renumbered  subdivision  15 and two new subdivisions 13 and 14 are added
to read as follows:
  13. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORI-
TY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM THAT MAY  INFORM
BIDDERS  WHETHER  THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO

S. 6408                             7                            A. 9008

SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED  FOR  THE  OPENING  OF
BIDS.  SUCH  PROCEDURE  SHALL  NOT  CONSTITUTE  DISCLOSURE  OF  BIDS  IN
VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
  14.  WHENEVER  THE COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER:
  (A) INTENDS TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT  OR  CONTRACT
AMENDMENT  TO  BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THE
COMPTROLLER SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH  DETERMINATION
WITHIN  FORTY-FIVE  DAYS  OF  HAVING  RECEIVED  WRITTEN  NOTICE  OF SUCH
CONTRACT OR CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S  ANNUAL  REPORT
OR ANY REVISED REPORT;
  (B)  HAS  NOTIFIED  THE  AUTHORITY  IN  WRITING  THAT  ANY CONTRACT OR
CONTRACT AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT  TO
HIS  OR  HER  APPROVAL, SUCH CONTRACT OR CONTRACT AMENDMENT SHALL BECOME
VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER  HAS  NOT
APPROVED  OR  DISAPPROVED  SUCH  CONTRACT  OR  CONTRACT AMENDMENT WITHIN
FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE.
  S 5. Subdivision 7 of section 1265 of the public authorities  law,  as
added by chapter 324 of the laws of 1965, is amended to read as follows:
  7.  To  acquire,  hold and dispose of real or personal property in the
exercise  of  its  powers[;],  INCLUDING,  NOTWITHSTANDING   ANY   OTHER
PROVISION  OF  LAW,  THE POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC
AUCTION IN ACCORDANCE WITH GUIDELINES ADOPTED  BY  THE  AUTHORITY.  SUCH
GUIDELINES  SHALL  PROVIDE  FOR ADVERTISING AND SUCH OTHER SAFEGUARDS AS
THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST.
  S 6. Subdivision 3 of section 1204 of the public authorities  law,  as
amended  by  chapter  980  of  the  laws  of 1958, is amended to read as
follows:
  3. To acquire,  hold,  use  and  dispose  of  equipment,  devices  and
appurtenances, and other property for its corporate purposes, INCLUDING,
NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, THE POWER TO DISPOSE OF
PERSONAL PROPERTY  BY  PUBLIC  AUCTION  IN  ACCORDANCE  WITH  GUIDELINES
ADOPTED BY THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-FIVE OF THIS ARTICLE.
  S  7.  Subdivision  3 of section 553 of the public authorities law, is
amended to read as follows:
  3. To acquire, hold and dispose of personal property for its corporate
purposes[;], INCLUDING, NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE
POWER  TO  DISPOSE  OF PERSONAL PROPERTY BY PUBLIC AUCTION IN ACCORDANCE
WITH GUIDELINES ADOPTED BY THE AUTHORITY. SUCH GUIDELINES SHALL  PROVIDE
FOR  ADVERTISING  AND  SUCH  OTHER  SAFEGUARDS AS THE AUTHORITY MAY DEEM
APPROPRIATE IN THE PUBLIC INTEREST.
  S 8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of  the
public  authorities  law, as amended by chapter 334 of the laws of 2001,
are amended to read as follows:
  (a) Except  as  otherwise  provided  in  this  section,  all  purchase
contracts  for  supplies,  materials or equipment involving an estimated
expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and  all
contracts  for  public work involving an estimated expenditure in excess
of [twenty-five] ONE HUNDRED thousand dollars shall be  awarded  by  the
authority  to  the lowest responsible bidder after obtaining sealed bids
in the manner hereinafter set forth. For purposes hereof, contracts  for
public work shall exclude contracts for personal, engineering and archi-
tectural,  or  professional  services. The authority may reject all bids
and obtain new bids in the manner provided by this section  when  it  is
deemed  in  the  public interest to do so or, in cases where two or more

S. 6408                             8                            A. 9008

responsible bidders submit identical bids which  are  the  lowest  bids,
award  the  contract to any of such bidders or obtain new bids from such
bidders. Nothing herein shall obligate the authority to  seek  new  bids
after  the  rejection  of bids or after cancellation of an invitation to
bid. Nothing in this section shall prohibit the evaluation  of  bids  on
the  basis of costs or savings including life cycle costs of the item to
be purchased, discounts, and inspection services so long as the  invita-
tion  to bid reasonably sets forth the criteria to be used in evaluating
such costs or savings. Life cycle costs may include  but  shall  not  be
limited  to  costs  or savings associated with installation, energy use,
maintenance, operation and salvage or disposal.
  (b) Section twenty-eight hundred seventy-nine of  this  chapter  shall
apply  to  the authority's acquisition of goods or services of any kind,
in the actual or estimated amount of fifteen thousand dollars  or  more,
provided  (I)  that  a contract for [personal] services in the actual or
estimated amount of less than  [twenty]  ONE  HUNDRED  thousand  dollars
shall  not  require approval by the board of the authority regardless of
the length of the period over  which  the  services  are  rendered,  and
provided  further  that a contract for [personal] services in the actual
or estimated amount of [twenty] ONE HUNDRED  thousand  dollars  or  more
shall  require  approval by the board of the authority regardless of the
length of the period over which the services are rendered UNLESS SUCH  A
CONTRACT  IS  AWARDED  TO  THE LOWEST RESPONSIBLE BIDDER AFTER OBTAINING
SEALED BIDS, AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT
GUIDELINES THAT AUTHORIZE THE  AWARD  OF  CONTRACTS  TO  SMALL  BUSINESS
CONCERNS,  TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU-
ANT TO  ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW,  OR  MINORITY  OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS  WITHOUT  A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD
APPROVAL.
  S 9. Subparagraph (i) of paragraph  f  of  subdivision  4  of  section
1265-a  of  the  public  authorities law, as added by chapter 929 of the
laws of 1986, is amended to read as follows:
  (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST,  THE  authority
may  award a contract pursuant to this paragraph only after a resolution
approved by a two-thirds vote of its members then in office at a  public
meeting  of  the authority with such resolution (A) disclosing the other
proposers and the substance of  their  proposals,  (B)  summarizing  the
negotiation  process  including  the opportunities, if any, available to
proposers to present and modify their proposals, and (C)  setting  forth
the criteria upon which the selection was made.
  S  10.  Paragraph (a) of subdivision 3 of section 1265-a of the public
authorities law, as amended by chapter 494  of  the  laws  of  1990,  is
amended to read as follows:
  (a)  Advertisement  for  bids, when required by this section, shall be
published [at least once in a newspaper of general  circulation  in  the
area served by the authority and] in the procurement opportunities news-
letter  published pursuant to article four-C of the economic development
law provided that, notwithstanding the provisions of article  four-C  of
the  economic  development  law, an advertisement shall only be required
for a purchase  contract  for  supplies,  materials  or  equipment  when
required  by this section. Publication [in a newspaper of general circu-
lation in the area served or] in the procurement opportunities  newslet-

S. 6408                             9                            A. 9008

ter  shall not be required if bids for contracts for supplies, materials
or equipment are of a type regularly purchased by the authority and  are
to  be  solicited from a list of potential suppliers, if such list is or
has  been developed consistent with the provisions of subdivision six of
this section. Any such advertisement shall contain a statement  of:  (i)
the time and place where bids received pursuant to any notice requesting
sealed  bids  will  be  publicly  opened  and read; (ii) the name of the
contracting agency; (iii) the contract  identification  number;  (iv)  a
brief  description of the public work, supplies, materials, or equipment
sought, the location where work is to be  performed,  goods  are  to  be
delivered  or  services  provided and the contract term; (v) the address
where bids or proposals are to be submitted; (vi) the date when bids  or
proposals  are due; (vii) a description of any eligibility or qualifica-
tion requirement or preference; (viii) a statement  as  to  whether  the
contract  requirements  may  be  fulfilled  by  a  subcontracting, joint
venture, or co-production arrangement; (ix) any other information deemed
useful to potential contractors; and (x) the name,  address,  and  tele-
phone  number  of the person to be contacted for additional information.
At least fifteen business days shall elapse between the  first  publica-
tion  of such advertisement or the solicitation of bids, as the case may
be, and the date of opening and reading of bids.
  S 11. Subdivision 8 of section 1265-a of the public authorities law is
renumbered subdivision 10 and two new subdivisions 8 and 9 are added  to
read as follows:
  8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY
SHALL  BE  ALLOWED  TO  USE AN ELECTRONIC BIDDING SYSTEM THAT MAY INFORM
BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, AND ALLOW  BIDDERS  TO
SUBMIT  NEW  BIDS  BEFORE  THE DATE AND TIME ASSIGNED FOR THE OPENING OF
BIDS.  SUCH  PROCEDURE  SHALL  NOT  CONSTITUTE  DISCLOSURE  OF  BIDS  IN
VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
  9.  WHENEVER  THE  COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER:
  (A) INTENDS TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT  OR  CONTRACT
AMENDMENT  TO  BE AWARDED BY THE AUTHORITY PURSUANT TO THIS SECTION, THE
COMPTROLLER SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH  DETERMINATION
WITHIN  FORTY-FIVE  DAYS  OF  HAVING  RECEIVED  WRITTEN  NOTICE  OF SUCH
CONTRACT OR CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S  ANNUAL  REPORT
OR ANY REVISED REPORT;
  (B)  HAS  NOTIFIED  THE  AUTHORITY  IN  WRITING  THAT  ANY CONTRACT OR
CONTRACT AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT  TO
HIS  OR  HER  APPROVAL, SUCH CONTRACT OR CONTRACT AMENDMENT SHALL BECOME
VALID AND ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER  HAS  NOT
APPROVED  OR  DISAPPROVED  SUCH  CONTRACT  OR  CONTRACT AMENDMENT WITHIN
FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE.
  S 12. Section 553 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
  22. SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF  THIS  CHAPTER  SHALL
APPLY  TO  THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF ANY KIND,
IN THE ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS  OR  MORE,
PROVIDED  THAT  (I)  A  CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED
AMOUNT OF LESS THAN ONE  HUNDRED  THOUSAND  DOLLARS  SHALL  NOT  REQUIRE
APPROVAL  BY  THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH OF THE
PERIOD OVER WHICH THE SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A
CONTRACT FOR SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF  ONE  HUNDRED
THOUSAND  DOLLARS  OR  MORE  SHALL  REQUIRE APPROVAL BY THE BOARD OF THE
AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES

S. 6408                            10                            A. 9008

ARE RENDERED UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE
BIDDER AFTER OBTAINING SEALED BIDS AND (II) THE BOARD OF  THE  AUTHORITY
MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS
TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES
CERTIFIED  PURSUANT  TO  ARTICLE  SEVENTEEN-B  OF  THE EXECUTIVE LAW, OR
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTI-
CLE FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR  TECHNOLOGY
THAT  ARE  RECYCLED  OR  REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR
HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND  WITH-
OUT FURTHER BOARD APPROVAL.
  S  13.  Paragraph (f) of subdivision 3 of section 2879-a of the public
authorities law, as added by chapter 506 of the laws of 2009, is amended
to read as follows:
  (f) contracts for the sale or delivery of power or  energy  and  costs
and  services ancillary thereto for economic development purposes pursu-
ant to title one of article five of this chapter or article six  of  the
economic  development  law,  provided, however, that the authority shall
file copies of any such contract with the comptroller within sixty  days
after  the execution of such contract; AND (G) CONTRACTS ENTERED INTO BY
THE METROPOLITAN TRANSPORTATION AUTHORITY OR THE NEW YORK  CITY  TRANSIT
AUTHORITY  THAT  ARE:  I.  AWARDED  PURSUANT TO SECTION ONE THOUSAND TWO
HUNDRED NINE OR SECTION ONE THOUSAND TWO HUNDRED  SIXTY-FIVE-A  OF  THIS
CHAPTER  BY  A  METHOD  OF PROCUREMENT THAT IS COMPETITIVE; OR II. FOR A
TRANSFER OF TITLE OR ANY OTHER BENEFICIAL INTEREST IN REAL  PROPERTY  OF
SUCH  AN  AUTHORITY  BY SALE, EXCHANGE OR TRANSFER, FOR CASH, CREDIT, OR
OTHER PROPERTY, WITH OR WITHOUT WARRANTY.
  S 14. Subparagraph (B) of paragraph 2 of  subsection  (a)  of  section
2504 of the insurance law is amended to read as follows:
  (B) the city of New York, a public corporation or public authority, in
connection  with  the  construction  of electrical generating and trans-
mission facilities or construction, extensions and  additions  of  light
rail  or  heavy  rail  rapid  transit and commuter railroads, OR BRIDGE,
TUNNEL OR OMNIBUS FACILITIES.
  S 15. This act shall take effect immediately.

                                 PART C

  Section 1. Subdivisions 2 and  3  of  section  1204-d  of  the  public
authorities  law,  as  added  by  chapter  530  of the laws of 2006, are
amended and a new subdivision 1-a is added to read as follows:
  1-A. THE AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS  THE  AUTHORITY
MAY  DETERMINE  NECESSARY,  CONVENIENT OR DESIRABLE ENTER INTO ANY JOINT
ARRANGEMENT AS DEFINED IN SUBDIVISION NINE-A OF SECTION  TWELVE  HUNDRED
SIXTY-ONE  OF  THIS  CHAPTER  AND  MAY  EXERCISE  ALL  OF  ITS POWERS IN
CONNECTION WITH ANY JOINT ARRANGEMENT.
  2. Any such joint service arrangement OR JOINT  ARRANGEMENT  shall  be
authorized only by resolution of the authority approved by not less than
a  majority  vote  of  the  whole  number of members of the board of the
authority then in office, except that in the event of  a  tie  vote  the
chairman shall cast one additional vote.
  3.  All  general  powers of the authority shall be applicable to joint
service arrangements AND JOINT ARRANGEMENTS. THE  AUTHORITY  SHALL  ALSO
HAVE  ALL  OF THE POWERS OF THE METROPOLITAN TRANSPORTATION AUTHORITY AS
SET FORTH IN SECTION TWELVE HUNDRED SIXTY-SIX-I OF THIS CHAPTER.
  S 2. Section 1261 of the public authorities law is amended  by  adding
two new subdivisions 9-a and 18-a to read as follows:

S. 6408                            11                            A. 9008

  9-A.  "JOINT ARRANGEMENT" SHALL MEAN AN ARRANGEMENT, INCLUDING A PUBL-
IC-PRIVATE PARTNERSHIP, BETWEEN OR  AMONG  THE  AUTHORITY,  ITS  SUBSID-
IARIES,  NEW  YORK  CITY  TRANSIT  AUTHORITY AND ITS SUBSIDIARY, AND ANY
OTHER PARTY OR PARTIES, INCLUDING PUBLIC ENTITIES AND PRIVATE  ENTITIES,
ON  SUCH TERMS AND CONDITIONS AS THE AUTHORITY, ANY OF ITS SUBSIDIARIES,
NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY,  DEEMS  NECESSARY  OR
APPROPRIATE,  IN  THE  FORM  OF  A CONTRACT, CONCESSION, LICENSE, LEASE,
ALLIANCE, JOINT VENTURE,  CORPORATION,  INCLUDING  A  LIMITED  LIABILITY
CORPORATION, A PARTNERSHIP, OR OTHER ARRANGEMENT, IN SUPPORT OF, ASSOCI-
ATED WITH, DERIVATIVE FROM, OR INCIDENTAL TO, THE PLANNING, ACQUISITION,
DESIGN,  ESTABLISHMENT,  CONSTRUCTION,  REHABILITATION,  RECONSTRUCTION,
IMPROVEMENT, EXTENSION, RENEWAL, REPAIR, OPERATION, MAINTENANCE,  DEVEL-
OPMENT OR FINANCING OF TRANSPORTATION IN WHOLE OR IN PART IN OR UPON ONE
OR MORE TRANSPORTATION FACILITIES LOCATED IN WHOLE OR IN PART WITHIN THE
DISTRICT INCLUDING WITHOUT LIMITATION, AGREEMENTS RELATING TO INTERMODAL
AND  SHARED  FACILITIES, THE DISTRIBUTION OF FARE AND TOLL PAYMENT MEDIA
AND ELECTRONIC PAYMENT DEVICES, OR THE COLLECTION OF  FARES,  TOLLS  AND
OTHER CHARGES.
  18-A.  "TRANSPORTATION  PURPOSE" SHALL MEAN A PURPOSE THAT DIRECTLY OR
INDIRECTLY SUPPORTS ALL OR ANY  OF  THE  MISSIONS  OR  PURPOSES  OF  THE
AUTHORITY,  ANY  OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR
ITS SUBSIDIARY, INCLUDING THE PRODUCTION OF REVENUES AVAILABLE  FOR  THE
COSTS AND EXPENSES OF ALL OR ANY TRANSPORTATION FACILITIES.
  S  3.    Subdivisions  3,  6,  8, and 11 of section 1266 of the public
authorities law, subdivision 3 as amended and subdivision 11 as added by
chapter 314 of the laws of 1981, and subdivisions 6 and 8 as amended  by
section  23 of part O of chapter 61 of the laws of 2000, are amended and
three new subdivisions 2-a, 12-a and 19 are added to read as follows:
  2-A. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY,  THE
AUTHORITY,  ANY  OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY OR
ITS SUBSIDIARY, MAY ON SUCH TERMS AND CONDITIONS AS THEY  MAY  DETERMINE
NECESSARY,  CONVENIENT  OR DESIRABLE ENTER INTO ANY JOINT ARRANGEMENT AS
HEREINAFTER PROVIDED AND MAY EXERCISE ALL OF ITS  POWERS  IN  CONNECTION
WITH  ANY  JOINT  ARRANGEMENT. ANY JOINT ARRANGEMENT SHALL BE AUTHORIZED
ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY
VOTE OF THE WHOLE NUMBER OF MEMBERS OF THE  AUTHORITY  THEN  IN  OFFICE,
EXCEPT THAT IN THE EVENT OF A TIE VOTE THE CHAIRMAN SHALL CAST ONE ADDI-
TIONAL VOTE.
  3. The authority may establish, levy and collect or cause to be estab-
lished,  levied  and  collected  and,  in  the  case  of a joint service
arrangement OR A JOINT ARRANGEMENT, join with others in  the  establish-
ment,  levy  and collection of such fares, tolls, rentals, rates, TAXES,
ASSESSMENTS, charges and other fees as it may deem necessary, convenient
or desirable for the use and operation of  any  transportation  facility
and related services OR ACTIVITIES (A) operated by the authority or by a
subsidiary  corporation  of  the  authority  or under contract, lease or
other  arrangement,  including  joint  service  arrangements  OR   JOINT
ARRANGEMENTS,  with  the  authority  OR  A SUBSIDIARY CORPORATION OF THE
AUTHORITY; OR (B) OPERATED BY NEW YORK CITY  TRANSIT  AUTHORITY  OR  ITS
SUBSIDIARY  IN  CONNECTION WITH A JOINT ARRANGEMENT INVOLVING ANY TRANS-
PORTATION FACILITIES OF NEW YORK CITY TRANSIT AUTHORITY OR  ITS  SUBSID-
IARY. Any such fares, tolls, rentals, rates, TAXES, ASSESSMENTS, charges
or  other fees for the transportation of passengers shall be established
and changed only if approved by resolution of the authority  adopted  by
not  less  than  a  majority  vote of the whole number of members of the
authority then in office, with the chairman having one  additional  vote

S. 6408                            12                            A. 9008

in  the  event  of a tie vote, and only after a public hearing, provided
however, that fares, tolls, rentals, rates, TAXES, ASSESSMENTS,  charges
or other fees for the transportation of passengers on any transportation
facility  which  are  in  effect at the time that the then owner of such
transportation facility becomes a subsidiary corporation of the authori-
ty or at the time that operation  of  such  transportation  facility  is
commenced  by  the  authority  or  is commenced under contract, lease or
other  arrangement,  including  joint  service  arrangements  OR   JOINT
ARRANGEMENTS,  with  the authority OR WHICH HAVE BEEN ESTABLISHED BY THE
NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY CORPORATIONS  AND  ARE
IN  EFFECT  ON  THE DATE THE CHAPTER OF THE LAWS OF TWO THOUSAND SIXTEEN
THAT AMENDED THIS SUBDIVISION TAKES EFFECT may be  continued  in  effect
without  such  a  hearing.  Such  fares,  tolls,  rentals, rates, TAXES,
ASSESSMENTS, charges and other fees shall be established as may  in  the
judgment  of  the  authority be necessary to maintain the combined oper-
ations of the authority and its subsidiary corporations on  a  self-sus-
taining  basis. The said operations shall be deemed to be on a self-sus-
taining basis as required by this title, when the authority is  able  to
pay  or  cause  to  be paid from revenue and any other funds or property
actually available to the authority and its subsidiary corporations  (a)
as the same shall become due, the principal of and interest on the bonds
and  notes and other obligations of the authority and of such subsidiary
corporations, together with the maintenance  of  [proper]  reserves,  IF
ANY,  therefor,  (b)  the cost and expense of keeping the properties and
assets of the authority and its subsidiary corporations in  good  condi-
tion  and  repair,  and  (c)  the  capital and operating expenses of the
authority and its subsidiary corporations. The  authority  may  contract
with  the  holders  of  bonds  [and]  , notes AND OTHER OBLIGATIONS with
respect to the exercise of the powers authorized  by  this  section.  No
acts or activities taken or proposed to be taken by the authority or any
subsidiary  of the authority pursuant to the provisions of this subdivi-
sion shall be deemed to be "actions" for  the  purposes  or  within  the
meaning of article eight of the environmental conservation law.
  6.  Each  of the authority and its subsidiaries, and the New York city
transit authority and its subsidiaries, in its own name or in  the  name
of  the  state, may apply for and receive and accept grants of property,
money and services and other assistance offered or made available to  it
by  any  person,  government  or  agency, INCLUDING SUCH GRANTS OR OTHER
ASSISTANCE OFFERED OR  MADE  AVAILABLE  TO  IT  UNDER  A  JOINT  SERVICE
ARRANGEMENT  OR A JOINT ARRANGEMENT, which it may use to meet capital or
operating expenses and for any other use within the scope of its powers,
and to negotiate for the same upon such  terms  and  conditions  as  the
respective authority may determine to be necessary, convenient or desir-
able.
  8.  The  authority may do all things it deems necessary, convenient or
desirable to manage, control and direct the maintenance and operation of
transportation facilities, equipment or real  property  operated  by  or
under  contract,  lease  or other arrangement with the authority and its
subsidiaries, and New York city transit authority and its  subsidiaries.
[Except  as hereinafter specially provided, no] NO municipality or poli-
tical subdivision, including but not limited to a county, city, village,
town or school or other district shall have jurisdiction over any facil-
ities of the authority and its subsidiaries, and New York  city  transit
authority and its subsidiaries, or any of their activities or operations
EXCEPT  WITH  THE EXPRESS CONSENT OF THE AUTHORITY OR ONE OF ITS SUBSID-
IARIES  OR  THE  NEW  YORK  CITY  TRANSIT  AUTHORITY  OR  ONE   OF   ITS

S. 6408                            13                            A. 9008

SUBSIDIARIES. [The local] LOCAL laws, resolutions, ordinances, rules and
regulations  of  a  municipality or political subdivision, heretofore or
hereafter adopted, [conflicting with this title or  any  rule  or  regu-
lation  of  the  authority or its subsidiaries, or New York city transit
authority or its subsidiaries,] shall not be applicable  to  the  activ-
ities  or operations of the authority and its subsidiaries, and New York
city transit authority, or the  facilities  of  the  authority  and  its
subsidiaries,  and New York city transit authority and its subsidiaries,
except such ACTIVITIES OR OPERATIONS  OR  facilities  that  are  devoted
SOLELY  AND ENTIRELY to [purposes] A PURPOSE other than A transportation
or transit [purposes] PURPOSE, WHICH TRANSPORTATION OR  TRANSIT  PURPOSE
MAY BE THE PRODUCTION OF REVENUE AVAILABLE FOR THE COSTS AND EXPENSES OF
ALL  OR  ANY ACTIVITIES OR OPERATIONS OR FACILITIES OF THE AUTHORITY AND
ITS SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY  AND  ITS  SUBSID-
IARIES.  Each  municipality  or political subdivision, including but not
limited to a county, city, village, town or district in which any facil-
ities of the authority or its subsidiaries, or  New  York  city  transit
authority or its subsidiaries are located shall provide for such facili-
ties  police,  fire and health protection services of the same character
and to the same extent as those provided for residents of  such  munici-
pality or political subdivision.
  The  jurisdiction, supervision, powers and duties of the department of
transportation of the state  under  the  transportation  law  shall  not
extend  to the authority in the exercise of any of its powers under this
title. The authority may agree with such department for the execution by
such department of any grade crossing elimination project or  any  grade
crossing  separation  reconstruction project along any railroad facility
operated by the authority or by one of its  subsidiary  corporations  or
under  contract, lease or other arrangement with the authority. Any such
project shall be executed as provided in article ten of the  transporta-
tion  law  and the railroad law, respectively, and the costs of any such
project shall be borne as provided in such laws, except that the author-
ity's share of such costs shall be borne by the state.
  11. No project to be constructed upon real property  theretofore  used
for  a  transportation  purpose, or on an insubstantial addition to such
property contiguous OR ADJACENT AND  RELATED  thereto,  which  will  not
change  in a material respect the general character of such prior trans-
portation use, nor any  acts  or  activities  in  connection  with  such
project,  shall be subject to the provisions of article eight, nineteen,
twenty-four or twenty-five of the environmental conservation law, or  to
any  local  law  or  ordinance adopted pursuant to any such article. Nor
shall any acts or activities taken  or  proposed  to  be  taken  by  the
authority  or  by  any  other  person  or  entity, public or private, in
connection  with  the  planning,   design,   acquisition,   improvement,
construction,  reconstruction  or  rehabilitation  of  a  transportation
facility, other than a marine or aviation facility, be  subject  to  the
provisions of article eight of the environmental conservation law, or to
any  local law or ordinance adopted pursuant to any such article if such
acts or activities require the  preparation  of  a  statement  under  or
pursuant to any federal law or regulation as to the environmental impact
thereof.  NOR SHALL ANY ACQUISITION OR CONDEMNATION OF REAL PROPERTY, OR
ACTS OR ACTIVITIES TAKEN OR PROPOSED TO BE TAKEN ON SUCH REAL  PROPERTY,
BE  SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR OR
TWENTY-FIVE OF THE ENVIRONMENTAL CONSERVATION LAW, OR TO ANY  LOCAL  LAW
OR  ORDINANCE  ADOPTED  PURSUANT TO ANY SUCH ARTICLE, WHEN THE AUTHORITY
HAS CERTIFIED TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION THAT  SUCH

S. 6408                            14                            A. 9008

REAL  PROPERTY  IS  ACQUIRED  OR  CONDEMNED  IN CONNECTION WITH A FUTURE
PROJECT THAT WILL LIKELY CONSTITUTE A  CAPITAL  ELEMENT  AS  DEFINED  BY
SECTION  TWELVE  HUNDRED  SIXTY-NINE-B OF THIS TITLE, UNTIL SUCH TIME AS
THAT CAPITAL ELEMENT IS INCLUDED IN A CAPITAL PROGRAM PLAN OR UNTIL SUCH
TIME AS THE PROJECT IS OTHERWISE SUBJECT TO THOSE PROVISIONS.
  12-A.  WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT, CONSTRUCTION,
RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY, INCLUDING
AS PART OF A JOINT ARRANGEMENT, THE AUTHORITY DETERMINES THAT THE PIPES,
MAINS OR CONDUITS OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES AND
APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST  BE  REMOVED  OR
OTHERWISE PROTECTED OR REPLACED, THE COST OF SUCH REMOVAL, PROTECTION OR
REPLACEMENT  WHETHER  PERFORMED  BY  THE AUTHORITY OR THE PUBLIC SERVICE
CORPORATION SHALL BE BORNE SOLELY BY THE PUBLIC SERVICE CORPORATION.
  19. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL  OR  LOCAL
LAW, CODE, ORDINANCE, RULE OR REGULATION TO THE CONTRARY, THE AUTHORITY,
ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY MAY
ERECT  ADVERTISING  SIGNS  OR  DEVICES  INCLUDING ILLUMINATED OR DIGITAL
SIGNS OR DEVICES WITHIN OR ON ANY OF ITS TRANSPORTATION  FACILITIES  AND
MAY INSTALL, MAINTAIN, AND DISPLAY ADVERTISING ON SUCH SIGNS OR DEVICES,
AND MAY RENT, LEASE, LICENSE OR OTHERWISE SELL THE RIGHT TO DO SO TO ANY
PERSON,  PRIVATE  OR  PUBLIC.  SUCH ADVERTISING SIGNS OR DEVICES AND THE
PRODUCTION OF REVENUE FROM THEM FOR THE  AUTHORITY  SHALL  BE  DEEMED  A
TRANSPORTATION  PURPOSE AND NEITHER THE AUTHORITY, ITS SUBSIDIARIES, NEW
YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, NOR ANY  PERSON,  PRIVATE
OR PUBLIC, TO WHOM THE AUTHORITY, ITS SUBSIDIARIES, NEW YORK CITY TRANS-
IT AUTHORITY OR ITS SUBSIDIARY HAS RENTED, LEASED, LICENSED OR OTHERWISE
SOLD  THE RIGHT TO INSTALL, MAINTAIN AND DISPLAY SUCH ADVERTISING MAY BE
REQUIRED TO PAY ANY FEES, TAXES OR ASSESSMENTS, WHETHER STATE OR  LOCAL,
UPON SUCH ADVERTISING SIGNS OR DEVICES OR THE USE THEREOF OR THE REVENUE
OR INCOME THEREFROM.
  S  4.  The  public  authorities law is amended by adding a new section
1266-k to read as follows:
  S 1266-K. JOINT ARRANGEMENTS 1. NOTWITHSTANDING ANY PROVISION  OF  LAW
TO  THE  CONTRARY, THE AUTHORITY IS AUTHORIZED, IN ADDITION TO ITS OTHER
RIGHTS AND POWERS NOT INCONSISTENT WITH THE PROVISIONS  OF  THIS  TITLE,
TO:
  (A) ENTER INTO ANY JOINT ARRANGEMENT;
  (B) ACCEPT ANY GIFTS OR ANY APPROPRIATION OR GRANT OF FUNDS OR PROPER-
TY  FOR  THE  PURPOSES OF A JOINT ARRANGEMENT FROM ANY PRIVATE ENTITY OR
PUBLIC ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS THEREOF;
  (C) ISSUE ITS NOTES OR BONDS, TO FINANCE ALL OR ANY PART OF THE  COSTS
OF ANY JOINT ARRANGEMENT;
  (D)  USE  THE  AUTHORITY'S  EMINENT  DOMAIN  POWERS, ON SUCH TERMS AND
CONDITIONS AS THE  AUTHORITY  DEEMS  APPROPRIATE,  TO  ACQUIRE  PROPERTY
REQUIRED FOR JOINT ARRANGEMENTS;
  (E)  TAKE  AN EQUITY OR OTHER OWNERSHIP INTEREST IN ANY JOINT ARRANGE-
MENT IN THE FORM OF STOCK  OWNERSHIP,  PARTNERSHIP  INTERESTS  OR  OTHER
INTERESTS  AND  MEMBERS  OF THE AUTHORITY AND EMPLOYEES OF THE AUTHORITY
SHALL BE PERMITTED TO  SERVE  ON  THE  BOARD  OF  DIRECTORS,  MANAGEMENT
COMMITTEE  OR  OTHER  CONTROLLING BODY OF THE JOINT ARRANGEMENT PROVIDED
THAT ANY SUCH APPOINTMENT SHALL HAVE BEEN APPROVED BY A MAJORITY OF  THE
WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
MAY:

S. 6408                            15                            A. 9008

  (A)  ACCEPT, FOLLOWING COMPLIANCE WITH THE PROCEDURE SET FORTH IN THIS
SUBSECTION, PROPOSALS FROM PUBLIC ENTITIES OR PRIVATE ENTITIES FOR JOINT
ARRANGEMENTS.
  (I) THE AUTHORITY IS HEREBY AUTHORIZED TO ACCEPT UNSOLICITED PROPOSALS
FOR JOINT ARRANGEMENTS.
  (II) AN UNSOLICITED PROPOSAL MUST INCLUDE AT A MINIMUM:
  (A)  A  DESCRIPTION  OF  THE PROPOSED JOINT ARRANGEMENT, INCLUDING THE
LOCATION, CONCEPTUAL DESIGN, ANY INTERCONNECTION OF SUCH JOINT  ARRANGE-
MENT  WITH OTHER EXISTING OR PROPOSED TRANSPORTATION FACILITIES, AND THE
BENEFITS TO THE AUTHORITY OF THE JOINT ARRANGEMENT;
  (B) THE PROJECTED TOTAL COST AND PLANS FOR FINANCING, INCLUDING SOURC-
ES OF FUNDING, FOR THE JOINT ARRANGEMENT;
  (C) THE PROPOSED SCHEDULE FOR THE DEVELOPMENT OF  THE  PROPOSED  JOINT
ARRANGEMENT;
  (D)  THE  MEANS PROPOSED FOR THE PROCUREMENT OF THE PROPERTY INTERESTS
REQUIRED FOR THE PROPOSED JOINT ARRANGEMENT;
  (E) INFORMATION RELATING TO THE CONSISTENCY OF THE PROPOSAL  WITH  THE
CURRENT  TRANSPORTATION PLANS OF THE AUTHORITY AND ANY AFFECTED STATE OR
LOCAL JURISDICTION;
  (F) A LIST OF PERMITS AND APPROVALS REQUIRED FOR THE IMPLEMENTATION OF
THE PROPOSED JOINT ARRANGEMENT AND A SCHEDULE  FOR  THE  ACQUISITION  OF
SUCH PERMITS AND APPROVALS FROM THE APPROPRIATE LOCAL, STATE AND FEDERAL
AGENCIES;
  (G)  THE AUTHORITY'S PROPOSED ROLE AND RESPONSIBILITIES, INCLUDING ANY
FINANCIAL ASSISTANCE, IN THE DEVELOPMENT OF THE PROPOSED JOINT  ARRANGE-
MENT AND IMPLEMENTATION OF THE PROPOSED TRANSPORTATION SERVICE; AND
  (H) THE NAME AND ADDRESS OF THE PROPOSER.
  (III)  AFTER THE RECEIPT OF AN UNSOLICITED PROPOSAL, THE AUTHORITY MAY
REQUIRE SUCH ADDITIONAL INFORMATION FROM THE PROPOSER AS  THE  AUTHORITY
DEEMS PERTINENT TO THE CONSIDERATION OF THE PROPOSAL.
  (IV)  AFTER  THE RECEIPT OF AN UNSOLICITED PROPOSAL THAT THE AUTHORITY
FINDS (A) TO HAVE FULFILLED THE REQUIREMENTS OF SUBPARAGRAPHS  (II)  AND
(III)  OF  THIS  PARAGRAPH,  (B)  TO  BE CONSISTENT WITH THE AUTHORITY'S
TRANSPORTATION OBJECTIVES, AND (C) TO BE A CONCEPT  THAT  THE  AUTHORITY
WISHES  TO  PURSUE,  THE AUTHORITY MAY, AFTER CONSULTING WITH THE ENTITY
MAKING THE PROPOSAL, PREPARE AND ISSUE A PUBLIC  REQUEST  FOR  COMPETING
PROPOSALS.
  (V) SUCH PUBLIC REQUEST FOR COMPETING PROPOSALS MUST:
  (A)  DESCRIBE  THE  UNSOLICITED  PROPOSAL  IN  SUCH A WAY THAT, IN THE
DISCRETION OF THE AUTHORITY, IT FAIRLY  SOLICITS  COMPETITIVE  PROPOSALS
THAT COULD ACHIEVE THE TRANSPORTATION BENEFIT PROPOSED BY THE UNSOLICIT-
ED PROPOSAL;
  (B)  PROVIDE  FOR A PERIOD, NOT TO EXCEED NINETY DAYS, FOR THE INITIAL
SUBMISSION OF COMPETING PROPOSALS; AND
  (C) REQUIRE THAT SUCH  COMPETING  PROPOSALS  INCLUDE  THE  INFORMATION
REQUIRED FOR UNSOLICITED PROPOSALS, AS SET FORTH IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH.
  (VI)  AFTER  RECEIVING ANY SUCH COMPETING PROPOSALS, THE AUTHORITY MAY
REQUIRE SUCH ADDITIONAL INFORMATION FROM ANY PROPOSER AS  THE  AUTHORITY
DEEMS  PERTINENT TO THE CONSIDERATION OF THE APPLICABLE PROPOSAL AND MAY
ALLOW FOR THE SUBMISSION OF ADDITIONAL INFORMATION CONCERNING THE  UNSO-
LICITED PROPOSAL OR ANY COMPETING PROPOSAL.
  3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
MAY  ENTER  INTO  A  JOINT ARRANGEMENT WITH THE PUBLIC ENTITY OR PRIVATE
ENTITY WHICH HAS SUBMITTED THE UNSOLICITED OR  SOLICITED  PROPOSAL  THAT
BEST DEMONSTRATES THE FOLLOWING:

S. 6408                            16                            A. 9008

  (A) A PUBLIC NEED FOR THE PROPOSED JOINT ARRANGEMENT;
  (B)  THE PROPOSED JOINT ARRANGEMENT AND THE SCHEDULING OF ITS DEVELOP-
MENT AND IMPLEMENTATION AND ITS CONNECTIONS TO THE EXISTING  TRANSPORTA-
TION SYSTEM ARE COMPATIBLE WITH THE TRANSPORTATION PLANS OF THE AUTHORI-
TY AND OF ANY STATE OR LOCAL JURISDICTIONS;
  (C) THE ESTIMATED COST OF THE PROPOSED JOINT ARRANGEMENT AND OF DELIV-
ERY  OF  THE TRANSPORTATION SERVICE IS REASONABLE AND THE EXPENDITURE OF
ANY AUTHORITY FUNDS ON THE FACILITY WOULD PROVIDE A REASONABLE TRANSPOR-
TATION BENEFIT, RELATIVE TO THE ESTIMATED COST;
  (D) THE FINANCING OF THE IMPLEMENTATION AND OPERATION OF THE  PROPOSED
JOINT ARRANGEMENT IS FEASIBLE; AND
  (E)  THE  PROPOSAL  PROVIDES  THE  BEST VALUE TO THE AUTHORITY AND THE
PROPOSED JOINT ARRANGEMENT SATISFIES ANY OTHER CRITERIA APPLIED  BY  THE
AUTHORITY  IN  ASCERTAINING  WHETHER IMPLEMENTATION AND OPERATION OF THE
PROPOSED JOINT ARRANGEMENT IS IN THE INTERESTS OF THE AUTHORITY.
  4. (A) NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  TO  REQUIRE  THE
AUTHORITY  TO  ACCEPT ANY UNSOLICITED PROPOSAL, MAKE ANY SOLICITATION OR
REQUEST FOR COMPETITIVE PROPOSALS, OR ENTER INTO ANY AGREEMENT WITH  ANY
PUBLIC OR PRIVATE ENTITY.
  (B)  NOTHING IN THIS SECTION SHALL BE DEEMED TO (I) SUPERSEDE OR LIMIT
THE APPLICABILITY OF THE AUTHORITY'S EXISTING POWERS AND  AUTHORITY,  OR
(II)  REQUIRE THE AUTHORITY TO ACCEPT ANY PROJECT THROUGH THE PROVISIONS
OF THIS SECTION, OR (III) REQUIRE THE AUTHORITY TO ENTER INTO ANY AGREE-
MENTS HEREUNDER, OR (IV) REQUIRE THE AUTHORITY TO TAKE ANY  ACTION  THAT
WOULD  CONTRADICT  OR IMPACT AN EXISTING AUTHORITY CONTRACT OR AGREEMENT
WITH ITS BONDHOLDERS.
  (C) SECTION TWENTY-EIGHT HUNDRED NINETY-SEVEN OF  THIS  CHAPTER  SHALL
NOT  APPLY  TO ANY TRANSFER OF TITLE OR ANY OTHER BENEFICIAL INTEREST IN
PERSONAL OR REAL PROPERTY BY THE AUTHORITY PURSUANT TO THE  TERMS  OF  A
JOINT ARRANGEMENT.
  (D)  THE  AUTHORITY  IS  HEREBY AUTHORIZED TO PROMULGATE ANY RULES AND
REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS
SECTION.
  5. NOTWITHSTANDING ANY PROVISION OF LAW TO  THE  CONTRARY,  AGREEMENTS
ENTERED INTO PURSUANT TO THIS SECTION MAY PROVIDE FOR:
  (A)  THE  PLANNING, ACQUISITION, DESIGN, CONSTRUCTION, RECONSTRUCTION,
REHABILITATION,  ESTABLISHMENT,  IMPROVEMENT,   RENOVATION,   EXTENSION,
REPAIR,  OPERATION, MAINTENANCE, DEVELOPMENT OR FINANCING OF TRANSPORTA-
TION FACILITIES AND JOINT ARRANGEMENTS AND THE PROVISION OF  TRANSPORTA-
TION SERVICES.
  (B) THE ESTABLISHMENT, LEVY AND COLLECTION OF FARES, USER FEES, TOLLS,
RENTALS,  RATES  OR  OTHER CHARGES FOR THE USE OF TRANSPORTATION FACILI-
TIES, JOINT ARRANGEMENTS OR FOR THE RECEIPT OF  TRANSPORTATION  SERVICES
PURSUANT TO THIS SECTION AS THE AUTHORITY MAY DEEM NECESSARY, CONVENIENT
OR DESIRABLE; AND
  (C)  THE  CROSSING  OF ANY STREET, HIGHWAY, RAILROAD, CANAL, NAVIGABLE
WATER COURSE OR RIGHT-OF-WAY, SO LONG AS THE CROSSING DOES NOT UNREASON-
ABLY INTERFERE WITH THE REASONABLE USE THEREOF.
  6. IN THE EVENT A PUBLIC OR PRIVATE ENTITY MATERIALLY DEFAULTS ON  ITS
OBLIGATIONS  UNDER  A JOINT ARRANGEMENT, THE AUTHORITY IS HEREBY AUTHOR-
IZED TO ACQUIRE ALL OR ANY PORTION OF ANY JOINT ARRANGEMENT  CONSTRUCTED
BY OR IN CONJUNCTION WITH SUCH PUBLIC ENTITY OR PRIVATE ENTITY, WITH ANY
DAMAGES  SUFFERED  TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT BEING AN
OFFSET TO THE COMPENSATION PROVIDED FOR THE  ACQUISITION  OF  THE  JOINT
ARRANGEMENT.  IN  THE  EVENT OF SUCH ACQUISITION AND NOTWITHSTANDING ANY
PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY  IS  HEREBY  AUTHORIZED,

S. 6408                            17                            A. 9008

BUT NOT REQUIRED, TO OPERATE AND MAINTAIN THE JOINT ARRANGEMENT, INCLUD-
ING  THE  IMPOSITION  AND COLLECTION OF APPLICABLE FEES, FARES, TOLLS OR
OTHER CHARGES.
  7.  ANY  REQUEST  FOR  PROPOSAL  OR AGREEMENT ENTERED PURSUANT TO THIS
SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND  RIGHTS
IN  INTELLECTUAL  PROPERTY  AND TRADE SECRETS. THE CONTENTS OF PROPOSALS
RECEIVED BY THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE  CONSIDERED,
FOR  THE  PURPOSES  OF  SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW,
RECORDS WHICH, IF DISCLOSED, WOULD IMPAIR PRESENT OR  IMMINENT  CONTRACT
AWARDS.
  S  5.  Subdivisions  5 and 6 of section 1267 of the public authorities
law, as added by chapter 324 of the laws of 1965, are amended to read as
follows:
  5. The authority may, whenever it determines that it is in the  inter-
est  of  the  authority,  dispose of any real property or property other
than real property, which it determines is not necessary, convenient  or
desirable for its purposes.  SUCH DISPOSALS OF REAL OR PERSONAL PROPERTY
MAY  BE NEGOTIATED OR MADE BY PUBLIC AUCTION AS PERMITTED BY SUBDIVISION
SIX OF SECTION TWENTY-EIGHT HUNDRED NINETY-SEVEN OF THIS CHAPTER AND MAY
ALSO BE MADE BY NEGOTIATION IF:
  (A) THE CHARACTER OR CONDITION OF THE  PROPERTY,  THE  NATURE  OF  THE
INTEREST  TO  BE CONVEYED, OR OTHER UNIQUE CIRCUMSTANCES OF THE DISPOSAL
MAKE IT IMPRACTICABLE TO ADVERTISE PUBLICLY; AN APPRAISAL OF  THE  ESTI-
MATED  FAIR MARKET VALUE OF THE PROPERTY HAS BEEN MADE BY AN INDEPENDENT
APPRAISER AND INCLUDED IN THE RECORD OF THE TRANSACTION; AND THE CONSID-
ERATION RECEIVED BY THE AUTHORITY FOR THE PROPERTY, INCLUDING THE  VALUE
OF  OTHER  PROPERTY  EXCHANGED,  WILL  NOT  BE  LESS THAN THE PROPERTY'S
APPRAISED VALUE; OR
  (B) THE DISPOSAL IS MADE TO A GOVERNMENT OR OTHER PUBLIC  ENTITY,  AND
THE  TERMS AND CONDITIONS OF THE TRANSFER REQUIRE THAT THE OWNERSHIP AND
USE OF THE PROPERTY WILL REMAIN WITH  THE  GOVERNMENT  OR  OTHER  PUBLIC
ENTITY,  OR  THE  DISPOSAL IS PART OF A TRANSACTION THAT FURTHERS AND IS
WITHIN THE AUTHORITY'S PURPOSE OR MISSION AND THE APPRAISED VALUE OF THE
PROPERTY AND OTHER SATISFACTORY TERMS OF DISPOSAL ARE OBTAINED.
  6. The authority may, whenever it shall determine that it  is  in  the
interest  of  the authority, rent, lease, [or] grant, MODIFY OR EXCHANGE
easements or other rights in, any land or property of the authority  AND
TO  THE EXTENT SUCH A LEASE, GRANT, MODIFICATION OR EXCHANGE IS DEEMED A
DISPOSAL THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION SHALL APPLY.
  S 6. Subdivision 1 of section 119-r of the general municipal  law,  as
added by chapter 717 of the laws of 1967, is amended to read as follows:
  1.  To  assure  the  provision  of mass transportation services to the
public at adequate levels and at  reasonable  cost,  every  city,  town,
village  or  county not wholly contained within a city, shall have power
to adopt local laws to authorize:
  a. The acquisition, construction, reconstruction, improvement,  equip-
ment, maintenance, FINANCING, or operation of one or more mass transpor-
tation  projects.  Such municipal corporation shall have power to occupy
or use any of the streets, roads, highways,  avenues,  parks  or  public
places  of  such  municipal  corporation  therefor and to agree upon and
contract for the terms and conditions thereof.
  b. The making of a  contract  or  contracts  for  the  acquisition  by
purchase  of  all or any part of the property, plant and equipment of an
existing mass transportation facility actually used and useful  for  the
convenience of the public.

S. 6408                            18                            A. 9008

  c.  The  making  of  a  contract or contracts with any person, firm or
corporation, including a public authority, for  the  equipment,  mainte-
nance  or  operation  of a mass transportation facility owned, acquired,
constructed, reconstructed or improved by it.
  d.  The  making  of  a contract or contracts for a fair and reasonable
consideration for mass transportation services to  be  rendered  to  the
public  by  a  privately-owned or operated mass transportation facility.
Such power shall include but not be limited to the power to  appropriate
funds for payment of such consideration, and to provide that all or part
of  such  consideration  shall be in the form of capital equipment to be
furnished to and used and maintained by such privately-owned or operated
mass transportation facility.
  e. The making of unconditional grants of money or property to a public
authority providing mass transportation services to all or part of  such
municipal  corporation in order to assist such public authority in meet-
ing its capital or operating expenses,  provided  such  money  does  not
consist of borrowed funds and such property has not been acquired by the
use  of  borrowed  funds.  Such purpose is hereby declared to be county,
city, town or village purposes, respectively.  The  provisions  of  this
paragraph  are  intended  as  enabling legislation only and shall not be
interpreted as implying that absent their enactment a  municipal  corpo-
ration  would lack the power to authorize any such grant; but they shall
not be interpreted as an authorization to public  authorities  generally
to  accept  such  grants.  The  acceptance of any such grant by a public
authority shall not operate to make such  authority  an  agency  of  the
municipal corporation making the grant.
  F.  THE  MAKING  OF  A  CONTRACT  WITH THE METROPOLITAN TRANSPORTATION
AUTHORITY, BY ITSELF OR WITH ONE OR MORE OTHER  MUNICIPAL  CORPORATIONS,
WHICH  SHALL  CONSTITUTE  A  JOINT ARRANGEMENT AS DEFINED IN SUBDIVISION
NINE-A OF SECTION TWELVE HUNDRED SIXTY-ONE  OF  THE  PUBLIC  AUTHORITIES
LAW,  TO  ASSIST  THE  AUTHORITY  IN  MEETING  ITS  CAPITAL OR OPERATING
EXPENSES IN PROVIDING MASS TRANSPORTATION SERVICES OF BENEFIT TO ALL  OR
PART  OF SUCH MUNICIPAL CORPORATION, INCLUDING UNDERTAKING A MASS TRANS-
PORTATION CAPITAL PROJECT IN OR NEAR THE  MUNICIPAL  CORPORATION.  UNDER
SUCH  A JOINT ARRANGEMENT, A MUNICIPAL CORPORATION MAY, ACCORDING TO THE
TERMS OF THE CONTRACT WITH THE AUTHORITY, ESTABLISH,  LEVY  AND  COLLECT
SUCH FARES, TOLLS, RENTALS, RATES, TAXES, ASSESSMENTS, CHARGES AND OTHER
FEES  AND MAY CONDITIONALLY OR UNCONDITIONALLY GRANT OR PLEDGE A PORTION
OF ITS REVENUES ALLOCATED ACCORDING TO SUBDIVISION E OF THIS SECTION.
  G. THE DESIGNATION OF A MASS TRANSPORTATION CAPITAL  PROJECT  DISTRICT
THAT A MUNICIPAL CORPORATION DEFINES AS BENEFITTING FROM ANY MASS TRANS-
PORTATION CAPITAL PROJECT. UPON DESIGNATING SUCH A DISTRICT, THE MUNICI-
PAL CORPORATION MAY ALLOCATE A PORTION OF ITS REVENUES FROM THE DISTRICT
ACCORDING  TO  TERMS  IT DESIGNS OR HAS AGREED TO BY CONTRACT.  NOTWITH-
STANDING ANY OTHER LAW, THE MUNICIPAL CORPORATION MAY, IN ALLOCATING AND
COLLECTING REVENUES FROM THE DISTRICT, MAKE USE OF ONE OR  MORE  METHODS
TO  CAPTURE  THE VALUE CREATED BY A MASS TRANSPORTATION CAPITAL PROJECT,
INCLUDING, BUT NOT LIMITED TO:
  (I) TAX INCREMENT FINANCING, MEANING THE ALLOCATION OF AN INCREMENT OF
PROPERTY TAX REVENUES IN EXCESS OF THE AMOUNT LEVIED AT THE  TIME  PRIOR
TO PLANNING OF A MASS TRANSPORTATION CAPITAL PROJECT;
  (II)  A  SPECIAL  TRANSPORTATION  ASSESSMENT, MEANING A CHARGE IMPOSED
UPON BENEFITED REAL PROPERTY IN PROPORTION TO THE  BENEFIT  RECEIVED  BY
SUCH  PROPERTY  FROM  A MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL
NOT CONSTITUTE A TAX;

S. 6408                            19                            A. 9008

  (III) A TRANSPORTATION  UTILITY  FEE,  MEANING  A  CHARGE  IMPOSED  IN
PROPORTION  TO THE BENEFIT RECEIVED FROM OR THE DEMAND IMPOSED ON A MASS
TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX;
  (IV)  LAND  VALUE  TAXATION, MEANING THE ALLOCATION OF AN INCREMENT OF
TAX REVENUES GAINED FROM LEVYING TAXES ON THE ASSESSED VALUE OF  TAXABLE
LAND  AT  A HIGHER RATE THAN THE IMPROVEMENTS, AS DEFINED IN SUBDIVISION
TWELVE OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW;
  (V) SOME COMBINATION OF THE ABOVE OR OTHER METHODS OF GAINING REVENUES
THAT THE MUNICIPAL CORPORATION IS EMPOWERED TO USE,  PROVIDED  THAT  THE
TOTAL  AMOUNT  OF ALL TAXES, ASSESSMENTS, FEES, CHARGES, OR RATES LEVIED
ON EACH PARCEL OR LOT UNDER THIS SECTION SHALL BE LIMITED TO  A  PROPOR-
TIONATE  AMOUNT AS NEAR AS POSSIBLE TO THE ACTUAL BENEFIT WHICH EACH LOT
OR PARCEL WILL DERIVE FROM THE MASS TRANSPORTATION CAPITAL PROJECT;
  (VI) WITHIN ANY MASS TRANSPORTATION CAPITAL PROJECT  DISTRICT  THAT  A
MUNICIPAL  CORPORATION  SHALL DESIGNATE, ANY LIMIT OR CAP TO THE LEVY OR
PROPERTY TAXES OR ASSESSMENT OF TAXABLE VALUE SHALL NOT APPLY.
  S 7. Paragraph (g) of subdivision 2 of  section  3-c  of  the  general
municipal  law  is  amended  by adding a new subparagraph (v) to read as
follows:
  (V) A TAX LEVY WITHIN A MASS TRANSPORTATION CAPITAL PROJECT  DISTRICT,
DESIGNATED PURSUANT TO ARTICLE FIVE-I OF THE GENERAL MUNICIPAL LAW.
  S  8. This act shall take effect immediately; provided that the amend-
ment made to section 3-c of the general municipal law by  section  seven
of  this  act  shall  not affect the repeal of said section and shall be
deemed repealed therewith.

                                 PART D

  Section 1. Section 399-l of the vehicle and traffic law, as  added  by
chapter 751 of the laws of 2005, is amended to read as follows:
  S  399-l.  Application.  Applicants  for  participation  in  the pilot
program established pursuant to this article shall be among those  acci-
dent  prevention  course sponsoring agencies that have a course approved
by the commissioner pursuant to article twelve-B of this title prior  to
the  effective date of this article and which deliver such course to the
public.  Provided,  however,  the  commissioner  may,  in  his  or   her
discretion,  approve  applications  after  such  date.  In  order  to be
approved for participation in such pilot program, the course must comply
with the provisions of law, rules and  regulations  applicable  thereto.
The  commissioner  may,  in  his or her discretion, impose a fee for the
submission of each application  to  participate  in  the  pilot  program
established  pursuant  to  this article. Such fee shall not exceed seven
thousand five hundred dollars. The  proceeds  from  such  fee  shall  be
deposited  [in  the accident prevention course internet technology pilot
program fund as  established  by  section  eighty-nine-g  of  the  state
finance  law] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND
PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-
LISHED  PURSUANT  TO  SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
  S 2. Subdivision 2 of  section  89-g  of  the  state  finance  law  is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
  S 3. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance  law  and  the vehicle and traffic law relating to establishing the
accident prevention course internet technology pilot program, as amended
by section 1 of part E of chapter 57 of the laws of 2014, is amended  to
read as follows:

S. 6408                            20                            A. 9008

  S 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law and shall expire and be deemed repealed [May
31, 2019] APRIL 1, 2020; provided that any rules and regulations  neces-
sary  to  implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.
  S  4.  Paragraph  a of subdivision 5 of section 410 of the vehicle and
traffic law, as amended by section 16 of part G of  chapter  59  of  the
laws of 2009, is amended to read as follows:
  a.  The  annual fee for registration or reregistration of a motorcycle
shall be eleven dollars and fifty cents.  Beginning April  first,  nine-
teen hundred ninety-eight the annual fee for registration or reregistra-
tion  of  a  motorcycle  shall  be seventeen dollars and fifty cents, of
which two dollars and fifty cents shall be deposited BY THE  COMPTROLLER
into  the  [motorcycle safety fund established pursuant to section nine-
ty-two-g of the  state  finance  law]  SPECIAL  OBLIGATION  RESERVE  AND
PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE  LAW  FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
  S  5.  Paragraph  (c-1) of subdivision 2 of section 503 of the vehicle
and traffic law, as added by chapter 435 of the laws of 1997, is amended
to read as follows:
  (c-1) In addition to the fees established in paragraphs (b) and (c) of
this subdivision, a fee of fifty cents for each six  months  or  portion
thereof of the period of validity shall be paid upon the issuance of any
permit, license or renewal of a license which is valid for the operation
of  a motorcycle, except a limited use motorcycle. Fees collected pursu-
ant to this paragraph shall be deposited BY  THE  COMPTROLLER  into  the
[motorcycle  safety fund established pursuant to section ninety-two-g of
the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF
THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTABLISHED  PURSUANT  TO
SECTION  EIGHTY-NINE-B  OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB-
LISHED IN THIS SECTION.
  S 6. Subdivision 2 of  section  92-g  of  the  state  finance  law  is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
  S 7. Section 92-g of the state finance law is REPEALED.
  S 8. Section 317 of the vehicle and traffic law is amended by adding a
new subdivision 5 to read as follows:
  5.  ALL ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT
TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO  THE  SPECIAL
OBLIGATION  RESERVE  AND  PAYMENT  ACCOUNT  OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B  OF  THE
STATE FINANCE LAW.
  S  9.  Paragraph  (b) of subdivision 1-a of section 318 of the vehicle
and traffic law, as amended by section 1-b of part A of  chapter  63  of
the laws of 2005, is amended to read as follows:
  (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
sion, an order of suspension issued pursuant to paragraph (a) or (e)  of
this subdivision may be terminated if the registrant pays to the commis-
sioner a civil penalty in the amount of eight dollars for each day up to
thirty  days  for  which  financial security was not in effect, plus ten
dollars for each day from the thirty-first to the sixtieth day for which
financial security was not in effect, plus twelve dollars for  each  day
from  the  sixty-first to the ninetieth day for which financial security
was not in effect. Of each eight dollar penalty,  six  dollars  will  be
deposited  in  the  general  fund  and two dollars in the [miscellaneous
special revenue fund - compulsory insurance account] SPECIAL  OBLIGATION

S. 6408                            21                            A. 9008

RESERVE  AND  PAYMENT  ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST
FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE
LAW  FOR  THE  PURPOSES  ESTABLISHED IN THIS SECTION. Of each ten dollar
penalty  collected,  six  dollars will be deposited in the general fund,
two dollars will be deposited in the [miscellaneous special revenue fund
- compulsory insurance account] SPECIAL OBLIGATION RESERVE  AND  PAYMENT
ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND  BRIDGE TRUST FUND ESTABLISHED
PURSUANT TO SECTION EIGHTY-NINE-B OF  THE  STATE  FINANCE  LAW  FOR  THE
PURPOSES ESTABLISHED IN THIS SECTION, and two dollars shall be deposited
in  the  dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law and  the  dedicated  mass
transportation fund established pursuant to section eighty-nine-c of the
state  finance law and distributed according to the provisions of subdi-
vision (d) of section three hundred one-j of the tax law. Of each twelve
dollar penalty collected, six dollars will be deposited into the general
fund, two dollars will be  deposited  into  the  [miscellaneous  special
revenue  fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE
AND PAYMENT ACCOUNT OF THE  DEDICATED  HIGHWAY  AND  BRIDGE  TRUST  FUND
ESTABLISHED  PURSUANT  TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW
FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and four dollars shall  be
deposited  in  the  dedicated  highway and bridge trust fund established
pursuant to section eighty-nine-b of the state finance law and the dedi-
cated mass transportation fund established pursuant to  section  eighty-
nine-c  of  the  state  finance  law  and  distributed  according to the
provisions of subdivision (d) of section three hundred one-j of the  tax
law. The foregoing provision shall apply only once during any thirty-six
month  period  and only if the registrant surrendered the certificate of
registration and number plates to the commissioner not more than  ninety
days  from  the  date of termination of financial security or submits to
the commissioner new proof of financial security which took  effect  not
more than ninety days from the termination of financial security.
  S  10.  Section  423-a  of  the  vehicle and traffic law is amended by
adding a new subdivision 6 to read as follows:
  6. ALL FUNDS COLLECTED FROM THE DEPARTMENT'S  SHARE  OF  THE  SALE  OF
ASSETS  PURSUANT  TO  THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER
INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED
HIGHWAY  AND  BRIDGE  TRUST  FUND  ESTABLISHED   PURSUANT   TO   SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S  11.  Paragraph  (a)  of  subdivision 3 of section 89-b of the state
finance law, as amended by section 8 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
fifteen and eleven hundred sixty-seven of  the  tax  law,  section  four
hundred  one  of  the vehicle and traffic law, and section thirty-one of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
AND THE COMMISSIONER OF MOTOR VEHICLES pursuant  to  section  fifty-two,
section  three  hundred  twenty-six, section eighty-eight of the highway
law, subdivision fifteen of section three hundred  eighty-five,  SECTION
FOUR  HUNDRED  TWENTY-THREE-A,  SECTION  FOUR HUNDRED TEN, SECTION THREE
HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND
PARAGRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of  the
vehicle  and  traffic law, section two of the chapter of the laws of two

S. 6408                            22                            A. 9008

thousand three that amended this paragraph, subdivision (d)  of  section
three  hundred  four-a, paragraph one of subdivision (a) and subdivision
(d) of section three hundred five, subdivision  six-a  of  section  four
hundred  fifteen and subdivision (g) of section twenty-one hundred twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting moneys deposited with the  state  on  account  of  betterments
performed  pursuant  to  subdivision twenty-seven or subdivision thirty-
five of section ten of the highway law, and  sections  ninety-four,  one
hundred thirty-five, [one hundred forty-four] and one hundred forty-five
of  the transportation law, (iii) any moneys collected by the department
of transportation for services provided pursuant to  agreements  entered
into  in  accordance with section ninety-nine-r of the general municipal
law, (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES,  and
[(iv)]  (V)  any  other  moneys collected therefor or credited or trans-
ferred thereto from any other fund, account or source.
  S 12. Paragraph (a) of subdivision 3 of  section  89-b  of  the  state
finance law, as amended by section 9 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
eighty-nine-e, three hundred one-j,  five  hundred  fifteen  and  eleven
hundred  sixty-seven  of  the  tax  law, section four hundred one of the
vehicle and traffic law, and section thirty-one of chapter fifty-six  of
the  laws  of  nineteen  hundred  ninety-three,  (ii) all fees, fines or
penalties collected  by  the  commissioner  of  transportation  AND  THE
COMMISSIONER  OF  MOTOR  VEHICLES pursuant to section fifty-two, section
three hundred twenty-six,  section  eighty-eight  of  the  highway  law,
subdivision  fifteen  of section three hundred eighty-five, SECTION FOUR
HUNDRED TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE  HUNDRED
SEVENTEEN,  SECTION  THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND PARA-
GRAPH (C-1) OF SUBDIVISION TWO OF SECTION  FIVE  HUNDRED  THREE  of  the
vehicle  and  traffic  law,  section  fifteen of this chapter, excepting
moneys deposited with the state  on  account  of  betterments  performed
pursuant  to  subdivision  twenty-seven  or  subdivision  thirty-five of
section ten of the highway law, and sections  ninety-four,  one  hundred
thirty-five,  [one hundred forty-four] and one hundred forty-five of the
transportation law, (iii) any moneys  collected  by  the  department  of
transportation for services provided pursuant to agreements entered into
in  accordance  with section ninety-nine-r of the general municipal law,
(IV) ANY MONEYS COLLECTED BY  THE  DEPARTMENT  OF  MOTOR  VEHICLES,  and
[(iv)]  (V)  any  other  moneys collected therefor or credited or trans-
ferred thereto from any other fund, account or source.
  S 13. This act shall take effect immediately; provided, however,  that
section  seven  of  this  act  shall take effect April 1, 2020; provided
further, however, that the amendments to section 399-1  of  the  vehicle
and  traffic  law  made  by section one of this act shall not affect the
repeal of such section and  shall  be  deemed  repealed  therewith;  and
provided  further,  however,  that  the  amendments  to paragraph (a) of
subdivision 3 of section 89-b of the state finance law made  by  section
eleven  of  this act shall be subject to the expiration and reversion of
such paragraph pursuant to section 13 of part U1 of chapter  62  of  the
laws  of 2003, as amended, when upon such date the provisions of section
twelve of this act shall take effect.

                                 PART E

S. 6408                            23                            A. 9008

  Section 1. Subparagraph (vi) of paragraph  (b)  of  subdivision  2  of
section  501  of the vehicle and traffic law, as added by chapter 173 of
the laws of 1990, is amended to read as follows:
  (vi)  Farm endorsement. Shall be required to operate a farm vehicle or
a combination of farm vehicles which may not be operated with a class C,
D or E license AND WHICH IS USED TO  TRANSPORT  HAZARDOUS  MATERIALS  AS
DEFINED  IN  SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANS-
PORTATION ACT, PUBLIC LAW 93-633 TITLE I, WHEN THE VEHICLE  TRANSPORTING
SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS
REGULATION,  49  CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY
OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART  73.    The
identification  and  scope of any such endorsement or endorsements shall
be as prescribed by regulation of the commissioner.  Such identification
and scope shall, at a minimum, include a distinction between the  opera-
tion  of  a  farm vehicle having a GVWR of more than twenty-six thousand
pounds within one hundred fifty miles of the person's farm and the oper-
ation of a combination of farm vehicles having a GVWR of more than twen-
ty-six thousand pounds within one hundred fifty miles  of  the  person's
farm.
  S  2.  Subparagraph  (i)  of paragraph (b) of subdivision 4 of section
501-a of the vehicle and traffic law, as amended by chapter  36  of  the
laws of 2009, is amended to read as follows:
  (i)  a  personal use vehicle, A COVERED FARM VEHICLE or a farm vehicle
or a combination of such vehicles;
  S 3. Subdivision 7 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended and a new  subdivi-
sion 9 is added to read as follows:
  7.  Farm  vehicle. A vehicle having a GVWR of not more than twenty-six
thousand pounds which is controlled and operated by a farmer, is used to
transport agricultural products, farm machinery, farm supplies or all of
the aforementioned to or from the farm and is not used in the operations
of a common or contract motor carrier and, such a vehicle having a  GVWR
of  more  than  twenty-six  thousand  pounds while being used within one
hundred fifty miles of the person's farm, AND SUCH VEHICLE  IS  USED  TO
TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF
THE  HAZARDOUS MATERIALS TRANSPORTATION ACT, PUBLIC LAW 93-633, TITLE I,
WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED
UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F  OR
IS  TRANSPORTING  ANY  QUANTITY  OF MATERIAL LISTED AS A SELECT AGENT OR
TOXIN IN 42 CFR PART 73; PROVIDED, HOWEVER, A FARM VEHICLE MAY  ONLY  BE
OPERATED  IN ANOTHER STATE IF SUCH STATE PERMITS THE OPERATION OF A FARM
VEHICLE IN SUCH STATE.
  9. COVERED FARM VEHICLE. (A) A  VEHICLE  OR  COMBINATION  OF  VEHICLES
REGISTERED  IN  THIS  STATE,  WHICH  (I) DISPLAYS A COVERED FARM VEHICLE
DESIGNATION ISSUED BY THE COMMISSIONER, (II) OPERATED BY  THE  OWNER  OR
OPERATOR OF A FARM OR RANCH, OR AN EMPLOYEE OR FAMILY MEMBER OF AN OWNER
OR  OPERATOR  OF  A  FARM OR RANCH, (III) USED TO TRANSPORT AGRICULTURAL
COMMODITIES, LIVESTOCK, MACHINERY OR SUPPLIES  TO  OR  FROM  A  FARM  OR
RANCH,  (IV)  NOT  USED  IN  FOR-HIRE MOTOR CARRIER OPERATIONS; HOWEVER,
FOR-HIRE MOTOR CARRIER OPERATIONS DO NOT INCLUDE OPERATION BY  A  TENANT
PURSUANT  TO  A  CROP  SHARE FARM LEASE AGREEMENT TO TRANSPORT THE LAND-
LORD'S PORTION OF THE CROPS UNDER THAT AGREEMENT; AND (V) NOT  USED  FOR
THE TRANSPORTATION OF HAZARDOUS MATERIALS.
  (B)  A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI-
CLE WEIGHT RATING, WHICHEVER IS GREATER, OF TWENTY-SIX  THOUSAND  POUNDS
OR LESS, MAY OPERATE ANYWHERE IN THE UNITED STATES.

S. 6408                            24                            A. 9008

  (C)  A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI-
CLE WEIGHT RATING, WHICHEVER IS GREATER, OF MORE THAN  TWENTY-SIX  THOU-
SAND  POUNDS,  MAY  OPERATE ANYWHERE IN THIS STATE OR ACROSS STATE LINES
WITHIN ONE HUNDRED FIFTY AIR MILES OF THE FARM OR RANCH. THE OPERATOR OF
SUCH  A COVERED FARM VEHICLE SHALL OBTAIN AN ENDORSEMENT AS PROVIDED FOR
IN PARAGRAPH (D) OF THIS SUBDIVISION.
  (D) THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AN ENDORSEMENT OR
ENDORSEMENTS FOR THE OPERATION OF COVERED FARM  VEHICLES  WEIGHING  MORE
THAN  TWENTY-SIX  THOUSAND  POUNDS. THE IDENTIFICATION AND SCOPE OF SUCH
ENDORSEMENT OR ENDORSEMENTS SHALL, AT A MINIMUM, INCLUDE  A  DISTINCTION
BETWEEN  THE  OPERATION OF A COVERED FARM VEHICLE HAVING A GROSS VEHICLE
WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE THAN  TWENTY-SIX  THOUSAND
POUNDS  AND  THE  OPERATION  OF  A  COMBINATION OF COVERED FARM VEHICLES
HAVING A GROSS VEHICLE WEIGHT OR GROSS VEHICLE  WEIGHT  RATING  OF  MORE
THAN TWENTY-SIX THOUSAND POUNDS.
  (E)  FOR THE PURPOSES OF THIS SUBDIVISION, THE GROSS VEHICLE WEIGHT OF
A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD.
  S 4. Subparagraph (iv) of paragraph (b) of subdivision  2  of  section
501  of the vehicle and traffic law, as added by chapter 173 of the laws
of 1990, is amended to read as follows:
  (iv) P endorsement. Shall be required to operate a bus as  defined  in
sections one hundred four and five hundred nine-a of this chapter OR ANY
MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING
OF  MORE  THAN TWENTY-SIX THOUSAND POUNDS WHICH IS DESIGNED TO TRANSPORT
PASSENGERS IN COMMERCE. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE  GROSS
VEHICLE  WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE
AND THE LOAD.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART F

  Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York  state  urban  development
corporation  act, as amended by section 1 of part M of chapter 58 of the
laws of 2015, is amended to read as follows:
  3. The provisions of this section shall  expire,  notwithstanding  any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2016] 2017.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2016.

                                 PART G

  Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
New York state urban development corporation act, relating to the powers
of  New  York  state  urban  development  corporation  to make loans, as
amended by section 1 of part N of chapter 58 of the  laws  of  2015,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2016]  2017,  at  which
time the provisions of subdivision 26 of section 5 of the New York state
urban  development  corporation  act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such  subdivision
as provided for herein shall be deemed to affect or impair in any manner

S. 6408                            25                            A. 9008

any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART H

  Section 1. This act shall be known and may be cited as the  "Transfor-
mational Economic Development Infrastructure and Revitalization Projects
act".
  S  2.  Definitions.  For the purposes of this act, the following terms
shall have the following meanings:
  1. "Transformational Economic Development Infrastructure and Revitali-
zation Projects act" or "projects" shall include  construction  projects
in  the  county  of  New York related to the Jacob V.  Javits Convention
Center, the Empire State Station Complex, the James A.  Farley  Building
Replacement,  and  the  Pennsylvania Station New York Redevelopment. The
term "project" shall refer to any of these construction projects.
  2. "Authorized entity" shall mean the New York State Urban Development
Corporation, the New York Convention Center Development Corporation, and
their subsidiaries.
  3. "Best value" shall  mean  the  basis  for  awarding  contracts  for
services to the bidder that optimize quality, cost and efficiency, price
and performance criteria, which may include, but is not limited to:
  (a) The quality of the contractor's performance on previous projects;
  (b)  The  timeliness  of  the  contractor's  performance  on  previous
projects;
  (c) The level of customer satisfaction with the contractor's  perform-
ance on previous projects;
  (d)  The contractor's record of performing previous projects on budget
and ability to minimize cost overruns;
  (e) The contractor's ability to limit change orders;
  (f) The contractor's ability to prepare appropriate project plans;
  (g) The contractor's technical capacities;
  (h) The individual qualifications of the contractor's key personnel;
  (i) The contractor's ability to assess and manage  risk  and  minimize
risk impact; and
  (j)  The  contractor's  past record of encouraging women and minority-
owned business enterprise participation and compliance with article 15-A
of the executive law.
  Such basis shall reflect, wherever possible, objective  and  quantifi-
able analysis.
  4. "Design-build contract" shall mean, in conformity with the require-
ments  of  this  act,  a contract for the design and construction of the
projects with a single entity, which may be a team comprised of separate
entities.
  5. "Procurement record" shall mean documentation of the decisions made
and the approach taken in the procurement process.
  6. "Project labor agreement" shall mean a pre-hire collective bargain-
ing agreement  between  a  contractor  and  a  bona  fide  building  and
construction  trade  labor organization establishing the labor organiza-
tion as the collective bargaining representative  for  all  persons  who
will  perform work on the project, and which provides that only contrac-
tors and subcontractors who sign a  pre-negotiated  agreement  with  the
labor organization can perform project work.

S. 6408                            26                            A. 9008

  S  3.  Notwithstanding section 103 of the general municipal law or the
provisions of any other law to the  contrary,  in  conformity  with  the
requirements  of  this  act,  and only when a project labor agreement is
performed, the authorized entity may utilize  the  alternative  delivery
method  referred  to  as  a  design-build  contract for the project. The
authorized entity shall ensure that its procurement record reflects  the
design-build contract process authorized by this act.
  S  4.  An  entity  selected  by  the authorized entity to enter into a
design-build contract for the project shall be selected through  a  two-
step method, as follows:
  1.  Step  one. Generation of a list of entities that have demonstrated
the general capability  to  perform  a  design-build  contract  for  the
project.  Such  list shall consist of a specified number of entities, as
determined by the authorized entity, and shall be generated  based  upon
the  authorized  entity's  review  of responses to a publicly advertised
request for qualifications for  the  project.  The  authorized  entity's
request  for  qualifications  for  the  project  shall include a general
description of the  project,  the  maximum  number  of  entities  to  be
included  on the list, and the selection criteria to be used in generat-
ing the list. Such selection criteria shall include  the  qualifications
and experience of the design and construction team, organization, demon-
strated responsibility, ability of the team or of a member or members of
the   team   to  comply  with  applicable  requirements,  including  the
provisions of articles 145, 147 and  148  of  the  education  law,  past
record  of  compliance  with  the  labor  law  including prevailing wage
requirements under state and federal law; the past record of  compliance
with   existing   labor   standards  and  maintaining  harmonious  labor
relations; the record of protecting the health and safety of workers  on
public  works  projects  and job sites as demonstrated by the experience
modification rate for each of the  last  three  years;  the  prospective
bidder's  ability  to  undertake  the  particular type and complexity of
work; the financial capability, responsibility and  reliability  of  the
prospective bidder for such type and complexity of work; the prospective
bidder's  compliance  with equal employment opportunity requirements and
anti-discrimination laws, and demonstrated commitment  to  working  with
minority  and  women-owned  businesses through joint ventures or subcon-
tractor relationships; whether or not the prospective bidder or a person
or entity with an interest of at least ten per centum in the prospective
bidder, is debarred for  having  disregarded  obligations  to  employees
under  the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12
and such other qualifications the authorized  entity  deems  appropriate
which  may  include but are not limited to project understanding, finan-
cial capability and record of past performance.  The  authorized  entity
shall evaluate and rate all entities responding to the request for qual-
ifications.  Based  upon  such ratings, the authorized entity shall list
the entities that shall receive a request for  proposals  in  accordance
with  subdivision  two  of  this  section. To the extent consistent with
applicable federal law,  the  authorized  entity  shall  consider,  when
awarding  any  contract  pursuant to this section, the participation of:
(a) firms certified pursuant to article 15-A of  the  executive  law  as
minority  or  women-owned businesses and the ability of other businesses
under consideration to work with minority and women-owned businesses  so
as to promote and assist participation by such businesses; and (b) small
business  concerns  identified  pursuant  to  subdivision (b) of section
139-g of the state finance law.

S. 6408                            27                            A. 9008

  2. Step two. Selection of the proposal which is the best value to  the
authorized  entity.  The  authorized  entity  shall  issue a request for
proposals for the project to the entities listed pursuant to subdivision
one of this section. If such an entity consists of a  team  of  separate
entities,  the  entities that comprise such a team must remain unchanged
from the entity as listed pursuant to subdivision one  of  this  section
unless  otherwise  approved  by the authorized entity.   The request for
proposals for the project shall set forth the project's scope  of  work,
and  other  requirements,  as  determined by the authorized entity.  The
request for proposals shall specify the criteria to be used to  evaluate
the responses and the relative weight of each such criteria. Such crite-
ria  shall  include  the  proposal's cost, the quality of the proposal's
solution, the qualifications and experience of the design-build  entity,
and  other  factors deemed pertinent by the authorized entity, which may
include, but shall not be limited to, the proposal's project implementa-
tion, ability to complete the work in a timely and satisfactory  manner,
maintenance  costs  of  the  completed  project,  maintenance of traffic
approach, and community impact. Any contract awarded  pursuant  to  this
act shall be awarded to a responsive and responsible entity that submits
the  proposal,  which,  in  consideration  of  these and other specified
criteria deemed pertinent to the project, offers the best value  to  the
authorized  entity,  as  determined by the authorized entity. Nothing in
this act shall be construed to prohibit the authorized entity from nego-
tiating final contract terms and conditions including cost.
  3. Notwithstanding the foregoing provisions of this section, when  any
person  or  entity  is  debarred  for  having disregarded obligations to
employees under the Davis-Bacon Act pursuant to 40 U.S.C.  3144  and  29
C.F.R.  5.12, such person or entity, and any firm, corporation, partner-
ship or association in which the person or entity owns  or  controls  at
least  ten  per  centum,  shall  be  ineligible to submit a bid on or be
awarded any contract authorized by this act while the name of the person
or entity is published in the list of debarred contractors  pursuant  to
40 U.S.C. 3144. The department of labor will notify the person or entity
immediately  of  such  ineligibility  and  such person or entity must be
afforded the opportunity to appeal to the department of labor.
  S 5. Any contract entered into pursuant to this act  shall  include  a
clause  requiring  that  any professional services regulated by articles
145, 147 and 148 of the education law shall be performed and stamped and
sealed, where appropriate, by a professional licensed in accordance with
such articles.
  S 6. The construction, demolition, reconstruction,  excavation,  reha-
bilitation,  repair, renovation of the project undertaken by the author-
ized entity pursuant to this act shall be deemed a "public work"  to  be
performed  in  accordance  with the provisions of article 8 of the labor
law, as well as subject to sections 200, 240, 241 and 242 of  the  labor
law  and  enforcement  of  prevailing  wage requirements by the New York
state department of labor.
  S 7. A project labor agreement shall be included in  the  request  for
proposals  for the project, provided that, based upon a study done by or
for the authorized entity, the authorized  entity  determines  that  its
interests  are  best  met  by  requiring  a project labor agreement. The
authorized entity   shall conduct such a study  and  the  project  labor
agreement  shall  be performed consistent with the provisions of section
222 of the labor law. If a project labor agreement is not  performed  on
the  project; (1) the authorized entity shall not utilize a design-build

S. 6408                            28                            A. 9008

contract for the project; and (2) sections 101 and 103  of  the  general
municipal law shall apply to the project.
  S  8.  Each contract entered into by the authorized entity pursuant to
this act shall comply, whenever practical, with the objectives and goals
of minority and women-owned business  enterprises  pursuant  to  article
15-A of the executive law or, if the project receives federal aid, shall
comply  with  applicable federal requirements for disadvantaged business
enterprises.
  S 9. The project undertaken by the authorized entity pursuant to  this
act  shall  be  subject to the requirements of article 8 of the environ-
mental conservation law, and, where applicable, the requirements of  the
national environmental policy act.
  S 10.  The submission of a proposal or responses or the execution of a
design-build  contract pursuant to this act shall not be construed to be
a violation of section 6512 of the education law.
  S 11. Nothing contained in this act shall limit  the  right  or  obli-
gation  of  the  authorized  entity to comply with the provisions of any
existing contract, including any existing contract with or for the bene-
fit of the holders of the obligations of the authorized  entity,  or  to
award contracts as otherwise provided by law.
  S 12. This act shall take effect immediately.

                                 PART I

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART J

  Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
research  and  development  authority  for  services and expenses of the
energy  research,  development  and  demonstration  program,   including
grants,  the energy policy and planning program, and the Fuel NY program
shall be subject to the provisions of this section. Notwithstanding  the
provisions of subdivision 4-a of section 18-a of the public service law,
all  moneys committed or expended in an amount not to exceed $19,700,000
shall be reimbursed by assessment against gas corporations,  as  defined
in  subdivision  11  of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section  2  of  the  public
service  law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of  $500,000
in  the  preceding  calendar  year,  and  the  total amount which may be
charged to any gas corporation and any electric  corporation  shall  not
exceed  one  cent  per one thousand cubic feet of gas sold and .010 cent
per kilowatt-hour of electricity sold  by  such  corporations  in  their
intrastate  utility operations in calendar year 2014. Such amounts shall
be excluded from the general assessment provisions of subdivision  2  of
section  18-a of the public service law. The chair of the public service
commission shall bill such gas and/or  electric  corporations  for  such
amounts  on  or before August 10, 2016 and such amounts shall be paid to
the New York state energy  research  and  development  authority  on  or
before  September  10,  2016.  Upon  receipt,  the New York state energy

S. 6408                            29                            A. 9008

research and development authority shall deposit such funds in the ener-
gy research and  development  operating  fund  established  pursuant  to
section  1859  of  the public authorities law. The New York state energy
research  and  development  authority is authorized and directed to: (1)
transfer $1 million to the state general fund for services and  expenses
of the department of environmental conservation and to transfer $750,000
to  the University of Rochester laboratory for laser energetics from the
funds received; and (2) commencing in 2016, provide to the chair of  the
public  service commission and the director of the budget and the chairs
and secretaries of the  legislative  fiscal  committees,  on  or  before
August  first  of each year, an itemized record, certified by the presi-
dent and chief executive officer of the authority, or his or her  desig-
nee,  detailing  any  and all expenditures and commitments ascribable to
moneys received as a result of this  assessment  by  the  chair  of  the
department  of  public  service  pursuant  to section 18-a of the public
service law.  This itemized record shall include an  itemized  breakdown
of the programs being funded by this section and the amount committed to
each  program.   The authority shall not commit for any expenditure, any
moneys derived from the assessment provided for in this  section,  until
the  chair  of  such authority shall have submitted, and the director of
the budget shall have approved, a comprehensive  financial  plan  encom-
passing  all  moneys  available  to  and all anticipated commitments and
expenditures by such authority from any source  for  the  operations  of
such  authority.    Copies  of the approved comprehensive financial plan
shall be immediately submitted by the chair to  the  chairs  and  secre-
taries  of  the  legislative  fiscal  committees.    Any such amount not
committed by such authority to contracts or contracts to be  awarded  or
otherwise  expended  by  the  authority  during the fiscal year shall be
refunded by such authority on a pro-rata basis to such gas and/or  elec-
tric  corporations,  in  a  manner to be determined by the department of
public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART K

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART L

  Section 1. Paragraph (c) of subdivision 12 of section 66 of the public
service  law,  as amended by chapter 162 of the laws of 1998, is amended
to read as follows:
  (c) For the purpose of this subdivision, "major changes" shall mean an
increase in the rates and charges which  would  increase  the  aggregate
revenues  of  the applicant more than the greater of three hundred thou-
sand dollars or two and one-half percent, but shall not include  changes
in  rates,  charges  or  rentals  (I)  allowed  to go into effect by the
commission or made by the utility pursuant to an order of the commission

S. 6408                            30                            A. 9008

after hearings held upon notice to the public, OR  (II)  PROPOSED  BY  A
MUNICIPALITY.
  S  2.  Paragraph  (f)  of  subdivision  12 of section 66 of the public
service law, as amended by chapter 154 of the laws of 1989,  is  amended
to read as follows:
  (f)  Whenever  there shall be filed with the commission by any utility
any schedule stating a new rate or charge, or any change in any form  of
contract  or  agreement  or any rule or regulation relating to any rate,
charge or service, or in any general privilege or facility, the  commis-
sion may, at any time within sixty days from the date when such schedule
would  or  has  become  effective, either upon complaint or upon its own
initiative, and, if it so orders, without answer or other formal  plead-
ing  by the utility, but upon reasonable notice, hold a hearing concern-
ing the propriety of a change proposed by the filing. If such change  is
a  major change, the commission shall hold such a hearing.  Pending such
hearing and decision thereon, the  commission,  upon  filing  with  such
schedule  and  delivering  to the utility, a statement in writing of its
reasons therefor, may suspend the operation of such  schedule,  but  not
for  a  longer  period  than  [one  hundred and twenty days] FOUR MONTHS
beyond the time when it would otherwise go into effect. After full hear-
ing, whether completed before or after the schedule  goes  into  effect,
the  commission  may  make  such  order in reference thereto as would be
proper in a proceeding begun after the rate, charge, form of contract or
agreement, rule, regulation, service, general privilege or facility  had
become  effective.  If  any  such hearing cannot be concluded within the
period of suspension as above stated,  the  commission  may  extend  the
suspension  for a further period, not exceeding [six] TEN months.  IF AT
THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN  ACTED  UPON  BY
THE  COMMISSION,  THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE
STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER,
SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR-
TEEN OF THIS CHAPTER.
  S 3. Paragraph (f) of subdivision 10  of  section  80  of  the  public
service  law,  as amended by chapter 154 of the laws of 1989, is amended
to read as follows:
  (f) Whenever there shall be filed with the commission by  any  utility
any  schedule stating a new rate or charge, or any change in any form of
contract or agreement or any rule or regulation relating  to  any  rate,
charge  or service, or in any general privilege or facility, the commis-
sion may, at any time within sixty days from the date when such schedule
would or has become effective, either upon complaint  or  upon  its  own
initiative,  and, if it so orders, without answer or other formal plead-
ing by the utility, but upon reasonable notice, hold a hearing  concern-
ing the propriety of a change proposed by the filing.  If such change is
a  major  change, the commission shall hold such a hearing. Pending such
hearing and decision thereon the commission, upon filing with such sche-
dule and delivering to the  utility,  a  statement  in  writing  of  its
reasons  therefor,  may  suspend the operation of such schedule, but not
for a longer period than [one  hundred  and  twenty  days]  FOUR  MONTHS
beyond the time when it would otherwise go into effect. After full hear-
ing,  whether  completed  before or after the schedule goes into effect,
the commission may make such order in  reference  thereto  as  would  be
proper in a proceeding begun after the rate, charge, form of contract or
agreement,  rule, regulation, service, general privilege or facility had
become effective.  If such hearing cannot be concluded within the period
of suspension as above stated, the commission may extend the  suspension

S. 6408                            31                            A. 9008

for  a  further period not exceeding [six] TEN months.  IF AT THE END OF
SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY  THE  COMMIS-
SION,  THE  COMMISSION  SHALL UTILIZE THE PROPOSAL FILED BY THE STAFF OF
THE  DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER, SUBJECT
TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED  THIRTEEN  OF
THIS CHAPTER.
  S  4.  Paragraph  (f)  of subdivision 10 of section 89-c of the public
service law, as amended by chapter 154 of the laws of 1989,  is  amended
to read as follows:
  (f)  Whenever  there  shall be filed with the commission by any water-
works corporation any schedule stating a new  rate  or  charge,  or  any
change  in  any  form of contract or agreement or any rule or regulation
relating to any rate, charge or service, or in any general privilege  or
facility,  the  commission  may,  at any time within sixty days from the
date when such schedule would  or  has  become  effective,  either  upon
complaint  or  upon  its  own  initiative, and, if it so orders, without
answer or other formal pleading by the interested corporation, but  upon
reasonable  notice,  hold a hearing concerning the propriety of a change
proposed by the filing. If such change is a major change, the commission
shall hold such a hearing. Pending such hearing  and  decision  thereon,
the  commission,  upon  filing  with such schedule and delivering to the
corporation affected thereby a  statement  in  writing  of  its  reasons
therefor,  may  suspend  the  operation  of such schedule, but not for a
longer period than [one hundred and twenty days] FOUR MONTHS beyond  the
time  when  it  would  otherwise  go  into effect. After a full hearing,
whether completed before or after the schedule  goes  into  effect,  the
commission  may  make such order in reference thereto as would be proper
in a proceeding begun after the rate, charge, form of contract or agree-
ment, rule, regulation,  service,  general  privilege  or  facility  had
become  effective.  If  any  such hearing cannot be concluded within the
period of suspension as above stated,  the  commission  may  extend  the
suspension  for  a  further period not exceeding [six] TEN months. IF AT
THE END OF SUCH PERIOD, THE FILED PETITION HAS NOT BEEN  ACTED  UPON  BY
THE  COMMISSION,  THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY THE
STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER,
SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR-
TEEN OF THIS CHAPTER.
  S 5. This act shall take effect immediately.

                                 PART M

  Section 1. Section 2 of 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,
as amended by section 1 of part T of chapter 58 of the laws of 2015,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2016]
2017.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2016.

                                 PART N

S. 6408                            32                            A. 9008

  Section  1.  Paragraph  (d) of section 304 of the business corporation
law is amended to read as follows:
  (d)  ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE  AS  AGENT  OF  A
DOMESTIC  CORPORATION  OR  FOREIGN CORPORATION SHALL BE DEEMED TO BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE,  TO  WHICH  A  PERSON
SHALL  MAIL  THE  PROCESS  SERVED AGAINST THE CORPORATION AS REQUIRED BY
THIS ARTICLE. Any designated [post-office] POST OFFICE address to  which
the  secretary  of  state  OR  A PERSON shall mail a copy of ANY process
served upon [him] THE SECRETARY OF STATE as agent of a  domestic  corpo-
ration  or  a  foreign corporation, shall continue until the filing of a
certificate under this chapter directing  the  mailing  to  a  different
[post-office] POST OFFICE address.
  S  2. Paragraph (a) of section 305 of the business corporation law, as
amended by chapter 131 of the laws  of  1985,  is  amended  to  read  as
follows:
  (a)  In  addition to such designation of the secretary of state, every
domestic corporation or authorized foreign corporation may  designate  a
registered  agent  in  this  state upon whom process against such corpo-
ration may be served. The agent shall be a natural person who is a resi-
dent of or has a business address in this state [or], a domestic  corpo-
ration  or  foreign  corporation  of  any  type  or  kind  formed[,]  or
authorized to do business in this state, under this chapter or under any
other statute of this state, OR DOMESTIC LIMITED  LIABILITY  COMPANY  OR
FOREIGN LIMITED LIABILITY COMPANY FORMED OR AUTHORIZED TO DO BUSINESS IN
THIS STATE.
  S  3.  Subparagraph  1 of paragraph (b) of section 306 of the business
corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
amended to read as follows:
  (1)  Service of process on the secretary of state as agent of a domes-
tic or authorized foreign corporation, OR OTHER BUSINESS ENTITY THAT HAS
DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS PURSU-
ANT TO ARTICLE NINE OF THIS CHAPTER, shall be made by [personally deliv-
ering to and leaving with the secretary of state or a  deputy,  or  with
any person authorized by the secretary of state to receive such service,
at  the  office of the department of state in the city of Albany, dupli-
cate copies of such process together with the statutory fee,  which  fee
shall  be  a  taxable  disbursement]  MAILING  THE PROCESS AND NOTICE OF
SERVICE THEREOF BY CERTIFIED MAIL, RETURN  RECEIPT  REQUESTED,  TO  SUCH
CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS ON FILE
IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. IF A DOMESTIC OR
AUTHORIZED  FOREIGN  CORPORATION  HAS  NO  SUCH  ADDRESS  ON FILE IN THE
DEPARTMENT OF STATE, THE PROCESS AND NOTICE OF SERVICE THEREOF SHALL  BE
MAILED,  IN  THE CASE OF A DOMESTIC CORPORATION, IN CARE OF ANY DIRECTOR
NAMED IN ITS CERTIFICATE OF  INCORPORATION  AT  THE  DIRECTOR'S  ADDRESS
STATED  THEREIN OR, IN THE CASE OF AN AUTHORIZED FOREIGN CORPORATION, TO
SUCH CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS STATE ON  FILE
IN THE DEPARTMENT. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLI-
CATE  COPY OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATU-
TORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE  PERSONALLY
DELIVERED  TO  AND LEFT WITH THE SECRETARY OF STATE OR A DEPUTY, OR WITH
ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE,
AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY. PROOF OF
MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION.   Service
of  process  on  such  corporation  OR  OTHER  BUSINESS  ENTITY shall be
complete when the secretary of state is so  served.  [The  secretary  of

S. 6408                            33                            A. 9008

state  shall  promptly send one of such copies by certified mail, return
receipt requested, to such corporation, at the post office  address,  on
file  in the department of state, specified for the purpose. If a domes-
tic or authorized foreign corporation has no such address on file in the
department  of state, the secretary of state shall so mail such copy, in
the case of a domestic corporation, in care of any director named in its
certificate of incorporation at the director's  address  stated  therein
or,  in  the  case  of an authorized foreign corporation, to such corpo-
ration at the address of its office within this state  on  file  in  the
department.]
  S  4.  Subparagraphs  2 and 3 of paragraph (a) of section 306-A of the
business corporation law, as added by chapter 469 of the laws  of  1997,
are amended to read as follows:
  (2)  That  the  address of the party has been designated by the corpo-
ration as the post office address to which [the secretary  of  state]  A
PERSON shall mail a copy of any process served on the secretary of state
as  agent  for  such corporation, SPECIFYING SUCH ADDRESS, and that such
party wishes to resign.
  (3) That sixty days prior to the filing of the certificate of resigna-
tion OR RECEIPT OF PROCESS with the department of state  the  party  has
sent  a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered  agent  of
the  designating corporation, if other than the party filing the certif-
icate of resignation[,] for receipt of process, or  if  the  [resigning]
DESIGNATING  corporation  has  no  registered  agent,  then  to the last
address of the designating corporation known to  the  party,  specifying
the  address to which the copy was sent. If there is no registered agent
and no known address of the designating  corporation,  the  party  shall
attach  an  affidavit  to  the  certificate  stating that a diligent but
unsuccessful search was made by the party  to  locate  the  corporation,
specifying what efforts were made.
  S  5.  Subparagraph  7 of paragraph (a) of section 402 of the business
corporation law is amended to read as follows:
  (7) A designation of the secretary of state as  agent  of  the  corpo-
ration  upon  whom  process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served  upon  [him]
THE SECRETARY OF STATE.
  S  6.  Subparagraph  (c) of paragraph 1 of section 408 of the business
corporation law, as amended by section 3 of part S of chapter 59 of  the
laws of 2015, is amended to read as follows:
  (c)  The  post  office address, within or without this state, to which
[the secretary of state] A PERSON shall  mail  a  copy  of  any  process
against  it  served  upon  [him  or  her] THE SECRETARY OF STATE.   Such
address shall supersede any previous address on file with the department
of state for this purpose.
  S 7. Subparagraph 4 of paragraph (b) of section 801  of  the  business
corporation law is amended to read as follows:
  (4) To  specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  8.  Subparagraph  2 of paragraph (b) of section 803 of the business
corporation law, as amended by chapter 803  of  the  laws  of  1965,  is
amended to read as follows:

S. 6408                            34                            A. 9008

  (2) To  specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  9.  Paragraph (b) of section 805-A of the business corporation law,
as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
follows:
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a corporation served upon  [him  or]  THE  SECRETARY  OF
STATE  AND/OR the address of the registered agent, provided such address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY or other corporation whose address, as agent, is the address  to
be  changed  or  who  has  been  designated as registered agent for such
corporation, may be signed[, verified] and delivered to  the  department
of  state  by  such agent. The certificate of change shall set forth the
statements required under subparagraphs [(a)] (1), (2) and (3) OF  PARA-
GRAPH  (A)  of  this  section;  that a notice of the proposed change was
mailed to the corporation by the party signing the certificate not  less
than  thirty  days  prior  to the date of delivery to the department and
that such corporation has not objected thereto; and that the party sign-
ing the certificate is the agent of such corporation  to  whose  address
[the  secretary of state] A PERSON is required to mail copies of process
SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the
case. A certificate signed[, verified] and delivered  under  this  para-
graph  shall  not be deemed to effect a change of location of the office
of the corporation in whose behalf such certificate is filed.
  S 10. Subparagraph 8 of paragraph (a) of section 904-a of the business
corporation law, as amended by chapter 177  of  the  laws  of  2008,  is
amended to read as follows:
  (8)  If  the surviving or resulting entity is a foreign corporation or
other business entity, a designation of the secretary of  state  as  its
agent upon whom process against it may be served in the manner set forth
in  paragraph  (b)  of section three hundred six of this chapter, in any
action or special proceeding, and a post office address, within or with-
out this state, to which [the secretary of state] A PERSON shall mail  a
copy of any process against it served upon [him] THE SECRETARY OF STATE.
Such post office address shall supersede any prior address designated as
the address to which process shall be mailed;
  S  11. Clause (G) of subparagraph 2 of paragraph (e) of section 907 of
the business corporation law, as amended by chapter 494 of the  laws  of
1997, is amended to read as follows:
  (G)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding, and a post office address, within or without this state,  to
which [the secretary of state] A PERSON shall mail a copy of any process
against  it  served  upon [him] THE SECRETARY OF STATE. Such post office
address shall supersede any prior address designated as the  address  to
which process shall be mailed.
  S  12. Subparagraph 6 of paragraph (a) of section 1304 of the business
corporation law, as amended by chapter 684 of the laws of  1963  and  as
renumbered  by  chapter  590  of the laws of 1982, is amended to read as
follows:
  (6) A designation of the secretary of state as  its  agent  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall

S. 6408                            35                            A. 9008

mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
  S  13. Subparagraph 7 of paragraph (a) of section 1308 of the business
corporation law, as amended by chapter 725 of the laws of  1964  and  as
renumbered  by  chapter  186  of the laws of 1983, is amended to read as
follows:
  (7) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON  shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S 14. Subparagraph 2 of paragraph (a) and  paragraph  (c)  of  section
1309-A  of the business corporation law, subparagraph 2 of paragraph (a)
as added by chapter 725 of the laws of 1964 and paragraph (c) as amended
by chapter 172 of the laws of 1999, are amended to read as follows:
  (2) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON  shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  (c) A certificate of change of application for authority which changes
only the post office address to which [the secretary of state] A  PERSON
shall  mail  a  copy of any process against an authorized foreign corpo-
ration served upon [him or which] THE SECRETARY OF STATE AND/OR  changes
the  address  of  its  registered  agent,  provided  such address is the
address of a person, partnership, LIMITED  LIABILITY  COMPANY  or  other
corporation whose address, as agent, is the address to be changed or who
has  been  designated  as  registered  agent for such authorized foreign
corporation, may be signed and delivered to the department of  state  by
such agent. The certificate of change of application for authority shall
set  forth the statements required under subparagraphs (1), (2), (3) and
(4) of paragraph (b) of this section; that  a  notice  of  the  proposed
change was mailed by the party signing the certificate to the authorized
foreign  corporation  not  less  than  thirty  days prior to the date of
delivery to the department and that such corporation  has  not  objected
thereto; and that the party signing the certificate is the agent of such
foreign  corporation  to whose address [the secretary of state] A PERSON
is required to mail copies of process SERVED ON THE SECRETARY  OF  STATE
or  the  registered agent, if such be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location of the office of the corporation in whose behalf  such  certif-
icate is filed.
  S  15.  Subparagraphs  1 and 6 of paragraph (a) of section 1310 of the
business corporation law, subparagraph 1 as amended by  chapter  590  of
the laws of 1982, are amended to read as follows:
  (1)  The name of the foreign corporation as it appears on the index of
names of existing domestic and authorized foreign  corporations  of  any
type  or kind in the department of state, division of corporations [or,]
AND the fictitious name, IF ANY, the corporation has agreed  to  use  in
this  state  pursuant to paragraph (d) of section 1301 of this [chapter]
ARTICLE.
  (6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S 16. Subparagraph 4 of paragraph (d) of section 1310 of the  business
corporation law is amended to read as follows:
  (4)  The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.

S. 6408                            36                            A. 9008

  S 17. Section 1311 of the business  corporation  law,  as  amended  by
chapter 375 of the laws of 1998, is amended to read as follows:
S 1311. Termination of existence.
  When  an  authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation  is  merged  into  or
consolidated  with  another  foreign  corporation,  a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such  foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution  of  such foreign corporation, the termination of its exist-
ence or the cancellation of its authority  shall  be  delivered  to  the
department  of  state.  The  filing  of the certificate, order or decree
shall have the same effect as the filing of a certificate  of  surrender
of  authority under section 1310 (Surrender of authority). The secretary
of state shall continue as agent of the foreign  corporation  upon  whom
process  against  it  may be served in the manner set forth in paragraph
(b) of section 306 (Service  of  process),  in  any  action  or  special
proceeding  based  upon  any  liability  or  obligation  incurred by the
foreign corporation within this  state  prior  to  the  filing  of  such
certificate,  order  or  decree and [he] THE PERSON SERVING SUCH PROCESS
shall [promptly cause a copy of  any  such]  SEND  THE  process  [to  be
mailed]  by  [registered]  CERTIFIED  mail, return receipt requested, to
such foreign corporation at the post  office  address  on  file  in  his
office  specified  for  such  purpose AND SHALL PROVIDE THE SECRETARY OF
STATE WITH PROOF OF SUCH MAILING IN THE MANNER SET  FORTH  IN  PARAGRAPH
(B) OF SECTION 306 (SERVICE OF PROCESS).  The post office address may be
changed  by  signing and delivering to the department of state a certif-
icate of change setting forth  the  statements  required  under  section
1309-A  (Certificate of change; contents) to effect a change in the post
office address under  subparagraph  SEVEN  OF  PARAGRAPH  (a)  [(4)]  of
section 1308 (Amendments or changes).
  S  18. Subparagraph 6 of paragraph (a) of section 1530 of the business
corporation law, as added by chapter 505 of the laws of 1983, is amended
to read as follows:
  (6) A designation of the secretary of state as  its  agent  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
  S  19.  Subdivision  10  of section 11 of the cooperative corporations
law, as added by chapter 97 of the laws of 1969, is amended to  read  as
follows:
  10. A  designation  of  the  secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  S 20. Subdivision 10 of section 96 of the executive law, as amended by
chapter 39 of the laws of 1987, is amended to read as follows:
  10. For service of process on the secretary of state, acting as  agent
for  a  third  party  pursuant  to law, except as otherwise specifically
provided by law, forty dollars. No fee shall be  collected  for  process
served  on  behalf of [a] ANY STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY,
AUTHORITY, county, city, town or village or other political  subdivision

S. 6408                            37                            A. 9008

of  the  state.  The fees paid the secretary of state shall be a taxable
disbursement.
  S  21.  The  opening  paragraph  of subdivision 2 and subdivision 3 of
section 18 of the general associations law, as amended by chapter 13  of
the laws of 1938, are amended and two new subdivisions 5 and 6 are added
to read as follows:
  Every  association  doing business within this state shall file in the
department of state a certificate in its  associate  name,  signed  [and
acknowledged]  by  its  president, or a vice-president, or secretary, or
treasurer, or managing director, or trustee, designating  the  secretary
of  state  as  an  agent  upon  whom process in any action or proceeding
against the association may be served within  this  state,  and  setting
forth an address to which [the secretary of state] A PERSON shall mail a
copy  of  any  process  against the association which may be served upon
[him] THE SECRETARY OF STATE pursuant to law.   Annexed to  the  certif-
icate  of  designation shall be a statement, executed in the same manner
as the certificate is required to be executed under this section,  which
shall set forth:
  3.    Any  association,  from  time to time, may change the address to
which [the secretary of state] A PERSON is directed to  mail  copies  of
process  SERVED ON THE SECRETARY OF STATE, by filing a statement to that
effect, executed[,] AND signed [and acknowledged] in like  manner  as  a
certificate of designation as herein provided.
  5.  ANY  DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT  IN  ANY
ACTION  OR  PROCEEDING AGAINST THE ASSOCIATION SHALL BE DEEMED TO BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE,  TO  WHICH  A  PERSON
SHALL  MAIL  PROCESS  SERVED AGAINST THE ASSOCIATION AS REQUIRED BY THIS
ARTICLE. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH  THE  SECRETARY  OF
STATE  OR  A  PERSON  SHALL MAIL A   COPY OF ANY PROCESS SERVED UPON THE
SECRETARY OF STATE AS AGENT IN ANY  ACTION  OR  PROCEEDING  AGAINST  THE
ASSOCIATION  SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE UNDER THIS
CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE ADDRESS.
  6. "PROCESS" MEANS JUDICIAL PROCESS AND ALL ORDERS,  DEMANDS,  NOTICES
OR  OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED ON
AN ASSOCIATION, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH  ASSO-
CIATION  IN  ANY  ACTION OR PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDI-
CIAL, ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE, IN THIS STATE OR IN  THE
FEDERAL COURTS SITTING IN OR FOR THIS STATE.
  S  22. Section 19 of the general associations law, as amended by chap-
ter 166 of the laws of 1991, is amended to read as follows:
  S 19. (A) Service of process. Service of process  against  an  associ-
ation  upon  the secretary of state shall be made by MAILING THE PROCESS
AND  NOTICE  OF  SERVICE  THEREOF  BY  CERTIFIED  MAIL,  RETURN  RECEIPT
REQUESTED,  TO  SUCH  CORPORATION  OR OTHER BUSINESS ENTITY, AT THE POST
OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED  FOR  THIS
PURPOSE.  ON  THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY
OF SUCH PROCESS AND PROOF OF MAILING SHALL  BE  personally  [delivering]
DELIVERED  to  and [leaving] LEFT with [him] THE SECRETARY OF STATE or a
deputy [secretary of state or an associate attorney, senior attorney  or
attorney  in  the  corporation  division of the department of state], SO
DESIGNATED [duplicate copies of  such  process  at  the  office  of  the
department  of state in the city of Albany]. At the time of such service
the plaintiff shall pay a fee of forty dollars to the secretary of state
which shall be a taxable disbursement. [If the cost of  registered  mail
for  transmitting  a  copy  of  the process shall exceed two dollars, an

S. 6408                            38                            A. 9008

additional fee equal to such excess shall be paid at  the  time  of  the
service  of such process. The secretary of state shall forthwith send by
registered mail one of such copies to the  association  at  the  address
fixed for that purpose, as herein provided.]
  (B)  PROOF  OF  MAILING  SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION. SERVICE OF PROCESS ON SUCH ASSOCIATION SHALL BE  COMPLETE  WHEN
THE  SECRETARY  OF  STATE  IS  SO SERVED. If the action or proceeding is
instituted in a court of limited jurisdiction, service of process may be
made in the manner provided in this section if the cause of action arose
within the territorial jurisdiction of the court and the office  of  the
defendant, as set forth in its statement filed pursuant to section eigh-
teen of this [chapter] ARTICLE, is within such territorial jurisdiction.
  S  23.  Subdivision 2 of section 352-b of the general business law, as
amended by chapter 252 of the laws  of  1983,  is  amended  to  read  as
follows:
  2.  Service  of such process upon the secretary of state shall be made
by personally delivering to and leaving with him [or], a  deputy  secre-
tary  of state, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE TO
RECEIVE SUCH SERVICE a copy thereof at the office of the  department  of
state  in  the  city  of  Albany,  and  such service shall be sufficient
service provided that notice of such service and a copy of such  process
are  forthwith sent by the attorney general to such person, partnership,
corporation, company, trust or association, by registered  or  certified
mail with return receipt requested, at his or its office as set forth in
the  "broker-dealer's  statement", "salesman's statement" or "investment
advisor's statement" filed in the department of law pursuant to  section
three  hundred  fifty-nine-e  or section three hundred fifty-nine-eee of
this article, or in default of the filing of such statement, at the last
address known to the attorney general. Service of such process shall  be
complete on receipt by the attorney general of a return receipt purport-
ing  to  be signed by the addressee or a person qualified to receive his
or its registered or certified mail, in accordance with  the  rules  and
customs  of the post office department, or, if acceptance was refused by
the addressee or his or its agent, on return to the attorney general  of
the  original envelope bearing a notation by the postal authorities that
receipt thereof was refused.
  S 24. Section 686 of the general business law, as added by chapter 730
of the laws of 1980, is amended to read as follows:
  S 686. Designation of secretary of state as agent for service of proc-
ess; service of process. Any person who shall offer to sell  or  sell  a
franchise  in  this  state  as  a franchisor, subfranchisor or franchise
sales agent shall be deemed to have irrevocably appointed the  secretary
of  state  as  his  or  its  agent  upon whom may be served any summons,
complaint, subpoena, subpoena duces tecum, notice, order or other  proc-
ess  directed to such person, or any partner, principal, officer, sales-
man or director thereof, or his or its successor, administrator or exec-
utor, in any action, investigation, or  proceeding  which  arises  under
this article or a rule hereunder, with the same force and validity as if
served  personally  on  such  person.  Service  of such process upon the
secretary of state shall be made by personally delivering to and leaving
with [him] THE SECRETARY OF STATE or a deputy [secretary of  state],  OR
WITH  ANY  PERSON  AUTHORIZED  BY THE SECRETARY OF STATE TO RECEIVE SUCH
SERVICE, a copy thereof at the office of the department  of  state,  and
such  service  shall  be sufficient provided that notice of such service
and a copy of such process are sent forthwith by the department to  such
person,  by  registered or certified mail with return receipt requested,

S. 6408                            39                            A. 9008

at his address as set forth in the application for registration  of  his
offering  prospectus  or  in  the  registered offering prospectus itself
filed with the department of law pursuant to this article, or in default
of  the  filing  of  such application or prospectus, at the last address
known to the department. Service of such process shall be complete  upon
receipt by the department of a return receipt purporting to be signed by
the  addressee or a person qualified to receive his or its registered or
certified mail, in accordance with the rules and  customs  of  the  post
office  department,  or,  if  acceptance was refused or unclaimed by the
addressee or his or its agent, or if the addressee moved without leaving
a forwarding address, upon return to  the  department  of  the  original
envelope bearing a notation by the postal authorities that receipt ther-
eof was refused or that such mail was otherwise undeliverable.
  S  25.  Paragraph  4  of subdivision (e) of section 203 of the limited
liability company law, as added by chapter 470 of the laws of  1997,  is
amended to read as follows:
  (4)  a  designation  of the secretary of state as agent of the limited
liability company upon whom process against it may  be  served  and  the
post  office address, within or without this state, to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
limited  liability  company  served  upon  [him or her] THE SECRETARY OF
STATE;
  S 26. Paragraph 4 of subdivision (a) of section  206  of  the  limited
liability  company law, as amended by chapter 44 of the laws of 2006, is
amended to read as follows:
  (4) a statement that the secretary of state  has  been  designated  as
agent  of the limited liability company upon whom process against it may
be served and the post office address, within or without this state,  to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE;
  S  27.  Paragraph  6  of subdivision (d) of section 211 of the limited
liability company law is amended to read as follows:
  (6) a change in the post office address to  which  [the  secretary  of
state]  A  PERSON  shall  mail a copy of any process against the limited
liability company served upon [him or her] THE  SECRETARY  OF  STATE  if
such  change is made other than pursuant to section three hundred one of
this chapter;
  S 28. Section 211-A of the limited liability company law, as added  by
chapter 448 of the laws of 1998, is amended to read as follows:
  S  211-A.  Certificate  of change. (a) A limited liability company may
amend its articles of organization from time to time to (i)  specify  or
change  the  location  of  the  limited liability company's office; (ii)
specify or change the post office address to  which  [the  secretary  of
state]  A  PERSON  shall  mail a copy of any process against the limited
liability company served upon [him] THE SECRETARY OF  STATE;  and  (iii)
make, revoke or change the designation of a registered agent, or specify
or  change  the  address  of  the registered agent. Any one or more such
changes may be accomplished by filing  a  certificate  of  change  which
shall  be  entitled  "Certificate  of Change of ....... (name of limited
liability company) under section 211-A of the Limited Liability  Company
Law"  and  shall  be signed and delivered to the department of state. It
shall set forth:
  (1) the name of the limited liability company,  and  if  it  has  been
changed, the name under which it was formed;
  (2) the date the articles of organization were filed by the department
of state; and

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  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a limited liability company served  upon  [him  or]  THE
SECRETARY  OF STATE AND/OR the address of the registered agent, provided
such address being changed is the  address  of  a  person,  partnership,
LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such  limited  liability  company  may  be  signed  and delivered to the
department of state by such agent. The certificate of change  shall  set
forth  the  statements  required  under subdivision (a) of this section;
that a notice of the proposed change was mailed to the domestic  limited
liability  company  by  the  party signing the certificate not less than
thirty days prior to the date of delivery to the department of state and
that such domestic limited liability company has not  objected  thereto;
and  that the party signing the certificate is the agent of such limited
liability company to whose address [the secretary of state] A PERSON  is
required  to  mail copies of process SERVED ON THE SECRETARY OF STATE or
the registered agent, if such be the  case.  A  certificate  signed  and
delivered  under this subdivision shall not be deemed to effect a change
of location of the office of the  limited  liability  company  in  whose
behalf such certificate is filed.
  S  29.  Paragraph  2  of subdivision (b) of section 213 of the limited
liability company law is amended to read as follows:
  (2) to change the post office  address  to  which  [the  secretary  of
state]  A  PERSON  shall  mail a copy of any process against the limited
liability company served upon [him or her] THE SECRETARY OF STATE; and
  S 30. Subdivisions (c) and (e) of section 301 of the limited liability
company law, subdivision (e) as amended by section 5 of part S of  chap-
ter 59 of the laws of 2015, are amended to read as follows:
  (c)  ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE  AS  AGENT  OF  A
DOMESTIC  LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY COMPANY
SHALL BE DEEMED TO BE THE POST OFFICE ADDRESS, WITHIN  OR  WITHOUT  THIS
STATE,  TO  WHICH  A  PERSON  SHALL  MAIL THE PROCESS SERVED AGAINST THE
LIMITED LIABILITY COMPANY AS REQUIRED BY THIS  ARTICLE.  Any  designated
post  office  address  to which the secretary of state OR A PERSON shall
mail a copy of process served upon [him or her] THE SECRETARY  OF  STATE
as  agent  of  a domestic limited liability company or a foreign limited
liability company shall continue until the filing of a certificate under
this chapter directing the mailing to a different post office address.
  [(e)] (D) (1) Except as otherwise provided in this subdivision,  every
limited liability company to which this chapter applies, shall biennial-
ly  in  the  calendar month during which its articles of organization or
application for authority were filed, or effective date thereof if stat-
ed, file on forms prescribed by the  secretary  of  state,  a  statement
setting  forth  the  post office address within or without this state to
which [the secretary of state] A PERSON shall mail a copy of any process
accepted against it served upon [him or her]  THE  SECRETARY  OF  STATE.
Such  address  shall  supersede  any  previous  address on file with the
department of state for this purpose.
  (2) The commissioner of taxation and  finance  and  the  secretary  of
state  may  agree  to  allow  limited liability companies to include the
statement specified in paragraph one of this subdivision on tax  reports
filed  with  the  department of taxation and finance in lieu of biennial
statements and in a manner prescribed by the  commissioner  of  taxation

S. 6408                            41                            A. 9008

and  finance.    If  this agreement is made, starting with taxable years
beginning on or after January first, two thousand sixteen, each  limited
liability  company required to file the statement specified in paragraph
one  of  this  subdivision  that is subject to the filing fee imposed by
paragraph three of subsection (c) of section six hundred fifty-eight  of
the  tax  law  shall  provide  such statement annually on its filing fee
payment form filed with the department of taxation and finance  in  lieu
of  filing  a statement under this section with the department of state.
However, each limited liability company required  to  file  a  statement
under this section must continue to file the biennial statement required
by this section with the department of state until the limited liability
company  in fact has filed a filing fee payment form with the department
of taxation and finance that includes all  required  information.  After
that time, the limited liability company shall continue to provide annu-
ally the statement specified in paragraph one of this subdivision on its
filing  fee  payment  form in lieu of the biennial statement required by
this subdivision.
  (3) If the agreement described in paragraph two of this subdivision is
made, the department of  taxation  and  finance  shall  deliver  to  the
department  of  state  the  statement specified in paragraph one of this
subdivision contained on filing fee payment  forms.  The  department  of
taxation  and  finance  must,  to  the extent feasible, also include the
current name of the limited liability company, department of state iden-
tification number for such limited liability company, the  name,  signa-
ture  and  capacity  of  the  signer  of  the statement, name and street
address of the filer of the statement, and the email address, if any, of
the filer of the statement.
  S 31. Paragraphs 2 and 3 of  subdivision  (a),  subparagraph  (ii)  of
paragraph  2  and subparagraph (ii) of paragraph 3 of subdivision (e) of
section 301-A of the limited liability company law, as added by  chapter
448 of the laws of 1998, are amended to read as follows:
  (2)  that  the address of the party has been designated by the limited
liability company as the post office address to which [the secretary  of
state] A PERSON shall mail a copy of any process served on the secretary
of  state  as agent for such limited liability company, SUCH ADDRESS and
that such party wishes to resign.
  (3) that sixty days prior to the filing of the certificate of resigna-
tion OR RECEIPT OF PROCESS with the department of state  the  party  has
sent  a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered  agent  of
the designated limited liability company, if other than the party filing
the  certificate  of  resignation[,]  for  receipt of process, or if the
[resigning] DESIGNATING limited  liability  company  has  no  registered
agent,  then  to  the  last  address of the designated limited liability
company known to the party, specifying the address to which the copy was
sent. If there is no registered agent and no known address of the desig-
nating limited liability company, the party shall attach an affidavit to
the certificate stating that a diligent but unsuccessful search was made
by the party to locate the limited liability  company,  specifying  what
efforts were made.
  (ii)  sent  by or on behalf of the plaintiff to such limited LIABILITY
company by registered or certified mail with return receipt requested to
the last address of such limited liability company known to  the  plain-
tiff.
  (ii)  Where  service  of  a copy of process was effected by mailing in
accordance with this section, proof of service shall be by affidavit  of

S. 6408                            42                            A. 9008

compliance  with  this  section filed, together with the process, within
thirty days after receipt of the return receipt signed  by  the  limited
liability company or other official proof of delivery or of the original
envelope  mailed.  If a copy of the process is mailed in accordance with
this section, there shall be filed  with  the  affidavit  of  compliance
either  the  return  receipt signed by such limited LIABILITY company or
other official proof of delivery, if acceptance was refused by  it,  the
original envelope with a notation by the postal authorities that accept-
ance  was  refused.  If  acceptance was refused a copy of the notice and
process together with notice of the mailing by registered  or  certified
mail  and  refusal  to  accept  shall  be  promptly sent to such limited
liability company at the same address by ordinary mail and the affidavit
of compliance shall so state. Service of process shall be  complete  ten
days  after  such  papers  are  filed  with  the clerk of the court. The
refusal to accept delivery of the registered or  certified  mail  or  to
sign the return receipt shall not affect the validity of the service and
such  limited  liability  company  refusing to accept such registered or
certified mail shall be charged with knowledge of the contents thereof.
  S 32. Subdivision (a) of section 303 of the limited liability  company
law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
read as follows:
  (a) Service of process on the secretary of state as agent of a  domes-
tic limited liability company, [or] authorized foreign limited liability
company,  OR  OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF
STATE AS AGENT FOR SERVICE OF PROCESS PURSUANT TO ARTICLE  TEN  OF  THIS
CHAPTER,  SHALL  BE  MADE  BY  MAILING THE PROCESS AND NOTICE OF SERVICE
THEREOF BY CERTIFIED MAIL, RETURN RECEIPT  REQUESTED,  TO  SUCH  LIMITED
LIABILITY  COMPANY OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS,
ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE.  ON  THE
SAME DAY AS SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND
PROOF OF MAILING shall be [made by] personally [delivering] DELIVERED to
and  [leaving] LEFT with the secretary of state or his or her deputy, or
with any person authorized by the secretary of  state  to  receive  such
service, at the office of the department of state in the city of Albany,
[duplicate  copies  of  such  process]  together with the statutory fee,
which fee shall be a taxable disbursement.  PROOF OF MAILING SHALL BE BY
AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of  process  on  such
limited  liability  company  OR  OTHER BUSINESS ENTITY shall be complete
when the secretary of state is so served. [The secretary of state  shall
promptly  send  one  of  such  copies  by certified mail, return receipt
requested, to such limited liability company at the post office  address
on file in the department of state specified for that purpose.]
  S  33.  Section 305 of the limited liability company law is amended to
read as follows:
  S 305. Records of process served on  the  secretary  of  state.    The
[secretary  of  state]  DEPARTMENT  OF STATE shall keep a record of each
process served upon the secretary of state under this chapter, including
the date of such service [and the action of the secretary of state  with
reference thereto]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF  THE  PROCESS  BY  AN  AUTHORIZED  PERSON, THE DATE AND PLACE OF SUCH
SERVICE AND THE RECEIPT OF THE STATUTORY FEE. PROCESS  SERVED  UPON  THE
SECRETARY  OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART-
MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.

S. 6408                            43                            A. 9008

  S 34. Paragraph 4 of subdivision (a) of section  802  of  the  limited
liability  company  law, as amend by chapter 470 of the laws of 1997, is
amended to read as follows:
  (4)  a  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it  served  upon  [him  or  her]  THE
SECRETARY OF STATE;
  S  35. Section 804-A of the limited liability company law, as added by
chapter 448 of the laws of 1998, is amended to read as follows:
  S 804-A. Certificate of change. (a) A foreign limited liability compa-
ny may amend its application for authority from  time  to  time  to  (i)
specify  or  change  the  location  of  the  limited liability company's
office; (ii) specify or change the post office  address  to  which  [the
secretary  of  state]  A PERSON shall mail a copy of any process against
the limited liability company served upon [him] THE SECRETARY OF  STATE;
and  (iii)  to  make,  revoke  or change the designation of a registered
agent, or to specify or change the address of a  registered  agent.  Any
one  or more such changes may be accomplished by filing a certificate of
change which shall be entitled "Certificate of Change of ........  (name
of limited liability company) under section 804-A of the Limited Liabil-
ity  Company Law" and shall be signed and delivered to the department of
state. It shall set forth:
  (1) the name of the foreign limited liability company and, if applica-
ble, the fictitious name the limited liability company has agreed to use
in this state pursuant to section eight hundred two of this article;
  (2) the date its application for authority was filed by the department
of state; and
  (3) each change effected thereby[,].
  (b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall  mail  a  copy  of  any
process against a foreign limited liability company served upon [him or]
THE  SECRETARY  OF  STATE  AND/OR  the  address of the registered agent,
provided such address being changed is the address of a person, partner-
ship [or], corporation OR OTHER LIMITED LIABILITY COMPANY whose address,
as agent, is the address to be  changed or who has  been  designated  as
registered  agent  for  such limited liability company may be signed and
delivered to the department of state by such agent. The  certificate  of
change  shall set forth the statements required under subdivision (a) of
this section; that a notice of the proposed change  was  mailed  to  the
foreign  limited  liability company by the party signing the certificate
not less than thirty days prior to the date of delivery to  the  depart-
ment  of  state  and that such foreign limited liability company has not
objected thereto; and that the party  signing  the  certificate  is  the
agent  of  such  foreign limited liability company to whose address [the
secretary of state] A PERSON is  required  to  mail  copies  of  process
SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the
case.  A  certificate  signed and delivered under this subdivision shall
not be deemed to effect a change  of  location  of  the  office  of  the
foreign  limited  liability  company in whose behalf such certificate is
filed.
  S 36. Paragraph 6 of subdivision (b) of section  806  of  the  limited
liability company law is amended to read as follows:
  (6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him or her] THE SECRETARY OF STATE.

S. 6408                            44                            A. 9008

  S  37.  Paragraph 11 of subdivision (a) of section 1003 of the limited
liability company law, as amended by chapter 374 of the laws of 1998, is
amended to read as follows:
  (11)  a  designation  of the secretary of state as its agent upon whom
process against it may be served in the  manner  set  forth  in  article
three  of  this  chapter in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process  served  upon  [him  or
her]  THE  SECRETARY  OF STATE. Such post office address shall supersede
any prior address designated as the address to which  process  shall  be
mailed;
  S  38.  Clause  (iv) of subparagraph (A) of paragraph 2 of subdivision
(c) of section 1203 of the limited liability company law, as amended  by
chapter 44 of the laws of 2006, is amended to read as follows:
  (iv)  a  statement  that the secretary of state has been designated as
agent of the professional service limited liability  company  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail  a  copy  of  any  process  against it served upon [him or her] THE
SECRETARY OF STATE;
  S 39. Paragraph 6 of subdivision (a) and subparagraph 5  of  paragraph
(i)  of subdivision (d) of section 1306 of the limited liability company
law, subparagraph 5 of paragraph (i) of subdivision (d)  as  amended  by
chapter 44 of the laws of 2006, are amended to read as follows:
  (6)  a  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it  served  upon  [him  or  her]  THE
SECRETARY OF STATE; and
  (5)  a  statement  that  the secretary of state has been designated as
agent of the foreign professional service limited liability company upon
whom process against it may be served and the post office address, with-
in or without this state, to which [the secretary  of  state]  A  PERSON
shall mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE;
  S  40.  Paragraph (d) of section 304 of the not-for-profit corporation
law, as amended by chapter 358 of the laws of 2015, is amended  to  read
as follows:
  (d)  ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE  AS  AGENT  OF  A
DOMESTIC  CORPORATION  OR  FOREIGN CORPORATION SHALL BE DEEMED TO BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE,  TO  WHICH  A  PERSON
SHALL  MAIL  THE  PROCESS  SERVED AGAINST THE CORPORATION AS REQUIRED BY
THIS ARTICLE. Any designated [post-office] POST OFFICE address to  which
the  secretary  of state OR A PERSON shall mail a copy of process served
upon [him or her] THE SECRETARY OF STATE as agent of a  domestic  corpo-
ration formed under article four of this chapter or foreign corporation,
shall  continue  until  the  filing  of a certificate under this chapter
directing the mailing to a different [post-office] POST OFFICE address.
  S 41. Paragraph (a) of section 305 of the  not-for-profit  corporation
law,  as  amended by chapter 549 of the laws of 2013, is amended to read
as follows:
  (a) Every domestic corporation or authorized foreign  corporation  may
designate  a  registered  agent  in this state upon whom process against
such corporation may be served. The agent shall be a natural person  who
is  a  resident of or has a business address in this state or a domestic

S. 6408                            45                            A. 9008

corporation or foreign corporation of any kind formed[,]  or  authorized
to  do  business  in  this  state, under this chapter or under any other
statute of this state, OR A DOMESTIC  LIMITED  LIABILITY  COMPANY  OR  A
FOREIGN  LIMITED  LIABILITY  COMPANY  AUTHORIZED  TO DO BUSINESS IN THIS
STATE.
  S 42. Paragraph (b) of section 306 of the  not-for-profit  corporation
law, as amended by chapter 23 of the laws of 2014, is amended to read as
follows:
  (b)  Service of process on the secretary of state as agent of a domes-
tic corporation formed under article four of this chapter or an  author-
ized foreign corporation shall be made by MAILING THE PROCESS AND NOTICE
OF  SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
CORPORATION OR OTHER BUSINESS ENTITY, AT THE  POST  OFFICE  ADDRESS,  ON
FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME
DAY  THAT  SUCH  PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND
PROOF OF MAILING SHALL  BE  personally  [delivering]  DELIVERED  to  and
[leaving] LEFT with the secretary of state or his or her deputy, or with
any person authorized by the secretary of state to receive such service,
at  the office of the department of state in the city of Albany, [dupli-
cate copies of such process] together with the statutory fee, which  fee
shall be a taxable disbursement.  PROOF OF MAILING SHALL BE BY AFFIDAVIT
OF  COMPLIANCE WITH THIS SECTION. Service of process on such corporation
OR OTHER BUSINESS ENTITY shall be complete when the secretary  of  state
is  so served.   [The secretary of state shall promptly send one of such
copies by certified mail, return receipt requested, to such corporation,
at the post office address, on file in the department of  state,  speci-
fied  for  the  purpose.] If a domestic corporation formed under article
four of this chapter or an authorized foreign corporation  has  no  such
address  on  file  in  the  department of state, the [secretary of state
shall so mail such] DUPLICATE copy OF THE PROCESS  SHALL  BE  MAILED  to
such  corporation at the address of its office within this state on file
in the department.
  S 43. Subparagraph 6 of paragraph (a) of section 402 of  the  not-for-
profit  corporation law, as added by chapter 564 of the laws of 1981 and
as renumbered by chapter 132 of the laws of 1985, is amended to read  as
follows:
  (6)  A  designation  of  the secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  S 44. Subparagraph 7 of paragraph (b) of section 801 of  the  not-for-
profit  corporation  law, as amended by chapter 438 of the laws of 1984,
is amended to read as follows:
  (7) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
  S 45. Subparagraph 2 of paragraph (c) of section 802 of  the  not-for-
profit  corporation  law, as amended by chapter 186 of the laws of 1983,
is amended to read as follows:
  (2) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON shall mail a copy of any process against the
corporation served upon [him] THE SECRETARY OF STATE.
  S 46. Subparagraph 6 of paragraph (a) of section 803 of  the  not-for-
profit corporation law, as amended by chapter 23 of the laws of 2014, is
amended to read as follows:

S. 6408                            46                            A. 9008

  (6)  A  designation  of  the secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address,    within  or  without  this  state, to which [the secretary of
state] A PERSON shall mail a copy of any process against it served  upon
the secretary OF STATE.
  S 47. Paragraph (b) of section 803-A of the not-for-profit corporation
law,  as  amended by chapter 172 of the laws of 1999, is amended to read
as follows:
  (b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall  mail  a  copy  of  any
process  against  the  corporation served upon [him or] THE SECRETARY OF
STATE AND/OR the address of the registered agent, provided such  address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY  or other corporation whose address, as agent, is the address to
be changed or who has been  designated  as  registered  agent  for  such
corporation,  may  be signed and delivered to the department of state by
such agent. The certificate of change shall  set  forth  the  statements
required  under  subparagraphs (1), (2) and (3) of paragraph (a) of this
section; that a notice of the proposed change was mailed to  the  corpo-
ration  by  the  party signing the certificate not less than thirty days
prior to the date of delivery to the department  and  that  such  corpo-
ration  has not objected thereto; and that the party signing the certif-
icate is the agent of such corporation to whose address  [the  secretary
of state] A PERSON is required to mail copies of any process against the
corporation  served  upon [him] THE SECRETARY OF STATE or the registered
agent, if such be the case. A certificate  signed  and  delivered  under
this paragraph shall not be deemed to effect a change of location of the
office of the corporation in whose behalf such certificate is filed.
  S  48. Clause (E) of subparagraph 2 of paragraph (d) of section 906 of
the not-for-profit corporation law, as amended by chapter  1058  of  the
laws of 1971, is amended to read as follows:
  (E)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding described in subparagraph (D)  and  a  post  office  address,
within or without this state, to which [the secretary of state] A PERSON
shall  mail  a  copy of the process in such action or special proceeding
SERVED UPON THE SECRETARY OF STATE.
  S 49. Clause (F) of subparagraph 2 of paragraph (d) of section 908  of
the not-for-profit corporation law, is amended to read as follows:
  (F)  A  designation  of  the secretary of state as his agent upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding described in [subparagraph] CLAUSE  (D)  and  a  post  office
address,  within or without the state, to which [the secretary of state]
A PERSON shall mail a copy of the process  in  such  action  or  special
proceeding SERVED UPON BY THE SECRETARY OF STATE.
  S  50. Subparagraph 6 of paragraph (a) of section 1304 of the not-for-
profit corporation law, as renumbered by chapter  590  of  the  laws  of
1982, is amended to read as follows:
  (6)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.

S. 6408                            47                            A. 9008

  S 51. Subparagraph 7 of paragraph (a) of section 1308 of the  not-for-
profit  corporation  law,  as  renumbered  by chapter 186 of the laws of
1983, is amended to read as follows:
  (7)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy  of  any  process  against  it
served upon [him] THE SECRETARY OF STATE.
  S  52.  Subparagraph  2  of paragraph (a) and paragraph (c) of section
1310 of the not-for-profit corporation law, paragraph (c) as amended  by
chapter 172 of the laws of 1999, is amended to read as follows:
  (2)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy  of  any  process  against  it
served upon [him] THE SECRETARY OF STATE.
  (c) A certificate of change of application for authority which changes
only  the post office address to which [the secretary of state] A PERSON
shall mail a copy of any process against an  authorized  foreign  corpo-
ration  served upon [him or] THE SECRETARY OF STATE AND/OR which changes
the address of its  registered  agent,  provided  such  address  is  the
address  of  a  person,  partnership, LIMITED LIABILITY COMPANY or other
corporation whose address, as agent, is the address to be changed or who
has been designated as registered  agent  for  such  authorized  foreign
corporation,  may  be signed and delivered to the department of state by
such agent. The certificate of change of application for authority shall
set forth the statements required under subparagraphs (1), (2), (3)  and
(4)  of  paragraph  (b)  of  this section; that a notice of the proposed
change was mailed by the party signing the certificate to the authorized
foreign corporation not less than thirty  days  prior  to  the  date  of
delivery  to  the  department and that such corporation has not objected
thereto; and that the party signing the certificate is the agent of such
foreign corporation to whose address [the secretary of state]  A  PERSON
is  required  to mail copies of process SERVED ON THE SECRETARY OF STATE
or the registered agent, if such be the case. A certificate  signed  and
delivered under this paragraph shall not be deemed to effect a change of
location  of  the office of the corporation in whose behalf such certif-
icate is filed.
  S 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of  paragraph
(d) of section 1311 of the not-for-profit corporation law are amended to
read as follows:
  (6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  (4)  The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
  S 54. Section 1312 of the not-for-profit corporation law,  as  amended
by chapter 375 of the laws of 1998, is amended to read as follows:
S 1312. Termination of existence.
  When  an  authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation  is  merged  into  or
consolidated  with  another  foreign  corporation,  a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such  foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution  of  such foreign corporation, the termination of its exist-
ence or the cancellation of its authority  shall  be  delivered  to  the

S. 6408                            48                            A. 9008

department  of  state.    The filing of the certificate, order or decree
shall have the same effect as the filing of a certificate  of  surrender
of authority under section 1311 (Surrender of authority).  The secretary
of  state  shall  continue as agent of the foreign corporation upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding based upon  any  liability  or  obligation  incurred  by  the
foreign  corporation  within  this  state  prior  to  the filing of such
certificate, order or decree and [he] THE PERSON  SERVING  SUCH  PROCESS
shall  promptly cause a copy of any such process to be mailed by [regis-
tered] CERTIFIED mail, return receipt requested, to such foreign  corpo-
ration  at  the  post office address on file in his office specified for
such purpose.  The post office address may be  changed  by  signing  and
delivering  to  the  department of state a certificate of change setting
forth the statements required under section 1310 (Certificate of change,
contents) to effect a change in the post office address  under  subpara-
graph (a) (4) of section 1308 (Amendments or changes).
  S  55.  Subdivision  (c) of section 121-104 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL  A
COPY  OF  ANY  PROCESS  SERVED UPON THE SECRETARY OF STATE AS AGENT OF A
DOMESTIC LIMITED PARTNERSHIP OR FOREIGN  LIMITED  PARTNERSHIP  SHALL  BE
DEEMED  TO  BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO
WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE  LIMITED  PART-
NERSHIP  AS REQUIRED BY THIS ARTICLE. Any designated post office address
to which the secretary of state OR A PERSON shall mail a copy of process
served upon [him] THE SECRETARY OF STATE as agent of a domestic  limited
partnership  or  foreign  limited  partnership  shall continue until the
filing of a certificate under this article directing the  mailing  to  a
different post office address.
  S 56. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of
the  partnership  law,  as added by chapter 448 of the laws of 1998, are
amended to read as follows:
  (1) the name of the limited partnership and the date that  its  [arti-
cles  of organization] CERTIFICATE OF LIMITED PARTNERSHIP or application
for authority was filed by the department of state.
  (2) that the address of the party has been designated by  the  limited
partnership as the post office address to which [the secretary of state]
A  PERSON  shall  mail  a copy of any process served on the secretary of
state as agent for such limited partnership, and that such party  wishes
to resign.
  (3) that sixty days prior to the filing of the certificate of resigna-
tion  FOR  RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process  by
registered  or  certified mail to the address of the registered agent of
the [designated] DESIGNATING limited  partnership,  if  other  than  the
party  filing  the certificate of resignation[,] for receipt of process,
or if the [resigning] DESIGNATING limited partnership has no  registered
agent,  then to the last address of the [designated] DESIGNATING limited
partnership, known to the party, specifying the  address  to  which  the
copy  was  sent. If there is no registered agent and no known address of
the designating limited partnership the party shall attach an  affidavit
to  the  certificate stating that a diligent but unsuccessful search was
made by the party to locate the  limited  partnership,  specifying  what
efforts were made.

S. 6408                            49                            A. 9008

  S  57.  Subdivision  (a) of section 121-105 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (a)  In  addition  to  the designation of the secretary of state, each
limited partnership or authorized foreign limited partnership may desig-
nate a registered agent upon whom process against the  limited  partner-
ship  may  be  served.  The  agent must be (i) a natural person who is a
resident of this state or has a business address  in  this  state,  [or]
(ii)  a  domestic  corporation or a foreign corporation authorized to do
business in this state, OR A DOMESTIC LIMITED  LIABILITY  COMPANY  OR  A
FOREIGN  LIMITED  LIABILITY  COMPANY  AUTHORIZED  TO DO BUSINESS IN THIS
STATE.
  S 58. Subdivisions (a) and (c) of section 121-109 of  the  partnership
law,  as  added  by chapter 950 of the laws of 1990 and as relettered by
chapter 341 of the laws of 1999, are amended to read as follows:
  (a) Service of process on the secretary of state as agent of a  domes-
tic  or authorized foreign limited partnership, OR OTHER BUSINESS ENTITY
THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC-
ESS PURSUANT TO THIS CHAPTER, shall be made [as follows:
  (1) By] BY MAILING THE PROCESS AND NOTICE OF SERVICE OF PROCESS PURSU-
ANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
DOMESTIC OR AUTHORIZED FOREIGN LIMITED  PARTNERSHIP  OR  OTHER  BUSINESS
ENTITY,  AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF STATE,
SPECIFIED FOR THAT PURPOSE. ON THE SAME DAY AS THE PROCESS IS MAILED,  A
DUPLICATE  COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE personally
[delivering] DELIVERED to and [leaving]  LEFT  with  [him  or  his]  THE
SECRETARY  OF  STATE  OR  A deputy, or with any person authorized by the
secretary of state to receive such service, at the office of the depart-
ment of state in the city of Albany, [duplicate copies of such  process]
together  with the statutory fee, which fee shall be a taxable disburse-
ment. PROOF OF MAILING SHALL BE BY AFFIDAVIT  OF  COMPLIANCE  WITH  THIS
SECTION.  SERVICE  OF PROCESS ON SUCH LIMITED PARTNERSHIP OR OTHER BUSI-
NESS ENTITY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
  [(2) The service on the  limited  partnership  is  complete  when  the
secretary of state is so served.
  (3)  The  secretary of state shall promptly send one of such copies by
certified mail, return receipt requested, addressed to the limited part-
nership at the post office address, on file in the department of  state,
specified for that purpose.]
  (c)  The  [secretary of state] DEPARTMENT OF STATE shall keep a record
of all process served upon [him] IT under this section and shall  record
therein  the  date of such service [and his action with reference there-
to]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE
A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS
BY AN AUTHORIZED PERSON, THE DATE AND PLACE  OF  SUCH  SERVICE  AND  THE
RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE
UNDER THIS CHAPTER SHALL BE DESTROYED BY HIM AFTER A PERIOD OF TEN YEARS
FROM SUCH SERVICE.
  S  59.  Paragraph 3 of subdivision (a) and subparagraph 4 of paragraph
(i) of subdivision (c) of section 121-201 of the partnership law,  para-
graph  3  of  subdivision  (a)  as amended by chapter 264 of the laws of
1991, and subparagraph 4 of paragraph (i) of subdivision (c), as amended
by chapter 44 of the laws of 2006, are amended to read as follows:
  (3) a designation of the secretary of state as agent  of  the  limited
partnership  upon  whom  process  against  it may be served and the post
office address, within or without this state, to which [the secretary of

S. 6408                            50                            A. 9008

state] A PERSON shall mail a copy of any process against it served  upon
[him] THE SECRETARY OF STATE;
  (4)  a  statement  that  the secretary of state has been designated as
agent of the limited partnership upon whom process  against  it  may  be
served  and  the  post  office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE;
  S 60. Paragraph 4 of subdivision (b) of section 121-202 of  the  part-
nership  law,  as amended by chapter 576 of the laws of 1994, is amended
to read as follows:
  (4) a change in the name of the limited partnership, or  a  change  in
the post office address to which [the secretary of state] A PERSON shall
mail  a  copy  of  any process against the limited partnership served on
[him] THE SECRETARY OF STATE, or a change in the name or address of  the
registered  agent, if such change is made other than pursuant to section
121-104 or 121-105 of this article.
  S 61. Section 121-202-A of the partnership law, as  added  by  chapter
448  of  the laws of 1998, and paragraph 2 of subdivision (a) as amended
by chapter 172 of the laws of 1999, is amended to read as follows:
  S 121-202-A. Certificate of change. (a) A certificate of limited part-
nership may be changed by filing with the department of state a  certif-
icate of change entitled "Certificate of Change of ..... (name of limit-
ed   partnership)   under  Section  121-202-A  of  the  Revised  Limited
Partnership Act" and shall be signed and delivered to the department  of
state. A certificate of change may (i) specify or change the location of
the limited partnership's office; (ii) specify or change the post office
address  to which [the secretary of state] A PERSON shall mail a copy of
process against the limited partnership served upon [him] THE  SECRETARY
OF  STATE;  and (iii) make, revoke or change the designation of a regis-
tered agent, or to specify or  change  the  address  of  its  registered
agent. It shall set forth:
  (1)  the  name of the limited partnership, and if it has been changed,
the name under which it was formed;
  (2) the date its certificate of limited partnership was filed  by  the
department of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a limited partnership served upon [him or] THE SECRETARY
OF STATE AND/OR the address  of  the  registered  agent,  provided  such
address  being  changed is the address of a person, partnership, LIMITED
LIABILITY CORPORATION or corporation whose address,  as  agent,  is  the
address to be changed or who has been designated as registered agent for
such limited partnership shall be signed and delivered to the department
of  state  by  such agent. The certificate of change shall set forth the
statements required under subdivision (a) of this section; that a notice
of the proposed change was mailed to the domestic limited partnership by
the party signing the certificate not less than thirty days prior to the
date of delivery to the department  of  state  and  that  such  domestic
limited partnership has not objected thereto; and that the party signing
the  certificate  is  the  agent  of  such  limited partnership to whose
address [the secretary of state] A PERSON is required to mail copies  of
process  SERVED  ON  THE  SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited partnership in whose behalf such certificate is filed.

S. 6408                            51                            A. 9008

  S 62. Paragraph 4 of subdivision (a) and subparagraph 5  of  paragraph
(i)  of subdivision (d) of section 121-902 of the partnership law, para-
graph 4 of subdivision (a) as amended by chapter 172 of the laws of 1999
and subparagraph 5 of paragraph (i) of subdivision  (d)  as  amended  by
chapter 44 of the laws of 2006, are amended to read as follows:
  (4)  a  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE;
  (5) a statement that the secretary of state has been designated as its
agent upon whom process against it may be served  and  the  post  office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him or
her] THE SECRETARY OF STATE;
  S  63.  Section  121-903-A of the partnership law, as added by chapter
448 of the laws of 1998, is amended to read as follows:
  S 121-903-A. Certificate of change. (a) A foreign limited  partnership
may  change  its application for authority by filing with the department
of state  a  certificate  of  change  entitled  "Certificate  of  Change
of ........ (name of limited partnership) under Section 121-903-A of the
Revised  Limited  Partnership  Act" and shall be signed and delivered to
the department of state. A certificate of  change  may  (i)  change  the
location  of  the  limited  partnership's  office;  (ii) change the post
office address to which [the secretary of state] A PERSON shall  mail  a
copy  of  process  against the limited partnership served upon [him] THE
SECRETARY OF STATE; and (iii) make, revoke or change the designation  of
a  registered  agent,  or to specify or change the address of its regis-
tered agent. It shall set forth:
  (1) the name of the foreign limited partnership  and,  if  applicable,
the fictitious name the foreign limited partnership has agreed to use in
this state pursuant to section 121-902 of this article;
  (2) the date its application for authority was filed by the department
of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a foreign limited partnership served upon [him  or]  THE
SECRETARY  OF STATE AND/OR the address of the registered agent, provided
such address being changed is the  address  of  a  person,  partnership,
LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such  foreign  limited  partnership shall be signed and delivered to the
department of state by such agent. The certificate of change  shall  set
forth  the  statements  required  under subdivision (a) of this section;
that a notice of the proposed change was mailed to the  foreign  limited
partnership  by  the  party signing the certificate not less than thirty
days prior to the date of delivery to the department of state  and  that
such  foreign limited partnership has not objected thereto; and that the
party signing the certificate is the agent of such foreign limited part-
nership to whose address [the secretary of state] A PERSON  is  required
to mail copies of process SERVED ON THE SECRETARY OF STATE or the regis-
tered  agent,  if  such  be the case. A certificate signed and delivered
under this subdivision shall  not  be  deemed  to  effect  a  change  of
location  of  the office of the limited partnership in whose behalf such
certificate is filed.

S. 6408                            52                            A. 9008

  S 64. Paragraph 6 of subdivision (b) of section 121-905 of  the  part-
nership  law, as added by chapter 950 of the laws of 1990, is amended to
read as follows:
  (6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S  65. Paragraph 7 of subdivision (a) of section 121-1103 of the part-
nership law, as added by chapter 950 of the laws of 1990, is amended  to
read as follows:
  (7)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served in the  manner  set  forth  in  section
121-109  of this article in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process served upon  [him]  THE
SECRETARY  OF STATE.  Such post office address shall supersede any prior
address designated as the address to which process shall be mailed.
  S 66. Subparagraphs 2 and 4 of paragraph (I) of  subdivision  (a)  and
clause  4  of  subparagraph (A) of paragraph (II) of section 121-1500 of
the partnership law, subparagraph 2 of paragraph (I) as added by chapter
576 of the laws of 1994, subparagraph 4 of paragraph (I) as  amended  by
chapter  643  of  the laws of 1995 and such paragraph as redesignated by
chapter 767 of the laws of 2005 and clause  4  of  subparagraph  (A)  of
paragraph (II) as amended by chapter 44 of the laws of 2006, are amended
to read as follows:
  (2)  the  address,  WITHIN  THIS STATE, of the principal office of the
partnership without limited partners;
  (4) a designation of the secretary of state as agent of  the  partner-
ship without limited partners upon whom process against it may be served
and  the post office address, within or without this state, to which the
[secretary of state] A PERSON shall mail a copy of any  process  against
it or served [upon it] ON THE SECRETARY OF STATE;
  (4)  a  statement  that  the secretary of state has been designated as
agent of the registered limited liability partnership upon whom  process
against  it may be served and the post office address, within or without
this state, to which [the secretary of state] A PERSON shall mail a copy
of any process against it served upon [him  or  her]  THE  SECRETARY  OF
STATE;
  S 67. Paragraphs (ii) and (iii) of subdivision (g) of section 121-1500
of  the partnership law, as amended by section 8 of part S of chapter 59
of the laws of 2015, are amended to read as follows:
  (ii) the address, WITHIN THIS STATE, of the principal  office  of  the
registered limited liability partnership, (iii) the post office address,
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process accepted against it served upon [him or
her]  THE SECRETARY OF STATE, which address shall supersede any previous
address on file with the department of state for this purpose, and
  S 68. Subdivision (j-1) of section 121-1500 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
  (j-1) A certificate of change  which  changes  only  the  post  office
address  to which [the secretary of state] A PERSON shall mail a copy of
any process against a registered limited  liability  partnership  served
upon  [him]  THE SECRETARY OF STATE AND/or the address of the registered
agent, provided such address being changed is the address of  a  person,
partnership,  LIMITED LIABILITY COMPANY or corporation whose address, as
agent, is the address to be changed or who has been designated as regis-
tered agent for such registered limited liability partnership  shall  be

S. 6408                            53                            A. 9008

signed  and  delivered  to  the  department  of state by such agent. The
certificate of change shall set forth: (i) the name  of  the  registered
limited  liability  partnership  and,  if  it has been changed, the name
under  which  it was originally filed with the department of state; (ii)
the date of filing of its  initial  registration  or  notice  statement;
(iii)  each  change effected thereby; (iv) that a notice of the proposed
change was mailed to the limited  liability  partnership  by  the  party
signing  the  certificate not less than thirty days prior to the date of
delivery to the department of state  and  that  such  limited  liability
partnership has not objected thereto; and (v) that the party signing the
certificate  is the agent of such limited liability partnership to whose
address [the secretary of state] A PERSON is required to mail copies  of
process  SERVED  ON  THE  SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited liability partnership in whose behalf  such  certificate  is
filed.  The  certificate of change shall be accompanied by a fee of five
dollars.
  S 69. Subdivision (a) of section 121-1502 of the partnership  law,  as
amended by chapter 643 of the laws of 1995, and paragraph (v) as amended
by chapter 470 of the laws of 1997, are amended to read as follows:
  (a)  In  order for a foreign limited liability partnership to carry on
or conduct or transact business or activities as a New  York  registered
foreign limited liability partnership in this state, such foreign limit-
ed  liability  partnership  shall  file  with  the department of state a
notice which shall set forth: (i)  the  name  under  which  the  foreign
limited liability partnership intends to carry on or conduct or transact
business  or  activities  in  this state; (ii) the date on which and the
jurisdiction in which it registered as a limited liability  partnership;
(iii)  the  address,  WITHIN  THIS STATE, of the principal office of the
foreign  limited  liability  partnership;   (iv)   the   profession   or
professions  to  be practiced by such foreign limited liability partner-
ship and a statement that it is a foreign limited liability  partnership
eligible  to  file a notice under this chapter; (v) a designation of the
secretary of state as agent of the foreign limited liability partnership
upon whom process against it may be served and the post  office  address
within or without this state, to which [the secretary of state] A PERSON
shall  mail  a  copy of any process against it [or] served upon [it] THE
SECRETARY OF STATE; (vi) if the foreign limited liability partnership is
to have a registered agent, its name and address in  this  state  and  a
statement  that  the  registered agent is to be the agent of the foreign
limited liability partnership  upon  whom  process  against  it  may  be
served;  (vii)  a statement that its registration as a limited liability
partnership is effective in the jurisdiction in which it registered as a
limited liability partnership at the time of the filing of such  notice;
(viii)  a  statement  that  the foreign limited liability partnership is
filing a notice in order to obtain  status  as  a  New  York  registered
foreign  limited  liability partnership; (ix) if the registration of the
foreign limited liability partnership is to be effective on a date later
than the time of filing, the date, not to exceed  sixty  days  from  the
date  of  filing,  of  such  proposed  effectiveness;  and (x) any other
matters the foreign limited liability partnership determines to  include
in  the notice. Such notice shall be accompanied by either (1) a copy of
the last registration or renewal registration (or  similar  filing),  if
any,  filed by the foreign limited liability partnership with the juris-
diction where it registered as a limited liability partnership or (2)  a

S. 6408                            54                            A. 9008

certificate, issued by the jurisdiction where it registered as a limited
liability  partnership,  substantially  to  the effect that such foreign
limited liability partnership has filed  a  registration  as  a  limited
liability  partnership which is effective on the date of the certificate
(if such registration, renewal  registration  or  certificate  is  in  a
foreign  language,  a  translation  thereof under oath of the translator
shall be attached thereto). Such notice shall also be accompanied  by  a
fee of two hundred fifty dollars.
  S 70. Subparagraphs (ii) and (iii) of paragraph (I) of subdivision (f)
of  section  121-1502 of the partnership law, as amended by section 9 of
part S of chapter 59 of the laws of 2015, is amended to read as follows:
  (ii) the address, WITHIN THIS STATE, of the principal  office  of  the
New  York  registered  foreign  limited liability partnership, (iii) the
post office address, within or without this state, to which [the  secre-
tary  of  state]  A  PERSON  shall  mail  a copy of any process accepted
against it served upon [him  or  her]  THE  SECRETARY  OF  STATE,  which
address shall supersede any previous address on file with the department
of state for this purpose, and
  S  71.  Clause  5 of subparagraph (A) of paragraph (II) of subdivision
(f) of section 121-1502 of the partnership law, as amended by chapter 44
of the laws of 2006, is amended to read as follows:
  (5) a statement that the secretary of state  has  been  designated  as
agent  of  the  foreign  limited liability partnership upon whom process
against it may be served and the post office address, within or  without
this state, to which [the secretary of state] A PERSON shall mail a copy
of  any  process  against  it  served upon [him or her] THE SECRETARY OF
STATE;
  S 72. Subdivision (i-1) of section 121-1502 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
  (i-1) A certificate of change  which  changes  only  the  post  office
address  to which [the secretary of state] A PERSON shall mail a copy of
any process against a New  York  registered  foreign  limited  liability
partnership  served upon [him] THE SECRETARY OF STATE AND/or the address
of the registered agent, provided such  address  being  changed  is  the
address  of  a  person, partnership, LIMITED LIABILITY COMPANY or corpo-
ration whose address, as agent, is the address to be changed or who  has
been  designated  as registered agent of such registered foreign limited
liability partnership shall be signed and delivered to the department of
state by such agent. The certificate of change shall set forth: (i)  the
name  of  the New York registered foreign limited liability partnership;
(ii) the date of filing of its initial registration or notice statement;
(iii) each change effected thereby; (iv) that a notice of  the  proposed
change  was  mailed  to  the  limited liability partnership by the party
signing the certificate not less than thirty days prior to the  date  of
delivery  to  the  department  of  state and that such limited liability
partnership has not objected thereto; and (v) that the party signing the
certificate is the agent of such limited liability partnership to  whose
address  [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or  the  registered  agent,  if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the  limited  liability  partnership in whose behalf such certificate is
filed. The certificate of change shall be accompanied by a fee  of  five
dollars.

S. 6408                            55                            A. 9008

  S  73.  Subdivision (a) of section 121-1505 of the partnership law, as
added by chapter 470 of the laws of  1997,  is  amended  and  three  new
subdivisions (d), (e) and (f) are added to read as follows:
  (a)  Service of process on the secretary of state as agent of a regis-
tered limited liability  partnership  OR  NEW  YORK  REGISTERED  FOREIGN
LIMITED  LIABILITY PARTNERSHIP under this article shall be made by MAIL-
ING THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL,  RETURN
RECEIPT  REQUESTED,  TO SUCH REGISTERED LIMITED LIABILITY PARTNERSHIP OR
NEW YORK REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP, AT  THE  POST
OFFICE  ADDRESS  ON  FILE  IN THE DEPARTMENT OF STATE SPECIFIED FOR SUCH
PURPOSE. ON THE SAME DATE THAT SUCH PROCESS IS MAILED, A DUPLICATE  COPY
OF  SUCH  PROCESS  AND PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE,
WHICH FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE personally  [deliver-
ing]  DELIVERED  to  and [leaving] LEFT with the secretary of state or a
deputy, or with any person authorized  by  the  secretary  of  state  to
receive  such  service,  at the office of the department of state in the
city of Albany, [duplicate copies of such  process]  together  with  the
statutory fee, which fee shall be a taxable disbursement. PROOF OF MAIL-
ING  SHALL  BE  BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of
process on such registered limited liability  partnership  OR  NEW  YORK
REGISTERED  FOREIGN LIMITED LIABILITY PARTNERSHIP shall be complete when
the secretary of state is so  served.  [The  secretary  of  state  shall
promptly  send  one  of  such  copies  by certified mail, return receipt
requested, to such registered limited liability partnership, at the post
office address on file in the department of  state  specified  for  such
purpose.]
  (D) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UPON  THE  SECRETARY  OF STATE UNDER THIS CHAPTER, INCLUDING THE DATE OF
SUCH SERVICE. IT SHALL, UPON REQUEST  MADE  WITHIN  TEN  YEARS  OF  SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF  THE  PROCESS  BY  AN  AUTHORIZED  PERSON, THE DATE AND PLACE OF SUCH
SERVICE AND THE RECEIPT OF THE STATUTORY FEE.  PROCESS SERVED  UPON  THE
SECRETARY  OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE DEPART-
MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
  (E) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL MAIL A COPY OF ANY PROCESS SERVED UPON HIM AS AGENT  OF  A  REGIS-
TERED  LIMITED  LIABILITY  PARTNERSHIP  OR  NEW  YORK REGISTERED FOREIGN
LIMITED LIABILITY PARTNERSHIP SHALL BE DEEMED  TO  BE  THE  POST  OFFICE
ADDRESS  TO  WHICH  A  PERSON  SHALL MAIL THE PROCESS SERVED AGAINST THE
REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED  FOREIGN
LIMITED LIABILITY PARTNERSHIP PURSUANT TO THIS ARTICLE.
  (F) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
OR A PERSON SHALL MAIL ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT  OF  A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGIS-
TERED FOREIGN LIMITED LIABILITY PARTNERSHIP  SHALL  CONTINUE  UNTIL  THE
FILING  OF  A  CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A
DIFFERENT POST OFFICE ADDRESS.
  S 74. Subdivision (b) of section 121-1506 of the partnership  law,  as
added  by chapter 448 of the laws of 1998, and paragraph 4 as amended by
chapter 172 of the laws of 1999, is amended to read as follows:
  (b) The party (or the party's legal representative) whose post  OFFICE
address  has  been  supplied  by  a limited liability partnership as its
address for process may resign. A certificate entitled  "Certificate  of
Resignation  for  Receipt  of  Process  under Section 121-1506(b) of the
Partnership Law" shall be signed by such  party  and  delivered  to  the
department of state. It shall set forth:

S. 6408                            56                            A. 9008

  (1)  The  name  of the limited liability partnership and the date that
its certificate of registration was filed by the department of state.
  (2)  That  the address of the party has been designated by the limited
liability partnership as the post office address to which [the secretary
of state] A PERSON shall mail a copy of any process served on the secre-
tary of state as agent for such limited liability partnership  and  that
such party wishes to resign.
  (3) That sixty days prior to the filing of the certificate of resigna-
tion  with  the  department  of  state  the party has sent a copy of the
certificate of resignation for  receipt  of  process  by  registered  or
certified  mail  to  the  address of the registered agent of the [desig-
nated] DESIGNATING limited liability  partnership,  if  other  than  the
party  filing the certificate of resignation, for receipt of process, or
if the [resigning] DESIGNATING  limited  liability  partnership  has  no
registered agent, then to the last address of the [designated] DESIGNAT-
ING  limited  liability  partnership, known to the party, specifying the
address to which the copy was sent. If there is no registered agent  and
no  known  address  of the designating limited liability partnership the
party shall attach an affidavit to the certificate stating that a  dili-
gent but unsuccessful search was made by the party to locate the limited
liability partnership, specifying what efforts were made.
  (4) That the [designated] DESIGNATING limited liability partnership is
required  to  deliver to the department of state a certificate of amend-
ment providing for the designation by the limited liability  partnership
of a new address and that upon its failure to file such certificate, its
authority to do business in this state shall be suspended.
  S  75.  Paragraph  16  of  subdivision 1 of section 103 of the private
housing finance law, as added by chapter 22 of  the  laws  of  1970,  is
amended to read as follows:
  (16)  A  designation  of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  S 76. Subdivision 7 of section 339-n of  the  real  property  law,  is
REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
  S  77.  Subdivision  2  of  section 339-s of the real property law, as
added by chapter 346 of the laws of 1997, is amended to read as follows:
  2. [Each such declaration, and any  amendment  or  amendments  thereof
shall  be  filed with the department of state] (A) THE BOARD OF MANAGERS
FOR EACH CONDOMINIUM SUBJECT TO THIS ARTICLE SHALL FILE WITH THE  SECRE-
TARY  OF STATE A CERTIFICATE, IN WRITING, SIGNED, DESIGNATING THE SECRE-
TARY OF STATE AS AGENT OF  THE  BOARD  OF  MANAGERS  UPON  WHOM  PROCESS
AGAINST  IT  MAY BE SERVED AND THE POST OFFICE ADDRESS TO WHICH A PERSON
SHALL MAIL A COPY OF SUCH PROCESS.  THE CERTIFICATE SHALL BE ACCOMPANIED
BY A FEE OF SIXTY DOLLARS.
  (B) ANY BOARD OF MANAGERS MAY CHANGE THE ADDRESS  TO  WHICH  A  PERSON
SHALL  MAIL  A  COPY  OF  PROCESS SERVED UPON THE SECRETARY OF STATE, BY
FILING A SIGNED CERTIFICATE OF AMENDMENT WITH THE DEPARTMENT  OF  STATE.
SUCH CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS.
  (C)  SERVICE  OF PROCESS ON THE SECRETARY OF STATE AS AGENT OF A BOARD
OF MANAGERS SHALL BE MADE BY MAILING THE PROCESS AND NOTICE  OF  SERVICE
OF  PROCESS  PURSUANT  TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, TO SUCH BOARD OF MANAGERS, AT THE  POST  OFFICE  ADDRESS,  ON
FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME
DAY  THAT  SUCH  PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND

S. 6408                            57                            A. 9008

PROOF OF MAILING SHALL BE PERSONALLY DELIVERED  TO  AND  LEFT  WITH  THE
SECRETARY  OF  STATE  OR  A DEPUTY, OR WITH ANY PERSON AUTHORIZED BY THE
SECRETARY OF STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPART-
MENT  OF  STATE  IN THE CITY OF ALBANY, A DUPLICATE COPY OF SUCH PROCESS
WITH PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE, WHICH SHALL BE  A
TAXABLE  DISBURSEMENT. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLI-
ANCE WITH THIS SECTION. SERVICE OF PROCESS ON A BOARD OF MANAGERS  SHALL
BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
  (D) AS USED IN THIS ARTICLE, "PROCESS" SHALL MEAN JUDICIAL PROCESS AND
ALL  ORDERS,  DEMANDS,  NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY
LAW TO BE PERSONALLY SERVED ON A BOARD OF MANAGERS, FOR THE  PURPOSE  OF
ACQUIRING  JURISDICTION  OF  SUCH  BOARD  OF  MANAGERS  IN ANY ACTION OR
PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDICIAL,  ADMINISTRATIVE,  ARBI-
TRATIVE  OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN
OR FOR THIS STATE.
  (E) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
ANY OTHER MANNER PERMITTED BY LAW.
  (F) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UNDER THIS SECTION, INCLUDING  THE  DATE  OF  SERVICE.  IT  SHALL,  UPON
REQUEST,  MADE  WITHIN  TEN  YEARS  OF SUCH SERVICE, ISSUE A CERTIFICATE
UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF PROCESS BY AN  AUTHORIZED
PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATU-
TORY  FEE.  PROCESS  SERVED ON THE SECRETARY OF STATE UNDER THIS SECTION
SHALL BE DESTROYED BY THE DEPARTMENT OF STATE  AFTER  A  PERIOD  OF  TEN
YEARS FROM SUCH SERVICE.
  (G) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF THE BOARD OF MANAGERS FILED WITH THE DEPARTMENT OF STATE PURSU-
ANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH  SHALL
BE DEEMED TO BE THE POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL THE
PROCESS  AGAINST  THE  BOARD  OF  MANAGERS PURSUANT TO THIS ARTICLE. ANY
DESIGNATED POST OFFICE ADDRESS TO WHICH THE  SECRETARY  OF  STATE  OR  A
PERSON  SHALL  MAIL  A  COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF
STATE AS AGENT OF A BOARD OF MANAGERS, SHALL CONTINUE UNTIL  THE  FILING
OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT
POST OFFICE ADDRESS.
  S  78. Subdivisions 3 and 4 of section 442-g of the real property law,
as amended by chapter 482 of the laws of 1963, are amended  to  read  as
follows:
  3.  Service  of such process upon the secretary of state shall be made
by personally delivering to and leaving with [him or his] THE  SECRETARY
OF  STATE OR A deputy, or with any person authorized by the secretary of
state to receive such service, at the office of the department of  state
in  the  city  of  Albany, [duplicate copies] A COPY of such process AND
PROOF OF MAILING together with a fee of five dollars if  the  action  is
solely  for  the recovery of a sum of money not in excess of two hundred
dollars and the process is so endorsed, and a fee of ten dollars in  any
other  action  or proceeding, which fee shall be a taxable disbursement.
If such process is served  upon  behalf  of  a  county,  city,  town  or
village, or other political subdivision of the state, the fee to be paid
to  the  secretary  of  state shall be five dollars, irrespective of the
amount involved or the nature of the action on  account  of  which  such
service  of  process is made. [If the cost of registered mail for trans-
mitting a copy of the process shall exceed two  dollars,  an  additional
fee  equal  to  such  excess shall be paid at the time of the service of
such process.] PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH

S. 6408                            58                            A. 9008

THIS SECTION. Proof of service shall be by affidavit of compliance  with
this  subdivision  filed  by or on behalf of the plaintiff together with
the process, within ten days after such service, with the clerk  of  the
court  in  which  the  action or special proceeding is pending.  Service
made as provided in this section shall be complete ten days  after  such
papers  are  filed  with  the clerk of the court and shall have the same
force and validity as if served on him personally within the  state  and
within  the territorial jurisdiction of the court from which the process
issues.
  4. The [secretary of state] PERSON SERVING SUCH PROCESS shall [prompt-
ly] send [one of] such [copies] PROCESS by [registered] CERTIFIED  mail,
return  receipt  requested,  to  the  nonresident  broker or nonresident
salesman at the post office address of his main office as set  forth  in
the last application filed by him.
  S 79. Subdivision 2 of section 203 of the tax law, as amended by chap-
ter 100 of the laws of 1964, is amended to read as follows:
  2.    Every  foreign  corporation  (other  than a moneyed corporation)
subject to the provisions of this article, except a corporation having a
certificate of authority [under section two hundred twelve of the gener-
al corporation law] or having authority to  do  business  by  virtue  of
section  thirteen  hundred  five  of the business corporation law, shall
file in the department of state a  certificate  of  designation  in  its
corporate  name, signed and acknowledged by its president or a vice-pre-
sident or its secretary or treasurer, under its corporate  seal,  desig-
nating  the  secretary  of  state  as its agent upon whom process in any
action provided for by this article may be served within this state, and
setting forth an address to which [the  secretary  of  state]  A  PERSON
shall  mail a copy of any such process against the corporation which may
be served upon [him] THE SECRETARY OF STATE.   In case any  such  corpo-
ration  shall  have  failed  to file such certificate of designation, it
shall be deemed to have designated the secretary of state as  its  agent
upon whom such process against it may be served; and until a certificate
of  designation shall have been filed the corporation shall be deemed to
have directed [the secretary of state] A PERSON SERVING PROCESS to  mail
copies of process served upon [him] THE SECRETARY OF STATE to the corpo-
ration  at  its  last  known office address within or without the state.
When a certificate of designation has been  filed  by  such  corporation
[the  secretary  of state] A PERSON SERVING PROCESS shall mail copies of
process thereafter served upon [him]  THE  SECRETARY  OF  STATE  to  the
address  set forth in such certificate.  Any such corporation, from time
to time, may change the address to which  [the  secretary  of  state]  A
PERSON is directed to mail copies of process, by filing a certificate to
that  effect  executed,  signed  and  acknowledged  in  like manner as a
certificate of designation as herein provided.  Service of process  upon
any  such  corporation  or  upon any corporation having a certificate of
authority [under section two hundred twelve of the  general  corporation
law]  or  having  authority to do business by virtue of section thirteen
hundred five of the business corporation law, in any action commenced at
any time pursuant to the provisions of this  article,  may  be  made  by
either  (1)  personally  delivering to and leaving with the secretary of
state, a deputy secretary of state or with any person authorized by  the
secretary  of  state  to  receive such service [duplicate copies] A COPY
thereof at the office of the department of state in the city of  Albany,
in  which  event  [the secretary of state] A PERSON SERVING SUCH PROCESS
shall forthwith send by  [registered]  CERTIFIED  mail,  return  receipt
requested,  [one  of such copies] A DUPLICATE COPY to the corporation at

S. 6408                            59                            A. 9008

the address designated by it or at its last known office address  within
or  without  the state, or (2) personally delivering to and leaving with
the secretary of state, a deputy secretary of state or with  any  person
authorized  by  the  secretary  of state to receive such service, a copy
thereof at the office of the department of state in the city  of  Albany
and  by  delivering  a  copy thereof to, and leaving such copy with, the
president, vice-president, secretary,  assistant  secretary,  treasurer,
assistant  treasurer,  or  cashier  of  such corporation, or the officer
performing corresponding functions under another name, or a director  or
managing agent of such corporation, personally without the state.  Proof
of such personal service without the state shall be filed with the clerk
of  the  court  in  which the action is pending within thirty days after
such service, and such service shall be complete ten  days  after  proof
thereof is filed.
  S  80. Section 216 of the tax law, as added by chapter 415 of the laws
of 1944, the opening paragraph as amended by chapter 100 of the laws  of
1964  and redesignated by chapter 613 of the laws of 1976, is amended to
read as follows:
  S 216.  Collection of taxes.   Every foreign corporation (other than a
moneyed corporation) subject to the provisions of this article, except a
corporation having a certificate of authority [under section two hundred
twelve of the general corporation law] or having authority to  do  busi-
ness  by  virtue of section thirteen hundred five of the business corpo-
ration law, shall file in the  department  of  state  a  certificate  of
designation in its corporate name, signed and acknowledged by its presi-
dent or a vice-president or its secretary or treasurer, under its corpo-
rate  seal,  designating  the  secretary of state as its agent upon whom
process in any action provided for by this article may be served  within
this  state,  and  setting  forth  an address to which [the secretary of
state] A PERSON shall mail a copy of any such process against the corpo-
ration which may be served upon him.  In case any such corporation shall
have failed to file such certificate of designation, it shall be  deemed
to  have  designated  the secretary of state as its agent upon whom such
process against it may be served; and until a certificate of designation
shall have been filed the corporation shall be deemed to  have  directed
[the  secretary  of  state]  A PERSON to mail [copies] A COPY of process
served upon [him] THE SECRETARY OF STATE to the corporation at its  last
known office address within or without the state.  When a certificate of
designation  has been filed by such corporation [the secretary of state]
A PERSON SERVING SUCH PROCESS shall mail  [copies]  A  COPY  of  process
thereafter  served upon [him] PERSON SERVING SUCH PROCESS to the address
set forth in such certificate.  Any such corporation, from time to time,
may change the address to which  [the  secretary  of  state]  PERSON  is
directed  to  mail  copies  of  process, by filing a certificate to that
effect executed, signed and acknowledged in like manner as a certificate
of designation as herein provided.   Service of process  upon  any  such
corporation  or  upon  any corporation having a certificate of authority
[under section two hundred twelve of the  general  corporation  law]  or
having  authority  to  do business by virtue of section thirteen hundred
five of the business corporation law, in any  action  commenced  at  any
time  pursuant  to the provisions of this article, may be made by either
(1) personally delivering to and leaving with the secretary of state,  a
deputy secretary of state or with any person authorized by the secretary
of  state  to  receive such service [duplicate copies] A COPY thereof at
the office of the department of state in the city of  Albany,  in  which
event  [the  secretary  of  state]  A  PERSON SERVING SUCH PROCESS shall

S. 6408                            60                            A. 9008

forthwith send by [registered] CERTIFIED mail, return receipt requested,
[one of such copies] A DUPLICATE COPY to the corporation at the  address
designated  by  it or at its last known office address within or without
the  state,  or (2) personally delivering to and leaving with the secre-
tary of state, a deputy secretary of state or with any person authorized
by the secretary of state to receive such service, a copy thereof at the
office of the department of state in the city of Albany and by  deliver-
ing  a copy thereof to, and leaving such copy with, the president, vice-
president, secretary, assistant secretary, treasurer, assistant treasur-
er,  or  cashier  of  such  corporation,  or  the   officer   performing
corresponding  functions  under  another name, or a director or managing
agent of such corporation, personally without the state.  Proof of  such
personal  service without the state shall be filed with the clerk of the
court in which the action is  pending  within  thirty  days  after  such
service, and such service shall be complete ten days after proof thereof
is filed.
  S 81. Subdivisions (a) and (b) of section 310 of the tax law, as added
by chapter 400 of the laws of 1983, is amended to read as follows:
  (a)  Designation  for  service  of  process.--Every petroleum business
which is a corporation,  except  such  a  petroleum  business  having  a
certificate of authority [under section two hundred twelve of the gener-
al  corporation  law]  or  having  authority to do business by virtue of
section thirteen hundred five of the  business  corporation  law,  shall
file  in  the  department  of  state a certificate of designation in its
corporate name, signed and acknowledged by its president or  vice-presi-
dent  or its secretary or treasurer, under its corporate seal, designat-
ing the secretary of state as its agent upon whom process in any  action
provided  for  by  this  article  may  be  served within this state, and
setting forth an address to which [the  secretary  of  state]  A  PERSON
shall  mail  a  copy of any such process against such petroleum business
which may be served upon [him] THE SECRETARY OF STATE. In case any  such
petroleum  business shall have failed to file such certificate of desig-
nation, it shall be deemed to have designated the secretary of state  as
its  agent  upon whom such process against it may be served; and until a
certificate of designation shall have been filed such a petroleum  busi-
ness  shall be deemed to have directed [the secretary of state] A PERSON
to mail copies of process served upon [him] THE SECRETARY  OF  STATE  to
such petroleum business at its last known office address within or with-
out  the state. When a certificate of designation has been filed by such
a petroleum business [the secretary of state] A PERSON  SERVING  PROCESS
shall  mail copies of process thereafter served upon [him] THE SECRETARY
OF STATE to the address set forth in such certificate. Any such petrole-
um business, from time to time, may change the  address  to  which  [the
secretary  of  state] A PERSON is directed to mail copies of process, by
filing a certificate to that effect executed, signed and acknowledged in
like manner as a certificate of designation as herein provided.
  (b) Service of process.--Service of process upon any  petroleum  busi-
ness  which  is  a  corporation  (including  any such petroleum business
having a certificate of authority [under section two hundred  twelve  of
the  general  corporation  law]  or  having  authority to do business by
virtue of section thirteen hundred  five  of  the  business  corporation
law),  in any action commenced at any time pursuant to the provisions of
this article, may be made by either (1)  personally  delivering  to  and
leaving with the secretary of state, a deputy secretary of state or with
any  person authorized by the secretary of state to receive such service
[duplicate copies] A COPY thereof at the office  of  the  department  of

S. 6408                            61                            A. 9008

state  in  the city of Albany, in which event [the secretary of state] A
PERSON SERVING PROCESS shall forthwith send  by  [registered]  CERTIFIED
mail, return receipt requested, [one of such copies] A DUPLICATE COPY to
such  petroleum  business at the address designated by it or at its last
known office address within or without  the  state,  or  (2)  personally
delivering  to  and leaving with the secretary of state, a deputy secre-
tary of state or with any person authorized by the secretary of state to
receive such service, a copy thereof at the office of the department  of
state  in  the  city  of Albany and by delivering a copy thereof to, and
leaving  such  copy  with,  the  president,  vice-president,  secretary,
assistant  secretary, treasurer, assistant treasurer, or cashier of such
petroleum business, or the officer  performing  corresponding  functions
under  another  name,  or a director or managing agent of such petroleum
business, personally without the state. Proof of such  personal  service
without  the  state  shall be filed with the clerk of the court in which
the action is pending within thirty days after such  service,  and  such
service shall be complete ten days after proof thereof is filed.
  S  82.  This  act  shall  take effect on the one hundred twentieth day
after it shall have become a law.

                                 PART O

  Section 1. Chapter 912 of the laws of 1920 relating to the  regulation
of boxing, sparring, and wrestling is REPEALED.
  S  2. Article 40 and sections 900 and 901 of the general business law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article
43 and sections 1200 and 1201, respectively, and a  new  article  41  is
added to read as follows:
                               ARTICLE 41
                            COMBATIVE SPORTS
SECTION 1000. DEFINITIONS.
        1001. COMBATIVE SPORTS AUTHORIZED.
        1002. COMBATIVE SPORTS PROHIBITED.
        1003. STATE ATHLETIC COMMISSION.
        1004. JURISDICTION OF THE COMMISSION.
        1005. OFFICERS AND EMPLOYEES OF THE COMMISSION.
        1006. SANCTIONING ENTITIES.
        1007. LICENSES; GENERAL PROVISIONS.
        1008. LICENSES; JUDGES.
        1009. LICENSES; ENTITIES.
        1010. LICENSES; PROFESSIONALS.
        1011. TEMPORARY WORKING PERMITS.
        1012. TEMPORARY TRAINING FACILITIES.
        1013. MEDICAL ADVISORY BOARD.
        1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1016. REQUIRED FILINGS.
        1017. PROFESSIONAL WRESTLING; PROMOTERS.
        1018. PROHIBITED CONDUCT.
        1019. PENALTIES.
        1020. SUBPOENAS BY COMMISSION; OATHS.
        1021. EXCEPTIONS.
        1022. DISPOSITION OF RECEIPTS.
  S  1000.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY
PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO
IS NOT RECEIVING OR  COMPETING  FOR,  AND  WHO  HAS  NEVER  RECEIVED  OR

S. 6408                            62                            A. 9008

COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF
VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED
BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION.
  2.  "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE
AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY  THE
COMMISSION.
  3.  "COMBATIVE  SPORT"  MEANS  ANY UNARMED BOUT, CONTEST, COMPETITION,
MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN  AUDIENCE,  WHEREIN  THE
PARTICIPANTS  PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND
TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF  ANOTHER  PARTIC-
IPANT,  AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV-
ITIES.
  4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN
SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR  EMPLOYEE  OF
THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF.
  5.  "MIXED  MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF
ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT-
ING DISCIPLINE.
  6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE  SPORT  AUTHOR-
IZED  PURSUANT  TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING
OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR,  ANY  PURSE,
MONEY,  PRIZE,  PECUNIARY  GAIN,  OR  OTHER THING EXCEEDING SEVENTY-FIVE
DOLLARS IN VALUE.
  S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED  UNDER
THE  SUPERVISION  OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR-
IZED SANCTIONING ENTITY, OR AS PROVIDED  FOR  IN  SECTION  ONE  THOUSAND
TWENTY-ONE  OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE
SPORTS INCLUDE, AMATEUR AND PROFESSIONAL  BOXING,  WRESTLING,  SPARRING,
KICK  BOXING,  SINGLE  DISCIPLINE  MARTIAL  ARTS AND MIXED MARTIAL ARTS,
PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  S 1002. COMBATIVE SPORTS  PROHIBITED.  1.  THE  CONDUCT  OF  COMBATIVE
SPORTS  OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC-
TIONING ENTITY IS PROHIBITED.
  2. A PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN,  ACTING  OTHER
THAN  AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY AIDS
ANY UNAUTHORIZED COMBATIVE SPORT.  SUCH  CONDUCT  INCLUDES  BUT  IS  NOT
LIMITED  TO  CONDUCT  DIRECTED  TOWARD  THE  CREATION,  ESTABLISHMENT OR
PERFORMANCE OF A PROHIBITED COMBATIVE SPORT, TOWARD THE  ACQUISITION  OR
MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR,
TOWARD  THE  SOLICITATION  OR INDUCEMENT OF PERSONS TO ATTEND OR PARTIC-
IPATE THEREIN, TOWARD THE ACTUAL CONDUCT  OF  THE  PERFORMANCE  THEREOF,
TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR
TOWARD  ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT.  ONE ADVANCES A
PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER
AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE
FOR PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH  TO
OCCUR  OR  CONTINUE  OR  MAKES  NO  EFFORT  TO PREVENT ITS OCCURRENCE OR
CONTINUATION.
  3. A PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE  OR  SHE
ACCEPTS  OR  RECEIVES MONEY OR OTHER PROPERTY WITH INTENT TO PARTICIPATE
IN THE PROCEEDS OF A PROHIBITED  COMBATIVE  SPORT,  OR  PURSUANT  TO  AN
AGREEMENT  OR  UNDERSTANDING  WITH  ANY PERSON WHEREBY HE OR SHE PARTIC-
IPATES OR IS TO PARTICIPATE IN THE PROCEEDS OF  A  PROHIBITED  COMBATIVE
SPORT.
  S  1003.  STATE ATHLETIC COMMISSION. 1. THE STATE ATHLETIC COMMISSION,
AS NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN  HUNDRED

S. 6408                            63                            A. 9008

TWENTY,  AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF NINETEEN
HUNDRED EIGHTY-ONE, IS CONTINUED AS A  DIVISION  OF  THE  DEPARTMENT  OF
STATE.  THE  COMMISSION  SHALL  ACT  IN  THE BEST INTERESTS OF COMBATIVE
SPORTS.  THE  COMMISSION  IS  ENACTED  TO PROTECT THE HEALTH, SAFETY AND
GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS  AND  SPECTATORS
THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS
OF  LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION-
ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE  CONDUCT
OF  COMBATIVE  SPORTS  THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL
CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE  GOVERNOR  BY  AND
WITH  THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE
ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION.  THE MEMBERS OF THE
COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY  VACANCY  IN
THE  MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF
TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE  MEMBER  IN
WHOSE POSITION THE VACANCY OCCURS.
  2.  THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL-
ING AND OTHER EXPENSES INCURRED BY THEM  IN  THE  PERFORMANCE  OF  THEIR
OFFICIAL  DUTIES.  THE  MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR
THE COMMISSION, AND MAKE SUCH RULES  FOR  THE  ADMINISTRATION  OF  THEIR
OFFICE,  NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY
MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION
SHALL CONSTITUTE A QUORUM TO DO  BUSINESS;  AND  THE  CONCURRENCE  OF  A
MAJORITY  OF  THE  COMMISSIONERS  PRESENT SHALL BE NECESSARY TO RENDER A
DETERMINATION BY THE COMMISSION.  THE  COMMISSION  IS  VESTED  WITH  THE
AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS ARTICLE.
  S  1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND
IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS-
DICTION OVER:  1. ALL AUTHORIZED COMBATIVE SPORTS;
  2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO  ANY  AND  ALL
PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS;
  3.  ALL  DETERMINATIONS  REGARDING  THE  AUTHORIZATION  OF AMATEUR AND
PROFESSIONAL SANCTIONING ENTITIES;
  4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT  MAIN-
TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS;
  5.  THE  PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT
PROVIDED FOR IN THIS ARTICLE; AND
  6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK.
  7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL.
  S 1005. OFFICERS AND EMPLOYEES OF THE  COMMISSION.  THE  SECRETARY  OF
STATE  MAY  APPOINT,  AND  AT  HIS  OR HER PLEASURE REMOVE, AN EXECUTIVE
DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH  OTHER
EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR.
  S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU-
LATIONS  ESTABLISHING  A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND
APPROVED BY THE COMMISSION AS  AUTHORIZED  SANCTIONING  ENTITIES  FOR  A
PERIOD  OF  TIME  TO  BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE
ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT  COMBATIVE  SPORTS  WITHIN
THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION,
LIMIT  THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY
TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES,
AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION  OF  THE

S. 6408                            64                            A. 9008

FOREGOING  BASED  ON  THE  QUALIFICATIONS,  INTEGRITY AND HISTORY OF THE
ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY.
  2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO:
  (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE;
  (B)  WHETHER  THE  ENTITY REQUIRES PARTICIPANTS IN COMBATIVE SPORTS TO
USE HAND, FOOT AND GROIN PROTECTION;
  (C) WHETHER THE ENTITY HAS AN ESTABLISHED SET OF RULES  THAT  REQUIRES
THE  IMMEDIATE  TERMINATION  OF ANY COMBATIVE SPORT WHEN ANY PARTICIPANT
HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS-
ICAL INJURY; AND
  (D) WHETHER THE ENTITY HAS ESTABLISHED  PROTOCOLS  TO  EFFECTUATE  THE
APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS.
  S  1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE PROVIDED
IN SECTIONS ONE THOUSAND SIX, ONE  THOUSAND  ELEVEN,  AND  ONE  THOUSAND
SEVENTEEN  OF  THIS ARTICLE, WITH RESPECT TO ALL AUTHORIZED PROFESSIONAL
COMBATIVE SPORTS IN THIS STATE,  ALL  CORPORATIONS,  ENTITIES,  PERSONS,
REFEREES,  JUDGES,  MATCH-MAKERS,  TIMEKEEPERS, PROFESSIONALS, AND THEIR
MANAGERS, TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION.  NO
SUCH  CORPORATION,  ENTITY  OR PERSON SHALL BE PERMITTED TO PARTICIPATE,
EITHER DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL  COMBATIVE
SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY
PROVIDING  CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR
THE USE OF  PROFESSIONAL  BOXERS  OR  PROFESSIONAL  MIXED  MARTIAL  ARTS
PARTICIPANTS,  UNLESS  SUCH  CORPORATION  OR  PERSONS  SHALL  HAVE FIRST
PROCURED A LICENSE FROM THE COMMISSION. THE COMMISSION  SHALL  ESTABLISH
BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES.
  2.  EVERY  APPLICATION  FOR A LICENSE SHALL BE IN A FORM PRESCRIBED BY
THE  COMMISSION,  SHALL  BE  ADDRESSED  TO  THE  COMMISSION,  SHALL   BE
SUBSCRIBED  BY  THE  APPLICANT, AND AFFIRMED BY HIM OR HER AS TRUE UNDER
THE PENALTIES OF  PERJURY,  AND  SHALL  SET  FORTH  SUCH  FACTS  AS  THE
PROVISIONS  HEREOF  AND  THE RULES AND REGULATIONS OF THE COMMISSION MAY
REQUIRE.
  3. (A) THE COMMISSION  SHALL  ESTABLISH  REASONABLE  FEES,  TERMS  AND
RENEWAL  TERMS  FOR  LICENSES,  PERMITS  AND OTHER AUTHORIZATIONS ISSUED
PURSUANT TO THIS ARTICLE, PROVIDED, HOWEVER,  THAT  ALL  TERMS,  RENEWAL
TERMS  AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE
LAWS OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS  THERETO,
IMMEDIATELY  PRIOR  TO THE ENACTMENT OF THIS ARTICLE, SHALL REMAIN FIXED
AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT
OF THIS ARTICLE. THE COMMISSION SHALL PUBLISH ALL  FEES,  INCLUDING  THE
AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE
COMMISSION  PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL OF
THE DIRECTOR OF THE BUDGET.
  (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO
PARAGRAPH (A) OF  THIS  SUBDIVISION,  WHEN  SUCH  FEES  ARE  PAYABLE  IN
RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS,
THE FOLLOWING SHALL APPLY:
  (I)  BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS NOT
MORE THAN TWO THOUSAND FIVE HUNDRED, THE PROMOTER  SHALL  PAY  NOT  MORE
THAN FIVE HUNDRED DOLLARS;
  (II)  BY  PROMOTERS,  FOR  CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS;
  (III) BY PROMOTERS, FOR CONTESTS HELD WHERE THE  SEATING  CAPACITY  IS
GREATER  THAN  FIVE  THOUSAND,  BUT  NOT MORE THAN FIFTEEN THOUSAND, THE
PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS;

S. 6408                            65                            A. 9008

  (IV) BY PROMOTERS, FOR CONTESTS HELD WHERE  THE  SEATING  CAPACITY  IS
GREATER  THAN  FIFTEEN THOUSAND, BUT NOT MORE THAN TWENTY-FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS;
  (V)  BY  PROMOTERS,  FOR  CONTESTS  HELD WHERE THE SEATING CAPACITY IS
GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE  THAN
THREE THOUSAND DOLLARS;
  (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS;
  (VII)  FOR  PROFESSIONAL  PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE
THAN FIFTY DOLLARS; AND
  (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS.
  4. ANY LICENSE, TEMPORARY WORK PERMIT OR  OTHER  AUTHORIZATION  ISSUED
UNDER  THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE
JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE
OR ORDER OF THE COMMISSION,  DEMONSTRATED  CONDUCT  DETRIMENTAL  TO  THE
INTERESTS  OF  AUTHORIZED  COMBATIVE  SPORTS  GENERALLY OR TO THE PUBLIC
INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF
THE HEALTH AND SAFETY OF THE LICENSEE.
  (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL  KNOCKOUT  IN  A
COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION
PHYSICIAN,  BE  SUSPENDED  BY THE COMMISSION, FOR A PERIOD DETERMINED BY
THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO  THE  COMMISSION
DURING  SUCH  PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE
UNTIL HE OR SHE HAS MET ALL REQUIREMENTS,  MEDICAL  AND  OTHERWISE,  FOR
REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN
HIS OR HER LICENSE BY A COMMISSION OFFICIAL.
  (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, IF ANY OTHER STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT
STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO  SUCH
LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  S  1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS
ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN  OF  THIS  ARTICLE,  ONLY  A
PERSON  LICENSED  BY  THE  COMMISSION,  AS A COMBATIVE SPORTS JUDGE, MAY
JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG-
ES FOR ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER  THE  JURISDIC-
TION  OF  THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM A LIST
OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION.
  2. ANY PARTICIPANT IN A PROFESSIONAL COMBATIVE SPORT  OR  HIS  OR  HER
MANAGER  MAY  PROTEST  THE  ASSIGNMENT  OF  A JUDGE TO A CONTEST AND THE
PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF
SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY
REJECTED.
  3. EACH PERSON SEEKING TO BE LICENSED AS A  JUDGE  BY  THE  COMMISSION
SHALL  BE  REQUIRED  TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION
AND ANNUALLY THEREAFTER ON  THE  ANNIVERSARY  OF  THE  ISSUANCE  OF  THE
LICENSE.  THE  COMMISSION  SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS
AND REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST  BE
CERTIFIED  AS  HAVING  COMPLETED  A  TRAINING PROGRAM AS APPROVED BY THE
COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION.
  4. EACH PERSON SEEKING A  LICENSE  TO  JUDGE  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL
QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY  THE
COMMISSION.    SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED
BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS,

S. 6408                            66                            A. 9008

INCLUDING FINANCIAL RESPONSIBILITY.  WITHIN  FORTY-EIGHT  HOURS  OF  ANY
MATCH,  EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH THE
COMMISSION A FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND  MANNER  AS
SHALL BE ACCEPTABLE TO THE COMMISSION.
  S  1009.  LICENSES;  ENTITIES.  1. (A) EXCEPT AS OTHERWISE PROVIDED IN
SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN  OF  THIS  ARTICLE,
ONLY  ENTITIES  LICENSED  BY  THE  COMMISSION  MAY CONDUCT AN AUTHORIZED
PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. THE  COMMISSION  MAY,  IN
ITS  DISCRETION,  ISSUE  A LICENSE TO CONDUCT OR HOLD AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON
OR CORPORATION DULY INCORPORATED, OR LIMITED LIABILITY  COMPANY  AUTHOR-
IZED, UNDER THE LAWS OF THE STATE OF NEW YORK.
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH
SUCH COMBATIVE SPORT IS TO BE HELD.
  (C)  UPON  WRITTEN  APPLICATION THE COMMISSION MAY GRANT TO ANY ENTITY
HOLDING A LICENSE ISSUED HEREUNDER, THE  PRIVILEGE  OF  HOLDING  SUCH  A
MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER
LOCATION,  THAN  THE  PREMISES  OR  LOCATION  PREVIOUSLY APPROVED BY THE
COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE  RULES
AND REGULATIONS OF THE COMMISSION.
  2.  (A)  THE  COMMISSION MAY, IN ITS DISCRETION AND IN ACCORDANCE WITH
REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE HEALTH  AND  SAFETY
OF  PROFESSIONALS  IN  TRAINING,  ISSUE  A LICENSE TO OPERATE A TRAINING
FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR  IN
PART  FOR  THE  USE  OF PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS. AT A
MINIMUM, ANY SUCH REGULATION SHALL REQUIRE:
  (I) FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON  THE
PREMISES  AND  FOR  THE PRESENCE ON THE PREMISES OF A PERSON TRAINED AND
CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR  CARDIO-PULMO-
NARY  RESUSCITATION  AT  ALL TIMES DURING WHICH THE FACILITY IS OPEN FOR
TRAINING PURPOSES;
  (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS;
  (III) ADEQUATE VENTILATION AND LIGHTING OF  ACCESSIBLE  AREAS  OF  THE
TRAINING FACILITY;
  (IV)  ESTABLISHMENT  OF A POLICY CONCERNING THE RESTRICTION OF SMOKING
IN TRAINING AREAS, INCLUDING  PROVISIONS  FOR  ITS  ENFORCEMENT  BY  THE
FACILITY OPERATOR;
  (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
  (VI)  INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR COMBA-
TIVE SPORTS WILL BE HELD; AND
  (VII) ESTABLISHMENT OF A POLICY FOR  POSTING  ALL  COMMISSION  LICENSE
SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
ING  PROVISIONS  FOR  ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY
THE FACILITY OPERATOR.
  (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF
THAT IT CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS  TO  BE
CONDUCTED,  INCLUDING  THE  MAKING OF SUCH TRAINING FACILITIES AVAILABLE
FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
PROGRESS.
  S 1010. LICENSES; PROFESSIONALS. 1. EXCEPT AS  OTHERWISE  PROVIDED  IN
SECTIONS  ONE  THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE THOUSAND SEVEN-
TEEN OF THIS ARTICLE, ONLY PERSONS  LICENSED  BY  THE  COMMISSION  SHALL
COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
  2.  ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE TO
PARTICIPATE IN COMBATIVE SPORTS  UNDER  THIS  ARTICLE  SHALL  UNDERGO  A

S. 6408                            67                            A. 9008

COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM-
INATIONS  BY A PHYSICIAN APPROVED BY THE COMMISSION.  IF, AT THE TIME OF
SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN INJURY,  OR  FOR  ANY
OTHER  REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL SHALL
BE REQUIRED TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY  A  NEUROLO-
GIST  INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY EQUIVALENT
PROCEDURES. THE COMMISSION SHALL NOT ISSUE A LICENSE TO  A  PROFESSIONAL
UNTIL  SUCH  EXAMINATIONS  ARE COMPLETED AND REVIEWED BY THE COMMISSION.
THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART
OF THE PROFESSIONAL'S PERMANENT MEDICAL  RECORD  AS  MAINTAINED  BY  THE
COMMISSION.  THE  COSTS OF ALL SUCH EXAMINATIONS SHALL BE ASSUMED BY THE
APPLICANT OR PROMOTER WITH WHICH THE PROFESSIONAL BOXER OR MIXED MARTIAL
ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER.
  3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A  CONDITION
OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING
TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL-
ITY  TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL RECORDS
OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL
EXAMINATION OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED  CONFIDEN-
TIAL,  AND  SHALL  BE  OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS
AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER  UPON
WRITTEN  APPLICATION  TO  EXAMINE  SAID  RECORDS, OR UPON THE ORDER OF A
COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE.
  S 1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE  TEMPORARY
WORKING  PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND SECONDS.
A TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE  HOLDER
OF  SUCH  PERMIT TO ENGAGE IN A SINGLE AUTHORIZED PROFESSIONAL COMBATIVE
SPORT AT A SPECIFIED TIME AND PLACE. THE  COMMISSION  MAY  REQUIRE  THAT
PROFESSIONALS  APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A PHYSICAL
EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO-
NANCE IMAGING  OR  MEDICALLY  EQUIVALENT  PROCEDURE.  TEMPORARY  WORKING
PERMITS  SHALL  EXPIRE  UPON  THE  COMPLETION  OF  THE SINGLE AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  AND  ANY   SUBSEQUENT   EVALUATIONS   OR
INSPECTIONS  REQUIRED  BY  THE  COMMISSION.   THE FEE FOR SUCH TEMPORARY
WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE.
  S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS  JUDGMENT
MAY  EXEMPT  FROM  LICENSING  UNDER  THIS  ARTICLE ANY TRAINING FACILITY
PROVIDING CONTACT SPARRING ESTABLISHED AND  MAINTAINED  ON  A  TEMPORARY
BASIS  FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR-
IZED COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE  OF
NEW YORK.
  S  1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD CREATED
PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN  HUNDRED
TWENTY,  AND  SUBSEQUENT  AMENDMENTS THERETO IS HEREBY CONTINUED WITHOUT
INTERRUPTION. IT SHALL REMAIN A DIVISION OF THE STATE  ATHLETIC  COMMIS-
SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR.
THE  GOVERNOR  SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF THE
ADVISORY BOARD. THE TERM OF A MEMBER  THEREAFTER  APPOINTED,  EXCEPT  TO
FILL  A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM OF
HIS PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE  CHAIRPERSON
OF  THE  ADVISORY  BOARD, THE GOVERNOR SHALL DESIGNATE SUCH SUCCESSOR OR
OTHER MEMBER OF THE ADVISORY BOARD AS CHAIRPERSON. A  VACANCY  OCCURRING
OTHERWISE  THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT BY
THE GOVERNOR FOR THE REMAINDER ONLY OF THE  TERM.  EACH  MEMBER  OF  THE
ADVISORY  BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE STATE
OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST

S. 6408                            68                            A. 9008

FIVE YEARS' EXPERIENCE IN THE PRACTICE OF HIS  OR  HER  PROFESSION.  THE
MEMBERS  OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY BE
FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND
SHALL  BE  ALLOWED  AND  PAID  NECESSARY  TRAVELING  AND  OTHER EXPENSES
INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE-
UNDER.
  2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE
BOARD TO PREPARE AND SUBMIT TO THE COMMISSION FOR  APPROVAL  REGULATIONS
AND  STANDARDS  FOR THE PHYSICAL EXAMINATION OF PROFESSIONALS INCLUDING,
WITHOUT LIMITATION, PRE-FIGHT AND POST-FIGHT EXAMINATIONS  AND  PERIODIC
COMPREHENSIVE  EXAMINATIONS.  THE  BOARD  SHALL  CONTINUE TO SERVE IN AN
ADVISORY CAPACITY TO THE COMMISSION AND FROM TIME TO  TIME  PREPARE  AND
SUBMIT  TO  THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL REGULATIONS AND
STANDARDS OF EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD  THE  PHYS-
ICAL  WELFARE  OF PROFESSIONALS LICENSED BY THE COMMISSION. THE ADVISORY
BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED
PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE
PURPOSE OF CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS  AND  OTHER
SERVICES  AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH PHYSICIANS,
IF SO EMPLOYED, SHALL RECEIVE COMPENSATION AS FIXED  BY  THE  COMMISSION
WITHIN  AMOUNTS  APPROPRIATED THEREFOR. THE PROVISIONS OF SECTION SEVEN-
TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO:
  (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND
  (B) IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION  TO
PROFESSIONALS.
  3.  THE  ADVISORY BOARD SHALL DEVELOP OR RECOMMEND APPROPRIATE MEDICAL
EDUCATION PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE  CONDUCT
OF  AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE AND
ACT UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS  IN
A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH.
  4.  THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE OF
EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS.
  5. THE ADVISORY BOARD SHALL ADVISE THE  COMMISSION  ON  ANY  STUDY  OF
EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE
THE SAFETY OF PROFESSIONALS.
  S  1014.  REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.  THE
COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS THAT:
  1. ESTABLISH PARAMETERS AND LIMITATIONS  ON  WEIGHTS  AND  CLASSES  OF
PROFESSIONALS;
  2.  ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION OF
ROUNDS;
  3. ESTABLISH THE REQUIREMENTS FOR THE PRESENCE OF  MEDICAL  EQUIPMENT,
MEDICAL  PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN EMER-
GENCY MEDICAL PLAN;
  4. ESTABLISH RESPONSIBILITIES OF  ALL  LICENSEES  BEFORE,  DURING  AND
AFTER AN EVENT;
  5. DEFINE UNSPORTSMANLIKE PRACTICES;
  6.  ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE, REMUNERATION
OR PURSE, OR ANY PART THEREOF BASED ON  THE  CONDUCT  OF  PROFESSIONALS,
THEIR MANAGERS AND SECONDS;
  7.  ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED EQUIP-
MENT ITEMS UTILIZED BY PROFESSIONALS;
  8. ESTABLISH PARAMETERS AND STANDARDS FOR RINGS, COMBAT  SURFACES  AND
APPURTENANCES THERETO; AND

S. 6408                            69                            A. 9008

  9.  ESTABLISH  SUCH  OTHER  RULES  AND  CONDITIONS AS ARE NECESSARY TO
EFFECTUATE THE COMMISSION'S PURPOSE.
  S  1015.  CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1.  ALL
BUILDINGS OR STRUCTURES USED OR  INTENDED  TO  BE  USED  FOR  CONDUCTING
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORTS SHALL BE PROPERLY VENTILATED
AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM
TO THE LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS  IN  THE
CITY, TOWN OR VILLAGE WHERE SITUATED.
  2.  NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY
AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO  PERSON  UNDER  SIXTEEN
YEARS  OF  AGE  SHALL  BE  PERMITTED  TO  ATTEND THEREAT AS A SPECTATOR,
PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT-
TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN.
  3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF  THIS  ARTICLE,  AT EACH AUTHORIZED PROFESSIONAL
COMBATIVE SPORT, EXCEPT WHERE CONDUCTED SOLELY  FOR  TRAINING  PURPOSES,
THERE  SHALL  BE  IN ATTENDANCE A DULY LICENSED REFEREE WHO SHALL DIRECT
AND CONTROL THE SAME. THERE SHALL ALSO BE IN  ATTENDANCE,  EXCEPT  WHERE
CONDUCTED  SOLELY  FOR TRAINING PURPOSES, THREE DULY LICENSED JUDGES WHO
SHALL AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL  COMBATIVE
SPORT  RENDER  THEIR DECISION. THE WINNER SHALL BE DETERMINED IN ACCORD-
ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.
  4. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF  THIS  ARTICLE,  THE  COMMISSION SHALL DIRECT AN
EMPLOYEE OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE  AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED.  SUCH EMPLOYEE OF THE
COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR-
IZED  PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE SAME
IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION.   WHERE  AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY
OWNED  ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST
BE COMPLIED WITH.
  5. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF THIS ARTICLE, ANY RING OR COMBAT SURFACE MUST BE
INSPECTED AND APPROVED BY THE COMMISSION PRIOR TO  THE  COMMENCEMENT  OF
ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT.
  6.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, ALL PROFESSIONALS MUST  BE  EXAMINED
BY  A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING OR
COMBAT SURFACE AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE  WITH  THE
COMMISSION  A  WRITTEN  REPORT OF SUCH EXAMINATION. THE COST OF ANY SUCH
EXAMINATION, AS PRESCRIBED BY A SCHEDULE  OF  FEES  ESTABLISHED  BY  THE
COMMISSION,  SHALL  BE PAID BY THE CORPORATION CONDUCTING THE AUTHORIZED
PROFESSIONAL COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY  OF
EVERY  PERSON  OR  CORPORATION LICENSED TO CONDUCT AN AUTHORIZED PROFES-
SIONAL COMBATIVE SPORT,  TO  HAVE  IN  ATTENDANCE  AT  EVERY  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT, AT LEAST ONE PHYSICIAN DESIGNATED BY THE
COMMISSION AS THE RULES SHALL PROVIDE. THE COMMISSION  MAY  ESTABLISH  A
SCHEDULE  OF  FEES  TO BE PAID BY THE LICENSEE TO COVER THE COST OF SUCH
ATTENDANCE.
  7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS  RECEIVED
SEVERE  PUNISHMENT  OR  IS  IN DANGER OF SERIOUS PHYSICAL INJURY. IN THE
EVENT OF ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN  SHALL  IMMEDIATELY
RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR
HOSPITALIZATION  IF  REQUIRED, AND FULLY REPORT THE ENTIRE MATTER TO THE

S. 6408                            70                            A. 9008

COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER-
EAFTER. SUCH PHYSICIAN MAY ALSO REQUIRE THAT  THE  INJURED  PROFESSIONAL
AND  HIS  OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES OR REPORT
TO  A  HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS SUCH PHYSI-
CIAN DEEMS ADVISABLE.  ANY  PROFESSIONAL  LICENSED  UNDER  THIS  ARTICLE
RENDERED  UNCONSCIOUS  OR  SUFFERING  HEAD  TRAUMA  AS DETERMINED BY THE
ATTENDING PHYSICIAN SHALL  BE  IMMEDIATELY  EXAMINED  BY  THE  ATTENDING
COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM-
INATIONS  BY  A  NEUROLOGIST INCLUDING BUT NOT LIMITED TO MAGNETIC RESO-
NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE.
  8. SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  AND MAY TERMINATE THE MATCH IF IN HIS OR
HER OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR  SERI-
OUS PHYSICAL INJURY TO A PROFESSIONAL.
  9.  BEFORE  A  LICENSE  SHALL BE GRANTED TO A PERSON OR CORPORATION TO
CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT  SHALL
EXECUTE  AND  FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE
DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND  SUFFICIENCY
OF  SURETIES  THEREON  BY  THE  SECRETARY  OF STATE, CONDITIONED FOR THE
FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI-
CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING
AND APPROVAL OF SAID BOND THE SECRETARY OF STATE  SHALL  ISSUE  TO  SAID
APPLICANT  A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY
SAID APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS  APPLICA-
TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF-
ICATE  SHALL  BE  FILED.  IN  CASE  OF  DEFAULT IN SUCH PERFORMANCE, THE
COMMISSION MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE  SUM  OF  NOT
MORE  THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED
BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE  STATE  OF  NEW
YORK  IN  THE  SAME  MANNER AS OTHER PENALTIES ARE RECOVERED BY LAW; ANY
AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY.
  10. IN ADDITION TO THE BOND  REQUIRED  BY  SUBDIVISION  NINE  OF  THIS
SECTION,  EACH  APPLICANT FOR A LICENSE TO CONDUCT AN AUTHORIZED PROFES-
SIONAL COMBATIVE SPORT SHALL EXECUTE AND  FILE  WITH  THE  SECRETARY  OF
STATE  A  BOND  IN  AN  AMOUNT  TO BE DETERMINED BY THE COMMISSION TO BE
APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY
OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS'
AND PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES  LICENSED
BY  THE  COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING TICKETS AND
ALL ADVERTISING MATERIAL.
  11. ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS  PROMOTERS
OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER
FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE
PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR-
ING  IN  AUTHORIZED  PROFESSIONAL  COMBATIVE SPORTS OR WRESTLING EXHIBI-
TIONS. SUCH ACCIDENT INSURANCE  OR  FINANCIAL  GUARANTEE  SHALL  PROVIDE
COVERAGE  TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND HOSPI-
TAL CARE, WITH A MINIMUM LIMIT OF FIFTY THOUSAND  DOLLARS  FOR  INJURIES
SUSTAINED  WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE CONTROL
OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO
THE ESTATE OF ANY DECEASED ATHLETE WHERE SUCH  DEATH  IS  OCCASIONED  BY
INJURIES  RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN WHICH
SUCH LICENSED PROFESSIONAL OR PROFESSIONAL WRESTLER  PARTICIPATED  UNDER
THE  PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL, SURGI-
CAL AND HOSPITAL CARE WITH A MINIMUM LIMIT OF ONE  MILLION  DOLLARS  FOR

S. 6408                            71                            A. 9008

THE  TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A PROGRAM
OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI-
ABLE, CAUSAL LINK EXISTS BETWEEN  THE  PROFESSIONAL  LICENSEE'S  PARTIC-
IPATION  IN  SUCH  PROGRAM  AND THE LIFE-THREATENING BRAIN INJURY. WHERE
APPLICABLE, PROFESSIONAL LICENSEES  SHALL  BE  AFFORDED  THE  OPTION  TO
SUPPLEMENT  THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL GUARAN-
TEE TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY  THIS
SUBDIVISION.    THE  COMMISSION  MAY FROM TIME TO TIME, PROMULGATE REGU-
LATIONS TO ADJUST THE AMOUNT OF SUCH  MINIMUM  LIMITS.  THE  FAILURE  TO
PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE
FOR  THE  SUSPENSION OR THE REVOCATION OF THE LICENSE OF SUCH DEFAULTING
ENTITY.
  12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY
PROFESSIONAL OR AMATEUR  COMBATIVE  SPORT,  INCLUDING  ANY  PROFESSIONAL
WRESTLING  MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED OR
RECEIVED, SHALL NOTIFY THE ATHLETIC COMMISSION  AT  LEAST  TEN  DAYS  IN
ADVANCE  OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO ANY
SUCH PROFESSIONAL OR AMATEUR COMBATIVE SPORT OR  PROFESSIONAL  WRESTLING
MATCH  OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED BY
THE STATE ATHLETIC COMMISSION TO  PRINT  SUCH  TICKETS  AND  SHALL  BEAR
CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME.
  (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES  OR  OFFICERS  OF  THE  COMMISSION  SHALL ACT AS AGENTS OF THE
COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI-
CLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL  PROVIDE  THE
COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL
ASSISTANCE  AS  MAY  BE  NECESSARY FOR THE PROPER ADMINISTRATION OF SUCH
TAX.
  S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS
OR OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR  ARRANGEMENT
OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION
A  WRITTEN  STATEMENT  EXECUTED UNDER PENALTY OF PERJURY STATING (A) ALL
CHARGES, EXPENSES, FEES, AND COSTS THAT WILL  BE  ASSESSED  AGAINST  ANY
PROFESSIONAL  PARTICIPATING  IN  THE  EVENT; (B) ALL PAYMENTS, BENEFITS,
COMPLIMENTARY BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL  RECEIVE
FOR  ITS  AFFILIATION  WITH THE EVENT; (C) THE NAME OF THE PROMOTER; (D)
SPONSOR OF THE EVENT; AND (E) ALL OTHER  SOURCES,  AND  SUCH  OTHER  AND
ADDITIONAL  INFORMATION  AS  REQUIRED  BY  THE  COMMISSION. SUCH WRITTEN
STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE  COMMIS-
SION.
  2.  THE  PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE  PROFESSIONALS
FOR  A  CONTEST  MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER
PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR
THROUGH THE PROMOTER  ON  THE  PROFESSIONAL  PERTAINING  TO  THE  EVENT,
INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL
RECEIVE  AND  TRAINING  EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE
PROMOTER IS PROVIDING TO ANY SANCTIONING  ORGANIZATION  AFFILIATED  WITH
THE  EVENT.  SUCH  WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER
ACCEPTABLE TO THE COMMISSION.
  3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT  PARTICIPATES  IN
THE  PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS
FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY  AGREEMENT  IN
WRITING  TO  WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC-
IPATING IN THE MATCH.

S. 6408                            72                            A. 9008

  4. ALL CONTRACTS CALLING FOR THE SERVICES  OF  A  PROFESSIONAL  IN  AN
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORT  AND ENTERED INTO BY LICENSED
PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF  THE  PARTIES  IN
SUCH  CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO
DISTRIBUTE,  TELEVISE  OR OTHERWISE TRANSMIT ANY AUTHORIZED PROFESSIONAL
COMBATIVE SPORT OVER THE AIRWAVES OR BY CABLE SHALL BE  SUBJECT  TO  THE
APPROVAL  OF  THE  COMMISSION AND COPIES THEREOF SHALL BE FILED WITH THE
COMMISSION  BY  SUCH  CORPORATION,  PROFESSIONAL   OR   MANAGER   WITHIN
FORTY-EIGHT  HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST TEN
BUSINESS DAYS PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES  OF  BOUTS,
TO  WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE FOR
GOOD CAUSE SHOWN.
  S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS
ARTICLE, "PROFESSIONAL  WRESTLING"  SHALL  MEAN  AN  ACTIVITY  IN  WHICH
PARTICIPANTS  STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF PROVID-
ING ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA  FIDE
ATHLETIC CONTEST OR COMPETITION.
  2.  EVERY  PERSON,  PARTNERSHIP  OR  CORPORATION PROMOTING ONE OR MORE
PROFESSIONAL WRESTLING EXHIBITIONS IN THIS STATE SHALL  BE  REQUIRED  TO
OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS
SUBJECT  TO  TERMS AND CONDITIONS PROMULGATED BY THE COMMISSION PURSUANT
TO RULE AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF  THIS  ARTICLE.
EACH  APPLICANT  SHALL  PAY  AN ANNUAL FEE ESTABLISHED BY THE COMMISSION
PURSUANT TO RULE.
  3. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION  IN  THE
STATE  SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE
OF THE HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL  EXECUTE  AND
FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU-
SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER-
EON  BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF
PROFESSIONAL WRESTLER'S PURSES, SALARIES OF CLUB EMPLOYEES  LICENSED  BY
THE  COMMISSION,  THE  LEGITIMATE  EXPENSES  OF PRINTING TICKETS AND ALL
ADVERTISING MATERIAL, PAYMENTS  TO  SPONSORING  ORGANIZATIONS,  AND  THE
APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX.
  4.  A  LICENSED  PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION SHALL
PROVIDE FOR A LICENSED PHYSICIAN TO BE PRESENT AT EACH  EXHIBITION,  AND
SUCH  PHYSICIAN  SHALL  EXAMINE EACH WRESTLER PRIOR TO EACH PERFORMANCE,
AND EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN  ACCORD-
ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION.
  5.  EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES SIX
OR MORE EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE  IN  PLACE
AN  ANTI-DRUG  PLAN  AND  FILE WITH THE COMMISSION A WRITTEN COPY OF THE
PLAN. EACH SUCH PLAN SHALL ADDRESS THE USE  OF  A  CONTROLLED  SUBSTANCE
DEFINED  IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH PLAN
SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING:
  (A) DISSEMINATION OF EDUCATIONAL MATERIALS TO  PROFESSIONAL  WRESTLERS
WHO  PERFORM  FOR ANY SUCH PROMOTER INCLUDING A LIST OF PROHIBITED DRUGS
AND AVAILABLE REHABILITATION SERVICES; AND
  (B) A REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL  WRESTLER  TO
OBTAIN REHABILITATION SERVICES.
  S  1018.  PROHIBITED  CONDUCT. 1. NO CORPORATION OR PERSON SHALL HAVE,
EITHER DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A  PROFESSIONAL
BOXER  COMPETING  ON  PREMISES  OWNED  OR  LEASED  BY THE CORPORATION OR
PERSON, OR IN WHICH SUCH CORPORATION OR PERSON IS  OTHERWISE  INTERESTED
EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.

S. 6408                            73                            A. 9008

  2.  NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL BE
PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE
COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS
OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR.
  3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY
PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR
SECOND,  WHO  SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR
COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF
HIS OR HER LICENSE BY THE COMMISSION AND  ANY  OTHER  APPROPRIATE  LEGAL
REMEDIES.
  4.  NO  LICENSED  PROMOTER  OR  MATCHMAKER SHALL KNOWINGLY ENGAGE IN A
COURSE OF CONDUCT IN WHICH FIGHTS ARE ARRANGED  WHERE  ONE  PROFESSIONAL
HAS  SKILLS  OR  EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER PROFES-
SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO
THE PROFESSIONAL.
  S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS  FROM
A  PROHIBITED  COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR,
AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN  CONVICTED
IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION.
  2.  ANY  PERSON  WHO  KNOWINGLY  ADVANCES OR PROFITS FROM A PROHIBITED
COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT  TO  EXCEED
FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN
DERIVED  THEREFROM  WHICHEVER  IS GREATER, OR FOR A SUBSEQUENT VIOLATION
TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED  THERE-
FROM  WHICHEVER  IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO
COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES  AND  TO  OBTAIN
INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION.
  3.  ANY  PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY
COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR
HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN
THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY  PERSON  WHO  PARTIC-
IPATES  IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER, TIMEKEEP-
ER, PROFESSIONAL, MANAGER,  TRAINER,  OR  SECOND  WITHOUT  FIRST  HAVING
PROCURED  AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHERE
SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF
A MISDEMEANOR. ANY PERSON, PARTNERSHIP OR  CORPORATION  WHO  PROMOTES  A
PROFESSIONAL  WRESTLING  MATCH  OR EXHIBITION IN THE STATE WITHOUT FIRST
HAVING PROCURED AN APPROPRIATE LICENSE IN ACCORDANCE  WITH  SECTION  ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR.
  4.  ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR
OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS  ARTICLE,  THAT  SHALL
KNOWINGLY  VIOLATE  ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION
OF THIS ARTICLE, IN ADDITION TO ANY OTHER  PENALTY  BY  LAW  PRESCRIBED,
SHALL  BE  LIABLE  TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS
FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR
THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION,
TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF  THE
STATE  OF  NEW  YORK  IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR
CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY
COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY  AS  IMPOSED
IN  SETTLEMENT  THEREOF.  FOR  THE PURPOSES OF THIS SECTION, EACH TRANS-
ACTION OR STATUTORY  VIOLATION  SHALL  CONSTITUTE  A  SEPARATE  OFFENSE,
EXCEPT  THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST
UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT
PROCEEDING.

S. 6408                            74                            A. 9008

  5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED  PURSU-
ANT  TO  SUBDIVISION  TWO  OF SECTION ONE THOUSAND NINE OF THIS ARTICLE,
WHICH INFRACTION MAY INCLUDE MORE THAN  ONE  INDIVIDUAL  VIOLATION,  THE
COMMISSION  MAY  IMPOSE  A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS
FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL-
ITY'S  LICENSE  UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED.  ON THE
SECOND SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP  TO
FIVE  HUNDRED  DOLLARS  FOR  EACH  HEALTH  AND  SAFETY VIOLATION AND MAY
SUSPEND  THE  TRAINING  FACILITY'S  LICENSE  UNTIL  THE   VIOLATION   OR
VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT
INFRACTIONS,  THE  COMMISSION  MAY  IMPOSE  A  CIVIL FINE OF UP TO SEVEN
HUNDRED FIFTY DOLLARS FOR EACH  HEALTH  AND  SAFETY  VIOLATION  AND  MAY
REVOKE THE TRAINING FACILITY'S LICENSE.
  6.  ANY  INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING TO FULLY
COMPLY WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE  THOUSAND
FIFTEEN  OF  THIS  ARTICLE SHALL BE SUBJECT TO A PENALTY OF FIVE HUNDRED
DOLLARS TO BE COLLECTED BY AND PAID TO THE DEPARTMENT  OF  STATE.    ANY
INDIVIDUAL,  CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM OPERAT-
ING ANY SHOWS OR EXHIBITIONS UNTIL ALL PENALTIES DUE  PURSUANT  TO  THIS
SECTION  AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE NINE-
TEEN OF THE TAX LAW HAVE BEEN PAID.
  7. ALL PENALTIES IMPOSED AND COLLECTED  BY  THE  COMMISSION  FROM  ANY
CORPORATION,  ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS OF
THIS ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED  UNDER
AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER-
EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY.
  S  1020.  SUBPOENAS  BY  COMMISSION;  OATHS. THE COMMISSION SHALL HAVE
AUTHORITY TO ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE  SEAL  OF
THE  COMMISSION,  SUBPOENAS  FOR  THE ATTENDANCE OF WITNESSES BEFORE THE
COMMISSION. A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE  REGULATED  BY
THE CIVIL PRACTICE LAW AND RULES.
  S  1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS PROVIDED
IN SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN  OF  THIS  ARTICLE
SHALL  NOT  BE  CONSTRUED  TO APPLY TO ANY SPARRING OR BOXING CONTEST OR
EXHIBITION CONDUCTED UNDER THE SUPERVISION OR THE  CONTROL  OF  THE  NEW
YORK  STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS
ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION
WHERE THE CONTESTANTS ARE ALL  AMATEURS,  SPONSORED  BY  AND  UNDER  THE
SUPERVISION  OF  ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF
LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY
BUSINESS ENTITY INCORPORATED FOR THE PURPOSES OF  PROVIDING  INSTRUCTION
AND  EVALUATION  IN  A  COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF
HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR  PARTICIPATION
IN  AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO
ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE  ALL  AMATEURS
SPONSORED  BY  AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI-
ATION OR, IN THE CASE OF BOXING, THE U.S.  AMATEUR BOXING FEDERATION  OR
ITS  LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS
TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE,  TO  ANY  PROFESSIONAL
WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID-
UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS
OR  EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE
STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT  TO
THIS  SECTION  MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR
ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS.

S. 6408                            75                            A. 9008

  S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION  SHALL
BE  PAID  INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM
THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS
PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW.
  S  3.  Subdivision  1  of  section  451  of the tax law, as amended by
section 1 of part F of chapter 407 of the laws of 1999,  is  amended  to
read as follows:
  1.  "Gross  receipts  from  ticket  sales"  shall mean the total gross
receipts of every person from the sale of tickets to  any  [professional
or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED
COMBATIVE SPORT held in this state, and without any deduction whatsoever
for  commissions, brokerage, distribution fees, advertising or any other
expenses, charges and recoupments in respect thereto.
  S 4. Section 451 of the tax law is amended by adding a new subdivision
4 to read as follows:
  4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR-
IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW.
  S 5. Section 452 of the tax law, as amended by section 2 of part F  of
chapter 407 of the laws of 1999, is amended to read as follows:
  S  452.  Imposition  of  tax.  1. On and after October first, nineteen
hundred ninety-nine, a tax is hereby imposed and shall be paid upon  the
gross  receipts  of  every  person  holding  any professional or amateur
boxing, sparring or wrestling match or exhibition in  this  state.  Such
tax  shall  be  imposed on such gross receipts, exclusive of any federal
taxes, as follows:
  (a) three percent of gross receipts from ticket sales, except that  in
no  event  shall  the tax imposed by this [subdivision] PARAGRAPH exceed
fifty thousand dollars for any match or exhibition;
  (b) three percent of gross receipts from broadcasting  rights,  except
that  in  no event shall the tax imposed by this [subdivision] PARAGRAPH
exceed fifty thousand dollars for any match or exhibition.
  2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
BY IMPOSED AND SHALL BE PAID UPON THE GROSS  RECEIPTS  OF  EVERY  PERSON
HOLDING  ANY  AUTHORIZED  COMBATIVE  SPORT IN THIS STATE, OTHER THAN ANY
PROFESSIONAL OR AMATEUR BOXING,  SPARRING  OR  WRESTLING  EXHIBITION  OR
MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS:
  (A)  EIGHT  AND  ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES;
AND
  (B) THREE PERCENT OF THE SUM OF (I) GROSS RECEIPTS  FROM  BROADCASTING
RIGHTS,  AND  (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER THE INTER-
NET, EXCEPT THAT IN NO EVENT SHALL SUCH TAX  IMPOSED  PURSUANT  TO  THIS
PARAGRAPH EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S  6.    The article heading of article 19 of the tax law, as added by
chapter 833 of the laws of 1987, is amended to read as follows:
         [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
                               SPORTS TAX
  S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
amended by section 100 of part A of chapter 389 of the laws of 1997,  is
amended to read as follows:
  (1)  Any  admission charge where such admission charge is in excess of
ten cents to or for the use of any place  of  amusement  in  the  state,
except  charges for admission to race tracks[, boxing, sparring or wres-
tling matches or  exhibitions]  OR  AUTHORIZED  COMBATIVE  SPORTS  which
charges  are  taxed  under  any  other law of this state, or dramatic or
musical arts  performances,  or  live  circus  performances,  or  motion
picture  theaters,  and  except charges to a patron for admission to, or

S. 6408                            76                            A. 9008

use of, facilities for sporting activities in which such patron is to be
a participant, such as bowling alleys and swimming pools. For any person
having the permanent use or possession of a box or seat or a lease or  a
license,  other  than a season ticket, for the use of a box or seat at a
place of amusement, the tax shall be upon the amount for which a similar
box or seat is sold for each performance or exhibition at which the  box
or seat is used or reserved by the holder, licensee or lessee, and shall
be paid by the holder, licensee or lessee.
  S  8.   The section heading of section 1820 of the tax law, as amended
by section 32 of subpart I of part V-1 of chapter  57  of  the  laws  of
2009, is amended to read as follows:
  [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax.
  S 9.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
beverage  control  law,  as added by chapter 254 of the laws of 2001, is
amended to read as follows:
  (b) The prohibition contained in paragraph (a)  of  this  subdivision,
however,  shall  not be applied to any [professional match or exhibition
which consists of boxing, sparring, wrestling, or martial arts and which
is excepted from the definition of the term "combative sport"  contained
in  subdivision  one of section five-a of chapter nine hundred twelve of
the laws of nineteen hundred twenty, as added by chapter fourteen of the
laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT.
  S 10. The department of  state,  with  the  assistance  of  the  state
athletic  commission,  medical advisory board, departments of health and
financial services, state insurance fund, division of  budget  and  such
other  state entities as appropriate, shall carefully consider potential
mechanisms to provide financial resources for the  payment  of  expenses
related  to  medical  and rehabilitative care for professionals licensed
under article forty-one of  the  general  business  law  who  experience
debilitating  brain  injuries  associated  with repetitive head injuries
sustained through their participation in combative sports.  The  depart-
ment  of  state may consult and contract with third parties for services
in the course of this review. The department of state shall  report  its
findings and recommendations to the governor, temporary president of the
senate  and speaker of the assembly within eighteen months of the effec-
tive date of this section.  In addition to the foregoing, within  twelve
months of the effective date of this section, the state athletic commis-
sion shall make any recommendations to the governor, temporary president
of  the senate and speaker of the assembly regarding legislative changes
which may be necessary to effectuate the  purpose  and  intent  of  this
chapter,  including,  but not limited to, appropriate adjustments to the
insurance requirements contained therein.
  S 11. This act shall take effect on the first day of the  first  month
next succeeding the one hundred twentieth day after it shall have become
a law and shall apply to gross receipts from combative sports held on or
after  that date; provided, however, that the addition, amendment and/or
repeal of any rule or regulation of the state athletic commission neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.

                                 PART P

  Section 1. Section 2 of chapter 584 of the laws of 2011, amending  the
public authorities law relating to the powers and duties of the dormito-
ry  authority  of the state of New York relative to the establishment of

S. 6408                            77                            A. 9008

subsidiaries for certain purposes, as amended by section 1 of part X  of
chapter 57 of the laws of 2014, is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2016] 2018; provided however, that the expi-
ration of this act shall not impair  or  otherwise  affect  any  of  the
powers,  duties,  responsibilities,  functions, rights or liabilities of
any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
section 1678 of the public authorities law prior to such expiration.
  S 2. This act shall take effect immediately.

                                 PART Q

  Section 1. Subdivisions 10, 11, 12 and 13 of section 351 of the public
authorities  law  are  REPEALED  and  subdivision  14 of such section is
renumbered subdivision 10.
  S 2. Subdivisions 6, 8 and 10 of section 354 of the public authorities
law, subdivision 6 as amended by chapter 506 of the laws  of  2009,  and
subdivisions 8 and 10 as amended by chapter 766 of the laws of 1992, are
amended to read as follows:
  6.  To  appoint  officers,  agents and employees and fix their compen-
sation, provided, however, that the appointment of the executive  direc-
tor  shall  be  subject to confirmation by the senate in accordance with
section twenty-eight hundred fifty-two of this chapter; subject  however
to  the  provisions  of  the civil service law, which shall apply to the
authority [and to the subsidiary corporation  thereof]  as  a  municipal
corporation other than a city;
  8.  Subject  to agreements with noteholders or bondholders, to fix and
collect such fees, rentals and  charges  for  the  use  of  the  thruway
[system]  or  any part thereof necessary or convenient, with an adequate
margin of safety, to produce sufficient revenue to meet the  expense  of
maintenance  and  operation  and  to fulfill the terms of any agreements
made with the holders of its notes or bonds, and to establish the rights
and privileges granted upon payment thereof[;  provided,  however,  that
tolls may only be imposed for the passage through locks and lift bridges
by  vessels which are propelled in whole or in part by mechanical power;
and provided further that no tolls shall be imposed or  collected  prior
to the first day of April, nineteen hundred ninety-three].
  10.  To  construct,  reconstruct  or  improve  on or along the thruway
[system] in the manner herein  provided,  suitable  facilities  for  gas
stations,  restaurants, and other facilities for the public, or to lease
the right to construct, reconstruct or improve and operate such  facili-
ties;  such  facilities shall be publicly offered for leasing for opera-
tion, or the right to construct, reconstruct or improve and operate such
facilities shall be publicly offered under rules and regulations  to  be
established  by the authority, provided, however, that lessees operating
such facilities at the time this act becomes effective, may  reconstruct
or  improve  them  or  may  construct additional like facilities, in the
manner and upon such terms and conditions as the board shall determine[;
and provided further, however, that such facilities constructed,  recon-
structed  or  improved  on or along the canal system shall be consistent
with the canal recreationway  plan  approved  pursuant  to  section  one
hundred thirty-eight-c of the canal law and section three hundred eight-
y-two of this title];
  S  3. Section 355 of the public authorities law, as amended by chapter
138 of the laws of 1997, is amended to read as follows:

S. 6408                            78                            A. 9008

  S 355. Officers and employees; transfer, promotion and  seniority.  1.
Officers  and  employees  of  state departments, agencies, [or the canal
corporation] OR DIVISIONS may be transferred to the authority and  offi-
cers,  agents and employees of the authority may be transferred to state
departments,  agencies, [or the canal corporation] OR DIVISIONS, without
examination and without loss of any civil service status or  rights.  No
such  transfer  from  the  authority [or canal corporation] to any state
department, agency, or division may, however, be made  except  with  the
approval  of  the  head  of  the  state  department, agency, or division
involved and the director of the budget and in compliance with the rules
and regulations of the state civil service commission.
  2. Promotions from positions in  state  departments  and  agencies  to
positions  in  the authority [or canal corporation], and vice versa, may
be made from interdepartmental promotion lists resulting from  promotion
examinations  in  which  employees  of  the authority[, employees of the
canal corporation,] and employees of the state are eligible  to  partic-
ipate.
  3. In computing seniority for purposes of promotion or for purposes of
suspension or demotion upon the abolition of positions in the service of
the authority or in the service of the state, in the case of an employee
of  the  authority  a  period  of prior employment in the service of the
state shall be counted in the same  manner  as  though  such  period  of
employment  had been in the service of the authority, and in the case of
an employee of the state a period of prior employment in the service  of
the  authority shall be counted in the same manner as though such period
of employment had been in the service of the state. For the purposes  of
the  establishment  and  certification  of  preferred  lists,  employees
suspended from the authority shall be eligible for reinstatement in  the
service  of  the  state, and employees suspended from the service of the
state shall be eligible for reinstatement in the service of the authori-
ty, in the same manner as though the authority were a department of  the
state.  [All provisions contained within this subdivision shall apply to
the canal corporation in the same manner that they apply to the authori-
ty.]
  S  4. Section 357 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 357. Right of authority to use state property; payment for  improve-
ments.  On  assuming  jurisdiction  of  a  thruway  highway  section  or
connection or any part thereof, or of a highway connection, [or  of  the
New  York  state  canal  system,]  the authority shall have the right to
possess and use for its corporate purposes  so  long  as  its  corporate
existence  shall continue, any real property and rights in real property
theretofore acquired by the state, including  all  improvements  thereon
[and  state  canal  lands  and  properties; provided that the use by the
authority of canal lands and properties for highway purposes  shall  not
interfere with the use thereof for canal purposes].
  S  5.  Subdivisions 2 and 3 of section 357-a of the public authorities
law are REPEALED and subdivision 1, as added by section 1 of part  E  of
chapter 58 of the laws of 2013, is amended to read as follows:
  1. Enforcement assistance [shall be] provided by the division of state
police at [a level consistent with historical precedents, as a matter of
state  interest,  on  all  sections  of the thruway. The authority shall
provide goods and services to the division of state police in connection
with its enforcement activity on the  thruway.  The  division  of  state
police and the authority shall enter into an agreement identifying those
goods  and  services  that the authority will provide to the division of

S. 6408                            79                            A. 9008

state police and determine  reporting  and  other  requirements  related
thereto.  Any  costs borne by the state police outside of such agreement
shall not be reimbursed by the authority nor shall they be deemed  costs
of  the  authority]  THE REQUEST OF THE AUTHORITY SHALL BE REIMBURSED BY
THE AUTHORITY TO THE DIVISION OF STATE POLICE FROM THE  GENERAL  RESERVE
FUND  ESTABLISHED BY THE AUTHORITY UNDER ITS AGREEMENT WITH BONDHOLDERS,
AFTER PAYMENT OF ANY AMOUNTS DUE ON ANY BONDS OR NOTES OF THE AUTHORITY.
THE COMPTROLLER IS HEREBY AUTHORIZED AND  DIRECTED  TO  DEPOSIT  TO  THE
POLICING  NYS  THRUWAY  ACCOUNT, REVENUES RECEIVED FROM THE AUTHORITY AS
REIMBURSEMENT FOR PERSONAL  SERVICE  EXPENSES  INCLUDING  GENERAL  STATE
CHARGES.  IN  ADDITION,  THE  AUTHORITY  SHALL REIMBURSE THE DIVISION OF
STATE POLICE FOR  NON-PERSONAL  SERVICE  EXPENSES  CONNECTED  WITH  SUCH
ASSISTANCE.  SUCH  REIMBURSEMENT SHALL BE MADE FROM SUCH GENERAL RESERVE
FUND. THE AUTHORITY SHALL DEPOSIT SAID REIMBURSEMENT FUNDS FOR  NON-PER-
SONAL SERVICE EXPENSES TO THE CREDIT OF THE DIVISION OF STATE POLICE. NO
PAYMENTS  MADE  BY  THE  AUTHORITY UNDER THIS SUBSECTION SHALL BE DEEMED
OPERATING EXPENSES OF THE AUTHORITY.
  S 6. Subdivision 1 of section 359 of the public  authorities  law,  as
amended  by  chapter  766  of  the  laws  of 1992, is amended to read as
follows:
  1. On assuming jurisdiction of a thruway section or connection or  any
part  thereof,  or  of  a  highway connection, [or of the New York state
canal system,] the authority shall proceed with the construction, recon-
struction or improvement thereof. All such work shall be  done  pursuant
to  a contract or contracts which shall be let to the lowest responsible
bidder, by sealed proposals publicly opened, after public  advertisement
and  upon  such  terms  and  conditions  as the authority shall require;
provided, however, that the authority may reject any and  all  proposals
and may advertise for new proposals, as herein provided, if in its opin-
ion,  the  best  interests  of  the  authority will thereby be promoted;
provided further, however, that at the request of the authority, all  or
any  portion of such work, together with any engineering required by the
authority in connection therewith, shall be performed by the commission-
er and his subordinates in the department of  transportation  as  agents
for, and at the expense of, the authority.
  S  7. Section 359-a of the public authorities law, as added by chapter
140 of the laws of 2002, is amended to read as follows:
  S 359-a. Procurement contracts. For the purposes  of  section  twenty-
eight  hundred  seventy-nine of this chapter as applied to the authority
[or the canal corporation], the term "procurement contract"  shall  mean
any  written  agreement  for the acquisition of goods or services of any
kind by the authority [or the canal corporation] in the actual or  esti-
mated amount of fifteen thousand dollars or more.
  S  8. Section 360 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 360. Operation and maintenance. Operation  and  maintenance  by  the
authority of any thruway section or connection or any part thereof or of
a  highway connection[, the New York state canal system] of which it has
assumed jurisdiction shall be performed (a)  by  the  use  of  authority
forces  and equipment at the expense of the authority or by agreement at
the expense of the state or other parties; (b) by contract with  munici-
palities  or independent contractors; (c) at the request of the authori-
ty, by the commissioner and his subordinates in the department of trans-
portation as agents for, and at the expense of the authority, or (d)  by
a combination of such methods.

S. 6408                            80                            A. 9008

  S  9. Section 362 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S  362.  Assistance  by state officers, departments, boards, divisions
and commissions. At the request of the authority, engineering and  legal
services  for such authority shall be performed by forces or officers of
the department of transportation and the department of law respectively,
and all other state officers, departments, boards, divisions and commis-
sions shall render services within their respective  functions.  At  the
request  of the authority, services in connection with the collection of
any charges or fees for the use of the  thruway[,  the  New  York  state
canal  system] or any part thereof may be performed by the department of
motor vehicles.
  S 10. Paragraph (a) of subdivision 1, and paragraph (i) of subdivision
3 of section 365 of the public authorities law, as  amended  by  chapter
766 of the laws of 1992, are amended to read as follows:
  (a)  Subject  to  the provisions of section three hundred sixty-six of
this title, the authority shall have the power and is hereby  authorized
from  time to time to issue its negotiable notes and bonds in conformity
with applicable provisions of the uniform commercial code in such  prin-
cipal  amount as, in the opinion of the authority, shall be necessary to
provide sufficient moneys for achieving the corporate purposes  thereof,
including  construction,  reconstruction  and improvement of the thruway
sections and connections, and highway connections herein described, [the
New York state canal system subject to the provisions of  section  three
hundred  eighty-three  of this title,] together with suitable facilities
and appurtenances, the payment of all indebtedness  to  the  state,  the
cost of acquisition of all real property, the expense of maintenance and
operation,  interest  on  notes  and bonds during construction and for a
reasonable period thereafter, establishment of reserves to secure  notes
or  bonds,  and  all other expenditures of the authority incident to and
necessary or convenient to carry out its corporate purposes and powers.
  (i) the acquisition of jurisdiction over, and of property  for,  thru-
ways,  [the  New  York state canal system,] and the construction, recon-
struction, improvement, maintenance or operation thereof;
  S 11. Section 382 of the public authorities law is REPEALED.
  S 12. Section 383 of the public authorities law is REPEALED.
  S 13. Section 388 of the public authorities law, as added  by  chapter
500 of the laws of 2011, is amended to read as follows:
  S 388. Limitation on powers of the authority. A department, authority,
division or agency of the state shall not offer or permit any officer or
employee of such department, authority, division or agency to use a pass
to  access  and/or  use  the  thruway  [system] without the officer's or
employee's personal payment of tolls except when the use of such a  pass
and/or  use  of  the  thruway [system] without personal payment of tolls
occurs in the normal course of the employment or duties of such  officer
or  employee. This section shall not diminish the rights of any employee
pursuant to a collective bargaining agreement.
  S 14. Subdivisions 18 and 21 of section 2 of the canal  law,  subdivi-
sion  18  as  amended and subdivision 21 as renumbered by chapter 335 of
the laws of 2001, subdivision 21 as added by chapter 442 of the laws  of
1996, are amended and a new subdivision 24 is added to read as follows:
  18.  "Authority"  shall  mean the [New York state thruway authority, a
body corporate and politic constituting a public corporation created and
constituted pursuant to title nine of article two]  POWER  AUTHORITY  OF
THE STATE OF NEW YORK, A BODY CORPORATE AND POLITIC CONSTITUTING A POLI-

S. 6408                            81                            A. 9008

TICAL SUBDIVISION OF THE STATE CREATED AND CONSTITUTED PURSUANT TO TITLE
ONE OF ARTICLE FIVE of the public authorities law.
  21.  "Corporation"  AND  "CANAL  CORPORATION"  shall mean the New York
state canal corporation, [a subsidiary of the  New  York  state  thruway
authority,]  A  PUBLIC  BENEFIT CORPORATION created pursuant to [section
three hundred eighty-two of the public authorities  law]  CHAPTER  SEVEN
HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTIN-
UED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY
OF  THE  STATE  OF  NEW  YORK PURSUANT TO SUBDIVISION ONE OF SECTION ONE
THOUSAND FIVE-B OF THE PUBLIC AUTHORITIES LAW.
  24. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI-
TY, A BODY CORPORATE  AND  POLITIC  CONSTITUTING  A  PUBLIC  CORPORATION
CREATED  AND  CONSTITUTED  PURSUANT  TO TITLE NINE OF ARTICLE TWO OF THE
PUBLIC AUTHORITIES LAW.
  S 15. The article heading of article 1-A of the canal law, as added by
chapter 766 of the laws of 1992, is amended to read as follows:
             TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY]
                POWER AUTHORITY OF THE STATE OF NEW YORK
  S 16. Section 5 of the canal law, as amended by amended chapter 335 of
the laws of 2001, is amended to read as follows:
  S 5. Transfer of powers and duties relating to canals and canal  lands
to  the  [New York state thruway authority] POWER AUTHORITY OF THE STATE
OF NEW YORK. The powers and duties of the [commissioner  of  transporta-
tion]  THRUWAY  AUTHORITY relating to the New York state canal system as
set forth in articles one through and including fourteen, except article
seven, of this chapter, and except properties in use  on  the  effective
date  of  this  article  in  support  of  highway maintenance, equipment
management and traffic signal operations of the department of  transpor-
tation,  HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPORTATION TO
THE THRUWAY AUTHORITY, are hereby transferred to  and  merged  with  the
authority,  to  be  exercised  by  the authority DIRECTLY OR THROUGH THE
CANAL CORPORATION on behalf of the people of the state of New  York.  In
addition, the commissioner of transportation and the [chairman] CHAIR of
the  authority  OR  HIS  OR HER DESIGNEE may, in their discretion, enter
into an agreement or agreements transferring the powers  and  duties  of
the commissioner of transportation relating to any or all of the bridges
and  highways as set forth in article seven of this chapter, to be exer-
cised by the authority DIRECTLY OR  THROUGH  THE  CANAL  CORPORATION  on
behalf  of the people of the state of New York, and, AS DETERMINED TO BE
FEASIBLE AND ADVISABLE BY THE AUTHORITY'S TRUSTEES, shall enter into  an
agreement  or  agreements  DIRECTLY OR THROUGH THE CANAL CORPORATION for
the financing, construction, reconstruction or improvement of  lift  and
movable bridges on the canal system. Such powers shall be in addition to
other powers enumerated in title [nine] ONE of article [two] FIVE of the
public  authorities  law.   All of the provisions of title [nine] ONE of
article [two] FIVE of such law which  are  not  inconsistent  with  this
chapter  shall apply to the actions and duties of the authority pursuant
to this chapter. The authority shall be deemed to be the state in  exer-
cising  the  powers  and duties transferred pursuant to this section but
for no other purposes.
  S 17. Subdivisions 1, 2, 3, 4 and 5 of section 6  of  the  canal  law,
subdivisions  2  and  5 as added by chapter 766 of the laws of 1992, and
subdivisions 1, 3 and 4 as amended by chapter 335 of the laws  of  2001,
are amended to read as follows:
  1.  The  jurisdiction  of the [commissioner of transportation] THRUWAY
AUTHORITY over the New York  state  canal  system  and  over  all  state

S. 6408                            82                            A. 9008

assets,  equipment  and property, both tangible and intangible, owned or
used in connection with the planning, development, construction,  recon-
struction, maintenance and operation of the New York state canal system,
as  set  forth  in  articles  one through and including fourteen, except
article seven, of this chapter, and except  properties  in  use  on  the
effective date of this article in support of highway maintenance, equip-
ment  management  and  traffic  signal  operations  of the department of
transportation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF  TRANSPOR-
TATION  TO THE THRUWAY AUTHORITY, are hereby transferred without consid-
eration to the authority, to be held by the authority in the name of the
people of the state of New York. In addition the commissioner of  trans-
portation and the [chairman] CHAIR of the authority OR HIS OR HER DESIG-
NEE  may,  in  their  discretion,  enter into an agreement or agreements
transferring jurisdiction over any or all of the  bridges  and  highways
set forth in article seven of this chapter, and any or all state assets,
equipment  and  property, both tangible and intangible, owned or used in
connection with the planning, development, construction, reconstruction,
maintenance and operation of such bridges and highways, which  shall  be
transferred  without  consideration  to the authority, to be held by the
authority through the corporation in the name of the people of the state
of New York. Any other rights and obligations resulting from or  arising
out  of  the planning, development, construction, reconstruction, opera-
tion or maintenance of the New York state canal system shall  be  deemed
assigned  to  and shall be exercised by the authority through the corpo-
ration, except that the authority may  designate  the  [commissioner  of
transportation]  CHAIR  OF THE THRUWAY AUTHORITY to be its agent for the
operation and maintenance of the New York state canal  system,  provided
that  such  designation shall have no force or effect after [March thir-
ty-first, nineteen hundred ninety-three]  JANUARY  FIRST,  TWO  THOUSAND
SEVENTEEN.  Such canal system shall remain the property of the state and
under its management and control as exercised by and through the author-
ity,  through  the corporation which shall be deemed to be the state for
the purposes of such management and control of the  canals  but  for  no
other purposes.
  2. The department of transportation AND THRUWAY AUTHORITY shall deliv-
er  to  the  authority  all  books, policies, procedures, papers, plans,
maps, records, equipment and property of such department  pertaining  to
the functions transferred pursuant to this article.
  3.  All rules, regulations, acts, determinations, orders and decisions
of the commissioner of transportation [and of the], department of trans-
portation, OR THRUWAY AUTHORITY pertaining to the functions  transferred
pursuant  to  this  article  in force at the time of such transfer shall
continue in force and  effect  as  rules,  regulations,  acts,  determi-
nations,  orders  and  decisions  of the authority and corporation until
duly modified or abrogated by such authority [and] OR corporation.
  4. Any business or  other  matters  undertaken  or  commenced  by  the
[commissioner  of  transportation  or  the department of transportation]
THRUWAY AUTHORITY,  including  executed  contracts,  permits  and  other
agreements,  BUT  EXCLUDING  BONDS,  NOTES OR OTHER EVIDENCES OF INDEBT-
EDNESS, pertaining to or connected with the [functions,] powers,  [obli-
gations  and]  duties AND OBLIGATIONS transferred pursuant to this arti-
cle, and in effect on the effective date [hereof]  OF  THE  TRANSFER  OF
SUCH MATTERS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY PROVIDED FOR IN
THIS ARTICLE, shall, EXCEPT AS OTHERWISE AGREED BY THE AUTHORITY AND THE
THRUWAY  AUTHORITY,  be conducted and completed by the authority through
the corporation in the same manner and under the same terms  and  condi-

S. 6408                            83                            A. 9008

tions  and  with  the  same  effect as if conducted and completed by the
[commissioner of transportation or  the  department  of  transportation]
THRUWAY  AUTHORITY,  PROVIDED  THAT NOTHING IN THIS SUBDIVISION SHALL BE
DEEMED  TO  REQUIRE  THE  AUTHORITY  TO TAKE ANY ACTION IN A MANNER THAT
WOULD IN ITS JUDGMENT BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR
NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF  THE  AUTHORI-
TY'S BONDS, NOTES OR OTHER OBLIGATIONS.
  5.  No  existing  rights  or  remedies  of  the state, [including the]
authority, THRUWAY  AUTHORITY,  OR  CANAL  CORPORATION  shall  be  lost,
impaired or affected by reason of this article.
  S 18. Subdivision 6 of section 6 of the canal law, as added by chapter
766  of the laws of 1992, paragraph (b) as amended by chapter 335 of the
laws of 2001, is amended and a new subdivision 7 is  added  to  read  as
follows:
  6.  (a) No action or proceeding pending on the effective date of [this
article,] THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE  THRU-
WAY AUTHORITY TO THE AUTHORITY brought by or against THE THRUWAY AUTHOR-
ITY,  the  commissioner  of  transportation  [or],  THE CORPORATION, the
department of transportation OR THE AUTHORITY shall be affected by  this
article.  Any  liability  arising  out  of any act or omission occurring
prior to the effective date of the transfer of THE powers [and],  duties
[authorized  herein]  AND  OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE
AUTHORITY, of the officers, employees or agents of THE THRUWAY  AUTHORI-
TY,  the department of transportation, or any other agency of the state,
other than the authority, in the performance  of  their  obligations  or
duties  under  the  canal law, any other law of the state or any federal
law, or pursuant to a contract entered into prior to the effective  date
of such transfer, shall remain a liability of THE THRUWAY AUTHORITY, the
department  of  transportation or such other agency of the state and not
of the authority.
  (b) Notwithstanding any provision to the contrary contained  in  para-
graph  (a) of this subdivision, the state shall indemnify and hold harm-
less the THRUWAY authority [and], THE corporation AND THE AUTHORITY  for
any  and  all  claims, damages, or liabilities, whether or not caused by
negligence, including civil and criminal fines, arising out of or relat-
ing to any generation, processing,  handling,  transportation,  storage,
treatment,  or disposal of solid or hazardous wastes in the canal system
by any person or entity other than the THRUWAY AUTHORITY OR THE authori-
ty occurring prior to [the effective date of the transfer of powers  and
duties  authorized  herein]  AUGUST  THIRD, NINETEEN HUNDRED NINETY-TWO.
Such indemnification shall extend to, without limitation,  any  releases
into  land,  water  or  air,  including  but  not limited to releases as
defined under the federal comprehensive environmental  response  compen-
sation and liability act of nineteen hundred eighty, occurring or exist-
ing prior to [the effective date of this section] AUGUST THIRD, NINETEEN
HUNDRED NINETY-TWO; provided that the THRUWAY AUTHORITY, THE CORPORATION
AND  THE  authority shall cooperate in the investigation and remediation
of hazardous waste and other environmental problems.
  (C) NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED  IN  PARA-
GRAPH (A) OF THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL INDEMNIFY AND
HOLD  HARMLESS THE CORPORATION AND THE AUTHORITY FOR ANY AND ALL CLAIMS,
DAMAGES, OR LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE,  INCLUDING
CIVIL  AND CRIMINAL FINES, ARISING OUT OF OR RELATING TO ANY GENERATION,
PROCESSING, HANDLING, TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF
SOLID OR HAZARDOUS WASTES IN THE CANAL SYSTEM BY ANY  PERSON  OR  ENTITY
OTHER  THAN THE AUTHORITY OCCURRING AFTER AUGUST THIRD, NINETEEN HUNDRED

S. 6408                            84                            A. 9008

NINETY-TWO AND NO LATER THAN THE  EFFECTIVE  DATE  OF  THE  TRANSFER  OF
POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHOR-
ITY.  SUCH  INDEMNIFICATION  SHALL  EXTEND  TO,  WITHOUT LIMITATION, ANY
RELEASES  INTO LAND, WATER OR AIR, INCLUDING BUT NOT LIMITED TO RELEASES
AS  DEFINED  UNDER  THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE
COMPENSATION  AND LIABILITY ACT OF NINETEEN HUNDRED EIGHTY, OCCURRING OR
EXISTING PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER OF  POWERS,  DUTIES
AND  OBLIGATIONS  FROM  THE THRUWAY AUTHORITY TO THE AUTHORITY; PROVIDED
THAT THE CORPORATION AND THE AUTHORITY SHALL COOPERATE IN  THE  INVESTI-
GATION  AND REMEDIATION OF HAZARDOUS WASTE AND OTHER ENVIRONMENTAL PROB-
LEMS.
  (D) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE THRUWAY AUTHORI-
TY SHALL RETAIN ALL LIABILITIES, WHETHER OR NOT  CAUSED  BY  NEGLIGENCE,
ARISING OUT OF ANY ACTS OR OMISSIONS OCCURRING ON OR AFTER AUGUST THIRD,
NINETEEN  HUNDRED  NINETY-TWO, IN CONNECTION WITH ITS POWERS, DUTIES AND
OBLIGATIONS WITH RESPECT TO THE CORPORATION. THE AUTHORITY AND THE STATE
SHALL NOT BE HELD LIABLE IN CONNECTION WITH ANY LIABILITIES ARISING  OUT
OF SUCH ACTS OR OMISSIONS.
  7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN CONNECTION
WITH  THE  TRANSFER  OF JURISDICTION OF THE CORPORATION TO THE AUTHORITY
AND THE ASSUMPTION OF MANAGEMENT OF  THE  CORPORATION  AS  A  SUBSIDIARY
CORPORATION  OF THE AUTHORITY PURSUANT TO THE CHAPTER OF THE LAWS OF TWO
THOUSAND SIXTEEN WHICH ADDED THIS  SUBDIVISION,  THE  THRUWAY  AUTHORITY
SHALL  HAVE THE POWER TO FULFILL ANY EXISTING AGREEMENTS OR OBLIGATIONS,
MAKE ANY AGREEMENTS, RECEIVE, RETAIN OR PAY ANY FUNDS, DEEMED  NECESSARY
AND  IN  THE  PUBLIC INTEREST TO EFFECTUATE THE PROVISIONS AND INTENT OF
THIS CHAPTER, INCLUDING BUT NOT LIMITED TO, THE ENTERING INTO ANY AGREE-
MENTS WITH THE CORPORATION, THE AUTHORITY AND ANY OTHER FEDERAL,  STATE,
MUNICIPAL OR OTHER ENTITIES, AND TO RECEIVE FUNDS FROM THE FEDERAL EMER-
GENCY MANAGEMENT AGENCY OR THE STATE, TO FULFILL THE THRUWAY AUTHORITY'S
EXISTING  FINANCIAL  OR  OTHER OBLIGATIONS ARISING FROM ITS JURISDICTION
OVER THE CANAL SYSTEM AND THE CORPORATION.
  S 19. Subdivisions 2 and 5 of section 92-u of the state  finance  law,
subdivision  2 as added by chapter 766 of the laws of 1992, and subdivi-
sion 5 as amended by chapter 483 of the laws of  1996,  are  amended  to
read as follows:
  2. Such fund shall consist of all revenues received from the operation
of  the  New York state canal system as defined in section three hundred
fifty-one of the public authorities law and section  two  of  the  canal
law,  including payments on leases for use of canal lands, terminals and
terminal lands,  tolls  received  for  lock  and  lift  bridge  passage,
payments  for  hydroelectric  easements and sales, for purchase of other
abandoned canal lands, payments for any permits and leases  for  use  of
the  water and lands of the system and payments for use of dry docks and
other moneys made available to the fund from any other source other than
a grant, loan or other inter-corporate transfer of  funds  of  the  [New
York  state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK,
and any income earned by, or incremental to, the fund due to  investment
thereof, or any repayment of any moneys advanced by the fund.
  5.  Moneys  of  the  fund, following appropriation by the legislature,
shall be available to the  [New  York  state  thruway  authority]  POWER
AUTHORITY OF THE STATE OF NEW YORK and shall be expended by such author-
ity  or  [subsidiary corporation thereof] THE CANAL CORPORATION only for
the maintenance, construction, reconstruction, development or  promotion
of  the  canal  system[;  provided,  however, that in the initial years,
expenditures of moneys of the fund for the development and/or  promotion

S. 6408                            85                            A. 9008

of  the  canal  system  shall be accorded a priority by the authority or
subsidiary corporation thereof]. In addition, moneys of the fund may  be
used  for  the purposes of interpretive signage and promotion for appro-
priate  historically  significant  Erie  canal  lands and related sites.
Moneys shall be paid out of the fund by the state comptroller on certif-
icates issued by the director of the budget.
  S 20. Notwithstanding any other provision of law, the power  authority
of  the  state  of  New York ("power authority"), New York state thruway
authority and New York state canal  corporation  ("canal  corporation"),
and  any  other  state  or  municipal agency, department, office, board,
division, commission, public authority or public benefit corporation may
enter into such agreements and understandings relating to the transition
of the canal corporation to its status as  a  subsidiary  of  the  power
authority  and  for the administration, maintenance and operation of the
canal corporation and the canal system as they  may  deem  necessary  or
desirable.
  S  21. Section 1005 of the public authorities law is amended by adding
a new subdivision 25 to read as follows:
  25. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,  TO  ACCEPT  GIFTS,
GRANTS,  LOANS,  OR  CONTRIBUTIONS OF FUNDS OR PROPERTY IN ANY FORM FROM
THE FEDERAL GOVERNMENT OR ANY AGENCY OR INSTRUMENTALLY THEREOF  OR  FROM
THE  STATE  OR  ANY  OTHER SOURCE (COLLECTIVELY, "RESOURCES"), AND ENTER
INTO CONTRACTS OR OTHER TRANSACTIONS REGARDING SUCH  RESOURCES,  AND  TO
USE SUCH RESOURCES FOR ANY OF ITS CORPORATE PURPOSES.
  S  22.  The  public authorities law is amended by adding a new section
1005-b to read as follows:
  S 1005-B. NEW YORK STATE CANAL  CORPORATION.  1.  THE  PUBLIC  BENEFIT
CORPORATION KNOWN AS THE "NEW YORK STATE CANAL CORPORATION" (HEREINAFTER
REFERRED  TO  AS THE "CANAL CORPORATION") CREATED AS A SUBSIDIARY CORPO-
RATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN
HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO  IS  HEREBY
CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE AUTHORITY
AND  SHALL  HAVE  ONLY THE POWER TO OPERATE, MAINTAIN, CONSTRUCT, RECON-
STRUCT, IMPROVE, DEVELOP, FINANCE, AND PROMOTE ALL OF THE CANALS,  CANAL
LANDS,  FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS
AND OTHER PROPERTY UNDER  THE  JURISDICTION  OF  THE  CANAL  CORPORATION
PURSUANT  TO  ARTICLE ONE-A OF THE CANAL LAW (HEREINAFTER REFERRED TO AS
THE "CANAL SYSTEM"). REFERENCE IN ANY PROVISION OF LAW, GENERAL, SPECIAL
OR LOCAL, OR IN ANY RULE, REGULATION OR PUBLIC  DOCUMENT  TO  THE  CANAL
CORPORATION  OR  THE  CANAL  CORPORATION AS A SUBSIDIARY OF THE NEW YORK
STATE THRUWAY AUTHORITY SHALL BE DEEMED TO BE AND CONSTRUED AS A  REFER-
ENCE TO THE CANAL CORPORATION CONTINUED BY THIS SECTION.
  2. THE MANAGEMENT AND ADMINISTRATION OF THE CANAL CORPORATION SHALL BE
AN ADDITIONAL CORPORATE PURPOSE OF THE AUTHORITY. TO THE EXTENT THAT THE
TRUSTEES  DEEM  IT FEASIBLE AND ADVISABLE, THE AUTHORITY MAY TRANSFER TO
THE CANAL CORPORATION ANY MONEYS, REAL, PERSONAL, OR MIXED  PROPERTY  OR
ANY  PERSONNEL  IN  ORDER  TO  CARRY  OUT  THE PURPOSES OF THIS SECTION,
PROVIDED THAT NOTHING IN THIS SECTION SHALL BE  DEEMED  TO  REQUIRE  THE
AUTHORITY  TO  APPLY  ANY  MONEYS,  REVENUES  OR PROPERTY OR TO TAKE ANY
ACTION IN A MANNER THAT WOULD BE INCONSISTENT WITH THE PROVISIONS OF ANY
BOND OR NOTE RESOLUTION OR ANY OTHER CONTRACT WITH THE  HOLDERS  OF  THE
AUTHORITY'S BONDS, NOTES OR OTHER OBLIGATIONS.
  3.  THE  CANAL  CORPORATION  AND  ANY  OF ITS PROPERTY, FUNCTIONS, AND
ACTIVITIES SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX  EXEMPTIONS
AND  OTHER  EXEMPTIONS OF THE AUTHORITY AND OF THE AUTHORITY'S PROPERTY,
FUNCTIONS, AND ACTIVITIES. THE CANAL CORPORATION SHALL BE SUBJECT TO THE

S. 6408                            86                            A. 9008

RESTRICTIONS AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT.  THE
CANAL  CORPORATION  MAY  DELEGATE  TO ONE OR MORE OF ITS MEMBERS, OR ITS
OFFICERS, AGENTS AND EMPLOYEES, SUCH DUTIES AND POWERS AS  IT  MAY  DEEM
PROPER.
  4.  EXCLUSIVE  JURISDICTION  IS  CONFERRED UPON THE COURT OF CLAIMS TO
HEAR AND DETERMINE THE CLAIMS OF ANY PERSON  AGAINST  THE  CANAL  CORPO-
RATION  (A)  FOR  ITS TORTIOUS ACTS AND THOSE OF ITS AGENTS, AND (B) FOR
BREACH OF A CONTRACT, RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVE-
MENT, MAINTENANCE OR OPERATION, IN THE SAME MANNER  AND  TO  THE  EXTENT
PROVIDED  BY  AND  SUBJECT  TO THE PROVISIONS OF THE COURT OF CLAIMS ACT
WITH RESPECT TO CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND  RENDER
JUDGMENTS  THEREFOR.   ALL AWARDS AND JUDGMENTS ARISING FROM SUCH CLAIMS
SHALL BE PAID OUT OF MONEYS OF THE CANAL CORPORATION.
  5. THE MEMBERS OF THE CANAL CORPORATION  SHALL  BE  THE  SAME  PERSONS
HOLDING THE OFFICES OF TRUSTEES OF THE AUTHORITY.
  6.  NO  OFFICER  OR  MEMBER OF THE CANAL CORPORATION SHALL RECEIVE ANY
ADDITIONAL  COMPENSATION,  EITHER  DIRECT  OR   INDIRECT,   OTHER   THAN
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
ANCE  OF HIS OR HER DUTIES, BY REASON OF HIS OR HER SERVING AS A MEMBER,
DIRECTOR, OR TRUSTEE OF THE CANAL CORPORATION.
  7. THE EMPLOYEES OF THE CANAL CORPORATION SHALL NOT BE  DEEMED  TO  BE
EMPLOYEES  OF  THE  AUTHORITY BY REASON OF THEIR EMPLOYMENT BY THE CANAL
CORPORATION. ALL OFFICERS AND EMPLOYEES OF THE CANAL  CORPORATION  SHALL
BE  SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW WHICH SHALL APPLY
TO THE CANAL CORPORATION AS A MUNICIPAL CORPORATION OTHER THAN  A  CITY.
THE  CANAL CORPORATION SHALL PARTICIPATE IN THE NEW YORK STATE AND LOCAL
EMPLOYEES' RETIREMENT SYSTEM. NOTHING CONTAINED IN A CHAPTER OF THE LAWS
OF TWO THOUSAND SIXTEEN THAT ADDED THIS SECTION SHALL  BE  CONSTRUED  TO
AFFECT THE RIGHTS OF THE CANAL CORPORATION OR ANY OF ITS EMPLOYEES UNDER
ANY  COLLECTIVE  BARGAINING AGREEMENT IN EFFECT AS OF THE EFFECTIVE DATE
OF TRANSFER OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY  TO  THE
AUTHORITY.
  8.  THE  FISCAL YEAR OF THE CANAL CORPORATION SHALL BE THE SAME AS THE
FISCAL YEAR FOR THE AUTHORITY.
  9. THE CANAL CORPORATION SHALL HAVE THE POWER TO:
  (A)  OPERATE,  MAINTAIN,  CONSTRUCT,  RECONSTRUCT,  IMPROVE,  DEVELOP,
FINANCE, AND PROMOTE THE CANAL SYSTEM;
  (B) SUE AND BE SUED;
  (C) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  (D)  MAKE  AND ALTER BY-LAWS FOR ITS ORGANIZATION AND INTERNAL MANAGE-
MENT AND MAKE RULES AND REGULATIONS GOVERNING THE USE  OF  ITS  PROPERTY
AND FACILITIES;
  (E) APPOINT OFFICERS AND EMPLOYEES AND FIX THEIR COMPENSATION;
  (F)  MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY OR
CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP-
TER;
  (G) ACQUIRE, HOLD, AND DISPOSE OF REAL OR PERSONAL  PROPERTY  FOR  ITS
CORPORATE PURPOSES;
  (H) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR
RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
  (I)  PROCURE  INSURANCE AGAINST ANY LOSS IN CONNECTION WITH ITS ACTIV-
ITIES, PROPERTIES, AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR-
ERS AS IT DEEMS DESIRABLE;
  (J) INVEST ANY FUNDS OF THE CANAL CORPORATION,  OR  ANY  OTHER  MONIES
UNDER  ITS  CUSTODY  AND  CONTROL  NOT  REQUIRED  FOR  IMMEDIATE  USE OR
DISBURSEMENT, AT THE DISCRETION OF THE CANAL CORPORATION, IN OBLIGATIONS

S. 6408                            87                            A. 9008

OF THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE  PRINCI-
PAL  AND  INTEREST  OF  WHICH  ARE GUARANTEED BY THE STATE OR THE UNITED
STATES GOVERNMENT, OR IN ANY OTHER OBLIGATIONS IN WHICH THE  COMPTROLLER
OF  THE STATE IS AUTHORIZED TO INVEST PURSUANT TO SECTION NINETY-EIGHT-A
OF THE STATE FINANCE LAW;
  (K) EXERCISE THOSE POWERS AND DUTIES OF THE AUTHORITY DELEGATED TO  IT
BY THE AUTHORITY;
  (L)  PREPARE AND SUBMIT A CAPITAL PROGRAM PLAN PURSUANT TO SECTION TEN
OF THE CANAL LAW;
  (M) APPROVE AND IMPLEMENT THE NEW YORK STATE CANAL RECREATIONWAY  PLAN
SUBMITTED  PURSUANT  TO  SECTION ONE HUNDRED THIRTY-EIGHT-C OF THE CANAL
LAW. THE CANAL CORPORATION'S REVIEW AND APPROVAL OF  THE  CANAL  RECREA-
TIONWAY PLAN SHALL BE BASED UPON ITS CONSIDERATION OF A GENERIC ENVIRON-
MENTAL  IMPACT STATEMENT PREPARED BY THE CANAL CORPORATION IN ACCORDANCE
WITH ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND  THE  REGU-
LATIONS  THEREUNDER.  PRIOR  TO  THE  IMPLEMENTATION  OF ANY SUBSTANTIAL
IMPROVEMENT BY THE CANAL CORPORATION ON CANAL LANDS, CANAL TERMINALS, OR
CANAL TERMINAL LANDS, OR THE LEASE OF CANAL LANDS, CANAL  TERMINALS,  OR
CANAL  TERMINAL  LANDS FOR SUBSTANTIAL COMMERCIAL IMPROVEMENT, THE CANAL
CORPORATION, IN ADDITION TO ANY REVIEW TAKEN PURSUANT TO  SECTION  14.09
OF  THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, SHALL CONDUCT A
RECONNAISSANCE LEVEL SURVEY WITHIN THREE THOUSAND FEET OF SUCH LANDS  TO
BE  IMPROVED  OF THE TYPE, LOCATION, AND SIGNIFICANCE OF HISTORIC BUILD-
INGS, SITES, AND DISTRICTS LISTED ON, OR WHICH MAY BE ELIGIBLE, FOR  THE
STATE  OR  NATIONAL  REGISTERS  OF HISTORIC PLACES. THE FINDINGS OF SUCH
SURVEY SHALL BE USED TO IDENTIFY SIGNIFICANT HISTORICAL RESOURCES AND TO
DETERMINE WHETHER THE PROPOSED IMPROVEMENTS  ARE  COMPATIBLE  WITH  SUCH
HISTORIC BUILDINGS, SITES, AND DISTRICTS;
  (N)  ENTER ON ANY LANDS, WATERS, OR PREMISES FOR THE PURPOSE OF MAKING
BORINGS, SOUNDINGS, AND SURVEYS;
  (O) ACCEPT ANY GIFTS OR ANY GRANT OF FUNDS OR PROPERTY FROM THE FEDER-
AL GOVERNMENT OR FROM THE STATE OR ANY OTHER  FEDERAL  OR  STATE  PUBLIC
BODY OR POLITICAL SUBDIVISION OR ANY OTHER PERSON AND TO COMPLY WITH THE
TERMS AND CONDITIONS THEREOF; AND
  (P) WAIVE ANY FEE FOR A WORK PERMIT WHICH IT HAS THE POWER TO ISSUE IF
IN  ITS  DISCRETION  THE PROJECT WHICH IS SUBJECT TO A WORK PERMIT WOULD
ADD VALUE TO CANAL LANDS WITHOUT ANY COST TO THE CANAL CORPORATION,  THE
AUTHORITY, OR THE STATE.
  10.  (A) THE CANAL CORPORATION SHALL REVIEW THE BUDGET REQUEST SUBMIT-
TED BY THE  CANAL  RECREATIONWAY  COMMISSION  PURSUANT  TO  SECTION  ONE
HUNDRED THIRTY-EIGHT-B OF THE CANAL LAW.
  (B) THE CANAL CORPORATION, ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER
OF  EACH  YEAR, SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET A REQUEST FOR
THE EXPENDITURE OF FUNDS AVAILABLE FROM THE NEW YORK STATE CANAL  SYSTEM
DEVELOPMENT  FUND  PURSUANT TO SECTION NINETY-TWO-U OF THE STATE FINANCE
LAW OR AVAILABLE FROM ANY OTHER NON-FEDERAL  SOURCES  APPROPRIATED  FROM
THE STATE TREASURY.
  (C)  IN  THE EVENT THAT THE REQUEST SUBMITTED BY THE CANAL CORPORATION
TO THE DIRECTOR OF THE BUDGET DIFFERS FROM THE REQUEST SUBMITTED BY  THE
COMMISSION  TO  THE CANAL CORPORATION, THEN THE REQUEST SUBMITTED BY THE
CANAL CORPORATION TO THE  DIRECTOR  OF  THE  BUDGET  SHALL  SPECIFY  THE
DIFFERENCES AND SHALL SET FORTH THE REASONS FOR SUCH DIFFERENCES.
  11.  THE  CANAL  CORPORATION  SHALL NOT HAVE THE POWER TO ISSUE BONDS,
NOTES, OR OTHER EVIDENCES OF INDEBTEDNESS; PROVIDED THAT NOTWITHSTANDING
THE FOREGOING, THE CANAL CORPORATION MAY AGREE TO REPAY AMOUNTS ADVANCED

S. 6408                            88                            A. 9008

TO THE CANAL CORPORATION BY THE AUTHORITY AND TO EVIDENCE SUCH AGREEMENT
BY DELIVERY OF A PROMISSORY NOTE OR NOTES TO THE AUTHORITY.
  12.  THE  CANAL  CORPORATION  MAY  DO  ANY AND ALL THINGS NECESSARY OR
CONVENIENT TO CARRY OUT AND EXERCISE THE POWERS  GIVEN  AND  GRANTED  BY
THIS SECTION.
  13.  THE  AUTHORITY AND ALL OTHER STATE OFFICERS, DEPARTMENTS, BOARDS,
DIVISIONS, COMMISSIONS, PUBLIC AUTHORITIES, AND  PUBLIC  BENEFIT  CORPO-
RATIONS  MAY  RENDER SUCH SERVICES TO THE CANAL CORPORATION WITHIN THEIR
RESPECTIVE FUNCTIONS AS MAY BE REQUESTED BY THE CANAL CORPORATION.
  14. WHENEVER ANY STATE POLITICAL  SUBDIVISION,  MUNICIPALITY,  COMMIS-
SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON IS AUTHOR-
IZED  AND  EMPOWERED  FOR ANY OF THE PURPOSES OF THIS TITLE TO COOPERATE
AND ENTER INTO AGREEMENTS  WITH  THE  AUTHORITY,  SUCH  STATE  POLITICAL
SUBDIVISION,  MUNICIPALITY,  COMMISSION,  AGENCY,  OFFICER,  DEPARTMENT,
BOARD, DIVISION, OR PERSON SHALL HAVE THE SAME AUTHORIZATION  AND  POWER
FOR  ANY  SUCH  PURPOSES TO COOPERATE AND ENTER INTO AGREEMENTS WITH THE
CANAL CORPORATION.
  S 23. The public authorities law is amended by adding  a  new  section
1005-c to read as follows:
  S  1005-C.  ADDITIONAL  POWERS  OF  THE  AUTHORITY  TO FINANCE CERTAIN
PROJECTS IN CONNECTION WITH THE NEW YORK STATE CANAL SYSTEM. 1. (A)  THE
AUTHORITY IS HEREBY AUTHORIZED, AS AN ADDITIONAL CORPORATE PURPOSE THER-
EOF,  TO  ISSUE  ITS BONDS, NOTES AND OTHER EVIDENCES OF INDEBTEDNESS IN
CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR
PURPOSES OF FINANCING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT  AND
IMPROVEMENT OF THE NEW YORK STATE CANAL SYSTEM.
  (B)  THE  AUTHORITY SHALL ISSUE ANY SUCH BONDS, NOTES, OR EVIDENCES OF
INDEBTEDNESS PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION  ON  A  BASIS
SUBORDINATE  IN  LIEN  AND PRIORITY OF PAYMENT TO THE AUTHORITY'S SENIOR
LIEN INDEBTEDNESS AS THE AUTHORITY SHALL PROVIDE BY RESOLUTION.
  2. ALL OF THE PROVISIONS OF THIS TITLE RELATING TO  BONDS,  NOTES  AND
OTHER  EVIDENCE  OF  INDEBTEDNESS,  WHICH ARE NOT INCONSISTENT WITH THIS
SECTION, SHALL APPLY TO OBLIGATIONS AUTHORIZED BY THIS SECTION,  INCLUD-
ING  BUT  NOT  LIMITED  TO THE POWER TO ISSUE RENEWAL NOTES OR REFUNDING
BONDS THEREOF.
  3. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS OR BONDHOLDERS, THE AUTHORI-
TY SHALL HAVE THE AUTHORITY TO FIX AND COLLECT SUCH  FEES,  RENTALS  AND
CHARGES FOR THE USE OF THE CANAL SYSTEM OR ANY PART THEREOF NECESSARY OR
CONVENIENT,  WITH  AN  ADEQUATE  MARGIN OF SAFETY, TO PRODUCE SUFFICIENT
REVENUE TO MEET THE EXPENSE OF MAINTENANCE AND OPERATION AND TO  FULFILL
THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF ITS NOTES OR BONDS,
AND TO ESTABLISH THE RIGHTS AND PRIVILEGES GRANTED UPON PAYMENT THEREOF;
PROVIDED,  HOWEVER,  THAT  TOLLS  MAY  ONLY  BE  IMPOSED FOR THE PASSAGE
THROUGH LOCKS AND LIFT BRIDGES BY VESSELS WHICH ARE PROPELLED  IN  WHOLE
OR IN PART BY MECHANICAL POWER.
  S 24. Paragraph (i) of subdivision 1 of section 19 of the public offi-
cers law, as added by chapter 115 of the laws of 2000, is REPEALED and a
new paragraph (j) is added to read as follows:
  (J)  FOR  PURPOSES  OF THIS SECTION, THE TERM "EMPLOYEE" SHALL INCLUDE
DIRECTORS, OFFICERS AND EMPLOYEES OF  THE  THRUWAY  AUTHORITY,  AND  THE
DIRECTORS,  OFFICERS  AND  EMPLOYEES  OF THE CANAL CORPORATION. IN THOSE
CASES WHERE THE DEFINITION OF THE TERM "EMPLOYEE" PROVIDED IN THIS PARA-
GRAPH IS APPLICABLE, THE TERM "STATE", AS UTILIZED IN SUBDIVISIONS  TWO,
THREE,  AND  FOUR OF THIS SECTION, SHALL MEAN THE THRUWAY AUTHORITY WHEN
THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE THRUWAY AUTHORI-

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TY, OR THE CANAL CORPORATION, WHEN THE EMPLOYEE IS A DIRECTOR,  OFFICER,
OR EMPLOYEE OF THE CANAL CORPORATION.
  S  25. Subdivisions 9 and 10 of section 481 of the transportation law,
as added by section 1 of part A of chapter 60 of the laws of  2005,  are
amended to read as follows:
  9. "Canal corporation" shall mean the New York state canal corporation
created  [pursuant  to section three hundred eighty-two] AS A SUBSIDIARY
CORPORATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO  CHAPTER
SEVEN  HUNDRED  SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND
CONTINUED AND RECONSTITUTED AS A SUBSIDIARY  CORPORATION  OF  THE  POWER
AUTHORITY  OF  THE  STATE  OF  NEW  YORK  PURSUANT TO SUBDIVISION ONE OF
SECTION ONE THOUSAND FIVE-B of the public authorities law.
  10. "Canal system" shall mean the "New York state canal  system"[,  as
such  term is defined by subdivision ten of section three hundred fifty-
one of the public authorities law] SHALL MEAN ALL OF THE  CANALS,  CANAL
LANDS,  FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL LANDS
AND OTHER PROPERTY UNDER THE JURISDICTION OF THE  CANAL  CORPORATION  OF
THE STATE OF NEW YORK PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW.
  S 26. Section 33.01 of the parks, recreation and historic preservation
law,  as  amended by chapter 317 of the laws of 2009, is amended to read
as follows:
  S 33.01 New York state heritage areas advisory  council.  There  shall
continue  to  be  in the office a New York state heritage areas advisory
council which shall consist of twenty-six members  or  their  designated
representatives.  The  commissioner  shall  be  a member of the advisory
council. In addition, the advisory council shall consist of the  follow-
ing twenty-five other members: the commissioner of economic development,
to  advise and assist regarding related tourism and economic revitaliza-
tion; the commissioner of education, to advise and assist regarding  the
interpretive  and  educational aspects of the programs; the secretary of
state, to advise and assist regarding matters of  community  development
and  state planning and to advise on the identification and preservation
of rural resources; the commissioner of transportation,  to  advise  and
assist regarding matters of transportation to and within heritage areas;
the  president  of  the New York state urban development corporation, to
advise and assist regarding matters of economic development; the commis-
sioner of environmental conservation, to  advise  and  assist  regarding
matters  of  conservation  and use of natural resources; the chairman of
the state board for historic  preservation,  to  advise  and  assist  in
matters regarding historic preservation; the commissioner of housing and
community renewal to advise and assist regarding neighborhood and commu-
nity  development  and  preservation  programs; the [chairman of the New
York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE  OFFICER  OF
THE  POWER AUTHORITY OF THE STATE OF NEW YORK regarding the operation of
the New York state canal system; the  commissioner  of  agriculture  and
markets regarding agriculture in heritage areas; a representative of the
State Heritage Area Association; the director or chief executive officer
of  the  Hudson River National Heritage Area, the Erie Canalway National
Heritage Corridor, the Champlain Valley  National  Heritage  Partnership
and  the  Niagara  Falls  National  Heritage Area; and ten members to be
appointed by the governor, three of  such  members  shall  be  municipal
officers,  elected  officials  or  representatives  of  local government
interest and seven of such members shall be, by professional training or
experience or attainment, qualified  to  analyze  or  interpret  matters
relevant to the establishment and maintenance of state designated herit-
age  areas including urban cultural parks and heritage corridors, one of

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whom shall be the director of a heritage area. Of these last seven,  two
are to be appointed from names recommended by the majority leader of the
senate, two are to be appointed from names recommended by the speaker of
the  assembly,  one  is  to  be  appointed from names recommended by the
minority leader of the senate and one is  to  be  appointed  from  names
recommended  by  the  minority leader of the assembly.  The governor may
designate such ex-officio  members  who  shall  be  from  the  executive
department,  state  agencies  or  public corporations as he or she deems
appropriate; provided that such ex-officio members  shall  not  vote  on
matters  before  the  advisory council. For the ten members appointed by
the governor, each shall hold office for a term of five years and  until
his  or her successor shall have been appointed or until he or she shall
resign. The members of the advisory council shall  elect  a  chair  from
amongst  its  members  for  a term of three years. Eleven members of the
advisory council shall constitute a quorum for the  transaction  of  any
business at both regular and special meetings. Any ex-officio member may
delegate  all  his or her duties of membership, including voting rights,
to an officer or employee of such member's organization. No member shall
receive any compensation.
  S 27. Paragraph (h-1) of subdivision 2 of section 35.07 of the  parks,
recreation  and  historic preservation law, as amended by chapter 666 of
the laws of 1994, is amended to read as follows:
  (h-1) [Chairman of the New York state thruway authority] PRESIDENT AND
CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW  YORK
regarding [its] operation of the New York state canal system;
  S  28. Notwithstanding any other provision of law, the power authority
of the state of New York (power authority) and the New York state  thru-
way authority (thruway authority) are hereby authorized to enter into an
agreement,  effective  April  1, 2016, whereby the power authority shall
reimburse the thruway authority, monthly, for any and all operating  and
capital  costs,  expended by the thruway authority for the operation and
maintenance of the New York state canal system (canal system),  and  the
operation  of  the New York state canal corporation (canal corporation),
for the period of April 1, 2016 through January  1,  2017.  The  thruway
authority shall provide the power authority with a monthly report of all
expenditures  related to the canal corporation and the canal system, and
provide access to all necessary  financial  records  to  carry  out  the
intent of this section.
  S  29.  This act, being necessary for the welfare of the state and its
inhabitants, shall be liberally construed to effect the purposes  there-
of.
  S  30. This act shall take effect on January 1, 2017; provided, howev-
er, that sections five and twenty-eight of this act  shall  take  effect
immediately.

                                 PART R

  Section  1.  Short  title. This act shall be known and may be cited as
the "private activity bond allocation act of 2016".
  S 2.   Legislative findings and declaration.  The  legislature  hereby
finds and declares that the federal tax reform act of 1986 established a
statewide  bond  volume  ceiling  on  the issuance of certain tax exempt
private activity bonds  and  notes  and,  under  certain  circumstances,
governmental  use  bonds  and  notes  issued by the state and its public
authorities, local governments, agencies which issue on behalf of  local
governments,  and  certain  other  issuers.  The  federal tax reform act

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establishes a formula for the allocation  of  the  bond  volume  ceiling
which  was  subject to temporary modification by gubernatorial executive
order until December 31, 1987. That act also permits state  legislatures
to  establish,  by  statute,  an  alternative formula for allocating the
volume ceiling.  Bonds and notes subject to the volume  ceiling  require
an allocation from the state's annual volume ceiling in order to qualify
for federal tax exemption.
  It  is  hereby  declared to be the policy of the state to maximize the
public benefit through the issuance of private activity  bonds  for  the
purposes  of,  among  other  things, allocating a fair share of the bond
volume ceiling upon initial allocation and from a bond reserve to  local
agencies  and for needs identified by local governments; providing hous-
ing and promoting economic  development;  job  creation;  an  economical
energy  supply;  and resource recovery and to provide for an orderly and
efficient volume ceiling allocation process for state and local agencies
by establishing an alternative formula for making such allocations.
  S 3. Definitions. As used in this act,  unless  the  context  requires
otherwise:
  1. "Bonds" means bonds, notes or other obligations.
  2.  "Carryforward"  means  an  amount  of unused private activity bond
ceiling available to an issuer pursuant to an election  filed  with  the
internal revenue service pursuant to section 146(f) of the code.
  3. "Code" means the internal revenue code of 1986, as amended.
  4. "Commissioner" means the commissioner of the New York state depart-
ment of economic development.
  5.  "Covered  bonds" means those tax exempt private activity bonds and
that portion of the non-qualified amount of an issue of governmental use
bonds for which an allocation of the statewide ceiling is  required  for
the  interest  earned  by  holders of such bonds to be excluded from the
gross income of such holders for federal income tax purposes  under  the
code.
  6. "Director" means the director of the New York state division of the
budget.
  7. "Issuer" means a local agency, state agency or other issuer.
  8.  "Local  agency" means an industrial development agency established
or operating pursuant to article 18-A of the general municipal law,  the
Troy industrial development authority and the Auburn industrial develop-
ment authority.
  9.  "Other  issuer"  means  any agency, political subdivision or other
entity, other than a local agency or state agency, that is authorized to
issue covered bonds.
  10. "Qualified small issue bonds" means qualified small  issue  bonds,
as defined in section 144(a) of the code.
  11.  "State  agency"  means  the state of New York, the New York state
energy research and development authority, the New York job  development
authority,  the New York state environmental facilities corporation, the
New York state urban development corporation and its  subsidiaries,  the
Battery  Park  city  authority,  the  port authority of New York and New
Jersey, the power authority of the state  of  New  York,  the  dormitory
authority  of  the state of New York, the New York state housing finance
agency, the state of New York mortgage  agency,  and  any  other  public
benefit  corporation  or public authority designated by the governor for
the purposes of this act.
  12. "Statewide ceiling" means for any calendar year the highest  state
ceiling  (as such term is used in section 146 of the code) applicable to
New York state.

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  13. "Future allocations" means allocations of statewide ceiling for up
to two future years.
  14. "Multi-year housing development project" means a project (a) which
qualifies for covered bonds;
  (b) which is to be constructed over two or more years; and
  (c)  in  which  at  least twenty percent of the dwelling units will be
occupied by persons and families of low income.
  S 4. Local agency set-aside. (a) A set-aside of statewide ceiling  for
local  agencies for any calendar year shall be an amount which bears the
same ratio to one-third of the statewide ceiling as  the  population  of
the  jurisdiction  of  such  local agency bears to the population of the
entire state. The commissioner  shall  administer  allocations  of  such
set-aside to local agencies.
  (b)  Any  financings  or  bond issuances that utilize the local agency
set-aside authorized by this section and executed by entities or succes-
sor entities defined by subdivisions 8 and 9 of section 3 of  this  act,
including  entities  established pursuant to article 18-A of the general
municipal law, and corporations established pursuant to section 1411  of
the not-for-profit corporation law and article 12 of the private housing
finance  law,  shall  be subject to the provisions of article 1-A of the
public authorities law.
  S 5. State agency set-aside. A set-aside of statewide ceiling for  all
state agencies for any calendar year shall be one-third of the statewide
ceiling.  The director shall administer allocations of such set-aside to
state agencies and may grant an allocation  to  any  state  agency  upon
receipt of an application in such form as the director shall require.
  S  6.  Statewide  bond  reserve. One-third of the statewide ceiling is
hereby set aside as a statewide bond reserve to be administered  by  the
director.  1. Allocation of the statewide bond reserve among state agen-
cies,  local  agencies  and other issuers. The director shall transfer a
portion of the statewide bond reserve to the commissioner for allocation
to and use by local agencies and other issuers in  accordance  with  the
terms  of  this section. The remainder of the statewide bond reserve may
be allocated by the director to state agencies in  accordance  with  the
terms of this section.
  2.  Allocation  of  statewide  bond reserve to local agencies or other
issuers. (a) Local agencies or other issuers may at any  time  apply  to
the commissioner for an allocation from the statewide bond reserve. Such
application shall demonstrate:
  (i)  that  the requested allocation is required under the code for the
interest earned on the bonds to be excluded from  the  gross  income  of
bondholders for federal income tax purposes;
  (ii)  that  the  local  agency's  remaining unused allocation provided
pursuant to section four of  this  act,  and  other  issuer's  remaining
unused  allocation,  or  any available carryforward will be insufficient
for the specific project or projects for which the reserve allocation is
requested; and
  (iii) that, except for those  allocations  made  pursuant  to  section
twelve of this act to enable carryforward elections, the requested allo-
cation  is  reasonably expected to be used during the calendar year, and
the requested future allocation is reasonably expected to be used in the
calendar year to which the future allocation relates.
  (b) In reviewing  and  approving  or  disapproving  applications,  the
commissioner  shall  exercise discretion to ensure an equitable distrib-
ution of allocations from the statewide bond reserve to  local  agencies
and other issuers. Prior to making a determination on such applications,

S. 6408                            93                            A. 9008

the  commissioner shall notify and seek the recommendation of the presi-
dent and chief executive officer of the New York state  housing  finance
agency  in  the case of an application related to the issuance of multi-
family  housing  or  mortgage  revenue  bonds,  and in the case of other
requests, such state officers, departments, divisions  and  agencies  as
the commissioner deems appropriate.
  (c)  Applications  for  allocations  shall  be  made  in such form and
contain such information and reports as the commissioner shall require.
  3. Allocation of statewide bond reserve to state agencies. The  direc-
tor  may make an allocation from the statewide bond reserve to any state
agency. Before making any allocation of statewide bond reserve to  state
agencies  the  director  shall  be satisfied: (a) that the allocation is
required under the code for the interest  earned  on  the  bonds  to  be
excluded  from  the  gross  income of bondholders for federal income tax
purposes;
  (b) that the  state  agency's  remaining  unused  allocation  provided
pursuant  to section five of this act or any available carryforward will
be insufficient to accommodate the specific bond  issue  or  issues  for
which the reserve allocation is requested; and
  (c) that, except for those allocations made pursuant to section twelve
of  this  act to enable carryforward elections, the requested allocation
is reasonably expected to be used during  the  calendar  year,  and  the
requested  future  allocation  is  reasonably expected to be used in the
calendar year to which the future allocation relates.
  S 7. Access to employment opportunities. 1. All issuers shall  require
that  any  new  employment  opportunities created in connection with the
industrial or manufacturing projects financed through  the  issuance  of
qualified  small  issue  bonds  shall  be listed with the New York state
department of labor and with  the  one-stop  career  center  established
pursuant  to  the federal workforce investment act (Pub. L. No. 105-220)
serving the locality in which the  employment  opportunities  are  being
created.  Such  listing  shall be in a manner and form prescribed by the
commissioner. All issuers shall further require that for any new employ-
ment opportunities created in connection with an industrial or  manufac-
turing  project  financed  through the issuance of qualified small issue
bonds by such issuer, industrial  or  manufacturing  firms  shall  first
consider  persons  eligible  to  participate in workforce investment act
(Pub. L. No. 105-220) programs who shall be referred to  the  industrial
or  manufacturing firm by one-stop centers in local workforce investment
areas or by the department of labor. Issuers of  qualified  small  issue
bonds  are  required  to  monitor compliance with the provisions of this
section as prescribed by the commissioner.
  2. Nothing in this section shall be  construed  to  require  users  of
qualified  small issue bonds to violate any existing collective bargain-
ing agreement with respect to the hiring of new  employees.  Failure  on
the  part  of any user of qualified small issue bonds to comply with the
requirements of this section shall not affect the allocation of  bonding
authority  to  the  issuer  of  the  bonds or the validity or tax exempt
status of such bonds.
  S 8. Overlapping jurisdictions. In a geographic area represented by  a
county local agency and one or more sub-county local agencies, the allo-
cation  granted by section four of this act with respect to such area of
overlapping jurisdiction shall be apportioned  one-half  to  the  county
local  agency  and  one-half to the sub-county local agency or agencies.
Where there is a local agency for the benefit of a  village  within  the
geographic  area  of  a  town  for the benefit of which there is a local

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agency, the allocation of the village local agency shall be based on the
population of the geographic area of the village, and the allocation  of
the  town  local  agency  shall  be  based  upon  the  population of the
geographic area of the town outside of the village.  Notwithstanding the
foregoing,  a  local  agency may surrender all or part of its allocation
for such calendar year to  another  local  agency  with  an  overlapping
jurisdiction.  Such  surrender  shall  be  made at such time and in such
manner as the  commissioner shall prescribe.
  S 9. Ineligible local agencies. To the extent that any  allocation  of
the  local  agency set-aside would be made by this act to a local agency
which is ineligible to receive such allocation under the code  or  under
regulations  interpreting  the  state  volume  ceiling provisions of the
code, such allocation shall instead be made to the political subdivision
for whose benefit that local agency was created.
  S 10. Municipal reallocation. The chief executive officer of any poli-
tical subdivision or, if such political subdivision has no chief  execu-
tive  officer,  the governing board of the political subdivision for the
benefit of which a local agency has been established, may  withdraw  all
or  any portion of the allocation granted by section four of this act to
such local agency. The political subdivision may then reallocate all  or
any  portion  of  such  allocation, as well as all or any portion of the
allocation received pursuant to section nine of this act, to  itself  or
any  other issuer established for the benefit of that political subdivi-
sion or may assign all or any portion of the allocation received  pursu-
ant  to  section  nine  of  this act to the local agency created for its
benefit. The chief executive officer or governing board of the political
subdivision, as the  case  may  be,  shall  notify,  and  receive  prior
approval from the commissioner before any such reallocation.
  S  11. Future allocations for multi-year housing development projects.
1. In addition to other powers granted under this act, the  commissioner
is  authorized  to  make  the  following future allocations of statewide
ceiling for any multi-year housing development  project  for  which  the
commissioner  also  makes  an  allocation  of  statewide ceiling for the
current year under this act:  (a) to local agencies from the local agen-
cy set-aside (but only with the approval of the chief executive  officer
of the political subdivision to which the local agency set-aside relates
or  the governing body of a political subdivision having no chief execu-
tive officer) and
  (b) to other issuers from that portion, if any, of the statewide  bond
reserve  transferred  to  the  commissioner  by the director. Any future
allocation made by the commissioner shall constitute  an  allocation  of
statewide  ceiling for the future year specified by the commissioner and
shall be deemed to have been made on the first day of the future year so
specified.
  2. In addition to other powers granted under this act, the director is
authorized to make future allocations  of  statewide  ceiling  from  the
state agency set-aside or from the statewide bond reserve to state agen-
cies for any multi-year housing development project for which the direc-
tor  also makes an allocation of statewide ceiling from the current year
under this act, and is authorized to make  transfers  of  the  statewide
bond reserve to the commissioner for future allocations to other issuers
for  multi-year  housing development projects for which the commissioner
has made an allocation of statewide ceiling for the  current  year.  Any
such  future  allocation  or  transfer of the statewide bond reserve for
future allocation made by the director shall constitute an allocation of
statewide ceiling or transfer of the  statewide  bond  reserve  for  the

S. 6408                            95                            A. 9008

future  years specified by the director and shall be deemed to have been
made on the first day of the future year so specified.
  3.  (a)  If  an  allocation  made with respect to a multi-year housing
development project is not used by October  fifteenth  of  the  year  to
which  the  allocation  relates, the allocation with respect to the then
current year shall be  subject  to  recapture  in  accordance  with  the
provisions  of  section  twelve  of this act, and in the event of such a
recapture, unless a carryforward election by another issuer  shall  have
been  approved by the commissioner or a carryforward election by a state
agency shall have been approved by the director, all future  allocations
made  with respect to such project pursuant to subdivision one or two of
this section shall be canceled.
  (b) The commissioner and the director shall have the authority to make
future allocations from recaptured current year allocations and canceled
future allocations to  multi-year  housing  development  projects  in  a
manner consistent with the provisions of this act.
  (c)  The  commissioner  and  the  director  shall establish procedures
consistent with the provisions of this act relating to  carryforward  of
future allocations.
  4.  The aggregate future allocations from either of the two succeeding
years shall not exceed six hundred fifty million dollars for  each  such
year.
  S  12.  Year  end  allocation recapture. On or before October first of
each year, each state agency shall report to the director and each local
agency and each other issuer shall report to the commissioner the amount
of bonds subject to allocation under this act that will be issued  prior
to  the  end  of  the  then current calendar year, and the amount of the
issuer's then total allocation that will remain unused.  As  of  October
fifteenth  of  each  year, the unused portion of each local agency's and
other issuer's then total allocation as  reported  and  the  unallocated
portion  of  the  set-aside  for  state agencies shall be recaptured and
added to the statewide bond reserve and shall no longer be available  to
covered  bond  issuers except as otherwise provided herein. From October
fifteenth through the end of the year, each local agency or other issuer
having an allocation shall immediately report to  the  commissioner  and
each  state  agency having an allocation shall immediately report to the
director any changes to the status of its allocation or  the  status  of
projects  for  which  allocations have been made which should affect the
timing or likelihood of the issuance of covered bonds therefor.  If  the
commissioner  determines that a local agency or other issuer has overes-
timated the amount of covered bonds subject to allocation that  will  be
issued  prior  to  the  end  of  the calendar year, the commissioner may
recapture the amount of the allocation to such  local  agency  or  other
issuer  represented by such overestimation by notice to the local agency
or other issuer, and add such allocation to the statewide bond  reserve.
The  director  may  likewise  make such determination and recapture with
respect to state agency allocations.
  S 13. Allocation carryforward. 1. No  local  agency  or  other  issuer
shall  make  a  carryforward  election  utilizing  any unused allocation
(pursuant to section 146(f) of the code) without the prior  approval  of
the  commissioner.  Likewise  no state agency shall make or file such an
election, or elect to issue  or  carryforward  mortgage  credit  certif-
icates, without the prior approval of the director.
  2.  On  or  before  November fifteenth of each year, each state agency
seeking unused statewide ceiling for use in future years  shall  make  a
request  for  an  allocation  for  a carryforward to the director, whose

S. 6408                            96                            A. 9008

approval shall be required before a carryforward election is filed by or
on behalf of any state agency. A later request may also be considered by
the director, who may file a carryforward election for any state  agency
with the consent of such agency.
  3.  On or before November fifteenth of each year, each local agency or
other issuer seeking unused statewide ceiling for use  in  future  years
shall make a request for an allocation for a carryforward to the commis-
sioner,  whose approval shall be required before a carryforward election
is filed by or on behalf of any local or other agency. A  later  request
may also be considered by the commissioner.
  S  14.  New York state bond allocation policy advisory panel. 1. There
is hereby created a policy advisory panel and process to provide  policy
advice  regarding the priorities for distribution of the statewide ceil-
ing.
  2. The panel  shall  consist  of  five  members,  one  designee  being
appointed  by  each of the following: the governor, the temporary presi-
dent of the senate, the speaker of the assembly, the minority leader  of
the  senate and the minority leader of the assembly. The designee of the
governor shall chair the panel. The panel shall monitor  the  allocation
process through the year, and in that regard, the division of the budget
and  the  department  of economic development shall assist and cooperate
with the panel as provided in this section. The advisory  process  shall
operate  through  the  issuance  of  advisory opinions by members of the
panel as provided in subdivisions six and seven of this section. A meet-
ing may be held at the call of the chair with the unanimous  consent  of
the members.
  3.  (a)  Upon  receipt  of  a  request for allocation or a request for
approval of a carryforward election from the statewide  reserve  from  a
local  agency or other issuer, the commissioner shall, within five work-
ing days, notify the panel of such request and provide  the  panel  with
copies of all application materials submitted by the applicant.
  (b) Upon receipt of a request for allocation or a request for approval
of carryforward election from the statewide reserve from a state agency,
the  director  shall, within five working days, notify the panel of such
request and provide the panel with copies of all  application  materials
submitted by the applicant.
  4.  (a)  Following  receipt  of  a request for allocation from a local
agency or other issuer, the commissioner shall notify  the  panel  of  a
decision  to approve or exclude from further consideration such request,
and the commissioner shall state the reasons. Such notification shall be
made with or after the  transmittal  of  the  information  specified  in
subdivision  three of this section and at least five working days before
formal notification is made to the applicant.
  (b) Following receipt of a request for allocation from a state agency,
the director shall notify the panel of a decision to approve or  exclude
from  further  consideration  such request, and shall state the reasons.
Such notification shall be made with or after the  transmission  of  the
information  specified in subdivision three of this section and at least
five working days before formal notification is made to the state  agen-
cy.
  5.  The  requirements  of  subdivisions three and four of this section
shall not apply to adjustments to allocations due to bond sizing  chang-
es.
  6.  In  the  event  that  any  decision  to approve or to exclude from
further consideration a request for allocation is made within ten  work-
ing days of the end of the calendar year and in the case of all requests

S. 6408                            97                            A. 9008

for consent to a carryforward election, the commissioner or director, as
is  appropriate,  shall  provide  the  panel  with  the longest possible
advance notification of the action, consistent with the requirements  of
the  code,  and  shall,  wherever  possible, solicit the opinions of the
members of the panel before formally  notifying  any  applicant  of  the
action.  Such  notification  may  be made by means of telephone communi-
cation to the members or by  written  notice  delivered  to  the  Albany
office of the appointing authority of the respective members.
  7.  Upon  notification by the director or the commissioner, any member
of the panel may, within five working days, notify the  commissioner  or
the  director of any policy objection concerning the expected action. If
three or more members of the panel shall  submit  policy  objections  in
writing  to  the intended action, the commissioner or the director shall
respond in writing to the objection prior to taking the intended  action
unless  exigent  circumstances  make  it  necessary to respond after the
action has been taken.
  8. On or before the first day of July, in any year, the director shall
report to the members of the New York state bond allocation policy advi-
sory panel on the actual utilization of volume cap for the  issuance  of
bonds  during  the  prior calendar year and the amount of such cap allo-
cated for carryforwards for  future  bond  issuance.  The  report  shall
include, for each local agency or other issuer and each state agency the
initial  allocation,  the  amount  of  bonds issued subject to the allo-
cation, the amount of the issuer's allocation that remained unused,  the
allocation  of  the statewide bond reserve, carryforward allocations and
recapture of allocations. Further, the report shall include  projections
regarding private activity bond issuance for state and local issuers for
the  calendar  year,  as  well  as  any  recommendations for legislative
action.
  S 15. Severability. If any clause, sentence,  paragraph,  section,  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair,  or  invali-
date  the  remainder  thereof, but shall be confined in its operation to
the clause, sentence,  paragraph,  section,  or  part  thereof  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered.
  S 16. Chapter 49 of the laws of 2014 is REPEALED.
  S 17. Section 51 of the public authorities law is amended by adding  a
new subdivision 6 to read as follows:
  6.  NOTWITHSTANDING  ANY OTHER PROVISIONS OF LAW, THE BOARD SHALL HAVE
THE POWER AND IT SHALL BE ITS DUTY TO RECEIVE APPLICATIONS FOR  APPROVAL
FOR  ANY  FINANCING OR BOND ISSUANCES THAT UTILIZE THE LOCAL AGENCY SET-
ASIDE, AS AUTHORIZED BY THE "PRIVATE ACTIVITY  BOND  ALLOCATION  ACT  OF
2016", EXECUTED BY ENTITIES OR SUCCESSOR ENTITIES AS DEFINED BY SUBDIVI-
SIONS  EIGHT  AND  NINE OF SECTION THREE OF THAT ACT, INCLUDING ENTITIES
ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW,
AND CORPORATIONS ESTABLISHED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN
OF THE NOT-FOR-PROFIT CORPORATION LAW AND ARTICLE TWELVE OF THE  PRIVATE
HOUSING FINANCE LAW.
  S 18. This act shall take effect immediately.

                                 PART S

  Section  1.  Section  258-aa  and  article  25  of the agriculture and
markets law are REPEALED.

S. 6408                            98                            A. 9008

  S 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
New  York  state urban development corporation act, is amended by adding
three new sections 16-x, 16-y and 16-z to read as follows:
  S 16-X. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. (A) IT IS HERE-
BY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS
AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION
HAS  UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S ASSETS AND, BY
CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS  MISSION
BY PROMOTING THE STATE'S DAIRY INDUSTRY.
  (B)  IT  IS FURTHER DECLARED THAT THE CONTINUED EXISTENCE OF THE STATE
DAIRY INDUSTRY, AND THE CONTINUED PRODUCTION OF MILK  ON  THE  FARMS  OF
THIS  STATE,  IS  OF  VAST  ECONOMIC  IMPORTANCE TO THE STATE AND TO THE
HEALTH AND WELFARE OF THE INHABITANTS THEREOF; THAT IT IS ESSENTIAL,  IN
ORDER  TO  ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING AND
DISTRIBUTION, THAT PRICES TO PRODUCERS BE SUCH AS TO  RETURN  REASONABLE
COSTS  OF  PRODUCTION, AND AT THE SAME TIME TO ASSURE AN ADEQUATE SUPPLY
OF MILK AND DAIRY PRODUCTS TO CONSUMERS AT  REASONABLE  PRICES;  AND  TO
THESE  ENDS  IT  IS  ESSENTIAL  THAT  CONSUMERS AND OTHERS BE ADEQUATELY
INFORMED AS TO THE DIETARY  NEEDS  AND  ADVANTAGES  OF  MILK  AND  DAIRY
PRODUCTS  AND  AS  TO  THE  ECONOMIES RESULTING FROM THE USE OF MILK AND
DAIRY PRODUCTS, AND TO COMMAND FOR MILK  AND  DAIRY  PRODUCTS,  CONSUMER
ATTENTION  AND  DEMAND CONSISTENT WITH THEIR IMPORTANCE AND VALUE. IT IS
FURTHER DECLARED THAT CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK
AND SOME OTHER DAIRY PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE
SUPPLIES OF MILK AND DAIRY  PRODUCTS  BECAUSE  OF  INCREASING  SURPLUSES
NECESSARILY  RETURNING  LESS  TO  PRODUCERS; AND THAT CONTINUED ADEQUATE
SUPPLIES OF MILK AND DAIRY PRODUCTS IS A  MATTER  OF  VITAL  CONCERN  AS
AFFECTING THE HEALTH AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT
IS  THEREFORE  DECLARED  TO  BE THE LEGISLATIVE INTENT AND POLICY OF THE
STATE:
  (I) TO ENABLE MILK PRODUCERS AND OTHERS IN THE  DAIRY  INDUSTRY,  WITH
THE  AID  OF  THE  STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF
MILK AND DAIRY PRODUCTS,
  (II) TO PROVIDE METHODS AND MEANS  FOR  THE  DEVELOPMENT  OF  NEW  AND
IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE, AND
  (III)  TO  THIS  END,  TO  ELIMINATE  THE  POSSIBLE  IMPAIRMENT OF THE
PURCHASING POWER OF THE MILK PRODUCERS OF THIS STATE AND  TO  ASSURE  AN
ADEQUATE SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES.
  2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION.
  (B)  "DAIRY  PRODUCTS"  MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND
PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART.
  (C) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS  ENGAGED  IN  THE
PRODUCTION  OF  MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN
THIS OR ANY OTHER STATE.
  (D) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY THE PRESIDENT FROM
NOMINATIONS FROM PRODUCERS TO ASSIST THE PRESIDENT  IN  ADMINISTERING  A
DAIRY PROMOTION ORDER.
  (E)  "MILK  DEALER"  MEANS  ANY  PERSON  WHO  PURCHASES  OR HANDLES OR
RECEIVES OR SELLS  MILK,  INCLUDING  INDIVIDUALS,  PARTNERSHIPS,  CORPO-
RATIONS,  COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSO-
CIATIONS.
  (F) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED  BY  THE  PRESIDENT,
PURSUANT TO THE PROVISIONS OF THIS SECTION.

S. 6408                            99                            A. 9008

  (G) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
MILK  PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET,  BARGAIN
FOR  OR  SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR
MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
  (H) "STATE" MEANS THE STATE OF NEW YORK.
  3.  POWERS AND DUTIES OF THE PRESIDENT. (A) THE PRESIDENT SHALL ADMIN-
ISTER AND ENFORCE THE PROVISIONS OF THIS SECTION. IN ORDER TO EFFECTUATE
THE DECLARED POLICY OF THIS SECTION THE PRESIDENT, IN CONSULTATION  WITH
THE  COMMISSIONER  OF AGRICULTURE AND MARKETS, MAY, AFTER DUE NOTICE AND
HEARING, MAKE AND ISSUE A DAIRY PROMOTION ORDER, OR ORDERS.
  (B) SUCH ORDER OR ORDERS SHALL BE ISSUED AND AMENDED OR TERMINATED  IN
ACCORDANCE WITH THE FOLLOWING PROCEDURES:
  (I)  BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED BY
FIFTY-ONE PER CENTUM OF THE PRODUCERS OF MILK VOTING IN  THE  REFERENDUM
FOR  THE  AREA  TO BE REGULATED BY SUCH ORDER. SUCH REFERENDUM SHALL NOT
CONSTITUTE VALID APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF  ALL  MILK
PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS
MAY  VOTE  BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES IN ACCORD-
ANCE WITH THE FOLLOWING PROCEDURES:
  (A) COOPERATIVES MAY SUBMIT WRITTEN APPROVAL OF SUCH  ORDER  WITHIN  A
PERIOD  OF  ONE  HUNDRED TWENTY DAYS AFTER THE PRESIDENT HAS ANNOUNCED A
REFERENDUM ON A PROPOSED ORDER, FOR SUCH PRODUCERS WHO  ARE  LISTED  AND
CERTIFIED  TO  THE  PRESIDENT  AS MEMBERS OF SUCH COOPERATIVE; PROVIDED,
HOWEVER, THAT ANY COOPERATIVE BEFORE SUBMITTING  SUCH  WRITTEN  APPROVAL
SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO
IS  ITS  MEMBER,  OF  THE  INTENTION  OF THE COOPERATIVE TO APPROVE SUCH
PROPOSED ORDER, AND FURTHER PROVIDE THAT IF SUCH  COOPERATIVE  DOES  NOT
INTEND  TO  APPROVE  SUCH PROPOSED ORDER, IT SHALL LIKEWISE GIVE WRITTEN
NOTICE TO EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT  TO
APPROVE OF SUCH PROPOSED ORDER.
  (B)  ANY PRODUCER MAY OBTAIN A BALLOT FROM THE PRESIDENT SO THAT HE OR
SHE MAY REGISTER HIS OR HER OWN APPROVAL OR DISAPPROVAL OF THE  PROPOSED
ORDER.
  (C) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE WHICH HAS NOTIFIED HIM
OR  HER  OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A PROPOSED ORDER,
AND WHO OBTAINS A BALLOT AND WITH  SUCH  BALLOT  EXPRESSES  HIS  OR  HER
APPROVAL  OR  DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY THE PRESI-
DENT AS TO THE NAME OF THE COOPERATIVE OF WHICH HE OR SHE IS  A  MEMBER,
AND THE PRESIDENT SHALL REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTI-
FIED BY SUCH COOPERATIVE.
  (D)  IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
A PROPOSED ORDER, THE PRESIDENT SHALL NOTIFY ALL MILK PRODUCERS THAT  AN
ORDER IS BEING CONSIDERED AND THAT EACH PRODUCER MAY REGISTER HIS OR HER
APPROVAL  OR  DISAPPROVAL  WITH THE PRESIDENT EITHER DIRECTLY OR THROUGH
HIS OR HER COOPERATIVE.
  (E) THE PRESIDENT MAY  APPOINT  A  REFERENDUM  ADVISORY  COMMITTEE  TO
ASSIST  AND  ADVISE  HIM  OR  HER IN THE CONDUCT OF THE REFERENDUM. SUCH
COMMITTEE SHALL REVIEW  REFERENDUM  PROCEDURES  AND  THE  TABULATION  OF
RESULTS,  AND  SHALL  ADVISE  THE  PRESIDENT  OF ITS FINDINGS. THE FINAL
CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE  PRESIDENT.
THE COMMITTEE SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE OF WHOM
SHALL  BE  PERSONS  DIRECTLY AFFECTED BY THE PROMOTION ORDER BEING VOTED
UPON.  TWO MEMBERS SHALL BE REPRESENTATIVES OF  GENERAL  FARM  ORGANIZA-

S. 6408                            100                           A. 9008

TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED UPON. THE
MEMBERS  OF  THE COMMITTEE SHALL NOT RECEIVE A SALARY BUT SHALL BE ENTI-
TLED TO ACTUAL AND REASONABLE EXPENSES INCURRED IN  THE  PERFORMANCE  OF
THEIR DUTIES.
  (II) THE PRESIDENT MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN TEN
PER  CENTUM  OF  THE  PRODUCERS  IN  THE  AREA, EITHER AS INDIVIDUALS OR
THROUGH COOPERATIVE REPRESENTATION, SHALL CALL A  HEARING  TO  AMEND  OR
TERMINATE  SUCH  ORDER,  AND  ANY SUCH AMENDMENT OR TERMINATION SHALL BE
EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF
MILK FOR THE AREA  REGULATED  PARTICIPATING  IN  A  REFERENDUM  VOTE  AS
PROVIDED PURSUANT TO THIS PARAGRAPH.
  (C)  THE  PRESIDENT  SHALL  ADMINISTER  AND  ENFORCE  ANY  SUCH  DAIRY
PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF:
  (I)  ENCOURAGING  THE  CONSUMPTION  OF  MILK  AND  DAIRY  PRODUCTS  BY
ACQUAINTING  CONSUMERS  AND  OTHERS  WITH  THE ADVANTAGES AND ECONOMY OF
USING MORE OF SUCH PRODUCTS,
  (II) PROTECTING THE HEALTH AND WELFARE OF  CONSUMERS  BY  ASSURING  AN
ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS,
  (III)  PROVIDING  FOR  RESEARCH  PROGRAMS  DESIGNED TO DEVELOP NEW AND
IMPROVED DAIRY PRODUCTS,
  (IV) PROVIDING FOR RESEARCH PROGRAMS DESIGNED  TO  ACQUAINT  CONSUMERS
AND  THE  PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK AND DAIRY
PRODUCTS ON THE HEALTH OF SUCH CONSUMERS,
  (V) CARRYING OUT, IN OTHER WAYS, THE DECLARED  POLICY  AND  INTENT  OF
THIS SECTION.
  4.  PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER OR
ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING:
  (A) PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS  SUBJECT
TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH
ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER.  IN
ORDER  TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH
MILK DEALER WHO RECEIVES MILK FROM PRODUCERS TO  DEDUCT  THE  AMOUNT  OF
ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV-
ERED.  THE  RATE  OF  SUCH  ASSESSMENT  SHALL NOT EXCEED TWO PERCENT PER
HUNDREDWEIGHT OF THE GROSS VALUE OF THE PRODUCERS' MILK, AND  THERE  MAY
BE  CREDITED  AGAINST  ANY SUCH ASSESSMENT THE AMOUNTS PER HUNDREDWEIGHT
OTHERWISE PAID BY  ANY  PRODUCER  COVERED  BY  THE  ORDER  BY  VOLUNTARY
CONTRIBUTION  OR  OTHERWISE  PURSUANT TO ANY OTHER FEDERAL OR STATE MILK
MARKET ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR ADVERTISING  PROGRAM.
NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE OF
THIS SECTION, THE PRESIDENT, UPON WRITTEN PETITION OF NO LESS THAN TWEN-
TY-FIVE PERCENT OF PRODUCERS IN  THE  AREA,  EITHER  AS  INDIVIDUALS  OR
THROUGH  COOPERATIVE  REPRESENTATION,  MAY  CALL  A HEARING FOR THE SOLE
PURPOSE OF ESTABLISHING A NEW  RATE  OF  ASSESSMENT  HEREUNDER  AND  MAY
SUBMIT  A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS FOR
ACCEPTANCE OR REJECTION  WITHOUT  OTHERWISE  AFFECTING  THE  ORDER.  THE
PRODUCERS  IN  THE AREA MAY VOTE ON THE PROPOSED RATE EITHER AS INDIVID-
UALS OR THROUGH COOPERATIVE REPRESENTATION. NOTWITHSTANDING THE  FOREGO-
ING  PROVISIONS  OF  THIS  PARAGRAPH AND OF PARAGRAPH (B) OF SUBDIVISION
THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSU-
ANT TO THIS SECTION, THE RATE OF ASSESSMENT, FOR ANY PERIOD DURING WHICH
A DAIRY PRODUCTS PROMOTION AND RESEARCH ORDER  ESTABLISHED  PURSUANT  TO
THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL
NOT  BE  LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT WHICH PRODUCERS
PARTICIPATING IN THIS STATE'S  DAIRY  PRODUCTS  PROMOTION  OR  NUTRITION

S. 6408                            101                           A. 9008

EDUCATION  PROGRAMS  MAY RECEIVE PURSUANT TO SUBDIVISION (G) OF SEC. 113
OF SAID FEDERAL ACT.
  (B)  PROVISION  FOR  PAYMENTS TO ORGANIZATIONS ENGAGED IN CAMPAIGNS BY
ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL
OR NATIONAL PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED  CONSUMPTION  OF
MILK  AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY ADVAN-
TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION
IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN-
TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE.
  (C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN
RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR
RESEARCH WITH RESPECT TO THE VALUE OF MILK AND  DAIRY  PRODUCTS  IN  THE
HUMAN DIET.
  (D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED
BY  MILK  DEALERS  WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND WITH
RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
  (E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR
THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
  (F) PROVISION FOR AN ADVISORY BOARD PURSUANT TO SUBDIVISION 10 OF THIS
SECTION.
  (G) PROVISION FOR THE PRESIDENT TO RETAIN MONEY  COLLECTED  UNDER  ANY
MARKETING ORDER ISSUED PURSUANT TO THIS SECTION, TO DEFRAY THE COSTS AND
EXPENSES IN THE ADMINISTRATION THEREOF.
  (H)  SUCH  OTHER  PROVISIONS  AS  MAY  BE  NECESSARY TO EFFECTUATE THE
DECLARED POLICIES OF THIS SECTION.
  5. MATTERS TO BE CONSIDERED. IN CARRYING OUT THE  PROVISIONS  OF  THIS
SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION
ORDER  SHALL  BE ISSUED, THE PRESIDENT, IN CONSULTATION WITH THE COMMIS-
SIONER OF AGRICULTURE AND MARKETS, SHALL TAKE INTO CONSIDERATION,  AMONG
OTHERS, FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING:
  (A)  THE  TOTAL  PRODUCTION  OF MILK IN THE AREA AND THE PROPORTION OF
SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS,
  (B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA,
  (C) THE LEVEL OF CONSUMPTION PER CAPITA FOR FLUID MILK  AND  OF  OTHER
DAIRY PRODUCTS,
  (D) THE PURCHASING POWER OF CONSUMERS,
  (E)  OTHER  PRODUCTS  WHICH  COMPETE  WITH MILK AND DAIRY PRODUCTS AND
PRICES OF SUCH PRODUCTS.
  6. INTERSTATE ORDERS FOR COMPACTS. THE PRESIDENT, IN CONSULTATION WITH
THE COMMISSIONER OF AGRICULTURE AND MARKETS, IS AUTHORIZED TO CONFER AND
COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER  STATES  AND
OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND OPERATION OF JOINT
AND  CONCURRENT  DAIRY  PROMOTION  ORDERS OR OTHER ACTIVITIES TENDING TO
CARRY OUT THE DECLARED INTENT OF THE ACT. HE OR SHE MAY JOIN  WITH  SUCH
OTHER  AUTHORITIES  IN  CONDUCTING  JOINT  INVESTIGATIONS, HOLDING JOINT
HEARINGS AND ISSUING JOINT OR CONCURRENT ORDER OR  ORDERS  COMPLEMENTARY
TO  THOSE  OF  THE  FEDERAL  GOVERNMENT  AND SHALL HAVE THE AUTHORITY TO
EMPLOY OR DESIGNATE A JOINT AGENT OR JOINT AGENCIES  TO  CARRY  OUT  AND
ENFORCE SUCH JOINT, CONCURRENT OR SUPPLEMENTARY ORDERS.
  7.  PRIOR  ASSESSMENTS.  PRIOR  TO  THE  EFFECTIVE  DATE  OF ANY DAIRY
PROMOTION ORDER AS PROVIDED IN THIS SECTION, THE PRESIDENT  MAY  REQUIRE
THAT  COOPERATIVE  ASSOCIATIONS  WHICH HAVE PETITIONED FOR SUCH AN ORDER
AND THAT HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH
THE PRESIDENT SUCH AMOUNTS AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE
EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL SUCH TIME AS THE
ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE  ADEQUATE  FOR  THAT  PURPOSE.

S. 6408                            102                           A. 9008

SUCH  FUNDS  SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT
IN THE SAME MANNER AS OTHER FUNDS RECEIVED BY HIM  OR  HER  PURSUANT  TO
THIS  SECTION  AND  THE  PRESIDENT  SHALL REIMBURSE THOSE WHO PAID THESE
PRIOR  ASSESSMENTS  FROM  OTHER FUNDS RECEIVED BY HIM OR HER PURSUANT TO
THIS SECTION.
  8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE FUNDS AND SHALL
BE DEPOSITED IN A BANK OR OTHER DEPOSITORY OF THE CORPORATION,  APPROVED
BY  THE  PRESIDENT,  ALLOCATED TO EACH DAIRY PROMOTION ORDER UNDER WHICH
THEY WERE COLLECTED, AND SHALL BE DISBURSED BY THE  PRESIDENT  ONLY  FOR
THE  NECESSARY  EXPENSES  INCURRED BY THE PRESIDENT WITH RESPECT TO EACH
SEPARATE ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF  THE
PRESIDENT.  ALL  SUCH  EXPENSES  SHALL  BE AUDITED BY THE CORPORATION AT
LEAST ANNUALLY.   ANY MONEYS REMAINING  IN  SUCH  FUND  ALLOCABLE  TO  A
PARTICULAR  ORDER,  AFTER THE TERMINATION OF SUCH ORDER AND NOT REQUIRED
BY THE PRESIDENT TO DEFRAY THE EXPENSES OF OPERATING SUCH ORDER, MAY  IN
THE  DISCRETION  OF THE PRESIDENT BE REFUNDED ON A PRO-RATA BASIS TO ALL
PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED,  HOWEV-
ER,  THAT  IF  THE PRESIDENT FINDS THAT THE AMOUNTS SO REFUNDABLE ARE SO
SMALL AS TO MAKE IMPRACTICABLE THE COMPUTATION  AND  REFUNDING  OF  SUCH
MONEYS,  THE  PRESIDENT  MAY  USE  SUCH  MONEYS  TO  DEFRAY THE EXPENSES
INCURRED BY HIM OR HER IN THE PROMULGATION, ISSUANCE, ADMINISTRATION  OR
ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER OR IN THE ABSENCE
OF  ANY  OTHER  SUCH  DAIRY  PROMOTION ORDER, THE PRESIDENT MAY PAY SUCH
MONEYS TO ANY ORGANIZATION OR INSTITUTION AS PROVIDED IN  PARAGRAPH  (B)
OR (C) OF SUBDIVISION FOUR OF THIS SECTION.
  9. BUDGET. THE PRESIDENT SHALL PREPARE A BUDGET FOR THE ADMINISTRATION
AND  OPERATING  COSTS  AND  EXPENSES  INCLUDING  ADVERTISING  AND  SALES
PROMOTION WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED  HEREUNDER
AND  TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR ASSESSMENTS
TO DEFRAY COSTS AND EXPENSES, IN NO  CASE  TO  EXCEED  TWO  PERCENT  PER
HUNDREDWEIGHT  OF  THE  GROSS VALUE OF MILK MARKETED BY PRODUCERS IN THE
AREA COVERED BY THE ORDER.
  10. ADVISORY BOARD.  (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT  TO
THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO
ADVISE  AND  ASSIST  THE  PRESIDENT IN THE ADMINISTRATION OF SUCH ORDER.
THIS BOARD SHALL CONSIST OF NOT LESS THAN  FIVE  MEMBERS  AND  SHALL  BE
APPOINTED  BY  THE  PRESIDENT  FROM  NOMINATIONS  SUBMITTED BY PRODUCERS
MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCE-
DURE, QUALIFICATION, REPRESENTATION, AND  SIZE  OF  THE  ADVISORY  BOARD
SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED.
  (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
ENTITLED  TO  HIS  OR  HER ACTUAL AND REASONABLE EXPENSES INCURRED WHILE
PERFORMING HIS OR HER DUTIES AS AUTHORIZED IN THIS SECTION.
  (C) THE DUTIES AND RESPONSIBILITIES OF THE  ADVISORY  BOARD  SHALL  BE
PRESCRIBED  BY  THE PRESIDENT AND HE OR SHE MAY SPECIFICALLY DELEGATE TO
THE ADVISORY BOARD, BY INCLUSION IN THE DAIRY PROMOTION  ORDER,  ALL  OR
ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  (I)  THE  RECOMMENDATION  TO THE PRESIDENT OF ADMINISTRATIVE RULES AND
REGULATIONS RELATING TO THE ORDER.
  (II) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS  TO  THE  ORDER  AS
DEEMED ADVISABLE.
  (III)  THE PREPARATION AND SUBMISSION TO THE PRESIDENT OF AN ESTIMATED
BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
  (IV) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING PRODUCERS AND
METHODS FOR COLLECTING THE NECESSARY FUNDS.

S. 6408                            103                           A. 9008

  (V) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLY OF INFORMA-
TION AND DATA NECESSARY FOR THE PROPER ADMINISTRATION OF THE ORDER.
  (VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
AS THE PRESIDENT SHALL DESIGNATE.
  11.  RULES  AND REGULATIONS; ENFORCEMENT.  (A) THE PRESIDENT MAY, WITH
THE ADVICE AND ASSISTANCE OF THE ADVISORY BOARD,  MAKE  AND  ISSUE  SUCH
RULES  AND  REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE THE PROVISIONS
AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISIONS  OF  ANY  DAIRY
PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
  (B) THE PRESIDENT MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY
APPEAR  NECESSARY  TO  ENFORCE  COMPLIANCE  WITH  ANY  PROVISION OF THIS
SECTION, OR ANY RULE OR REGULATION, OR DAIRY PROMOTION  ORDER  COMMITTED
TO  HIS OR HER ADMINISTRATION, AND MAY APPLY FOR RELIEF BY INJUNCTION IF
NECESSARY TO PROTECT THE PUBLIC  INTEREST  WITHOUT  BEING  COMPELLED  TO
ALLEGE  OR  PROVE  THAT  AN  ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH
APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY
PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR TO THE SUPREME COURT IN
THE THIRD JUDICIAL DISTRICT.
  12. COOPERATION BY THE DEPARTMENT  OF  AGRICULTURE  AND  MARKETS.  THE
PRESIDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS
OF  SUCH  REQUEST  FROM THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND
MARKETS (HEREAFTER REFERRED TO IN THIS SUBDIVISION AS THE  "DEPARTMENT")
SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY FOR THE
CORPORATION  TO  PROVIDE  SERVICES WITH RESPECT TO THE ADMINISTRATION OF
THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR  AMENDMENT  OF
ANY  DAIRY  PROMOTION ORDER AND/OR THE ADMINISTRATION OF ANY SUCH ORDER.
THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY
THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO  THIS  SECTION  AND
REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE
DEPARTMENT  IN  SUPPLYING  SUCH  SERVICES,  SUBSEQUENT TO SUBMISSION AND
AUDIT OF A VOUCHER THEREFOR.  SUCH REIMBURSEMENT SHALL  NOT  EXCEED  THE
TOTAL  AMOUNT  OF  FUNDS  COLLECTED  BY THE CORPORATION PURSUANT TO THIS
SECTION LESS THE REASONABLE EXPENSES  INCURRED  BY  THE  CORPORATION  IN
PERFORMING ITS DUTIES PURSUANT TO THIS SECTION.
  13.  INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM-
LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES,  FROM  AND
AGAINST  ANY  AND  ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS
AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING
TO, THE ADMINISTRATION OF A DAIRY PROMOTION ORDER ISSUED OR ADMINISTERED
PURSUANT TO THIS SECTION.  IN CONNECTION WITH THE FOREGOING, THE  CORPO-
RATION  SHALL  GIVE  THE  STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION,
CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO  TAKE  OVER,  SETTLE  OR
DEFEND  SUCH  ACTION, CLAIM OR SUIT AT THE STATE'S SOLE EXPENSE, AND (C)
ASSISTANCE IN THE DEFENSE OF ANY SUCH  ACTION  AT  THE  EXPENSE  OF  THE
STATE.
  14.  CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES
WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION  IN  ACCORDANCE  WITH
THE  CORPORATION'S  POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING
SECTION 2879 OF THE PUBLIC AUTHORITIES LAW  OR  ANY  OTHER  LAW  TO  THE
CONTRARY,  ANY  SUCH  CONTRACT  MAY  BE PROCURED BY THE CORPORATION ON A
SOLE-SOURCE BASIS, AND SHALL  NOT  BE  SUBJECT  TO  COMPETITIVE  BID  OR
COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS.
  S 16-Y. MARKETING OF AGRICULTURAL PRODUCTS. DECLARATION OF POLICY. (A)
IT  IS HEREBY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE
A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION,  THE
CORPORATION  HAS  UNDERTAKEN  A  VIGOROUS CAMPAIGN TO MARKET THE STATE'S

S. 6408                            104                           A. 9008

ASSETS AND BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER
THIS MISSION BY PROMOTING THE DEVELOPMENT OF  MARKETS  FOR  AGRICULTURAL
PRODUCTS GROWN AND PRODUCED IN THE STATE.
  (B)  IT IS FURTHER DECLARED THAT THE MARKETING OF AGRICULTURAL COMMOD-
ITIES AND AQUATIC PRODUCTS IN THIS STATE, IN EXCESS  OF  REASONABLE  AND
NORMAL  MARKET  DEMANDS  THEREFOR;  DISORDERLY MARKETING OF SUCH COMMOD-
ITIES; IMPROPER PREPARATION FOR MARKET AND LACK OF UNIFORM  GRADING  AND
CLASSIFICATION  OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS; UNFAIR
METHODS OF COMPETITION IN THE MARKETING  OF  SUCH  COMMODITIES  AND  THE
INABILITY  OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND LARGER MARKETS FOR
AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT IN AN UNREASONABLE
AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL WEALTH OF THIS STATE.
SUCH CONDITIONS AND THE ACCOMPANYING WASTE JEOPARDIZE THE FUTURE CONTIN-
UED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR  THE  PEOPLE  OF  THIS  AND
OTHER  STATES.  THESE  CONDITIONS VITALLY CONCERN THE HEALTH, SAFETY AND
GENERAL WELFARE OF THE PEOPLE OF THIS STATE.
  IT IS THEREFORE DECLARED THE LEGISLATIVE PURPOSE  AND  THE  POLICY  OF
THIS STATE:
  (I)  TO  ENABLE  AGRICULTURAL  PRODUCERS AND AQUATIC PRODUCERS OF THIS
STATE, WITH THE AID OF THE STATE,  MORE  EFFECTIVELY  TO  CORRELATE  THE
MARKETING  OF  THEIR  AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH
MARKET DEMANDS THEREFOR.
  (II) TO ESTABLISH ORDERLY, EFFICIENT AND EQUITABLE MARKETING OF  AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
  (III)  TO  PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET.
  (IV) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND LARG-
ER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN
NEW YORK.
  (V) TO ELIMINATE OR REDUCE THE ECONOMIC  WASTE  IN  THE  MARKETING  OF
AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS.
  (VI) TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER OF AQUATIC
PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE; AND
  (VII)  TO  AID  AGRICULTURAL  AND  AQUATIC PRODUCERS IN MAINTAINING AN
INCOME AT AN ADEQUATE AND EQUITABLE LEVEL.
  2. DEFINITIONS. (A) "AGRICULTURAL COMMODITY" MEANS ANY AND  ALL  AGRI-
CULTURAL, HORTICULTURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBE-
ANS,  BARLEY,  WHEAT,  POULTRY  OR POULTRY PRODUCTS, BEES, MAPLE SAP AND
PURE MAPLE PRODUCTS  PRODUCED  THEREFROM,  CHRISTMAS  TREES,  LIVESTOCK,
INCLUDING  SWINE,  AND  HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL
STATE OR AS PROCESSED BY THE PRODUCER THEREOF BUT DOES NOT INCLUDE MILK,
TIMBER OR TIMBER PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE  AND
LEGUMES EXCEPT FOR SOYBEANS.
  (B) "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUAT-
IC PLANTS AND ANIMALS.
  (C)  "AQUATIC  PRODUCTS"  MEANS  ANY  FOOD  OR FIBER PRODUCTS OBTAINED
THROUGH THE  PRACTICE  OF  AQUACULTURE,  INCLUDING  MARICULTURE;  OR  BY
HARVEST  FROM  THE SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN THIS
STATE.  SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED  TO  FISH,  SHELLFISH,
SEAWEED OR OTHER WATER BASED PLANT LIFE.
  (D) "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI-
NESS  OF  PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET, ANY AGRI-
CULTURAL COMMODITY OR AQUATIC PRODUCT.
  (E) "HANDLER" MEANS ANY PERSON ENGAGED IN THE  OPERATION  OF  PACKING,
GRADING, SELLING, OFFERING FOR SALE OR MARKETING ANY MARKETABLE AGRICUL-

S. 6408                            105                           A. 9008

TURAL  COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHERWISE
SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED.
  (F) "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN PROCESS-
ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ-
ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND-
ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN
AGRICULTURAL  PRODUCT  OR  AQUATIC  PRODUCT FOR THE PURPOSE OF MARKETING
SUCH COMMODITY BUT SHALL NOT INCLUDE A PERSON ENGAGED  IN  MANUFACTURING
FROM  AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND DIFFERENT
PRODUCT.
  (G) "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN SELL-
ING, OFFERING  FOR  SALE,  MARKETING  OR  DISTRIBUTING  AN  AGRICULTURAL
COMMODITY  OR  AQUATIC PRODUCT WHICH HE OR SHE HAS PURCHASED OR ACQUIRED
FROM A PRODUCER OR OTHER PERSON OR WHICH  HE  OR  SHE  IS  MARKETING  ON
BEHALF OF A PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE,
BROKER  OR  OTHERWISE,  BUT  SHALL  NOT  INCLUDE A RETAILER, EXCEPT SUCH
RETAILER WHO PURCHASES OR ACQUIRES FROM, OR HANDLES  ON  BEHALF  OF  ANY
PRODUCER  OR  OTHER PERSON, AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT
SUBJECT TO REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING  SUCH
COMMODITY.
  (H) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION.
  (I)  "MARKETING  AGREEMENT"  MEANS AN AGREEMENT ENTERED INTO, WITH THE
APPROVAL OF THE PRESIDENT, BY PRODUCERS  WITH  DISTRIBUTORS,  PROCESSORS
AND  HANDLERS  REGULATING THE PREPARATION, SALE AND HANDLING OF AGRICUL-
TURAL COMMODITIES OR AQUATIC PRODUCTS.
  (J) "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT  PURSUANT
TO THIS SECTION, PRESCRIBING RULES AND REGULATIONS GOVERNING THE MARKET-
ING  FOR  PROCESSING,  THE DISTRIBUTING, THE SALE OF, OR THE HANDLING IN
ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SOLD IN THIS
STATE DURING ANY SPECIFIED PERIOD OR PERIODS.
  3. POWERS AND DUTIES OF THE PRESIDENT. (A) IN ORDER TO EFFECTUATE  THE
DECLARED POLICY OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE
COMMISSIONER  OF  AGRICULTURE  AND  MARKETS,  MAY,  AFTER DUE NOTICE AND
OPPORTUNITY FOR HEARING, APPROVE MARKETING AGREEMENTS,  WHICH  MARKETING
AGREEMENTS  SHALL  THEREUPON  BE  BINDING  UPON  THE SIGNATORIES THERETO
EXCLUSIVELY.
  (B) THE PRESIDENT MAY MAKE  AND  ISSUE  MARKETING  ORDERS,  AFTER  DUE
NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO:
  (I)  APPROVAL  OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF
THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR
  (II) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE  PRODUCERS
PARTICIPATING  IN  A  REFERENDUM  VOTE, IN THE AREA AFFECTED, AND HAVING
MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE
COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING,  ORDINARY  MARKETING
SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR
  (III)  APPROVAL OF NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS
PARTICIPATING IN A REFERENDUM VOTE, IN THE  AREA  AFFECTED,  AND  HAVING
MARKETED  NOT  LESS  THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF
THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKET-
ING SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM. THE  PRESIDENT
MAY,  AND UPON WRITTEN PETITION DULY SIGNED BY TWENTY-FIVE PER CENTUM OF
THE PRODUCERS IN THE AREA AMEND OR TERMINATE SUCH ORDER AFTER DUE NOTICE
AND OPPORTUNITY FOR HEARING, BUT SUBJECT TO THE  APPROVAL  OF  NOT  LESS
THAN  FIFTY  PER  CENTUM OF SUCH PRODUCERS PARTICIPATING IN A REFERENDUM
VOTE.

S. 6408                            106                           A. 9008

  (C) THE PRESIDENT SHALL ADMINISTER AND ENFORCE  ANY  MARKETING  ORDER,
WHILE IT IS IN EFFECT, TO:
  (I)  ENCOURAGE  AND  MAINTAIN  STABLE PRICES RECEIVED BY PRODUCERS FOR
SUCH AGRICULTURAL COMMODITY AND AQUATIC PRODUCT  AT  A  LEVEL  WHICH  IS
CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ACT.
  (II)  PREVENT  THE  UNREASONABLE OR UNNECESSARY WASTE OF LAND OR WATER
BASED WEALTH.
  (III) PROTECT THE INTERESTS OF CONSUMERS OF SUCH COMMODITY,  BY  EXER-
CISING  THE  POWERS  OF  THIS  SECTION TO SUCH EXTENT AS IS NECESSARY TO
EFFECTUATE THE PURPOSES OF THIS ACT.
  (IV) PREPARE A BUDGET FOR THE ADMINISTRATION AND OPERATING  COSTS  AND
EXPENSES  INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN ANY
MARKETING AGREEMENT OR ORDER EXECUTED IN THIS SECTION AND TO PROVIDE FOR
THE COLLECTION AND RETENTION OF SUCH NECESSARY FEES TO DEFRAY SUCH COSTS
AND EXPENSES, IN NO CASE TO EXCEED FIVE  PERCENT  OF  THE  GROSS  DOLLAR
VOLUME  OF SALES OR DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO BE
COLLECTED FROM  EACH  PERSON  ENGAGED  IN  THE  PRODUCTION,  PROCESSING,
DISTRIBUTING  OR  THE  HANDLING OF ANY MARKETABLE AGRICULTURAL COMMODITY
AND AQUATIC PRODUCT PRODUCED  OR  LANDED  IN  THIS  STATE  AND  DIRECTLY
AFFECTED BY ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION FOR SUCH
COMMODITY.
  (V)  CONFER  AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF
OTHER STATES AND THE UNITED STATES.
  (D) ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE PRESIDENT  PURSUANT
TO THIS SECTION MAY CONTAIN ANY OR ALL OF THE FOLLOWING:
  (I) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS
OF ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE OR QUALITY THEREOF,
AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS.
  (II)  PROVISIONS  FOR  LIMITING THE TOTAL QUANTITY OF ANY AGRICULTURAL
PRODUCT, OR OF ANY GRADE  OR  GRADES,  SIZE  OR  SIZES,  OR  QUALITY  OR
PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC-
IFIED  PERIOD  OR  PERIODS. SUCH TOTAL QUANTITY OF ANY SUCH COMMODITY SO
REGULATED SHALL NOT BE LESS THAN THE QUANTITY WHICH THE PRESIDENT  SHALL
FIND  IS  REASONABLY  NECESSARY TO SUPPLY THE MARKET DEMAND OF CONSUMERS
FOR SUCH COMMODITY.
  (III) PROVISIONS REGULATING TO THE PERIOD, OR  PERIODS,  DURING  WHICH
ANY  AGRICULTURAL  COMMODITY,  OR  ANY GRADE OR GRADES, SIZE OR SIZES OR
QUALITY OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED.
  (IV) PROVISIONS FOR THE ESTABLISHMENT OF UNIFORM  GRADING,  STANDARDS,
AND  INSPECTION  OF ANY AGRICULTURAL COMMODITY DELIVERED BY PRODUCERS OR
OTHER PERSONS TO HANDLERS, PROCESSORS, DISTRIBUTORS OR  OTHERS  ENGAGING
IN  THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR STAND-
ARDS OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY  AGRICULTURAL
COMMODITY,  AND  THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD-
ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND  FOR  PROVISIONS
THAT  NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL
COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY,  EXCEPT
AS  OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER
FOR SALE, PROCESS, DISTRIBUTE OR OTHERWISE  HANDLE  ANY  SUCH  COMMODITY
WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING
WITH  SUCH  ESTABLISHED  GRADING  OR STANDARDS. FOR THE PURPOSES OF THIS
SECTION,  THE  FEDERAL-STATE  INSPECTION  SERVICE  SHALL   PERFORM   ALL
INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS.
  (V)  PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED TO
BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL.

S. 6408                            107                           A. 9008

  (VI) PROVISIONS FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER  ANY
MARKETING  ORDER ISSUED PURSUANT TO THIS SECTION TO DEFRAY THE COSTS AND
EXPENSES IN THE ADMINISTRATION THEREOF.
  (VII)  SUCH  OTHER  PROVISIONS  AS  MAY BE NECESSARY TO EFFECTUATE THE
DECLARED POLICIES OF THIS SECTION.
  (VIII)  PROVISIONS  TO  ESTABLISH  MARKETING  PROMOTION  AND  RESEARCH
PROGRAMS  FOR  AQUATIC  PRODUCTS  WHICH  MAY  INCLUDE  SUBPARAGRAPHS (I)
THROUGH (VII) OF THIS PARAGRAPH.
  (E) THE PRESIDENT MAY TEMPORARILY SUSPEND THE OPERATION OF  AN  EFFEC-
TIVE  MARKETING  ORDER  FOR  A  CONTINUING PERIOD OF NOT LONGER THAN ONE
GROWING AND MARKETING SEASON, IF THE PURPOSES OF THIS SECTION ARE DEEMED
UNNECESSARY DURING SUCH SEASON.
  (F) IN CARRYING OUT THE PURPOSES OF THIS SECTION,  THE  PRESIDENT,  IN
CONSULTATION  WITH  THE  COMMISSIONER  OF AGRICULTURE AND MARKETS, SHALL
TAKE INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO HIM OR  HER  WITH
RESPECT TO THE FOLLOWING ECONOMIC FACTORS:
  (I) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB-
UTION.
  (II)  THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY REQUIRED BY
CONSUMERS.
  (III) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY.
  (IV) THE PURCHASING POWER OF CONSUMERS.
  (V) THE LEVEL OF PRICES OF COMMODITIES, SERVICES  AND  SECTIONS  WHICH
THE FARMERS COMMONLY BUY.
  (VI)  THE  LEVEL  OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR
ARE UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY.
  (G) THE EXECUTION OF SUCH MARKETING  AGREEMENTS  SHALL  IN  NO  MANNER
AFFECT  THE  ISSUANCE,  ADMINISTRATION  OR  ENFORCEMENT OF ANY MARKETING
ORDER PROVIDED FOR IN THIS SECTION. THE PRESIDENT MAY ISSUE SUCH MARKET-
ING ORDER WITHOUT EXECUTING A  MARKETING  AGREEMENT  OR  MAY  EXECUTE  A
MARKETING  AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE SAME
COMMODITY. THE PRESIDENT, IN HIS OR HER DISCRETION, MAY HOLD  A  CONCUR-
RENT  HEARING UPON A PROPOSED MARKETING AGREEMENT AND A PROPOSED MARKET-
ING ORDER IN THE MANNER PROVIDED FOR GIVING DUE NOTICE  AND  OPPORTUNITY
FOR HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS SECTION.
  (H)  PRIOR  TO THE ISSUANCE, AMENDMENT OR TERMINATION OF ANY MARKETING
ORDER, THE PRESIDENT MAY  REQUIRE  THE  APPLICANTS  FOR  SUCH  ISSUANCE,
AMENDMENT OR TERMINATION TO DEPOSIT WITH HIM OR HER SUCH AMOUNT AS HE OR
SHE  MAY  DEEM  NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING
EFFECTIVE AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE
RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS
OTHER FEES RECEIVED BY HIM OR HER UNDER THIS SECTION AND, IN  THE  EVENT
THE  APPLICATION  FOR  ADOPTION, AMENDMENT OR TERMINATION OF A MARKETING
ORDER IS APPROVED IN A REFERENDUM, THE  PRESIDENT  SHALL  REIMBURSE  ANY
SUCH  APPLICANT  IN  THE  AMOUNT OF ANY SUCH DEPOSIT FROM ANY UNEXPENDED
MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM.
  (I) ANY MONEYS COLLECTED BY THE PRESIDENT  PURSUANT  TO  THIS  SECTION
SHALL  NOT  BE  DEEMED  STATE  FUNDS AND SHALL BE DEPOSITED IN A BANK OR
OTHER DEPOSITORY OF THE CORPORATION, APPROVED BY  THE  PRESIDENT,  ALLO-
CATED  TO EACH MARKETING ORDER UNDER WHICH THEY ARE COLLECTED, AND SHALL
BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY  EXPENSES  INCURRED
BY THE PRESIDENT WITH RESPECT TO EACH SUCH SEPARATE MARKETING ORDER, ALL
IN  ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PRESIDENT. ALL SUCH
EXPENDITURES SHALL BE AUDITED BY THE CORPORATION AT LEAST ANNUALLY.  ANY
MONEYS  REMAINING  IN  SUCH  FUND  ALLOCABLE TO ANY PARTICULAR COMMODITY
AFFECTED BY A MARKETING ORDER MAY, IN THE DISCRETION OF  THE  PRESIDENT,

S. 6408                            108                           A. 9008

BE  REFUNDED  AT THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA BASIS
TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED OR, WHENEV-
ER THE PRESIDENT FINDS THAT SUCH MONEYS MAY BE NECESSARY TO  DEFRAY  THE
COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON,
HE OR SHE MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT
SUCH  SUCCEEDING  SEASON.  UPON  THE TERMINATION BY THE PRESIDENT OF ANY
MARKETING ORDER, ALL MONEYS REMAINING AND NOT REQUIRED BY THE  PRESIDENT
TO  DEFRAY  THE  EXPENSES  OF  OPERATING  SUCH MARKETING ORDER, SHALL BE
REFUNDED BY THE PRESIDENT UPON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM
ASSESSMENTS THEREFOR WERE COLLECTED;  PROVIDED,  HOWEVER,  THAT  IF  THE
PRESIDENT  FINDS  THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE
IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE  PRESI-
DENT  MAY  USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY HIM OR HER
IN THE FORMULATION,  ISSUANCE,  ADMINISTRATION  OR  ENFORCEMENT  OF  ANY
SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY.
  (J)  ADVISORY BOARD.   (I) ANY MARKETING ORDER ISSUED PURSUANT TO THIS
SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF  AN  ADVISORY  BOARD,  TO
CONSIST  OF  NOT  LESS  THAN FIVE MEMBERS NOR MORE THAN NINE MEMBERS, TO
ADVISE THE PRESIDENT IN THE ADMINISTRATION OF SUCH  MARKETING  ORDER  IN
ACCORDANCE  WITH  ITS  TERMS  AND  PROVISIONS. THE MEMBERS OF SAID BOARD
SHALL BE APPOINTED BY THE PRESIDENT FROM NOMINATIONS RECEIVED  FROM  THE
COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED. NOMINATING
PROCEDURE,  QUALIFICATION, REPRESENTATION AND SIZE OF THE ADVISORY BOARD
SHALL BE PRESCRIBED IN EACH MARKETING ORDER  FOR  WHICH  SUCH  BOARD  IS
APPOINTED.  EACH  ADVISORY BOARD SHALL BE COMPOSED OF SUCH PRODUCERS AND
HANDLERS OR PROCESSORS AS ARE DIRECTLY AFFECTED BY THE  MARKETING  ORDER
IN  SUCH  PROPORTION OF REPRESENTATION AS THE ORDER SHALL PRESCRIBE. THE
PRESIDENT MAY APPOINT ONE PERSON WHO IS NEITHER A PRODUCER, PROCESSOR OR
OTHER HANDLER TO REPRESENT THE DEPARTMENT OF  AGRICULTURE  AND  MARKETS,
THE CORPORATION, OR THE PUBLIC GENERALLY.
  (II)  NO  MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY, BUT EACH
SHALL BE ENTITLED TO HIS OR HER ACTUAL EXPENSES INCURRED  WHILE  ENGAGED
IN PERFORMING HIS OR HER DUTIES HEREIN AUTHORIZED.
  (III)  THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY BOARD SHALL BE
PRESCRIBED BY THE PRESIDENT, AND HE OR SHE MAY SPECIFICALLY DELEGATE  TO
THE  ADVISORY  BOARD, BY INCLUSION IN THE MARKETING ORDER, ALL OR ANY OF
THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  (A) THE RECOMMENDATION TO THE PRESIDENT OF  ADMINISTRATIVE  RULES  AND
REGULATIONS RELATING TO THE MARKETING ORDER.
  (B)  RECOMMENDING  TO  THE  PRESIDENT SUCH AMENDMENTS TO THE MARKETING
ORDER AS DEEMED ADVISABLE.
  (C) THE PREPARATION AND SUBMISSION TO THE PRESIDENT OF  THE  ESTIMATED
BUDGET REQUIRED FOR THE PROPER OPERATION OF THE MARKETING ORDER.
  (D) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING MEMBERS OF THE
INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
  (E) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLING OF INFOR-
MATION AND DATA NECESSARY TO THE PROPER ADMINISTRATION OF THE ORDER.
  (F)  THE  PERFORMANCE  OF  SUCH  OTHER  DUTIES  IN CONNECTION WITH THE
MARKETING ORDER AS THE PRESIDENT SHALL DESIGNATE.
  4. RULES AND REGULATIONS; ENFORCEMENT.  THE  PRESIDENT  MAY  MAKE  AND
PROMULGATE  SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE
THE PROVISIONS AND INTENT OF THIS SECTION AND TO ENFORCE  THE  PROVISION
OF  ANY  MARKETING AGREEMENT OR ORDER, ALL OF WHICH SHALL HAVE THE FORCE
AND EFFECT OF LAW.
  THE PRESIDENT MAY INSTITUTE SUCH ACTION AT LAW OR  IN  EQUITY  AS  MAY
APPEAR  NECESSARY  TO  ENFORCE  COMPLIANCE  WITH  ANY  PROVISION OF THIS

S. 6408                            109                           A. 9008

SECTION, OR ANY  RULE  OR  REGULATION,  MARKETING  AGREEMENT  OR  ORDER,
COMMITTED  TO  HIS  OR HER ADMINISTRATION, AND IN ADDITION MAY APPLY FOR
RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
BEING  COMPELLED  TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES
NOT EXIST. SUCH APPLICATION MAY BE MADE TO  THE  SUPREME  COURT  IN  ANY
DISTRICT  OR  COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR
TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
  5. COOPERATION BY THE DEPARTMENT OF AGRICULTURE AND MARKETS. THE PRES-
IDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS  OF
SUCH  REQUEST,  FROM  THE  NEW  YORK STATE DEPARTMENT OF AGRICULTURE AND
MARKETS (HEREINAFTER REFERRED TO IN THIS  SUBDIVISION  AS  THE  "DEPART-
MENT")  SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY
FOR THE CORPORATION TO PROVIDE SERVICES WITH  RESPECT  TO  THE  ADMINIS-
TRATION  OF  THE  PROCEDURES  SET FORTH FOR THE ISSUANCE, TERMINATION OR
AMENDMENT OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC ORDER  AND/OR  THE
ADMINISTRATION  OF  ANY  SUCH  ORDER.    THE CORPORATION SHALL RETAIN AN
AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE CORPORATION  IN  PERFORMING
ITS  DUTIES  PURSUANT  TO  THIS  SECTION AND REIMBURSE THE DEPARTMENT AN
AMOUNT EQUAL TO THE EXPENSES INCURRED BY  THE  DEPARTMENT  IN  SUPPLYING
SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR.
SUCH  REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS COLLECTED
BY THE CORPORATION PURSUANT TO THIS SECTION LESS THE REASONABLE EXPENSES
INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES  PURSUANT  TO  THIS
SECTION.
  6.  INDEMNIFICATION.  THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM-
LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES,  FROM  AND
AGAINST  ANY  AND  ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS
AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING
TO, THE ADMINISTRATION  OF  ANY  AGRICULTURAL,  COMMODITIES  OR  AQUATIC
PROMOTION  ORDER  ISSUED  OR  ADMINISTERED PURSUANT TO THIS SECTION.  IN
CONNECTION WITH THE FOREGOING, THE CORPORATION SHALL GIVE THE STATE  (A)
PROMPT  WRITTEN  NOTICE  OF ANY ACTION, CLAIM OR THREAT OF SUIT, (B) THE
OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT
THE STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY  SUCH
ACTION AT THE EXPENSE OF THE STATE.
  7.  CONTRACTUAL  PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES
WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION  IN  ACCORDANCE  WITH
THE  CORPORATION'S  POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING
SECTION 2879 OF THE PUBLIC AUTHORITIES LAW  OR  ANY  OTHER  LAW  TO  THE
CONTRARY,  ANY  SUCH  CONTRACT  MAY  BE PROCURED BY THE CORPORATION ON A
SOLE-SOURCE BASIS, AND SHALL  NOT  BE  SUBJECT  TO  COMPETITIVE  BID  OR
COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS.
  S  16-Z.  MARKETING  ORDERS.    THE  MARKETING  ORDERS, THE REGULATORY
PROVISIONS RELATING THERETO, SET FORTH IN  TITLE  ONE  OF  THE  OFFICIAL
COMPILATION  OF  CODES,  RULES  AND REGULATIONS OF THE STATE OF NEW YORK
PARTS 40, 200, 201, 203, 204, AND 205, AND THE CONTRACTS RELATING THERE-
TO SHALL REMAIN IN FULL FORCE  AND  EFFECT  UNTIL  AMENDED  OR  REPEALED
PURSUANT  TO THE STATUTORY AUTHORITY SET FORTH IN SECTIONS 16-X AND 16-Y
OF THIS ACT EXCEPT THAT:  (A)  SUCH  MARKETING  ORDERS,  THE  REGULATORY
PROVISIONS RELATING THERETO, AND THE CONTRACTS RELATING THERETO SHALL BE
ADMINISTERED BY AND UNDER THE SUPERVISION OF THE PRESIDENT OF THE CORPO-
RATION  AS  OF THE EFFECTIVE DATE OF SECTIONS 16-X AND 16-Y OF THIS ACT;
(B) ALL UNDISBURSED FUNDS UNDER THE CONTROL OF THE DEPARTMENT  OF  AGRI-
CULTURE AND MARKETS SHALL BE TRANSFERRED TO THE CORPORATION ON OR BEFORE
SUCH  EFFECTIVE DATE; AND (C) ANY ASSESSMENTS DUE AND PAYABLE UNDER SUCH

S. 6408                            110                           A. 9008

MARKETING ORDERS SHALL BE REMITTED TO THE CORPORATION STARTING  30  DAYS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law and shall expire and be  deemed  repealed  five  years
after  such date; provided, however, that any assessment due and payable
under such marketing orders shall be remitted to the  urban  development
corporation starting 30 days after such effective date.

                                 PART T

  Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
section  27-1905  of  the  environmental conservation law, as amended by
section 1 of part G of chapter 58 of the laws of 2013,  are  amended  to
read as follows:
  1.  [Until December thirty-first, two thousand sixteen, accept] ACCEPT
from a customer, waste tires of approximately the same  size  and  in  a
quantity  equal to the number of new tires purchased or installed by the
customer; and
  [Until December thirty-first, two thousand sixteen, post] POST written
notice in a prominent location, which must be at least  eight  and  one-
half  inches  by  fourteen  inches  in  size  and  contain the following
language:
  S 2. The opening paragraph of subdivisions 1, 2 and  3  and  paragraph
(a)  of  subdivision 6 of section 27-1913 of the environmental conserva-
tion law, as amended by section 2 of part G of chapter 58 of the laws of
2013, are amended to read as follows:
  [Until December thirty-first, two thousand sixteen, a]  A  waste  tire
management  and  recycling  fee  of two dollars and fifty cents shall be
charged on each new tire sold. The fee shall be paid by the purchaser to
the tire service at the time the  new  tire  or  new  motor  vehicle  is
purchased.
  [Until  December  thirty-first,  two  thousand  sixteen, the] THE tire
service shall collect the waste tire management and recycling  fee  from
the  purchaser  at  the time of the sale and shall remit such fee to the
department of taxation and  finance  with  the  quarterly  report  filed
pursuant to subdivision three of this section.
  [Until  March  thirty-first,  two  thousand seventeen, each] EACH tire
service maintaining a place of business  in  this  state  shall  make  a
return  to  the department of taxation and finance on a quarterly basis,
with the return for December, January, and  February  being  due  on  or
before  the  immediately  following  March  thirty-first; the return for
March, April, and May being due on or before the  immediately  following
June  thirtieth;  the  return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the  immediately
following December thirty-first.
  (a) [Until December thirty-first, two thousand sixteen, any] ANY addi-
tional  waste tire management and recycling costs of the tire service in
excess of the amount authorized to be retained pursuant to paragraph (b)
of subdivision two of this section may  be  included  in  the  published
selling  price of the new tire, or charged as a separate per-tire charge
on each new tire sold. When such costs are charged as  a  separate  per-
tire charge: (i) such charge shall be stated as an invoice item separate
and  distinct from the selling price of the tire; (ii) the invoice shall
state that the charge is imposed at the  sole  discretion  of  the  tire
service;  and  (iii)  the amount of such charge shall reflect the actual

S. 6408                            111                           A. 9008

cost to the tire service for the management and recycling of waste tires
accepted by the tire service pursuant to section 27-1905 of this  title,
provided  however, that in no event shall such charge exceed two dollars
and fifty cents on each new tire sold.
  S 3. This act shall take effect immediately.

                                 PART U

  Section  1.  Paragraph a of subdivision 2 of section 92-s of the state
finance law, as added by chapter 610 of the laws of 1993, is amended  to
read as follows:
  a. The comptroller shall establish the following separate and distinct
accounts within the environmental protection fund:
  (i) solid waste account;
  (ii) parks, recreation and historic preservation account;
  (iii) open space account; [and]
  (iv) CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT; AND
  (V) environmental protection transfer account.
  S  2.  Paragraph  (b)  of  subdivision  6 of section 92-s of the state
finance law, as amended by chapter 432 of the laws of 1997,  is  amended
to read as follows:
  (b)  Moneys  from the solid waste account shall be available, pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project; municipal waste reduction or recycling project, as  defined  in
article  fifty-four  of  the  environmental  conservation  law;  for the
purposes of section  two  hundred  sixty-one  and  section  two  hundred
sixty-four of the economic development law; any project for the develop-
ment,  updating or revision of local solid waste management plans pursu-
ant to sections 27-0107 and 27-0109 of  the  environmental  conservation
law;  ENVIRONMENTAL  JUSTICE  PROGRAMS, PROJECTS AND GRANTS; and for the
development of the pesticide sales and use  data  base  [in  conjunction
with  Cornell  University]  pursuant  to title twelve of article thirty-
three of the environmental conservation law.
  S 3. Subdivision 6 of section 92-s of the state finance law is amended
by adding a new paragraph (f) to read as follows:
  (F) MONEYS FROM THE CLIMATE CHANGE MITIGATION AND  ADAPTATION  ACCOUNT
SHALL  BE  AVAILABLE,  PURSUANT TO APPROPRIATION AND UPON CERTIFICATE OF
APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET, FOR PROGRAMS AND
PROJECTS TO REDUCE GREENHOUSE GASSES; FOR THE DEVELOPMENT,  UPDATING  OR
REVISION  OF  LOCAL  WATERFRONT  REVITALIZATION  PLANS PURSUANT TO TITLE
ELEVEN OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL  CONSERVATION  LAW  TO
ADAPT  FOR  CLIMATE  CHANGE, OR FOR OTHER PLANNING UNDERTAKEN TO IMPROVE
RESILIENCY FROM IMPACTS OF CLIMATE CHANGE; FOR  SMART  GROWTH  PROGRAMS;
AND  FOR  ADAPTIVE  INFRASTRUCTURE,  INCLUDING  GRANTS  PURSUANT  TO THE
CLIMATE SMART COMMUNITIES PROGRAM;  RESILIENCY  PLANTING  PROJECTS;  THE
CLIMATE  RESILIENT  FARMS  PROGRAM; STATE VULNERABILITY ASSESSMENTS; AND
PROGRAMS AND PROJECTS TO IMPLEMENT AND COMPLY  WITH  THE  PROVISIONS  OF
CHAPTER  THREE  HUNDRED FIFTY-FIVE OF THE LAWS OF TWO THOUSAND FOURTEEN,
KNOWN AS THE "COMMUNITY RISK AND RESILIENCY ACT".
  S 4. Section 54-1101 of the environmental conservation law, as amended
by chapter 309 of the laws of 1996, subdivisions 1 and 5 as  amended  by
chapter 355 of the laws of 2014, is amended to read as follows:
S 54-1101. Local waterfront revitalization programs.
  1.  The  secretary  is  authorized  to provide on a competitive basis,
within amounts appropriated, state assistance payments AND/OR  TECHNICAL

S. 6408                            112                           A. 9008

ASSISTANCE  to municipalities toward the [cost] DEVELOPMENT of any local
waterfront revitalization program, including planning projects to  miti-
gate  future  physical climate risks.   Eligible costs include planning,
studies, preparation of local laws, and construction projects.
  2.  State  assistance  payments  AND/OR TECHNICAL ASSISTANCE shall not
exceed fifty percent of the cost of the program, EXCEPT WHERE THE  MUNI-
CIPALITY  HAS  A  POPULATION,  AS  DETERMINED  IN THE MOST RECENT UNITED
STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND  A  MEDIAN  HOUSEHOLD
INCOME  OF  LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE
STATEWIDE MEDIAN HOUSEHOLD INCOME FOR  THE  MOST  RECENT  UNITED  STATES
CENSUS,  OR  AS  OTHERWISE  DETERMINED  BY REGULATION PROMULGATED BY THE
DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE  FUTURE  PHYS-
ICAL CLIMATE RISKS, IN WHICH CASE STATE ASSISTANCE PAYMENTS AND/OR TECH-
NICAL  ASSISTANCE  SHALL  NOT  EXCEED  NINETY PERCENT OF THE COST OF THE
PROGRAM. For the purpose of determining the amount of  state  assistance
payments,  costs  shall  not  be  more  than the amount set forth in the
application for state assistance payments approved by the secretary. The
state assistance payments shall be paid on  audit  and  warrant  of  the
state  comptroller  on  a certificate of availability of the director of
the budget.
  3. THE SECRETARY IS AUTHORIZED TO PROVIDE ON A  NONCOMPETITIVE  BASIS,
WITHIN  AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL
ASSISTANCE TOWARD THE  DEVELOPMENT  OF  PLANNING  PROJECTS  TO  MITIGATE
FUTURE  PHYSICAL  CLIMATE RISKS TO MUNICIPALITIES THAT HAVE BEEN AWARDED
STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE UNDER  SUBDIVISION
ONE  OF  THIS SECTION. SUCH PAYMENTS MAY BE USED FOR UPDATES DESIGNED TO
MITIGATE FUTURE PHYSICAL CLIMATE RISKS.
  4. The secretary shall have the power to approve vouchers for payments
pursuant to an approved contract.
  [4.] 5. No moneys shall be expended  as  authorized  by  this  section
except pursuant to an appropriation therefor.
  [5.]  6.  The secretary shall impose such contractual requirements and
conditions  upon  any  municipality  which  receives  state   assistance
payments pursuant to this article as may be necessary and appropriate to
ensure  that a public benefit shall accrue from the use of such funds by
the municipality including but not  limited  to,  a  demonstration  that
future  physical climate risk due to sea level rise, and/or storm surges
and/or flooding, based on available data predicting  the  likelihood  of
future  extreme  weather  events, including hazard risk analysis data if
applicable, has been considered.
  S 5. Section 912 of the executive law  is  amended  by  adding  a  new
subdivision 17 to read as follows:
  17.  TO  ENCOURAGE  STATE  AGENCIES  AND LOCAL GOVERNMENTS TO CONSIDER
PHYSICAL CLIMATE RISKS IN PLANNING AND DEVELOPMENT EFFORTS.
  S 6. Subdivision 1 of section 918 of the executive law,  as  added  by
chapter 840 of the laws of 1981, is amended to read as follows:
  1.  The secretary may enter into a contract or contracts for grants OR
PAYMENTS to be made, within the limits of any  appropriations  therefor,
for the following:
  a.  To any local governments, or to two or more local governments, for
projects approved by the secretary which lead to preparation of a water-
front revitalization program; provided, however,  that  such  grants  OR
PAYMENTS  shall  not  exceed  fifty percent of the approved cost of such
projects, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETER-
MINED IN THE MOST RECENT UNITED STATES CENSUS, OF  UNDER  THREE  HUNDRED
THOUSAND  AND  A  MEDIAN  HOUSEHOLD  INCOME OF LESS THAN OR EQUAL TO ONE

S. 6408                            113                           A. 9008

HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR
THE MOST RECENT UNITED STATES CENSUS,  OR  AS  OTHERWISE  DETERMINED  BY
REGULATION  PROMULGATED  BY  THE  DEPARTMENT  OF  STATE, OR FOR PLANNING
PROJECTS  TO  MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH
GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED  COST
OF SUCH PROJECTS;
  b.  TO  SERVICE  PROVIDERS,  ON BEHALF OF AND IN CONSULTATION WITH ANY
LOCAL GOVERNMENTS  OR  TWO  OR  MORE  LOCAL  GOVERNMENTS,  FOR  PROJECTS
APPROVED  BY  THE  SECRETARY  WHICH  LEAD TO PREPARATION OF A WATERFRONT
REVITALIZATION PROGRAM; HOWEVER, THAT SUCH GRANTS OR PAYMENTS SHALL  NOT
EXCEED FIFTY PERCENT OF THE APPROVED COST OF SUCH PROJECTS, EXCEPT WHERE
EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETERMINED IN THE MOST RECENT
UNITED  STATES  CENSUS,  OF  UNDER  THREE  HUNDRED THOUSAND AND A MEDIAN
HOUSEHOLD INCOME OF LESS  THAN  OR  EQUAL  TO  ONE  HUNDRED  TWENTY-FIVE
PERCENT  OF  THE  STATEWIDE  MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT
UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY  REGULATION  PROMUL-
GATED  BY  THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE
FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE  SUCH  GRANTS  OR  PAYMENTS
SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS;
  C.  To  any  local government or local government agency for research,
design, and other activities  which  serve  to  facilitate  construction
projects  provided for in an approved waterfront revitalization program;
provided, however, that such grants or payments  shall  not  exceed  ten
percent of the estimated cost of such construction project.
  S 7. This act shall take effect immediately.

                                 PART V

  Section  1.  Subdivision  3  of section 79-b of the navigation law, as
amended by section 1 of part D of chapter 109 of the laws  of  2010,  is
amended to read as follows:
  3.  The  amount  of state aid to be allocated to eligible governmental
entities pursuant to this article shall be determined by the commission-
er  as  hereinafter  provided.  The  commissioner  shall  determine  the
percentage proportion which the authorized expenditures of each individ-
ual  entity, not exceeding four hundred thousand dollars for each county
including municipalities therein, shall bear  to  the  total  authorized
expenditures  of  all entities. Such percentage proportion shall then be
applied against an amount equal to one-half of the total of  the  amount
received by the state in each preceding program year in vessel registra-
tion  fees  as  provided  in section twenty-two hundred fifty-one of the
vehicle and traffic law, less no more than thirty  percent,  subject  to
appropriation, which may be used by the commissioner and the commission-
er  of motor vehicles for administrative costs of the program, including
training and equipment, and by the department of environmental conserva-
tion, the division of state police and other state agencies, subject  to
the approval of the commissioner, for the purposes of this article, plus
the  entire  amount  received  pursuant  to  subdivision nine of section
forty-four of this chapter. The amount thus determined shall  constitute
the maximum amount of state aid to which each such entity shall be enti-
tled;  provided,  however,  that no entity shall receive state aid in an
amount in excess  of  [fifty]  TWENTY-FIVE  percent  of  its  authorized
expenditures  as approved by the commissioner for such program year. The
commissioner shall certify to the comptroller the amount thus determined
for each eligible local governmental entity as the amount of  state  aid
to be apportioned to such eligible local governmental entity.  The allo-

S. 6408                            114                           A. 9008

cation  of  state  aid  to  any  county, town or village within the Lake
George park shall not be reduced because of the allocation of state  aid
to  the  Lake George park commission. Of the remaining funds received by
the  state  for the registration of vessels as provided in section twen-
ty-two hundred fifty-one of the vehicle and traffic law,  no  less  than
six percent shall be made available to the commissioner for the expenses
of  the  office  in  providing  navigation  law enforcement training and
administering the provisions of this section.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through V of this act shall be
as specifically set forth in the last section of such Parts.

2015-S6408A - Details

See Assembly Version of this Bill:: A9008
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2015-S6408A - Summary

2015-S6408A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6408--A                                            A. 9008--A

                      S E N A T E - A S S E M B L Y

                            January 14, 2016
                               ___________

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 public authorities law, in relation to committing the
  state of New York and the city of New York to partially fund  part  of
  the  costs  of  the  Metropolitan  Transportation  Authority's capital
  program (Part A); to amend the public authorities law, in relation  to
  procurements  by the New York City transit authority and the metropol-
  itan transportation authority; and to  amend  the  insurance  law,  in
  relation  to  extending owner controlled insurance programs in certain
  instances (Part B); to amend the public authorities law and the gener-
  al municipal law, in relation to the New York  transit  authority  and
  the metropolitan transportation authority (Part C); to amend the vehi-
  cle  and  traffic  law  and  the state finance law, in relation to the
  dedication of revenues and the costs of the department of motor  vehi-
  cles;  to amend chapter 751 of the laws of 2005 amending the insurance
  law and the vehicle and traffic law relating to establishing the acci-
  dent prevention course internet technology pilot program, in  relation
  to  the effectiveness thereof; to repeal subdivision 2 of section 89-g
  of the state finance law relating to funds to be placed into the acci-
  dent prevention course internet, and other  technology  pilot  program
  fund; and to repeal certain provisions of the state finance law relat-
  ing  to  the motorcycle safety fund (Part D); to amend the vehicle and
  traffic law, in relation to farm vehicles and  covered  farm  vehicles
  and  to  expand  the scope of the P endorsement (Part E); to amend the
  New York state urban  development  corporation  act,  in  relation  to
  extending  certain  provisions  relating  to the empire state economic
  development fund (Part F); to amend chapter 393 of the laws  of  1994,
  amending  the New York state urban development corporation act, relat-
  ing to the powers of the New York state urban development  corporation

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD12673-02-6

S. 6408--A                          2                         A. 9008--A

  to  make  loans, in relation to the effectiveness thereof (Part G); to
  establish the Transformational Economic Development Infrastructure and
  Revitalization Projects act (Part H); to authorize and direct the  New
  York state energy research and development authority to make a payment
  to  the  general fund of up to $913,000 (Part I); to authorize the New
  York state energy research and  development  authority  to  finance  a
  portion  of  its  research,  development and demonstration, policy and
  planning, and Fuel NY programs, and to finance the department of envi-
  ronmental conservation's climate change program, from an assessment on
  gas and electric corporations (Part J); to authorize the department of
  health to finance certain activities with revenues generated  from  an
  assessment on cable television companies (Part K); to amend the public
  service  law,  in  relation  to  authorizing  the department of public
  service to increase program efficiencies (Part L); to amend chapter 21
  of the laws of 2003, amending the executive law, relating  to  permit-
  ting  the secretary of state to provide special handling for all docu-
  ments filed or issued by the division of corporations  and  to  permit
  additional  levels of such expedited service, in relation to extending
  the expiration date thereof (Part M); to  amend  the  business  corpo-
  ration  law,  the cooperative 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 part-
  nership law, the private housing finance 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 N); to amend the general  business
  law,  the tax law, and the alcoholic beverage control law, in relation
  to authorized combative sports and to the costs of boxer medical exam-
  inations; and to repeal chapter 912 of the laws of 1920,  relating  to
  the  regulation  of boxing, sparring, and wrestling (Part O); 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 relative to the establishment  of  subsidiaries  for
  certain purposes in relation to the effectiveness thereof (Part P); to
  amend  the  public  authorities  law, the canal law, the state finance
  law, the public officers law, the transportation law, and  the  parks,
  recreation  and  historic preservation law, in relation to eliminating
  the canal corporation; and to repeal certain provisions of the  public
  authorities law and the public officers law relating thereto (Part Q);
  to  establish  the  private  activity  bond allocation act of 2016; to
  amend the public authorities law in relation to the powers,  functions
  and duties of the New York state public authorities control board; and
  to  repeal  the private activity bond allocation act of 2014 (Part R);
  to amend the New York state  urban  development  corporation  act,  in
  relation  to transferring the statutory authority for the promulgation
  of marketing orders from the department of agriculture and markets  to
  the  New  York  state urban development corporation; to repeal certain
  provisions of the agriculture and markets law relating to the  market-
  ing  of  agricultural  products;  and providing for the repeal of such
  provisions upon expiration thereof (Part S);  to  amend  the  environ-
  mental  conservation  law,  in  relation  to mandatory tire acceptance
  (Part T); to amend the state finance law, in relation  to  creating  a
  new  climate  change mitigation and adaptation account in the environ-
  mental protection fund; to amend the environmental  conservation  law,
  in  relation to local waterfront revitalization programs; and to amend

S. 6408--A                          3                         A. 9008--A

  the executive law, in relation to payments for local waterfront  revi-
  talization  programs  (Part  U);  and  to amend the navigation law, in
  relation to the authorized reimbursement  rate  paid  to  governmental
  entities (Part V)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through V. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

  Section 1. This act shall be known as the "Metropolitan Transportation
Authority (MTA) Capital Financing Act of 2016".  This  act  commits  the
state  of New York (state) and the city of New York (city) to fund, over
a  multi-year  period,  $10,828,000,000  in  capital  costs  related  to
projects  contained  in  the  MTA's  2015-2019  capital program (capital
program).  The  state  share  of   $8,336,000,000   shall   consist   of
$1,000,000,000  in  appropriations  first enacted in the 2015-2016 state
budget and additional funds sufficient for MTA to pay $7,336,000,000  of
capital costs as provided herein. The city share of $2,492,000,000 shall
consist  of  $657,000,000  to  be provided by the city from 2015 through
2019, and additional funds sufficient for MTA to pay  $1,835,000,000  of
capital  costs for the capital program. The $7,336,000,000 of additional
funds to be provided by the state may be used by the MTA to  pay  direct
capital  costs  and/or the state may fund such $7,336,000,000 of capital
costs through financing mechanisms undertaken by the MTA.
  S 2.   (a) The additional funds provided  by  the  state  pursuant  to
section one of this act shall be scheduled and made available to pay for
the costs of the capital program after MTA capital resources planned for
the capital program, not including additional city and state funds, have
been  exhausted,  or  when MTA capital resources planned for the capital
program are not available. It is anticipated that state funds  shall  be
required  by,  and  provided  to,  the  MTA  in  an  amount  to  support
$1,500,000,000 of capital costs in the first year in which  planned  MTA
capital  resources  are  exhausted;  $2,600,000,000  in the second year;
$1,840,000,000 in the third year and $1,396,000,000 in the  fourth  year
or thereafter.
  (b) Such funds may be provided to the MTA through direct payments from
the  state  and/or  financing mechanisms undertaken by the MTA utilizing
aid paid by the state on a schedule sufficient to  support  the  capital
costs outlined in this act.  The director of the budget (director) shall
annually  determine  the  level  of funding required to meet the state's
commitment and recommend such amounts for  inclusion  in  the  executive
budget.  In  making  such determination, the director shall consider the

S. 6408--A                          4                         A. 9008--A

availability of MTA capital resources planned for the  capital  program,
the  current progress and timing of the MTA capital program, the financ-
ing mechanisms employed by the MTA, if  any,  and  any  other  pertinent
factors.
  (c) State funding amounts, whether direct or in support of a financing
mechanism undertaken by the MTA, shall be subject to appropriation with-
in applicable annual state budgets; provided, however, that in the event
the  state  does not appropriate the full amount of the funding required
pursuant to this act in any year,  such  action  shall  not  reduce  the
commitment  of  the  state  to  fund  the  full state share specified in
section one of this act, with the state fulfilling its aggregate commit-
ment in this act no later than state fiscal year  2025-2026  or  by  the
completion  of  the  capital  program.  In  the  event  that the MTA has
exhausted all currently available sources of funding, the MTA may,  with
the  approval  of  the director, issue anticipation notes or other obli-
gations secured solely by the additional funds specified in  subdivision
(a) of this section and shall provide for capitalized interest thereon.
  S 3. In order to annually determine the adequacy and pace of the level
of  state  funding in support of the MTA's capital program, and to gauge
the availability of  MTA  capital  resources  planned  for  the  capital
program,  the  director may request, and the MTA shall provide, periodic
reports on the MTA's capital programs and financial activities in a form
and on a schedule prescribed by the director.
  S 4. Subdivision 12 of section 1269 of the public authorities law,  as
amended  by  section  1  of part E of chapter 58 of the laws of 2012, is
amended to read as follows:
  12. The aggregate principal amount of  bonds,  notes  or  other  obli-
gations  issued after the first day of January, nineteen hundred ninety-
three by the authority, the Triborough bridge and tunnel  authority  and
the  New York city transit authority to fund projects contained in capi-
tal program plans approved pursuant to  section  twelve  hundred  sixty-
nine-b  of this title for the period nineteen hundred ninety-two through
two thousand [fourteen] NINETEEN shall not exceed [thirty-seven]  FIFTY-
FIVE  billion  [two  hundred  eleven]  FOUR HUNDRED NINETY-SEVEN million
dollars [prior to January one, two thousand thirteen; shall  not  exceed
thirty-nine  billion  five  hundred  forty-four million prior to January
one, two thousand fourteen; and shall not exceed forty-one billion eight
hundred seventy-seven million dollars thereafter].  Such aggregate prin-
cipal amount of bonds, notes or other  obligations  or  the  expenditure
thereof  shall  not  be subject to any limitation contained in any other
provision of law on the principal amount of bonds, notes or other  obli-
gations  or  the  expenditure  thereof  applicable to the authority, the
Triborough bridge and tunnel authority or  the  New  York  city  transit
authority.  The  aggregate  limitation  established  by this subdivision
shall not include (i) obligations issued to refund, redeem or  otherwise
repay,  including  by purchase or tender, obligations theretofore issued
either by the issuer of such refunding obligations or by the  authority,
the  New York city transit authority or the Triborough bridge and tunnel
authority, (ii) obligations issued to fund any  debt  service  or  other
reserve funds for such obligations, (iii) obligations issued or incurred
to  fund  the  costs  of issuance, the payment of amounts required under
bond and note facilities, federal or other governmental loans,  security
or  credit  arrangements  or  other  agreements  related thereto and the
payment of other financing, ORIGINAL ISSUE PREMIUMS  and  related  costs
associated  with  such obligations, (iv) an amount equal to any original
issue discount from the principal amount of such obligations or to  fund

S. 6408--A                          5                         A. 9008--A

capitalized  interest,  (v)  obligations  incurred  pursuant  to section
twelve hundred seven-m of this article,  (vi)  obligations  incurred  to
fund  the  acquisition  of  certain  buses for the New York city transit
authority  as  identified in a capital program plan approved pursuant to
chapter fifty-three of the laws of nineteen  hundred  ninety-two,  (vii)
obligations  incurred  in connection with the leasing, selling or trans-
ferring of equipment, and (viii) bond anticipation notes or other  obli-
gations  payable solely from the proceeds of other bonds, notes or other
obligations which would be included in the  aggregate  principal  amount
specified  in  the  first  sentence  of this subdivision, whether or not
additionally secured by revenues of the authority, or any of its subsid-
iary corporations, New York  city  transit  authority,  or  any  of  its
subsidiary corporations, or Triborough bridge and tunnel authority.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART B

  Section 1. Subdivision 7 of section 1209  of  the  public  authorities
law,  as  amended by chapter 334 of the laws of 2001, is amended to read
as follows:
  7. (a) Except as otherwise provided  in  this  section,  all  purchase
contracts  for  supplies,  materials or equipment involving an estimated
expenditure in excess of [fifteen] ONE HUNDRED thousand dollars and  all
contracts  for  public work involving an estimated expenditure in excess
of [twenty-five] ONE HUNDRED thousand dollars shall be  awarded  by  the
authority  to  the lowest responsible bidder after obtaining sealed bids
in the manner hereinafter set forth. The aforesaid shall  not  apply  to
contracts for personal, architectural, engineering or other professional
services.  The  authority may reject all bids and obtain new bids in the
manner provided by this section when it is deemed in the public interest
to do so or, in cases where two or more responsible bidders submit iden-
tical bids which are the lowest bids, award the contract to any of  such
bidders or obtain new bids from such bidders. Nothing herein shall obli-
gate the authority to seek new bids after the rejection of bids or after
cancellation  of  an  invitation  to  bid. Nothing in this section shall
prohibit the evaluation of bids on the basis of costs or savings includ-
ing life cycle costs  of  the  item  to  be  purchased,  discounts,  and
inspection  services  so  long  as the invitation to bid reasonably sets
forth the criteria to be used in evaluating such costs or savings.  Life
cycle  costs  may  include  but shall not be limited to costs or savings
associated with installation, energy  use,  maintenance,  operation  and
salvage or disposal.
  (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of  any  kind,
in  the  actual or estimated amount of fifteen thousand dollars or more,
provided that (I) a contract for [personal] services in  the  actual  or
estimated  amount  of  less  than  [twenty] ONE HUNDRED thousand dollars
shall not require approval by the board of the authority  regardless  of
the  length  of  the  period  over  which the services are rendered, and
provided further that a contract for [personal] services in  the  actual
or  estimated  amount  of  [twenty] ONE HUNDRED thousand dollars or more
shall require approval by the board of the authority regardless  of  the
length  of the period over which the services are rendered UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST  RESPONSIBLE  BIDDER  AFTER  OBTAINING
SEALED  BIDS AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT

S. 6408--A                          6                         A. 9008--A

GUIDELINES THAT AUTHORIZE THE  AWARD  OF  CONTRACTS  TO  SMALL  BUSINESS
CONCERNS,  TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED PURSU-
ANT TO  ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW,  OR  MINORITY  OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS  WITHOUT  A FORMAL COMPETITIVE PROCESS AND WITHOUT FURTHER BOARD
APPROVAL.
  S 2. Paragraph (a) of subdivision 8 of  section  1209  of  the  public
authorities  law,  as  amended  by  chapter  725 of the laws of 1993, is
amended to read as follows:
  (a) Advertisement for bids, when required by this  section,  shall  be
published  [at  least  once in a newspaper of general circulation in the
area served by the authority and] in the procurement opportunities news-
letter published pursuant to article four-C of the economic  development
law  provided  that, notwithstanding the provisions of article four-C of
the economic development law, an advertisement shall  only  be  required
when  required  by  this section. Publication [in a newspaper of general
circulation in the area served  or]  in  the  procurement  opportunities
newsletter  shall  not  be  required if bids for contracts for supplies,
materials or equipment are of a type regularly purchased by the authori-
ty and are to be solicited from a list of potential suppliers,  if  such
list is or has been developed consistent with the provisions of subdivi-
sion  eleven  of  this  section.  Any such advertisement shall contain a
statement of: (i) the time and place where bids received pursuant to any
notice requesting sealed bids will be publicly opened and read; (ii) the
name of  the  contracting  agency;  (iii)  the  contract  identification
number;  (iv)  a brief description of the public work, supplies, materi-
als, or equipment sought, the location where work is  to  be  performed,
goods  are  to  be delivered or services provided and the contract term;
(v) the address where bids or proposals are to be  submitted;  (vi)  the
date  when  bids or proposals are due; (vii) a description of any eligi-
bility or qualification requirement or preference; (viii) a statement as
to whether the contract requirements may be fulfilled by a  subcontract-
ing,  joint venture, or co-production arrangement; (ix) any other infor-
mation deemed  useful  to  potential  contractors;  and  (x)  the  name,
address,  and  telephone  number of the person to be contacted for addi-
tional information. At least fifteen business days shall elapse  between
the first publication of such advertisement or the solicitation of bids,
as the case may be, and the date of opening and reading of bids.
  S 3. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
g  of  subdivision  9  of  section  1209  of the public authorities law,
subparagraph (i) of paragraph f as added by chapter 929 of the  laws  of
1986,  and  subparagraph (i) of paragraph g as amended by chapter 725 of
the laws of 1993, are amended to read as follows:
  (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST,  THE  authority
may  award a contract pursuant to this paragraph only after a resolution
approved by a two-thirds vote of its members then in office at a  public
meeting  of  the authority with such resolution (A) disclosing the other
proposers and the substance of  their  proposals,  (B)  summarizing  the
negotiation  process  including  the opportunities, if any, available to
proposers to present and modify their proposals, and (C)  setting  forth
the criteria upon which the selection was made.
  (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH  TO  THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority

S. 6408--A                          7                         A. 9008--A

may award a contract pursuant to this paragraph only after a  resolution
approved  by  a  vote of not less than two-thirds of its members then in
office at a public meeting of the authority  with  such  resolution  (A)
disclosing the other proposers and the substance of their proposals, (B)
summarizing the negotiation process including the opportunities, if any,
available  to  proposers  to present and modify their proposals, and (C)
setting forth the criteria upon which the selection was made.
  S 4. Subdivision 13 of section 1209 of the public authorities law,  is
renumbered  subdivision  15 and two new subdivisions 13 and 14 are added
to read as follows:
  13. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORI-
TY SHALL BE ALLOWED TO USE AN ELECTRONIC BIDDING SYSTEM THAT MAY  INFORM
BIDDERS  WHETHER  THEIR BID IS THE CURRENT LOW BID, AND ALLOW BIDDERS TO
SUBMIT NEW BIDS BEFORE THE DATE AND TIME ASSIGNED  FOR  THE  OPENING  OF
BIDS.  SUCH  PROCEDURE  SHALL  NOT  CONSTITUTE  DISCLOSURE  OF  BIDS  IN
VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.
  14. WHENEVER THE COMPTROLLER, PURSUANT TO SUBDIVISION ONE  OF  SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER:
  (A)  INTENDS  TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT OR CONTRACT
AMENDMENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS  SECTION,  THE
COMPTROLLER  SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH DETERMINATION
WITHIN FORTY-FIVE  DAYS  OF  HAVING  RECEIVED  WRITTEN  NOTICE  OF  SUCH
CONTRACT  OR  CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT
OR ANY REVISED REPORT;
  (B) HAS NOTIFIED  THE  AUTHORITY  IN  WRITING  THAT  ANY  CONTRACT  OR
CONTRACT  AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO
HIS OR HER APPROVAL, SUCH CONTRACT OR CONTRACT  AMENDMENT  SHALL  BECOME
VALID  AND  ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER HAS NOT
APPROVED OR DISAPPROVED  SUCH  CONTRACT  OR  CONTRACT  AMENDMENT  WITHIN
FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE.
  S  5.  Subdivision 7 of section 1265 of the public authorities law, as
added by chapter 324 of the laws of 1965, is amended to read as follows:
  7. To acquire, hold and dispose of real or personal  property  in  the
exercise   of   its  powers[;],  INCLUDING,  NOTWITHSTANDING  ANY  OTHER
PROVISION OF LAW, THE POWER TO DISPOSE OF PERSONAL  PROPERTY  BY  PUBLIC
AUCTION  IN  ACCORDANCE  WITH  GUIDELINES ADOPTED BY THE AUTHORITY. SUCH
GUIDELINES SHALL PROVIDE FOR ADVERTISING AND SUCH  OTHER  SAFEGUARDS  AS
THE AUTHORITY MAY DEEM APPROPRIATE IN THE PUBLIC INTEREST.
  S  6.  Subdivision 3 of section 1204 of the public authorities law, as
amended by chapter 980 of the laws  of  1958,  is  amended  to  read  as
follows:
  3.  To  acquire,  hold,  use  and  dispose  of  equipment, devices and
appurtenances, and other property for its corporate purposes, INCLUDING,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  THE  POWER  TO  DISPOSE  OF
PERSONAL  PROPERTY  BY  PUBLIC  AUCTION  IN  ACCORDANCE  WITH GUIDELINES
ADOPTED BY THE METROPOLITAN TRANSPORTATION AUTHORITY PURSUANT TO SECTION
TWELVE HUNDRED SIXTY-FIVE OF THIS ARTICLE.
  S 7. Subdivision 3 of section 553 of the public  authorities  law,  is
amended to read as follows:
  3. To acquire, hold and dispose of personal property for its corporate
purposes[;],  INCLUDING, NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE
POWER TO DISPOSE OF PERSONAL PROPERTY BY PUBLIC  AUCTION  IN  ACCORDANCE
WITH  GUIDELINES ADOPTED BY THE AUTHORITY. SUCH GUIDELINES SHALL PROVIDE
FOR ADVERTISING AND SUCH OTHER SAFEGUARDS  AS  THE  AUTHORITY  MAY  DEEM
APPROPRIATE IN THE PUBLIC INTEREST.

S. 6408--A                          8                         A. 9008--A

  S  8. Paragraphs (a) and (b) of subdivision 2 of section 1265-a of the
public authorities law, as amended by chapter 334 of the laws  of  2001,
are amended to read as follows:
  (a)  Except  as  otherwise  provided  in  this  section,  all purchase
contracts for supplies, materials or equipment  involving  an  estimated
expenditure  in excess of [fifteen] ONE HUNDRED thousand dollars and all
contracts for public work involving an estimated expenditure  in  excess
of  [twenty-five]  ONE  HUNDRED thousand dollars shall be awarded by the
authority to the lowest responsible bidder after obtaining  sealed  bids
in  the manner hereinafter set forth. For purposes hereof, contracts for
public work shall exclude contracts for personal, engineering and archi-
tectural, or professional services. The authority may  reject  all  bids
and  obtain  new  bids in the manner provided by this section when it is
deemed in the public interest to do so or, in cases where  two  or  more
responsible  bidders  submit  identical  bids which are the lowest bids,
award the contract to any of such bidders or obtain new bids  from  such
bidders.  Nothing  herein  shall obligate the authority to seek new bids
after the rejection of bids or after cancellation of  an  invitation  to
bid.  Nothing  in  this section shall prohibit the evaluation of bids on
the basis of costs or savings including life cycle costs of the item  to
be  purchased, discounts, and inspection services so long as the invita-
tion to bid reasonably sets forth the criteria to be used in  evaluating
such  costs  or  savings.  Life cycle costs may include but shall not be
limited to costs or savings associated with  installation,  energy  use,
maintenance, operation and salvage or disposal.
  (b)  Section  twenty-eight  hundred seventy-nine of this chapter shall
apply to the authority's acquisition of goods or services of  any  kind,
in  the  actual or estimated amount of fifteen thousand dollars or more,
provided (I) that a contract for [personal] services in  the  actual  or
estimated  amount  of  less  than  [twenty] ONE HUNDRED thousand dollars
shall not require approval by the board of the authority  regardless  of
the  length  of  the  period  over  which the services are rendered, and
provided further that a contract for [personal] services in  the  actual
or  estimated  amount  of  [twenty] ONE HUNDRED thousand dollars or more
shall require approval by the board of the authority regardless  of  the
length  of the period over which the services are rendered UNLESS SUCH A
CONTRACT IS AWARDED TO THE LOWEST  RESPONSIBLE  BIDDER  AFTER  OBTAINING
SEALED BIDS, AND (II) THE BOARD OF THE AUTHORITY MAY BY RESOLUTION ADOPT
GUIDELINES  THAT  AUTHORIZE  THE  AWARD  OF  CONTRACTS TO SMALL BUSINESS
CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES CERTIFIED  PURSU-
ANT  TO  ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW,  OR  MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY THAT ARE RECY-
CLED OR REMANUFACTURED, IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND
DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITHOUT  FURTHER  BOARD
APPROVAL.
  S 9. Subparagraph (i) of paragraph f and subparagraph (i) of paragraph
g  of  subdivision  4  of  section 1265-a of the public authorities law,
subparagraph (i) of paragraph f as added by chapter 929 of the  laws  of
1986,  and  subparagraph (i) of paragraph g as amended by chapter 256 of
the laws of 1998, are amended to read as follows:
  (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH TO THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST,  THE  authority
may  award a contract pursuant to this paragraph only after a resolution
approved by a two-thirds vote of its members then in office at a  public
meeting  of  the authority with such resolution (A) disclosing the other

S. 6408--A                          9                         A. 9008--A

proposers and the substance of  their  proposals,  (B)  summarizing  the
negotiation  process  including  the opportunities, if any, available to
proposers to present and modify their proposals, and (C)  setting  forth
the criteria upon which the selection was made.
  (i) [The] EXCEPT FOR A CONTRACT THAT IS AWARDED PURSUANT TO THIS PARA-
GRAPH  TO  THE PROPOSER WHOSE PROPOSAL IS THE LOWEST COST, THE authority
may award a contract pursuant to this paragraph only after a  resolution
approved  by  a  vote  of not less than a two-thirds vote of its members
then in office at a public meeting of the authority with such resolution
(A) disclosing the other proposers and the substance of their proposals,
(B) summarizing the negotiation process including the opportunities,  if
any,  available  to proposers to present and modify their proposals, and
(C) setting forth the criteria upon which the selection was made.
  S 10. Paragraph (a) of subdivision 3 of section 1265-a of  the  public
authorities  law,  as  amended  by  chapter  494 of the laws of 1990, is
amended to read as follows:
  (a) Advertisement for bids, when required by this  section,  shall  be
published  [at  least  once in a newspaper of general circulation in the
area served by the authority and] in the procurement opportunities news-
letter published pursuant to article four-C of the economic  development
law  provided  that, notwithstanding the provisions of article four-C of
the economic development law, an advertisement shall  only  be  required
for  a  purchase  contract  for  supplies,  materials  or equipment when
required by this section. Publication [in a newspaper of general  circu-
lation  in the area served or] in the procurement opportunities newslet-
ter shall not be required if bids for contracts for supplies,  materials
or  equipment are of a type regularly purchased by the authority and are
to be solicited from a list of potential suppliers, if such list  is  or
has  been developed consistent with the provisions of subdivision six of
this section. Any such advertisement shall contain a statement  of:  (i)
the time and place where bids received pursuant to any notice requesting
sealed  bids  will  be  publicly  opened  and read; (ii) the name of the
contracting agency; (iii) the contract  identification  number;  (iv)  a
brief  description of the public work, supplies, materials, or equipment
sought, the location where work is to be  performed,  goods  are  to  be
delivered  or  services  provided and the contract term; (v) the address
where bids or proposals are to be submitted; (vi) the date when bids  or
proposals  are due; (vii) a description of any eligibility or qualifica-
tion requirement or preference; (viii) a statement  as  to  whether  the
contract  requirements  may  be  fulfilled  by  a  subcontracting, joint
venture, or co-production arrangement; (ix) any other information deemed
useful to potential contractors; and (x) the name,  address,  and  tele-
phone  number  of the person to be contacted for additional information.
At least fifteen business days shall elapse between the  first  publica-
tion  of such advertisement or the solicitation of bids, as the case may
be, and the date of opening and reading of bids.
  S 11. Subdivision 8 of section 1265-a of the public authorities law is
renumbered subdivision 10 and two new subdivisions 8 and 9 are added  to
read as follows:
  8. NOTWITHSTANDING ANY OTHER PROVISIONS IN THIS SECTION, THE AUTHORITY
SHALL  BE  ALLOWED  TO  USE AN ELECTRONIC BIDDING SYSTEM THAT MAY INFORM
BIDDERS WHETHER THEIR BID IS THE CURRENT LOW BID, AND ALLOW  BIDDERS  TO
SUBMIT  NEW  BIDS  BEFORE  THE DATE AND TIME ASSIGNED FOR THE OPENING OF
BIDS.  SUCH  PROCEDURE  SHALL  NOT  CONSTITUTE  DISCLOSURE  OF  BIDS  IN
VIOLATION OF SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT OF THIS CHAPTER.

S. 6408--A                         10                         A. 9008--A

  9.  WHENEVER  THE  COMPTROLLER, PURSUANT TO SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED SEVENTY-NINE-A OF THIS CHAPTER:
  (A)  INTENDS  TO SUBJECT TO HIS OR HER APPROVAL A CONTRACT OR CONTRACT
AMENDMENT TO BE AWARDED BY THE AUTHORITY PURSUANT TO THIS  SECTION,  THE
COMPTROLLER  SHALL NOTIFY THE AUTHORITY IN WRITING OF SUCH DETERMINATION
WITHIN FORTY-FIVE  DAYS  OF  HAVING  RECEIVED  WRITTEN  NOTICE  OF  SUCH
CONTRACT  OR  CONTRACT AMENDMENT EITHER IN THE AUTHORITY'S ANNUAL REPORT
OR ANY REVISED REPORT;
  (B) HAS NOTIFIED  THE  AUTHORITY  IN  WRITING  THAT  ANY  CONTRACT  OR
CONTRACT  AMENDMENT AWARDED PURSUANT TO THIS SECTION SHALL BE SUBJECT TO
HIS OR HER APPROVAL, SUCH CONTRACT OR CONTRACT  AMENDMENT  SHALL  BECOME
VALID  AND  ENFORCEABLE WITHOUT SUCH APPROVAL IF THE COMPTROLLER HAS NOT
APPROVED OR DISAPPROVED  SUCH  CONTRACT  OR  CONTRACT  AMENDMENT  WITHIN
FORTY-FIVE DAYS OF SUBMISSION TO HIS OR HER OFFICE.
  S 12. Section 553 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
  22.  SECTION  TWENTY-EIGHT  HUNDRED SEVENTY-NINE OF THIS CHAPTER SHALL
APPLY TO THE AUTHORITY'S ACQUISITION OF GOODS OR SERVICES OF  ANY  KIND,
IN  THE  ACTUAL OR ESTIMATED AMOUNT OF FIFTEEN THOUSAND DOLLARS OR MORE,
PROVIDED THAT (I) A CONTRACT FOR SERVICES IN  THE  ACTUAL  OR  ESTIMATED
AMOUNT  OF  LESS  THAN  ONE  HUNDRED  THOUSAND DOLLARS SHALL NOT REQUIRE
APPROVAL BY THE BOARD OF THE AUTHORITY REGARDLESS OF THE LENGTH  OF  THE
PERIOD OVER WHICH THE SERVICES ARE RENDERED, AND PROVIDED FURTHER THAT A
CONTRACT  FOR  SERVICES IN THE ACTUAL OR ESTIMATED AMOUNT OF ONE HUNDRED
THOUSAND DOLLARS OR MORE SHALL REQUIRE APPROVAL  BY  THE  BOARD  OF  THE
AUTHORITY REGARDLESS OF THE LENGTH OF THE PERIOD OVER WHICH THE SERVICES
ARE RENDERED UNLESS SUCH A CONTRACT IS AWARDED TO THE LOWEST RESPONSIBLE
BIDDER  AFTER  OBTAINING SEALED BIDS AND (II) THE BOARD OF THE AUTHORITY
MAY BY RESOLUTION ADOPT GUIDELINES THAT AUTHORIZE THE AWARD OF CONTRACTS
TO SMALL BUSINESS CONCERNS, TO SERVICE DISABLED VETERAN OWNED BUSINESSES
CERTIFIED PURSUANT TO ARTICLE  SEVENTEEN-B  OF  THE  EXECUTIVE  LAW,  OR
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES CERTIFIED PURSUANT TO ARTI-
CLE  FIFTEEN-A OF THE EXECUTIVE LAW, OR PURCHASES OF GOODS OR TECHNOLOGY
THAT ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT  NOT  TO  EXCEED  FOUR
HUNDRED  THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS AND WITH-
OUT FURTHER BOARD APPROVAL.
  S 13. Paragraph (f) of subdivision 3 of section 2879-a of  the  public
authorities law, as added by chapter 506 of the laws of 2009, is amended
to read as follows:
  (f)  contracts  for  the sale or delivery of power or energy and costs
and services ancillary thereto for economic development purposes  pursu-
ant  to  title one of article five of this chapter or article six of the
economic development law, provided, however, that  the  authority  shall
file  copies of any such contract with the comptroller within sixty days
after the execution of such contract; AND (G) CONTRACTS ENTERED INTO  BY
THE  METROPOLITAN  TRANSPORTATION AUTHORITY OR THE NEW YORK CITY TRANSIT
AUTHORITY THAT ARE: I. AWARDED PURSUANT  TO  SECTION  ONE  THOUSAND  TWO
HUNDRED  NINE  OR  SECTION ONE THOUSAND TWO HUNDRED SIXTY-FIVE-A OF THIS
CHAPTER BY A METHOD OF PROCUREMENT THAT IS COMPETITIVE;  OR  II.  FOR  A
TRANSFER  OF  TITLE OR ANY OTHER BENEFICIAL INTEREST IN REAL PROPERTY OF
SUCH AN AUTHORITY BY SALE, EXCHANGE OR TRANSFER, FOR  CASH,  CREDIT,  OR
OTHER PROPERTY, WITH OR WITHOUT WARRANTY.
  S  14.  Subparagraph  (B)  of paragraph 2 of subsection (a) of section
2504 of the insurance law is amended to read as follows:
  (B) the city of New York, a public corporation or public authority, in
connection with the construction of  electrical  generating  and  trans-

S. 6408--A                         11                         A. 9008--A

mission  facilities  or  construction, extensions and additions of light
rail or heavy rail rapid transit  and  commuter  railroads,  OR  BRIDGE,
TUNNEL OR OMNIBUS FACILITIES.
  S 15. This act shall take effect immediately.

                                 PART C

  Section  1.  Subdivisions  2  and  3  of  section 1204-d of the public
authorities law, as added by chapter  530  of  the  laws  of  2006,  are
amended and a new subdivision 1-a is added to read as follows:
  1-A.  THE  AUTHORITY MAY ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY
MAY DETERMINE NECESSARY, CONVENIENT OR DESIRABLE ENTER  INTO  ANY  JOINT
ARRANGEMENT  AS  DEFINED IN SUBDIVISION NINE-A OF SECTION TWELVE HUNDRED
SIXTY-ONE OF THIS  CHAPTER  AND  MAY  EXERCISE  ALL  OF  ITS  POWERS  IN
CONNECTION WITH ANY JOINT ARRANGEMENT.
  2.  Any  such  joint service arrangement OR JOINT ARRANGEMENT shall be
authorized only by resolution of the authority approved by not less than
a majority vote of the whole number of  members  of  the  board  of  the
authority  then  in  office,  except that in the event of a tie vote the
chairman shall cast one additional vote.
  3. All general powers of the authority shall be  applicable  to  joint
service  arrangements  AND  JOINT ARRANGEMENTS. THE AUTHORITY SHALL ALSO
HAVE ALL OF THE POWERS OF THE METROPOLITAN TRANSPORTATION  AUTHORITY  AS
SET FORTH IN SECTION TWELVE HUNDRED SIXTY-SIX-I OF THIS CHAPTER.
  S  2.  Section 1261 of the public authorities law is amended by adding
two new subdivisions 9-a and 18-a to read as follows:
  9-A. "JOINT ARRANGEMENT" SHALL MEAN AN ARRANGEMENT, INCLUDING A  PUBL-
IC-PRIVATE  PARTNERSHIP,  BETWEEN  OR  AMONG  THE AUTHORITY, ITS SUBSID-
IARIES, NEW YORK CITY TRANSIT AUTHORITY  AND  ITS  SUBSIDIARY,  AND  ANY
OTHER  PARTY OR PARTIES, INCLUDING PUBLIC ENTITIES AND PRIVATE ENTITIES,
ON SUCH TERMS AND CONDITIONS AS THE AUTHORITY, ANY OF ITS  SUBSIDIARIES,
NEW  YORK  CITY  TRANSIT AUTHORITY OR ITS SUBSIDIARY, DEEMS NECESSARY OR
APPROPRIATE, IN THE FORM OF  A  CONTRACT,  CONCESSION,  LICENSE,  LEASE,
ALLIANCE,  JOINT  VENTURE,  CORPORATION,  INCLUDING  A LIMITED LIABILITY
CORPORATION, A PARTNERSHIP, OR OTHER ARRANGEMENT, IN SUPPORT OF, ASSOCI-
ATED WITH, DERIVATIVE FROM, OR INCIDENTAL TO, THE PLANNING, ACQUISITION,
DESIGN,  ESTABLISHMENT,  CONSTRUCTION,  REHABILITATION,  RECONSTRUCTION,
IMPROVEMENT,  EXTENSION, RENEWAL, REPAIR, OPERATION, MAINTENANCE, DEVEL-
OPMENT OR FINANCING OF TRANSPORTATION IN WHOLE OR IN PART IN OR UPON ONE
OR MORE TRANSPORTATION FACILITIES LOCATED IN WHOLE OR IN PART WITHIN THE
DISTRICT INCLUDING WITHOUT LIMITATION, AGREEMENTS RELATING TO INTERMODAL
AND SHARED FACILITIES, THE DISTRIBUTION OF FARE AND TOLL  PAYMENT  MEDIA
AND  ELECTRONIC  PAYMENT  DEVICES, OR THE COLLECTION OF FARES, TOLLS AND
OTHER CHARGES.
  18-A. "TRANSPORTATION PURPOSE" SHALL MEAN A PURPOSE THAT  DIRECTLY  OR
INDIRECTLY  SUPPORTS  ALL  OR  ANY  OF  THE  MISSIONS OR PURPOSES OF THE
AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT  AUTHORITY  OR
ITS  SUBSIDIARY,  INCLUDING THE PRODUCTION OF REVENUES AVAILABLE FOR THE
COSTS AND EXPENSES OF ALL OR ANY TRANSPORTATION FACILITIES.
  S 3.  Subdivisions 3, 6, 8, and 11  of  section  1266  of  the  public
authorities law, subdivision 3 as amended and subdivision 11 as added by
chapter  314 of the laws of 1981, and subdivisions 6 and 8 as amended by
section 23 of part O of chapter 61 of the laws of 2000, are amended  and
three new subdivisions 2-a, 12-a and 19 are added to read as follows:
  2-A.  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, THE
AUTHORITY, ANY OF ITS SUBSIDIARIES, NEW YORK CITY TRANSIT  AUTHORITY  OR

S. 6408--A                         12                         A. 9008--A

ITS  SUBSIDIARY,  MAY ON SUCH TERMS AND CONDITIONS AS THEY MAY DETERMINE
NECESSARY, CONVENIENT OR DESIRABLE ENTER INTO ANY JOINT  ARRANGEMENT  AS
HEREINAFTER  PROVIDED  AND  MAY EXERCISE ALL OF ITS POWERS IN CONNECTION
WITH  ANY  JOINT  ARRANGEMENT. ANY JOINT ARRANGEMENT SHALL BE AUTHORIZED
ONLY BY RESOLUTION OF THE AUTHORITY APPROVED BY NOT LESS THAN A MAJORITY
VOTE OF THE WHOLE NUMBER OF MEMBERS OF THE  AUTHORITY  THEN  IN  OFFICE,
EXCEPT THAT IN THE EVENT OF A TIE VOTE THE CHAIRMAN SHALL CAST ONE ADDI-
TIONAL VOTE.
  3. The authority may establish, levy and collect or cause to be estab-
lished,  levied  and  collected  and,  in  the  case  of a joint service
arrangement OR A JOINT ARRANGEMENT, join with others in  the  establish-
ment,  levy and collection of such fares, tolls, rentals, rates, charges
and other fees as it may deem necessary, convenient or desirable for the
use and operation of any transportation facility and related services OR
ACTIVITIES (A) operated by the authority or by a subsidiary  corporation
of  the authority or under contract, lease or other arrangement, includ-
ing joint service arrangements OR JOINT ARRANGEMENTS, with the authority
OR A SUBSIDIARY CORPORATION OF THE AUTHORITY; OR  (B)  OPERATED  BY  NEW
YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY IN CONNECTION WITH A JOINT
ARRANGEMENT  INVOLVING  ANY  TRANSPORTATION  FACILITIES OF NEW YORK CITY
TRANSIT AUTHORITY OR ITS SUBSIDIARY.  THE AUTHORITY MAY ALSO ENTER  INTO
A  JOINT  ARRANGEMENT WITH AN ENTITY HAVING THE POWER TO ESTABLISH, LEVY
AND COLLECT TAXES AND ASSESSMENTS, WHICH JOINT ARRANGEMENT MAY USE  SUCH
ENTITY'S  POWER TO ESTABLISH, LEVY AND COLLECT TAXES AND ASSESSMENTS FOR
THE BENEFIT OF SUCH JOINT ARRANGEMENT, AS  SUCH  JOINT  ARRANGEMENT  MAY
DEEM NECESSARY, CONVENIENT OR DESIRABLE FOR THE USE AND OPERATION OF ANY
TRANSPORTATION  FACILITY  AND RELATED SERVICES OR ACTIVITIES OPERATED BY
THE AUTHORITY, A SUBSIDIARY CORPORATION OF THE AUTHORITY, NEW YORK  CITY
TRANSIT  AUTHORITY  OR  ITS SUBSIDIARY OR UNDER CONTRACT, LEASE OR OTHER
ARRANGEMENT. Any such fares, tolls, rentals, rates, TAXES,  ASSESSMENTS,
charges  or  other  fees  for  the transportation of passengers shall be
established and changed only if approved by resolution of the  authority
adopted  by not less than a majority vote of the whole number of members
of the authority then in office, with the chairman having one additional
vote in the event of a tie  vote,  and  only  after  a  public  hearing,
provided however, that fares, tolls, rentals, rates, TAXES, ASSESSMENTS,
charges or other fees for the transportation of passengers on any trans-
portation  facility  which are in effect at the time that the then owner
of such transportation facility becomes a subsidiary corporation of  the
authority  or at the time that operation of such transportation facility
is commenced by the authority or is commenced under contract,  lease  or
other   arrangement,  including  joint  service  arrangements  OR  JOINT
ARRANGEMENTS, with the authority OR WHICH HAVE BEEN ESTABLISHED  BY  THE
NEW  YORK  CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY CORPORATIONS AND ARE
IN EFFECT ON THE DATE THE CHAPTER OF THE LAWS OF  TWO  THOUSAND  SIXTEEN
THAT  AMENDED  THIS  SUBDIVISION TAKES EFFECT may be continued in effect
without such a  hearing.  Such  fares,  tolls,  rentals,  rates,  TAXES,
ASSESSMENTS,  charges  and other fees shall be established as may in the
judgment of the authority be necessary to maintain  the  combined  oper-
ations  of  the authority and its subsidiary corporations on a self-sus-
taining basis. The said operations shall be deemed to be on a  self-sus-
taining  basis  as required by this title, when the authority is able to
pay or cause to be paid from revenue and any  other  funds  or  property
actually  available to the authority and its subsidiary corporations (a)
as the same shall become due, the principal of and interest on the bonds
and notes and other obligations of the authority and of such  subsidiary

S. 6408--A                         13                         A. 9008--A

corporations,  together  with  the  maintenance of [proper] reserves, IF
ANY, therefor, (b) the cost and expense of keeping  the  properties  and
assets  of  the authority and its subsidiary corporations in good condi-
tion  and  repair,  and  (c)  the  capital and operating expenses of the
authority and its subsidiary corporations. The  authority  may  contract
with  the  holders  of  bonds  [and]  , notes AND OTHER OBLIGATIONS with
respect to the exercise of the powers authorized  by  this  section.  No
acts or activities taken or proposed to be taken by the authority or any
subsidiary  of the authority pursuant to the provisions of this subdivi-
sion shall be deemed to be "actions" for  the  purposes  or  within  the
meaning of article eight of the environmental conservation law.
  6.  Each  of the authority and its subsidiaries, and the New York city
transit authority and its subsidiaries, in its own name or in  the  name
of  the  state, may apply for and receive and accept grants of property,
money and services and other assistance offered or made available to  it
by  any  person,  government  or  agency, INCLUDING SUCH GRANTS OR OTHER
ASSISTANCE OFFERED OR  MADE  AVAILABLE  TO  IT  UNDER  A  JOINT  SERVICE
ARRANGEMENT  OR A JOINT ARRANGEMENT, which it may use to meet capital or
operating expenses and for any other use within the scope of its powers,
and to negotiate for the same upon such  terms  and  conditions  as  the
respective authority may determine to be necessary, convenient or desir-
able.
  8.  The  authority may do all things it deems necessary, convenient or
desirable to manage, control and direct the maintenance and operation of
transportation facilities, equipment or real  property  operated  by  or
under  contract,  lease  or other arrangement with the authority and its
subsidiaries, and New York city transit authority and its  subsidiaries.
[Except  as hereinafter specially provided, no] NO municipality or poli-
tical subdivision, including but not limited to a county, city, village,
town or school or other district shall have jurisdiction over any facil-
ities of the authority and its subsidiaries, and New York  city  transit
authority and its subsidiaries, or any of their activities or operations
EXCEPT  WITH  THE EXPRESS CONSENT OF THE AUTHORITY OR ONE OF ITS SUBSID-
IARIES  OR  THE  NEW  YORK  CITY  TRANSIT  AUTHORITY  OR  ONE   OF   ITS
SUBSIDIARIES. [The local] LOCAL laws, resolutions, ordinances, rules and
regulations  of  a  municipality or political subdivision, heretofore or
hereafter adopted, [conflicting with this title or  any  rule  or  regu-
lation  of  the  authority or its subsidiaries, or New York city transit
authority or its subsidiaries,] shall not be applicable  to  the  activ-
ities  or operations of the authority and its subsidiaries, and New York
city transit authority, or the  facilities  of  the  authority  and  its
subsidiaries,  and New York city transit authority and its subsidiaries,
except such ACTIVITIES OR OPERATIONS  OR  facilities  that  are  devoted
SOLELY  AND ENTIRELY to [purposes] A PURPOSE other than A transportation
or transit [purposes] PURPOSE, WHICH TRANSPORTATION OR  TRANSIT  PURPOSE
MAY BE THE PRODUCTION OF REVENUE AVAILABLE FOR THE COSTS AND EXPENSES OF
ALL  OR  ANY ACTIVITIES OR OPERATIONS OR FACILITIES OF THE AUTHORITY AND
ITS SUBSIDIARIES, AND NEW YORK CITY TRANSIT AUTHORITY  AND  ITS  SUBSID-
IARIES.  Each  municipality  or political subdivision, including but not
limited to a county, city, village, town or district in which any facil-
ities of the authority or its subsidiaries, or  New  York  city  transit
authority or its subsidiaries are located shall provide for such facili-
ties  police,  fire and health protection services of the same character
and to the same extent as those provided for residents of  such  munici-
pality or political subdivision.

S. 6408--A                         14                         A. 9008--A

  The  jurisdiction, supervision, powers and duties of the department of
transportation of the state  under  the  transportation  law  shall  not
extend  to the authority in the exercise of any of its powers under this
title. The authority may agree with such department for the execution by
such  department  of any grade crossing elimination project or any grade
crossing separation reconstruction project along any  railroad  facility
operated  by  the  authority or by one of its subsidiary corporations or
under contract, lease or other arrangement with the authority. Any  such
project  shall be executed as provided in article ten of the transporta-
tion law and the railroad law, respectively, and the costs of  any  such
project shall be borne as provided in such laws, except that the author-
ity's share of such costs shall be borne by the state.
  11.  No  project to be constructed upon real property theretofore used
for a transportation purpose, or on an insubstantial  addition  to  such
property  contiguous  OR  ADJACENT  AND  RELATED thereto, which will not
change in a material respect the general character of such prior  trans-
portation  use,  nor  any  acts  or  activities  in connection with such
project, shall be subject to the provisions of article eight,  nineteen,
twenty-four  or twenty-five of the environmental conservation law, or to
any local law or ordinance adopted pursuant to  any  such  article.  Nor
shall  any  acts  or  activities  taken  or  proposed to be taken by the
authority or by any other  person  or  entity,  public  or  private,  in
connection   with   the   planning,  design,  acquisition,  improvement,
construction,  reconstruction  or  rehabilitation  of  a  transportation
facility,  other  than  a marine or aviation facility, be subject to the
provisions of article eight of the environmental conservation law, or to
any local law or ordinance adopted pursuant to any such article if  such
acts  or  activities  require  the  preparation  of a statement under or
pursuant to any federal law or regulation as to the environmental impact
thereof. NOR SHALL ANY ACQUISITION OR CONDEMNATION OF REAL PROPERTY,  OR
ACTS  OR ACTIVITIES TAKEN OR PROPOSED TO BE TAKEN ON SUCH REAL PROPERTY,
BE SUBJECT TO THE PROVISIONS OF ARTICLE EIGHT, NINETEEN, TWENTY-FOUR  OR
TWENTY-FIVE  OF  THE ENVIRONMENTAL CONSERVATION LAW, OR TO ANY LOCAL LAW
OR ORDINANCE ADOPTED PURSUANT TO ANY SUCH ARTICLE,  WHEN  THE  AUTHORITY
HAS  CERTIFIED TO THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION THAT SUCH
REAL PROPERTY IS ACQUIRED OR  CONDEMNED  IN  CONNECTION  WITH  A  FUTURE
PROJECT  THAT  WILL  LIKELY  CONSTITUTE  A CAPITAL ELEMENT AS DEFINED BY
SECTION TWELVE HUNDRED SIXTY-NINE-B OF THIS TITLE, UNTIL  SUCH  TIME  AS
THAT CAPITAL ELEMENT IS INCLUDED IN A CAPITAL PROGRAM PLAN OR UNTIL SUCH
TIME AS THE PROJECT IS OTHERWISE SUBJECT TO THOSE PROVISIONS.
  12-A.  WHENEVER  IN  CONNECTION  WITH  THE  IMPROVEMENT, CONSTRUCTION,
RECONSTRUCTION OR REHABILITATION OF A TRANSPORTATION FACILITY, INCLUDING
AS PART OF A JOINT ARRANGEMENT, THE AUTHORITY DETERMINES THAT THE PIPES,
MAINS OR CONDUITS OF ANY PUBLIC SERVICE CORPORATION AND ANY FIXTURES AND
APPLIANCES CONNECTED THEREWITH OR ATTACHED THERETO MUST  BE  REMOVED  OR
OTHERWISE PROTECTED OR REPLACED, THE COST OF SUCH REMOVAL, PROTECTION OR
REPLACEMENT  WHETHER  PERFORMED  BY  THE AUTHORITY OR THE PUBLIC SERVICE
CORPORATION SHALL BE BORNE SOLELY BY THE PUBLIC SERVICE CORPORATION.
  19. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL  OR  LOCAL
LAW, CODE, ORDINANCE, RULE OR REGULATION TO THE CONTRARY, THE AUTHORITY,
ITS SUBSIDIARIES, NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY MAY
ERECT  ADVERTISING  SIGNS  OR  DEVICES  INCLUDING ILLUMINATED OR DIGITAL
SIGNS OR DEVICES WITHIN OR ON ANY OF ITS TRANSPORTATION  FACILITIES  AND
MAY INSTALL, MAINTAIN, AND DISPLAY ADVERTISING ON SUCH SIGNS OR DEVICES,
AND MAY RENT, LEASE, LICENSE OR OTHERWISE SELL THE RIGHT TO DO SO TO ANY
PERSON,  PRIVATE  OR  PUBLIC.  SUCH ADVERTISING SIGNS OR DEVICES AND THE

S. 6408--A                         15                         A. 9008--A

PRODUCTION OF REVENUE FROM THEM FOR THE  AUTHORITY  SHALL  BE  DEEMED  A
TRANSPORTATION  PURPOSE AND NEITHER THE AUTHORITY, ITS SUBSIDIARIES, NEW
YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARY, NOR ANY  PERSON,  PRIVATE
OR PUBLIC, TO WHOM THE AUTHORITY, ITS SUBSIDIARIES, NEW YORK CITY TRANS-
IT AUTHORITY OR ITS SUBSIDIARY HAS RENTED, LEASED, LICENSED OR OTHERWISE
SOLD  THE RIGHT TO INSTALL, MAINTAIN AND DISPLAY SUCH ADVERTISING MAY BE
REQUIRED TO PAY ANY FEES, TAXES OR ASSESSMENTS, WHETHER STATE OR  LOCAL,
UPON SUCH ADVERTISING SIGNS OR DEVICES OR THE USE THEREOF OR THE REVENUE
OR INCOME THEREFROM.
  S  4.  The  public  authorities law is amended by adding a new section
1266-k to read as follows:
  S 1266-K. JOINT ARRANGEMENTS 1. NOTWITHSTANDING ANY PROVISION  OF  LAW
TO  THE  CONTRARY, THE AUTHORITY IS AUTHORIZED, IN ADDITION TO ITS OTHER
RIGHTS AND POWERS NOT INCONSISTENT WITH THE PROVISIONS  OF  THIS  TITLE,
TO:
  (A) ENTER INTO ANY JOINT ARRANGEMENT;
  (B) ACCEPT ANY GIFTS OR ANY APPROPRIATION OR GRANT OF FUNDS OR PROPER-
TY  FOR  THE  PURPOSES OF A JOINT ARRANGEMENT FROM ANY PRIVATE ENTITY OR
PUBLIC ENTITY AND TO COMPLY WITH THE TERMS AND CONDITIONS THEREOF;
  (C) ISSUE ITS NOTES OR BONDS, TO FINANCE ALL OR ANY PART OF THE  COSTS
OF ANY JOINT ARRANGEMENT;
  (D)  USE  THE  AUTHORITY'S  EMINENT  DOMAIN  POWERS, ON SUCH TERMS AND
CONDITIONS AS THE  AUTHORITY  DEEMS  APPROPRIATE,  TO  ACQUIRE  PROPERTY
REQUIRED FOR JOINT ARRANGEMENTS;
  (E)  TAKE  AN EQUITY OR OTHER OWNERSHIP INTEREST IN ANY JOINT ARRANGE-
MENT IN THE FORM OF STOCK  OWNERSHIP,  PARTNERSHIP  INTERESTS  OR  OTHER
INTERESTS  AND  MEMBERS  OF THE AUTHORITY AND EMPLOYEES OF THE AUTHORITY
SHALL BE PERMITTED TO  SERVE  ON  THE  BOARD  OF  DIRECTORS,  MANAGEMENT
COMMITTEE  OR  OTHER  CONTROLLING BODY OF THE JOINT ARRANGEMENT PROVIDED
THAT ANY SUCH APPOINTMENT SHALL HAVE BEEN APPROVED BY A MAJORITY OF  THE
WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN OFFICE.
  2. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
MAY:
  (A)  ACCEPT, FOLLOWING COMPLIANCE WITH THE PROCEDURE SET FORTH IN THIS
SUBSECTION, PROPOSALS FROM PUBLIC ENTITIES OR PRIVATE ENTITIES FOR JOINT
ARRANGEMENTS.
  (I) THE AUTHORITY IS HEREBY AUTHORIZED TO ACCEPT UNSOLICITED PROPOSALS
FOR JOINT ARRANGEMENTS.
  (II) AN UNSOLICITED PROPOSAL MUST INCLUDE AT A MINIMUM:
  (A) A DESCRIPTION OF THE PROPOSED  JOINT  ARRANGEMENT,  INCLUDING  THE
LOCATION,  CONCEPTUAL DESIGN, ANY INTERCONNECTION OF SUCH JOINT ARRANGE-
MENT WITH OTHER EXISTING OR PROPOSED TRANSPORTATION FACILITIES, AND  THE
BENEFITS TO THE AUTHORITY OF THE JOINT ARRANGEMENT;
  (B) THE PROJECTED TOTAL COST AND PLANS FOR FINANCING, INCLUDING SOURC-
ES OF FUNDING, FOR THE JOINT ARRANGEMENT;
  (C)  THE  PROPOSED  SCHEDULE FOR THE DEVELOPMENT OF THE PROPOSED JOINT
ARRANGEMENT;
  (D) THE MEANS PROPOSED FOR THE PROCUREMENT OF THE  PROPERTY  INTERESTS
REQUIRED FOR THE PROPOSED JOINT ARRANGEMENT;
  (E)  INFORMATION  RELATING TO THE CONSISTENCY OF THE PROPOSAL WITH THE
CURRENT TRANSPORTATION PLANS OF THE AUTHORITY AND ANY AFFECTED STATE  OR
LOCAL JURISDICTION;
  (F) A LIST OF PERMITS AND APPROVALS REQUIRED FOR THE IMPLEMENTATION OF
THE  PROPOSED  JOINT  ARRANGEMENT  AND A SCHEDULE FOR THE ACQUISITION OF
SUCH PERMITS AND APPROVALS FROM THE APPROPRIATE LOCAL, STATE AND FEDERAL
AGENCIES;

S. 6408--A                         16                         A. 9008--A

  (G) THE AUTHORITY'S PROPOSED ROLE AND RESPONSIBILITIES, INCLUDING  ANY
FINANCIAL  ASSISTANCE, IN THE DEVELOPMENT OF THE PROPOSED JOINT ARRANGE-
MENT AND IMPLEMENTATION OF THE PROPOSED TRANSPORTATION SERVICE; AND
  (H) THE NAME AND ADDRESS OF THE PROPOSER.
  (III)  AFTER THE RECEIPT OF AN UNSOLICITED PROPOSAL, THE AUTHORITY MAY
REQUIRE SUCH ADDITIONAL INFORMATION FROM THE PROPOSER AS  THE  AUTHORITY
DEEMS PERTINENT TO THE CONSIDERATION OF THE PROPOSAL.
  (IV)  AFTER  THE RECEIPT OF AN UNSOLICITED PROPOSAL THAT THE AUTHORITY
FINDS (A) TO HAVE FULFILLED THE REQUIREMENTS OF SUBPARAGRAPHS  (II)  AND
(III)  OF  THIS  PARAGRAPH,  (B)  TO  BE CONSISTENT WITH THE AUTHORITY'S
TRANSPORTATION OBJECTIVES, AND (C) TO BE A CONCEPT  THAT  THE  AUTHORITY
WISHES  TO  PURSUE,  THE AUTHORITY MAY, AFTER CONSULTING WITH THE ENTITY
MAKING THE PROPOSAL, PREPARE AND ISSUE A PUBLIC  REQUEST  FOR  COMPETING
PROPOSALS.
  (V) SUCH PUBLIC REQUEST FOR COMPETING PROPOSALS MUST:
  (A)  DESCRIBE  THE  UNSOLICITED  PROPOSAL  IN  SUCH A WAY THAT, IN THE
DISCRETION OF THE AUTHORITY, IT FAIRLY  SOLICITS  COMPETITIVE  PROPOSALS
THAT COULD ACHIEVE THE TRANSPORTATION BENEFIT PROPOSED BY THE UNSOLICIT-
ED PROPOSAL;
  (B)  PROVIDE  FOR A PERIOD, NOT TO EXCEED NINETY DAYS, FOR THE INITIAL
SUBMISSION OF COMPETING PROPOSALS; AND
  (C) REQUIRE THAT SUCH  COMPETING  PROPOSALS  INCLUDE  THE  INFORMATION
REQUIRED FOR UNSOLICITED PROPOSALS, AS SET FORTH IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH.
  (VI)  AFTER  RECEIVING ANY SUCH COMPETING PROPOSALS, THE AUTHORITY MAY
REQUIRE SUCH ADDITIONAL INFORMATION FROM ANY PROPOSER AS  THE  AUTHORITY
DEEMS  PERTINENT TO THE CONSIDERATION OF THE APPLICABLE PROPOSAL AND MAY
ALLOW FOR THE SUBMISSION OF ADDITIONAL INFORMATION CONCERNING THE  UNSO-
LICITED PROPOSAL OR ANY COMPETING PROPOSAL.
  3. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE AUTHORITY
MAY  ENTER  INTO  A  JOINT ARRANGEMENT WITH THE PUBLIC ENTITY OR PRIVATE
ENTITY WHICH HAS SUBMITTED THE UNSOLICITED OR  SOLICITED  PROPOSAL  THAT
BEST DEMONSTRATES THE FOLLOWING:
  (A) A PUBLIC NEED FOR THE PROPOSED JOINT ARRANGEMENT;
  (B)  THE PROPOSED JOINT ARRANGEMENT AND THE SCHEDULING OF ITS DEVELOP-
MENT AND IMPLEMENTATION AND ITS CONNECTIONS TO THE EXISTING  TRANSPORTA-
TION SYSTEM ARE COMPATIBLE WITH THE TRANSPORTATION PLANS OF THE AUTHORI-
TY AND OF ANY STATE OR LOCAL JURISDICTIONS;
  (C) THE ESTIMATED COST OF THE PROPOSED JOINT ARRANGEMENT AND OF DELIV-
ERY  OF  THE TRANSPORTATION SERVICE IS REASONABLE AND THE EXPENDITURE OF
ANY AUTHORITY FUNDS ON THE FACILITY WOULD PROVIDE A REASONABLE TRANSPOR-
TATION BENEFIT, RELATIVE TO THE ESTIMATED COST;
  (D) THE FINANCING OF THE IMPLEMENTATION AND OPERATION OF THE  PROPOSED
JOINT ARRANGEMENT IS FEASIBLE; AND
  (E)  THE  PROPOSAL  PROVIDES  THE  BEST VALUE TO THE AUTHORITY AND THE
PROPOSED JOINT ARRANGEMENT SATISFIES ANY OTHER CRITERIA APPLIED  BY  THE
AUTHORITY  IN  ASCERTAINING  WHETHER IMPLEMENTATION AND OPERATION OF THE
PROPOSED JOINT ARRANGEMENT IS IN THE INTERESTS OF THE AUTHORITY.
  4. (A) NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  TO  REQUIRE  THE
AUTHORITY  TO  ACCEPT ANY UNSOLICITED PROPOSAL, MAKE ANY SOLICITATION OR
REQUEST FOR COMPETITIVE PROPOSALS, OR ENTER INTO ANY AGREEMENT WITH  ANY
PUBLIC OR PRIVATE ENTITY.
  (B)  NOTHING IN THIS SECTION SHALL BE DEEMED TO (I) SUPERSEDE OR LIMIT
THE APPLICABILITY OF THE AUTHORITY'S EXISTING POWERS AND  AUTHORITY,  OR
(II)  REQUIRE THE AUTHORITY TO ACCEPT ANY PROJECT THROUGH THE PROVISIONS
OF THIS SECTION, OR (III) REQUIRE THE AUTHORITY TO ENTER INTO ANY AGREE-

S. 6408--A                         17                         A. 9008--A

MENTS HEREUNDER, OR (IV) REQUIRE THE AUTHORITY TO TAKE ANY  ACTION  THAT
WOULD  CONTRADICT  OR IMPACT AN EXISTING AUTHORITY CONTRACT OR AGREEMENT
WITH ITS BONDHOLDERS.
  (C)  SECTION  TWENTY-EIGHT  HUNDRED NINETY-SEVEN OF THIS CHAPTER SHALL
NOT APPLY TO ANY TRANSFER OF TITLE OR ANY OTHER BENEFICIAL  INTEREST  IN
PERSONAL  OR  REAL  PROPERTY BY THE AUTHORITY PURSUANT TO THE TERMS OF A
JOINT ARRANGEMENT.
  (D) THE AUTHORITY IS HEREBY AUTHORIZED TO  PROMULGATE  ANY  RULES  AND
REGULATIONS DEEMED NECESSARY OR DESIRABLE FOR THE IMPLEMENTATION OF THIS
SECTION.
  5.  NOTWITHSTANDING  ANY  PROVISION OF LAW TO THE CONTRARY, AGREEMENTS
ENTERED INTO PURSUANT TO THIS SECTION MAY PROVIDE FOR:
  (A) THE PLANNING, ACQUISITION, DESIGN,  CONSTRUCTION,  RECONSTRUCTION,
REHABILITATION,   ESTABLISHMENT,   IMPROVEMENT,  RENOVATION,  EXTENSION,
REPAIR, OPERATION, MAINTENANCE, DEVELOPMENT OR FINANCING OF  TRANSPORTA-
TION  FACILITIES AND JOINT ARRANGEMENTS AND THE PROVISION OF TRANSPORTA-
TION SERVICES.
  (B) THE ESTABLISHMENT, LEVY AND COLLECTION OF FARES, USER FEES, TOLLS,
RENTALS, RATES OR OTHER CHARGES FOR THE USE  OF  TRANSPORTATION  FACILI-
TIES,  JOINT  ARRANGEMENTS OR FOR THE RECEIPT OF TRANSPORTATION SERVICES
PURSUANT TO THIS SECTION AS THE AUTHORITY MAY DEEM NECESSARY, CONVENIENT
OR DESIRABLE; AND
  (C) THE CROSSING OF ANY STREET, HIGHWAY,  RAILROAD,  CANAL,  NAVIGABLE
WATER COURSE OR RIGHT-OF-WAY, SO LONG AS THE CROSSING DOES NOT UNREASON-
ABLY INTERFERE WITH THE REASONABLE USE THEREOF.
  6.  IN THE EVENT A PUBLIC OR PRIVATE ENTITY MATERIALLY DEFAULTS ON ITS
OBLIGATIONS UNDER A JOINT ARRANGEMENT, THE AUTHORITY IS  HEREBY  AUTHOR-
IZED  TO ACQUIRE ALL OR ANY PORTION OF ANY JOINT ARRANGEMENT CONSTRUCTED
BY OR IN CONJUNCTION WITH SUCH PUBLIC ENTITY OR PRIVATE ENTITY, WITH ANY
DAMAGES SUFFERED TO THE AUTHORITY AS A RESULT OF SUCH DEFAULT  BEING  AN
OFFSET  TO  THE  COMPENSATION  PROVIDED FOR THE ACQUISITION OF THE JOINT
ARRANGEMENT. IN THE EVENT OF SUCH ACQUISITION  AND  NOTWITHSTANDING  ANY
PROVISION  OF  LAW  TO THE CONTRARY, THE AUTHORITY IS HEREBY AUTHORIZED,
BUT NOT REQUIRED, TO OPERATE AND MAINTAIN THE JOINT ARRANGEMENT, INCLUD-
ING THE IMPOSITION AND COLLECTION OF APPLICABLE FEES,  FARES,  TOLLS  OR
OTHER CHARGES.
  7.  ANY  REQUEST  FOR  PROPOSAL  OR AGREEMENT ENTERED PURSUANT TO THIS
SECTION SHALL MAKE PROVISION FOR THE PROTECTION OF INTERESTS AND  RIGHTS
IN  INTELLECTUAL  PROPERTY  AND TRADE SECRETS. THE CONTENTS OF PROPOSALS
RECEIVED BY THE AUTHORITY PURSUANT TO THIS SECTION SHALL BE  CONSIDERED,
FOR  THE  PURPOSES  OF  SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW,
RECORDS WHICH, IF DISCLOSED, WOULD IMPAIR PRESENT OR  IMMINENT  CONTRACT
AWARDS.
  S  5.  Subdivisions  5 and 6 of section 1267 of the public authorities
law, as added by chapter 324 of the laws of 1965, are amended to read as
follows:
  5. The authority may, whenever it determines that it is in the  inter-
est  of  the  authority,  dispose of any real property or property other
than real property, which it determines is not necessary, convenient  or
desirable for its purposes.  SUCH DISPOSALS OF REAL OR PERSONAL PROPERTY
MAY  BE NEGOTIATED OR MADE BY PUBLIC AUCTION AS PERMITTED BY SUBDIVISION
SIX OF SECTION TWENTY-EIGHT HUNDRED NINETY-SEVEN OF THIS CHAPTER AND MAY
ALSO BE MADE BY NEGOTIATION IF:
  (A) THE CHARACTER OR CONDITION OF THE  PROPERTY,  THE  NATURE  OF  THE
INTEREST  TO  BE CONVEYED, OR OTHER UNIQUE CIRCUMSTANCES OF THE DISPOSAL
MAKE IT IMPRACTICABLE TO ADVERTISE PUBLICLY; AN APPRAISAL OF  THE  ESTI-

S. 6408--A                         18                         A. 9008--A

MATED  FAIR MARKET VALUE OF THE PROPERTY HAS BEEN MADE BY AN INDEPENDENT
APPRAISER AND INCLUDED IN THE RECORD OF THE TRANSACTION; AND THE CONSID-
ERATION RECEIVED BY THE AUTHORITY FOR THE PROPERTY, INCLUDING THE  VALUE
OF  OTHER  PROPERTY  EXCHANGED,  WILL  NOT  BE  LESS THAN THE PROPERTY'S
APPRAISED VALUE; OR
  (B) THE DISPOSAL IS MADE TO A GOVERNMENT OR OTHER PUBLIC  ENTITY,  AND
THE  TERMS AND CONDITIONS OF THE TRANSFER REQUIRE THAT THE OWNERSHIP AND
USE OF THE PROPERTY WILL REMAIN WITH  THE  GOVERNMENT  OR  OTHER  PUBLIC
ENTITY,  OR  THE  DISPOSAL IS PART OF A TRANSACTION THAT FURTHERS AND IS
WITHIN THE AUTHORITY'S PURPOSE OR MISSION AND THE APPRAISED VALUE OF THE
PROPERTY AND OTHER SATISFACTORY TERMS OF DISPOSAL ARE OBTAINED.
  6. The authority may, whenever it shall determine that it  is  in  the
interest  of  the authority, rent, lease, [or] grant, MODIFY OR EXCHANGE
easements or other rights in, any land or property of the authority  AND
TO  THE EXTENT SUCH A LEASE, GRANT, MODIFICATION OR EXCHANGE IS DEEMED A
DISPOSAL THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION SHALL APPLY.
  S 6. Subdivision 1 of section 119-r of the general municipal  law,  as
added by chapter 717 of the laws of 1967, is amended to read as follows:
  1.  To  assure  the  provision  of mass transportation services to the
public at adequate levels and at  reasonable  cost,  every  city,  town,
village  or  county not wholly contained within a city, shall have power
to adopt local laws to authorize:
  a. The acquisition, construction, reconstruction, improvement,  equip-
ment, maintenance, FINANCING, or operation of one or more mass transpor-
tation  projects.  Such municipal corporation shall have power to occupy
or use any of the streets, roads, highways,  avenues,  parks  or  public
places  of  such  municipal  corporation  therefor and to agree upon and
contract for the terms and conditions thereof.
  b. The making of a  contract  or  contracts  for  the  acquisition  by
purchase  of  all or any part of the property, plant and equipment of an
existing mass transportation facility actually used and useful  for  the
convenience of the public.
  c.  The  making  of  a  contract or contracts with any person, firm or
corporation, including a public authority, for  the  equipment,  mainte-
nance  or  operation  of a mass transportation facility owned, acquired,
constructed, reconstructed or improved by it.
  d. The making of a contract or contracts for  a  fair  and  reasonable
consideration  for  mass  transportation  services to be rendered to the
public by a privately-owned or operated  mass  transportation  facility.
Such  power shall include but not be limited to the power to appropriate
funds for payment of such consideration, and to provide that all or part
of such consideration shall be in the form of capital  equipment  to  be
furnished to and used and maintained by such privately-owned or operated
mass transportation facility.
  e. The making of unconditional grants of money or property to a public
authority  providing mass transportation services to all or part of such
municipal corporation in order to assist such public authority in  meet-
ing  its  capital  or  operating  expenses, provided such money does not
consist of borrowed funds and such property has not been acquired by the
use of borrowed funds. Such purpose is hereby  declared  to  be  county,
city,  town  or  village  purposes, respectively. The provisions of this
paragraph are intended as enabling legislation only  and  shall  not  be
interpreted  as  implying that absent their enactment a municipal corpo-
ration would lack the power to authorize any such grant; but they  shall
not  be  interpreted as an authorization to public authorities generally
to accept such grants. The acceptance of any  such  grant  by  a  public

S. 6408--A                         19                         A. 9008--A

authority  shall  not  operate  to  make such authority an agency of the
municipal corporation making the grant.
  F.  THE  MAKING  OF  A  CONTRACT  WITH THE METROPOLITAN TRANSPORTATION
AUTHORITY, BY ITSELF OR WITH ONE OR MORE OTHER  MUNICIPAL  CORPORATIONS,
WHICH  SHALL  CONSTITUTE  A  JOINT ARRANGEMENT AS DEFINED IN SUBDIVISION
NINE-A OF SECTION TWELVE HUNDRED SIXTY-ONE  OF  THE  PUBLIC  AUTHORITIES
LAW,  TO  ASSIST  THE  AUTHORITY  IN  MEETING  ITS  CAPITAL OR OPERATING
EXPENSES IN PROVIDING MASS TRANSPORTATION SERVICES OF BENEFIT TO ALL  OR
PART  OF SUCH MUNICIPAL CORPORATION, INCLUDING UNDERTAKING A MASS TRANS-
PORTATION CAPITAL PROJECT IN OR NEAR THE  MUNICIPAL  CORPORATION.  UNDER
SUCH  A JOINT ARRANGEMENT, A MUNICIPAL CORPORATION MAY, ACCORDING TO THE
TERMS OF THE CONTRACT WITH THE AUTHORITY, ESTABLISH,  LEVY  AND  COLLECT
SUCH FARES, TOLLS, RENTALS, RATES, TAXES, ASSESSMENTS, CHARGES AND OTHER
FEES  AND MAY CONDITIONALLY OR UNCONDITIONALLY GRANT OR PLEDGE A PORTION
OF ITS REVENUES ALLOCATED ACCORDING TO SUBDIVISION E OF THIS SECTION.
  G. THE DESIGNATION OF A MASS TRANSPORTATION CAPITAL  PROJECT  DISTRICT
THAT A MUNICIPAL CORPORATION DEFINES AS BENEFITTING FROM ANY MASS TRANS-
PORTATION CAPITAL PROJECT. UPON DESIGNATING SUCH A DISTRICT, THE MUNICI-
PAL CORPORATION MAY ALLOCATE A PORTION OF ITS REVENUES FROM THE DISTRICT
ACCORDING  TO  TERMS  IT DESIGNS OR HAS AGREED TO BY CONTRACT.  NOTWITH-
STANDING ANY OTHER LAW, THE MUNICIPAL CORPORATION MAY, IN ALLOCATING AND
COLLECTING REVENUES FROM THE DISTRICT, MAKE USE OF ONE OR  MORE  METHODS
TO  CAPTURE  THE VALUE CREATED BY A MASS TRANSPORTATION CAPITAL PROJECT,
INCLUDING, BUT NOT LIMITED TO:
  (I) TAX INCREMENT FINANCING, MEANING THE ALLOCATION OF AN INCREMENT OF
PROPERTY TAX REVENUES IN EXCESS OF THE AMOUNT LEVIED AT THE  TIME  PRIOR
TO PLANNING OF A MASS TRANSPORTATION CAPITAL PROJECT;
  (II)  A  SPECIAL  TRANSPORTATION  ASSESSMENT, MEANING A CHARGE IMPOSED
UPON BENEFITED REAL PROPERTY IN PROPORTION TO THE  BENEFIT  RECEIVED  BY
SUCH  PROPERTY  FROM  A MASS TRANSPORTATION CAPITAL PROJECT, WHICH SHALL
NOT CONSTITUTE A TAX;
  (III) A TRANSPORTATION  UTILITY  FEE,  MEANING  A  CHARGE  IMPOSED  IN
PROPORTION  TO THE BENEFIT RECEIVED FROM OR THE DEMAND IMPOSED ON A MASS
TRANSPORTATION CAPITAL PROJECT, WHICH SHALL NOT CONSTITUTE A TAX;
  (IV) LAND VALUE TAXATION, MEANING THE ALLOCATION OF  AN  INCREMENT  OF
TAX  REVENUES GAINED FROM LEVYING TAXES ON THE ASSESSED VALUE OF TAXABLE
LAND AT A HIGHER RATE THAN THE IMPROVEMENTS, AS DEFINED  IN  SUBDIVISION
TWELVE OF SECTION ONE HUNDRED TWO OF THE REAL PROPERTY TAX LAW;
  (V) SOME COMBINATION OF THE ABOVE OR OTHER METHODS OF GAINING REVENUES
THAT  THE  MUNICIPAL  CORPORATION IS EMPOWERED TO USE, PROVIDED THAT THE
TOTAL AMOUNT OF ALL TAXES, ASSESSMENTS, FEES, CHARGES, OR  RATES  LEVIED
ON  EACH  PARCEL OR LOT UNDER THIS SECTION SHALL BE LIMITED TO A PROPOR-
TIONATE AMOUNT AS NEAR AS POSSIBLE TO THE ACTUAL BENEFIT WHICH EACH  LOT
OR PARCEL WILL DERIVE FROM THE MASS TRANSPORTATION CAPITAL PROJECT;
  (VI)  WITHIN  ANY  MASS TRANSPORTATION CAPITAL PROJECT DISTRICT THAT A
MUNICIPAL CORPORATION SHALL DESIGNATE, ANY LIMIT OR CAP TO THE  LEVY  OR
PROPERTY TAXES OR ASSESSMENT OF TAXABLE VALUE SHALL NOT APPLY.
  S  7.  Paragraph  (g)  of  subdivision 2 of section 3-c of the general
municipal law is amended by adding a new subparagraph  (v)  to  read  as
follows:
  (V)  A TAX LEVY WITHIN A MASS TRANSPORTATION CAPITAL PROJECT DISTRICT,
DESIGNATED PURSUANT TO ARTICLE FIVE-I OF THE GENERAL MUNICIPAL LAW.
  S 8. This act shall take effect immediately; provided that the  amend-
ment  made  to section 3-c of the general municipal law by section seven
of this act shall not affect the repeal of said  section  and  shall  be
deemed repealed therewith.

S. 6408--A                         20                         A. 9008--A

                                 PART D

  Section  1.  Section 399-l of the vehicle and traffic law, as added by
chapter 751 of the laws of 2005, is amended to read as follows:
  S 399-l.  Application.  Applicants  for  participation  in  the  pilot
program  established pursuant to this article shall be among those acci-
dent prevention course sponsoring agencies that have a  course  approved
by  the commissioner pursuant to article twelve-B of this title prior to
the effective date of this article and which deliver such course to  the
public.   Provided,  however,  the  commissioner  may,  in  his  or  her
discretion, approve  applications  after  such  date.  In  order  to  be
approved for participation in such pilot program, the course must comply
with  the  provisions  of law, rules and regulations applicable thereto.
The commissioner may, in his or her discretion, impose  a  fee  for  the
submission  of  each  application  to  participate  in the pilot program
established pursuant to this article. Such fee shall  not  exceed  seven
thousand  five  hundred  dollars.  The  proceeds  from such fee shall be
deposited [in the accident prevention course internet  technology  pilot
program  fund  as  established  by  section  eighty-nine-g  of the state
finance law] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE  AND
PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE  LAW  FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
  S  2.  Subdivision  2  of  section  89-g  of  the state finance law is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
  S 3. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law relating  to  establishing  the
accident prevention course internet technology pilot program, as amended
by  section 1 of part E of chapter 57 of the laws of 2014, is amended to
read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed  [May
31,  2019] APRIL 1, 2020; provided that any rules and regulations neces-
sary to implement the provisions of this act on its effective  date  are
authorized and directed to be completed on or before such date.
  S  4.  Paragraph  a of subdivision 5 of section 410 of the vehicle and
traffic law, as amended by section 16 of part G of  chapter  59  of  the
laws of 2009, is amended to read as follows:
  a.  The  annual fee for registration or reregistration of a motorcycle
shall be eleven dollars and fifty cents.  Beginning April  first,  nine-
teen hundred ninety-eight the annual fee for registration or reregistra-
tion  of  a  motorcycle  shall  be seventeen dollars and fifty cents, of
which two dollars and fifty cents shall be deposited BY THE  COMPTROLLER
into  the  [motorcycle safety fund established pursuant to section nine-
ty-two-g of the  state  finance  law]  SPECIAL  OBLIGATION  RESERVE  AND
PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE  LAW  FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
  S  5.  Paragraph  (c-1) of subdivision 2 of section 503 of the vehicle
and traffic law, as added by chapter 435 of the laws of 1997, is amended
to read as follows:
  (c-1) In addition to the fees established in paragraphs (b) and (c) of
this subdivision, a fee of fifty cents for each six  months  or  portion
thereof of the period of validity shall be paid upon the issuance of any
permit, license or renewal of a license which is valid for the operation
of  a motorcycle, except a limited use motorcycle. Fees collected pursu-

S. 6408--A                         21                         A. 9008--A

ant to this paragraph shall be deposited BY  THE  COMPTROLLER  into  the
[motorcycle  safety fund established pursuant to section ninety-two-g of
the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF
THE  DEDICATED  HIGHWAY  AND  BRIDGE  TRUST FUND ESTABLISHED PURSUANT TO
SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR THE  PURPOSES  ESTAB-
LISHED IN THIS SECTION.
  S  6.  Subdivision  2  of  section  92-g  of  the state finance law is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
  S 7. Section 92-g of the state finance law is REPEALED.
  S 8. Section 317 of the vehicle and traffic law is amended by adding a
new subdivision 5 to read as follows:
  5. ALL ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER  PURSUANT
TO  THIS  SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL
OBLIGATION RESERVE AND PAYMENT ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND
BRIDGE  TRUST  FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE
STATE FINANCE LAW.
  S 9. Paragraph (b) of subdivision 1-a of section 318  of  the  vehicle
and  traffic  law,  as amended by section 1-b of part A of chapter 63 of
the laws of 2005, is amended to read as follows:
  (b) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
sion,  an order of suspension issued pursuant to paragraph (a) or (e) of
this subdivision may be terminated if the registrant pays to the commis-
sioner a civil penalty in the amount of eight dollars for each day up to
thirty days for which financial security was not  in  effect,  plus  ten
dollars for each day from the thirty-first to the sixtieth day for which
financial  security  was not in effect, plus twelve dollars for each day
from the sixty-first to the ninetieth day for which  financial  security
was  not  in  effect.  Of each eight dollar penalty, six dollars will be
deposited in the general fund and  two  dollars  in  the  [miscellaneous
special  revenue fund - compulsory insurance account] SPECIAL OBLIGATION
RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY  AND  BRIDGE  TRUST
FUND  ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE
LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION.  Of  each  ten  dollar
penalty  collected,  six  dollars will be deposited in the general fund,
two dollars will be deposited in the [miscellaneous special revenue fund
- compulsory insurance account] SPECIAL OBLIGATION RESERVE  AND  PAYMENT
ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND  BRIDGE TRUST FUND ESTABLISHED
PURSUANT TO SECTION EIGHTY-NINE-B OF  THE  STATE  FINANCE  LAW  FOR  THE
PURPOSES ESTABLISHED IN THIS SECTION, and two dollars shall be deposited
in  the  dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law and  the  dedicated  mass
transportation fund established pursuant to section eighty-nine-c of the
state  finance law and distributed according to the provisions of subdi-
vision (d) of section three hundred one-j of the tax law. Of each twelve
dollar penalty collected, six dollars will be deposited into the general
fund, two dollars will be  deposited  into  the  [miscellaneous  special
revenue  fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE
AND PAYMENT ACCOUNT OF THE  DEDICATED  HIGHWAY  AND  BRIDGE  TRUST  FUND
ESTABLISHED  PURSUANT  TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW
FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and four dollars shall  be
deposited  in  the  dedicated  highway and bridge trust fund established
pursuant to section eighty-nine-b of the state finance law and the dedi-
cated mass transportation fund established pursuant to  section  eighty-
nine-c  of  the  state  finance  law  and  distributed  according to the
provisions of subdivision (d) of section three hundred one-j of the  tax
law. The foregoing provision shall apply only once during any thirty-six

S. 6408--A                         22                         A. 9008--A

month  period  and only if the registrant surrendered the certificate of
registration and number plates to the commissioner not more than  ninety
days  from  the  date of termination of financial security or submits to
the  commissioner  new proof of financial security which took effect not
more than ninety days from the termination of financial security.
  S 10. Section 423-a of the vehicle  and  traffic  law  is  amended  by
adding a new subdivision 6 to read as follows:
  6.  ALL  FUNDS  COLLECTED  FROM  THE DEPARTMENT'S SHARE OF THE SALE OF
ASSETS PURSUANT TO THIS SECTION SHALL BE DEPOSITED  BY  THE  COMPTROLLER
INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED
HIGHWAY   AND   BRIDGE   TRUST  FUND  ESTABLISHED  PURSUANT  TO  SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 11. Paragraph (a) of subdivision 3 of  section  89-b  of  the  state
finance law, as amended by section 8 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
fifteen  and  eleven  hundred  sixty-seven  of the tax law, section four
hundred one of the vehicle and traffic law, and  section  thirty-one  of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
AND  THE  COMMISSIONER  OF MOTOR VEHICLES pursuant to section fifty-two,
section three hundred twenty-six, section eighty-eight  of  the  highway
law,  subdivision  fifteen of section three hundred eighty-five, SECTION
FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR  HUNDRED  TEN,  SECTION  THREE
HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND
PARAGRAPH  (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the
vehicle and traffic law, section two of the chapter of the laws  of  two
thousand  three  that amended this paragraph, subdivision (d) of section
three hundred four-a, paragraph one of subdivision (a)  and  subdivision
(d)  of  section  three  hundred five, subdivision six-a of section four
hundred fifteen and subdivision (g) of section twenty-one hundred  twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting  moneys  deposited  with  the  state on account of betterments
performed pursuant to subdivision twenty-seven  or  subdivision  thirty-
five  of  section  ten of the highway law, and sections ninety-four, one
hundred thirty-five, [one hundred forty-four] and one hundred forty-five
of the transportation law, (iii) any moneys collected by the  department
of  transportation  for services provided pursuant to agreements entered
into in accordance with section ninety-nine-r of the  general  municipal
law,  (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and
[(iv)] (V) any other moneys collected therefor  or  credited  or  trans-
ferred thereto from any other fund, account or source.
  S  12.  Paragraph  (a)  of  subdivision 3 of section 89-b of the state
finance law, as amended by section 9 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
hundred sixty-seven of the tax law, section  four  hundred  one  of  the
vehicle  and traffic law, and section thirty-one of chapter fifty-six of
the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
penalties  collected  by  the  commissioner  of  transportation  AND THE

S. 6408--A                         23                         A. 9008--A

COMMISSIONER OF MOTOR VEHICLES pursuant to  section  fifty-two,  section
three  hundred  twenty-six,  section  eighty-eight  of  the highway law,
subdivision fifteen of section three hundred eighty-five,  SECTION  FOUR
HUNDRED  TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED
SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C,  AND  PARA-
GRAPH  (C-1)  OF  SUBDIVISION  TWO  OF SECTION FIVE HUNDRED THREE of the
vehicle and traffic law, section  fifteen  of  this  chapter,  excepting
moneys  deposited  with  the  state  on account of betterments performed
pursuant to  subdivision  twenty-seven  or  subdivision  thirty-five  of
section  ten  of  the highway law, and sections ninety-four, one hundred
thirty-five, [one hundred forty-four] and one hundred forty-five of  the
transportation  law,  (iii)  any  moneys  collected by the department of
transportation for services provided pursuant to agreements entered into
in accordance with section ninety-nine-r of the general  municipal  law,
(IV)  ANY  MONEYS  COLLECTED  BY  THE  DEPARTMENT OF MOTOR VEHICLES, and
[(iv)] (V) any other moneys collected therefor  or  credited  or  trans-
ferred thereto from any other fund, account or source.
  S  13. This act shall take effect immediately; provided, however, that
section seven of this act shall take  effect  April  1,  2020;  provided
further,  however,  that  the amendments to section 399-1 of the vehicle
and traffic law made by section one of this act  shall  not  affect  the
repeal  of  such  section  and  shall  be deemed repealed therewith; and
provided further, however, that  the  amendments  to  paragraph  (a)  of
subdivision  3  of section 89-b of the state finance law made by section
eleven of this act shall be subject to the expiration and  reversion  of
such  paragraph  pursuant  to section 13 of part U1 of chapter 62 of the
laws of 2003, as amended, when upon such date the provisions of  section
twelve of this act shall take effect.

                                 PART E

  Section  1.  Subparagraph  (vi)  of  paragraph (b) of subdivision 2 of
section 501 of the vehicle and traffic law, as added by chapter  173  of
the laws of 1990, is amended to read as follows:
  (vi)  Farm endorsement. Shall be required to operate a farm vehicle or
a combination of farm vehicles which may not be operated with a class C,
D or E license AND WHICH IS USED TO  TRANSPORT  HAZARDOUS  MATERIALS  AS
DEFINED  IN  SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANS-
PORTATION ACT, PUBLIC LAW 93-633 TITLE I, WHEN THE VEHICLE  TRANSPORTING
SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS
REGULATION,  49  CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY
OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART  73.    The
identification  and  scope of any such endorsement or endorsements shall
be as prescribed by regulation of the commissioner.  Such identification
and scope shall, at a minimum, include a distinction between the  opera-
tion  of  a  farm vehicle having a GVWR of more than twenty-six thousand
pounds within one hundred fifty miles of the person's farm and the oper-
ation of a combination of farm vehicles having a GVWR of more than twen-
ty-six thousand pounds within one hundred fifty miles  of  the  person's
farm.
  S  2.  Subparagraph  (i)  of paragraph (b) of subdivision 4 of section
501-a of the vehicle and traffic law, as amended by chapter  36  of  the
laws of 2009, is amended to read as follows:
  (i)  a  personal use vehicle, A COVERED FARM VEHICLE or a farm vehicle
or a combination of such vehicles;

S. 6408--A                         24                         A. 9008--A

  S 3. Subdivision 7 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended and a new  subdivi-
sion 9 is added to read as follows:
  7.  Farm  vehicle. A vehicle having a GVWR of not more than twenty-six
thousand pounds which is controlled and operated by a farmer, is used to
transport agricultural products, farm machinery, farm supplies or all of
the aforementioned to or from the farm and is not used in the operations
of a common or contract motor carrier and, such a vehicle having a  GVWR
of  more  than  twenty-six  thousand  pounds while being used within one
hundred fifty miles of the person's farm, AND SUCH VEHICLE  IS  USED  TO
TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF
THE  HAZARDOUS MATERIALS TRANSPORTATION ACT, PUBLIC LAW 93-633, TITLE I,
WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED
UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F  OR
IS  TRANSPORTING  ANY  QUANTITY  OF MATERIAL LISTED AS A SELECT AGENT OR
TOXIN IN 42 CFR PART 73; PROVIDED, HOWEVER, A FARM VEHICLE MAY  ONLY  BE
OPERATED  IN ANOTHER STATE IF SUCH STATE PERMITS THE OPERATION OF A FARM
VEHICLE IN SUCH STATE.
  9. COVERED FARM VEHICLE. (A) A  VEHICLE  OR  COMBINATION  OF  VEHICLES
REGISTERED  IN  THIS  STATE,  WHICH  (I) DISPLAYS A COVERED FARM VEHICLE
DESIGNATION ISSUED BY THE COMMISSIONER, (II) OPERATED BY  THE  OWNER  OR
OPERATOR OF A FARM OR RANCH, OR AN EMPLOYEE OR FAMILY MEMBER OF AN OWNER
OR  OPERATOR  OF  A  FARM OR RANCH, (III) USED TO TRANSPORT AGRICULTURAL
COMMODITIES, LIVESTOCK, MACHINERY OR SUPPLIES  TO  OR  FROM  A  FARM  OR
RANCH,  (IV)  NOT  USED  IN  FOR-HIRE MOTOR CARRIER OPERATIONS; HOWEVER,
FOR-HIRE MOTOR CARRIER OPERATIONS DO NOT INCLUDE OPERATION BY  A  TENANT
PURSUANT  TO  A  CROP  SHARE FARM LEASE AGREEMENT TO TRANSPORT THE LAND-
LORD'S PORTION OF THE CROPS UNDER THAT AGREEMENT; AND (V) NOT  USED  FOR
THE TRANSPORTATION OF HAZARDOUS MATERIALS.
  (B)  A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI-
CLE WEIGHT RATING, WHICHEVER IS GREATER, OF TWENTY-SIX  THOUSAND  POUNDS
OR LESS, MAY OPERATE ANYWHERE IN THE UNITED STATES.
  (C)  A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI-
CLE WEIGHT RATING, WHICHEVER IS GREATER, OF MORE THAN  TWENTY-SIX  THOU-
SAND  POUNDS,  MAY  OPERATE ANYWHERE IN THIS STATE OR ACROSS STATE LINES
WITHIN ONE HUNDRED FIFTY AIR MILES OF THE FARM OR RANCH. THE OPERATOR OF
SUCH A COVERED FARM VEHICLE SHALL OBTAIN AN ENDORSEMENT AS PROVIDED  FOR
IN PARAGRAPH (D) OF THIS SUBDIVISION.
  (D) THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AN ENDORSEMENT OR
ENDORSEMENTS  FOR  THE  OPERATION OF COVERED FARM VEHICLES WEIGHING MORE
THAN TWENTY-SIX THOUSAND POUNDS. THE IDENTIFICATION AND  SCOPE  OF  SUCH
ENDORSEMENT  OR  ENDORSEMENTS SHALL, AT A MINIMUM, INCLUDE A DISTINCTION
BETWEEN THE OPERATION OF A COVERED FARM VEHICLE HAVING A  GROSS  VEHICLE
WEIGHT  OR  GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND
POUNDS AND THE OPERATION OF  A  COMBINATION  OF  COVERED  FARM  VEHICLES
HAVING  A  GROSS  VEHICLE  WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE
THAN TWENTY-SIX THOUSAND POUNDS.
  (E) FOR THE PURPOSES OF THIS SUBDIVISION, THE GROSS VEHICLE WEIGHT  OF
A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD.
  S  4.  Subparagraph  (iv) of paragraph (b) of subdivision 2 of section
501 of the vehicle and traffic law, as added by chapter 173 of the  laws
of 1990, is amended to read as follows:
  (iv)  P  endorsement. Shall be required to operate a bus as defined in
sections one hundred four and five hundred nine-a of this chapter OR ANY
MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING
OF MORE THAN TWENTY-SIX THOUSAND POUNDS WHICH IS DESIGNED  TO  TRANSPORT

S. 6408--A                         25                         A. 9008--A

PASSENGERS  IN COMMERCE. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE GROSS
VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE  VEHICLE
AND THE LOAD.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART F

  Section 1. Subdivision 3 of section 16-m of section 1 of  chapter  174
of  the  laws  of 1968 constituting the New York state urban development
corporation act, as amended by section 1 of part M of chapter 58 of  the
laws of 2015, is amended to read as follows:
  3.  The  provisions  of this section shall expire, notwithstanding any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2016] 2017.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after July 1, 2016.

                                 PART G

  Section  1. Section 2 of chapter 393 of the laws of 1994, amending the
New York state urban development corporation act, relating to the powers
of New York state  urban  development  corporation  to  make  loans,  as
amended  by  section  1  of part N of chapter 58 of the laws of 2015, is
amended to read as follows:
  S 2. This act shall take effect immediately  provided,  however,  that
section  one  of  this act shall expire on July 1, [2016] 2017, at which
time the provisions of subdivision 26 of section 5 of the New York state
urban development corporation act shall be  deemed  repealed;  provided,
however,  that neither the expiration nor the repeal of such subdivision
as provided for herein shall be deemed to affect or impair in any manner
any loan made pursuant to the authority of  such  subdivision  prior  to
such expiration and repeal.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART H

  Section 1. This act shall be known and may be cited as the  "Transfor-
mational Economic Development Infrastructure and Revitalization Projects
act".
  S  2.  Definitions.  For the purposes of this act, the following terms
shall have the following meanings:
  1. "Transformational Economic Development Infrastructure and Revitali-
zation Projects act" or "projects" shall include  construction  projects
in  the  county  of  New York related to the Jacob V.  Javits Convention
Center, the Empire State Station Complex, the James A.  Farley  Building
Replacement,  and  the  Pennsylvania Station New York Redevelopment. The
term "project" shall refer to any of these construction projects.
  2. "Authorized entity" shall mean the New York State Urban Development
Corporation, the New York Convention Center Development Corporation, and
their subsidiaries.
  3. "Best value" shall  mean  the  basis  for  awarding  contracts  for
services to the bidder that optimize quality, cost and efficiency, price
and performance criteria, which may include, but is not limited to:
  (a) The quality of the contractor's performance on previous projects;

S. 6408--A                         26                         A. 9008--A

  (b)  The  timeliness  of  the  contractor's  performance  on  previous
projects;
  (c)  The level of customer satisfaction with the contractor's perform-
ance on previous projects;
  (d) The contractor's record of performing previous projects on  budget
and ability to minimize cost overruns;
  (e) The contractor's ability to limit change orders;
  (f) The contractor's ability to prepare appropriate project plans;
  (g) The contractor's technical capacities;
  (h) The individual qualifications of the contractor's key personnel;
  (i)  The  contractor's  ability to assess and manage risk and minimize
risk impact; and
  (j) The contractor's past record of encouraging  women  and  minority-
owned business enterprise participation and compliance with article 15-A
of the executive law.
  Such  basis  shall reflect, wherever possible, objective and quantifi-
able analysis.
  4. "Design-build contract" shall mean, in conformity with the require-
ments of this act, a contract for the design  and  construction  of  the
projects with a single entity, which may be a team comprised of separate
entities.
  5. "Procurement record" shall mean documentation of the decisions made
and the approach taken in the procurement process.
  6. "Project labor agreement" shall mean a pre-hire collective bargain-
ing  agreement  between  a  contractor  and  a  bona  fide  building and
construction trade labor organization establishing the  labor  organiza-
tion  as  the  collective  bargaining representative for all persons who
will perform work on the project, and which provides that only  contrac-
tors  and  subcontractors  who  sign a pre-negotiated agreement with the
labor organization can perform project work.
  S 3. Notwithstanding section 103 of the general municipal law  or  the
provisions  of  any  other  law  to the contrary, in conformity with the
requirements of this act, and only when a  project  labor  agreement  is
performed,  the  authorized  entity may utilize the alternative delivery
method referred to as a  design-build  contract  for  the  project.  The
authorized  entity shall ensure that its procurement record reflects the
design-build contract process authorized by this act.
  S 4. An entity selected by the  authorized  entity  to  enter  into  a
design-build  contract  for the project shall be selected through a two-
step method, as follows:
  1. Step one. Generation of a list of entities that  have  demonstrated
the  general  capability  to  perform  a  design-build  contract for the
project. Such list shall consist of a specified number of  entities,  as
determined  by  the authorized entity, and shall be generated based upon
the authorized entity's review of responses  to  a  publicly  advertised
request  for  qualifications  for  the  project. The authorized entity's
request for qualifications for  the  project  shall  include  a  general
description  of  the  project,  the  maximum  number  of  entities to be
included on the list, and the selection criteria to be used in  generat-
ing  the  list. Such selection criteria shall include the qualifications
and experience of the design and construction team, organization, demon-
strated responsibility, ability of the team or of a member or members of
the  team  to  comply  with  applicable  requirements,   including   the
provisions  of  articles  145,  147  and  148 of the education law, past
record of compliance  with  the  labor  law  including  prevailing  wage
requirements  under state and federal law; the past record of compliance

S. 6408--A                         27                         A. 9008--A

with  existing  labor  standards  and   maintaining   harmonious   labor
relations;  the record of protecting the health and safety of workers on
public works projects and job sites as demonstrated  by  the  experience
modification  rate  for  each  of  the last three years; the prospective
bidder's ability to undertake the  particular  type  and  complexity  of
work;  the  financial  capability, responsibility and reliability of the
prospective bidder for such type and complexity of work; the prospective
bidder's compliance with equal employment opportunity  requirements  and
anti-discrimination  laws,  and  demonstrated commitment to working with
minority and women-owned businesses through joint  ventures  or  subcon-
tractor relationships; whether or not the prospective bidder or a person
or entity with an interest of at least ten per centum in the prospective
bidder,  is  debarred  for  having  disregarded obligations to employees
under the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R.  5.12
and  such  other  qualifications the authorized entity deems appropriate
which may include but are not limited to project  understanding,  finan-
cial  capability  and  record of past performance. The authorized entity
shall evaluate and rate all entities responding to the request for qual-
ifications. Based upon such ratings, the authorized  entity  shall  list
the  entities  that  shall receive a request for proposals in accordance
with subdivision two of this section.  To  the  extent  consistent  with
applicable  federal  law,  the  authorized  entity  shall consider, when
awarding any contract pursuant to this section,  the  participation  of:
(a)  firms  certified  pursuant  to article 15-A of the executive law as
minority or women-owned businesses and the ability of  other  businesses
under  consideration to work with minority and women-owned businesses so
as to promote and assist participation by such businesses; and (b) small
business concerns identified pursuant  to  subdivision  (b)  of  section
139-g of the state finance law.
  2.  Step two. Selection of the proposal which is the best value to the
authorized entity. The authorized  entity  shall  issue  a  request  for
proposals for the project to the entities listed pursuant to subdivision
one  of  this  section. If such an entity consists of a team of separate
entities, the entities that comprise such a team must  remain  unchanged
from  the  entity  as listed pursuant to subdivision one of this section
unless otherwise approved by the authorized entity.    The  request  for
proposals  for  the project shall set forth the project's scope of work,
and other requirements, as determined by the  authorized  entity.    The
request  for proposals shall specify the criteria to be used to evaluate
the responses and the relative weight of each such criteria. Such crite-
ria shall include the proposal's cost, the  quality  of  the  proposal's
solution,  the qualifications and experience of the design-build entity,
and other factors deemed pertinent by the authorized entity,  which  may
include, but shall not be limited to, the proposal's project implementa-
tion,  ability to complete the work in a timely and satisfactory manner,
maintenance costs of  the  completed  project,  maintenance  of  traffic
approach,  and  community  impact. Any contract awarded pursuant to this
act shall be awarded to a responsive and responsible entity that submits
the proposal, which, in  consideration  of  these  and  other  specified
criteria  deemed  pertinent to the project, offers the best value to the
authorized entity, as determined by the authorized  entity.  Nothing  in
this act shall be construed to prohibit the authorized entity from nego-
tiating final contract terms and conditions including cost.
  3.  Notwithstanding the foregoing provisions of this section, when any
person or entity is  debarred  for  having  disregarded  obligations  to
employees  under  the  Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29

S. 6408--A                         28                         A. 9008--A

C.F.R. 5.12, such person or entity, and any firm, corporation,  partner-
ship  or  association  in which the person or entity owns or controls at
least ten per centum, shall be ineligible to  submit  a  bid  on  or  be
awarded any contract authorized by this act while the name of the person
or  entity  is published in the list of debarred contractors pursuant to
40 U.S.C. 3144. The department of labor will notify the person or entity
immediately of such ineligibility and such  person  or  entity  must  be
afforded the opportunity to appeal to the department of labor.
  S  5.  Any  contract entered into pursuant to this act shall include a
clause requiring that any professional services  regulated  by  articles
145, 147 and 148 of the education law shall be performed and stamped and
sealed, where appropriate, by a professional licensed in accordance with
such articles.
  S  6.  The construction, demolition, reconstruction, excavation, reha-
bilitation, repair, renovation of the project undertaken by the  author-
ized  entity  pursuant to this act shall be deemed a "public work" to be
performed in accordance with the provisions of article 8  of  the  labor
law,  as  well as subject to sections 200, 240, 241 and 242 of the labor
law and enforcement of prevailing wage  requirements  by  the  New  York
state department of labor.
  S  7.  A  project labor agreement shall be included in the request for
proposals for the project, provided that, based upon a study done by  or
for  the  authorized  entity,  the authorized entity determines that its
interests are best met by  requiring  a  project  labor  agreement.  The
authorized  entity    shall  conduct  such a study and the project labor
agreement shall be performed consistent with the provisions  of  section
222  of  the labor law. If a project labor agreement is not performed on
the project; (1) the authorized entity shall not utilize a  design-build
contract  for  the  project; and (2) sections 101 and 103 of the general
municipal law shall apply to the project.
  S 8. Each contract entered into by the authorized entity  pursuant  to
this act shall comply, whenever practical, with the objectives and goals
of  minority  and  women-owned  business enterprises pursuant to article
15-A of the executive law or, if the project receives federal aid, shall
comply with applicable federal requirements for  disadvantaged  business
enterprises.
  S  9. The project undertaken by the authorized entity pursuant to this
act shall be subject to the requirements of article 8  of  the  environ-
mental  conservation law, and, where applicable, the requirements of the
national environmental policy act.
  S 10.  The submission of a proposal or responses or the execution of a
design-build contract pursuant to this act shall not be construed to  be
a violation of section 6512 of the education law.
  S  11.  Nothing  contained  in this act shall limit the right or obli-
gation of the authorized entity to comply with  the  provisions  of  any
existing contract, including any existing contract with or for the bene-
fit  of  the  holders of the obligations of the authorized entity, or to
award contracts as otherwise provided by law.
  S 12. This act shall take effect immediately.

                                 PART I

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby authorized and directed to receive for deposit to the  credit  of
the  general  fund  the amount of up to $913,000 from the New York state
energy research and development authority.

S. 6408--A                         29                         A. 9008--A

  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART J

  Section  1.  Expenditures  of  moneys  by  the  New  York state energy
research and development authority for  services  and  expenses  of  the
energy   research,  development  and  demonstration  program,  including
grants, the energy policy and planning program, and the Fuel NY  program
shall  be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed  $19,700,000
shall  be  reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service  law  and  electric
corporations  as  defined  in  subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations  have
gross  revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year,  and  the  total  amount  which  may  be
charged  to  any  gas corporation and any electric corporation shall not
exceed one cent per one thousand cubic feet of gas sold  and  .010  cent
per  kilowatt-hour  of  electricity  sold  by such corporations in their
intrastate utility operations in calendar year 2014. Such amounts  shall
be  excluded  from the general assessment provisions of subdivision 2 of
section 18-a of the public service law. The chair of the public  service
commission  shall  bill  such  gas and/or electric corporations for such
amounts on or before August 10, 2016 and such amounts shall be  paid  to
the  New  York  state  energy  research  and development authority on or
before September 10, 2016. Upon  receipt,  the  New  York  state  energy
research and development authority shall deposit such funds in the ener-
gy  research  and  development  operating  fund  established pursuant to
section 1859 of the public authorities law. The New  York  state  energy
research  and  development  authority is authorized and directed to: (1)
transfer $1 million to the state general fund for services and  expenses
of the department of environmental conservation and to transfer $750,000
to  the University of Rochester laboratory for laser energetics from the
funds received; and (2) commencing in 2016, provide to the chair of  the
public  service commission and the director of the budget and the chairs
and secretaries of the  legislative  fiscal  committees,  on  or  before
August  first  of each year, an itemized record, certified by the presi-
dent and chief executive officer of the authority, or his or her  desig-
nee,  detailing  any  and all expenditures and commitments ascribable to
moneys received as a result of this  assessment  by  the  chair  of  the
department  of  public  service  pursuant  to section 18-a of the public
service law.  This itemized record shall include an  itemized  breakdown
of the programs being funded by this section and the amount committed to
each  program.   The authority shall not commit for any expenditure, any
moneys derived from the assessment provided for in this  section,  until
the  chair  of  such authority shall have submitted, and the director of
the budget shall have approved, a comprehensive  financial  plan  encom-
passing  all  moneys  available  to  and all anticipated commitments and
expenditures by such authority from any source  for  the  operations  of
such  authority.    Copies  of the approved comprehensive financial plan
shall be immediately submitted by the chair to  the  chairs  and  secre-
taries  of  the  legislative  fiscal  committees.    Any such amount not
committed by such authority to contracts or contracts to be  awarded  or
otherwise  expended  by  the  authority  during the fiscal year shall be

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refunded by such authority on a pro-rata basis to such gas and/or  elec-
tric  corporations,  in  a  manner to be determined by the department of
public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART K

  Section 1. Notwithstanding any other law, rule or  regulation  to  the
contrary,  expenses of the department of health public service education
program incurred pursuant to appropriations from  the  cable  television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART L

  Section 1. Paragraph (c) of subdivision 12 of section 66 of the public
service law, as amended by chapter 162 of the laws of 1998,  is  amended
to read as follows:
  (c) For the purpose of this subdivision, "major changes" shall mean an
increase  in  the  rates  and charges which would increase the aggregate
revenues of the applicant more than the greater of three  hundred  thou-
sand  dollars or two and one-half percent, but shall not include changes
in rates, charges or rentals (I)  allowed  to  go  into  effect  by  the
commission or made by the utility pursuant to an order of the commission
after  hearings  held  upon  notice to the public, OR (II) PROPOSED BY A
MUNICIPALITY.
  S 2. Paragraph (f) of subdivision 12  of  section  66  of  the  public
service  law,  as amended by chapter 154 of the laws of 1989, is amended
to read as follows:
  (f) Whenever there shall be filed with the commission by  any  utility
any  schedule stating a new rate or charge, or any change in any form of
contract or agreement or any rule or regulation relating  to  any  rate,
charge  or service, or in any general privilege or facility, the commis-
sion may, at any time within sixty days from the date when such schedule
would or has become effective, either upon complaint  or  upon  its  own
initiative,  and, if it so orders, without answer or other formal plead-
ing by the utility, but upon reasonable notice, hold a hearing  concern-
ing  the propriety of a change proposed by the filing. If such change is
a major change, the commission shall hold such a hearing.  Pending  such
hearing  and  decision  thereon,  the  commission, upon filing with such
schedule and delivering to the utility, a statement in  writing  of  its
reasons  therefor,  may  suspend the operation of such schedule, but not
for a longer period than [one  hundred  and  twenty  days]  FOUR  MONTHS
beyond the time when it would otherwise go into effect. After full hear-
ing,  whether  completed  before or after the schedule goes into effect,
the commission may make such order in  reference  thereto  as  would  be
proper in a proceeding begun after the rate, charge, form of contract or
agreement,  rule, regulation, service, general privilege or facility had
become effective. If any such hearing cannot  be  concluded  within  the
period  of  suspension  as  above  stated, the commission may extend the
suspension for a further period, not exceeding [six] TEN months.  IF  AT
THE  END  OF  SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY
THE COMMISSION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED  BY  THE

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STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER,
SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR-
TEEN OF THIS CHAPTER.
  S  3.  Paragraph  (f)  of  subdivision  10 of section 80 of the public
service law, as amended by chapter 154 of the laws of 1989,  is  amended
to read as follows:
  (f)  Whenever  there shall be filed with the commission by any utility
any schedule stating a new rate or charge, or any change in any form  of
contract  or  agreement  or any rule or regulation relating to any rate,
charge or service, or in any general privilege or facility, the  commis-
sion may, at any time within sixty days from the date when such schedule
would  or  has  become  effective, either upon complaint or upon its own
initiative, and, if it so orders, without answer or other formal  plead-
ing  by the utility, but upon reasonable notice, hold a hearing concern-
ing the propriety of a change proposed by the filing.  If such change is
a major change, the commission shall hold such a hearing.  Pending  such
hearing and decision thereon the commission, upon filing with such sche-
dule  and  delivering  to  the  utility,  a  statement in writing of its
reasons therefor, may suspend the operation of such  schedule,  but  not
for  a  longer  period  than  [one  hundred and twenty days] FOUR MONTHS
beyond the time when it would otherwise go into effect. After full hear-
ing, whether completed before or after the schedule  goes  into  effect,
the  commission  may  make  such  order in reference thereto as would be
proper in a proceeding begun after the rate, charge, form of contract or
agreement, rule, regulation, service, general privilege or facility  had
become effective.  If such hearing cannot be concluded within the period
of  suspension as above stated, the commission may extend the suspension
for a further period not exceeding [six] TEN months.  IF AT THE  END  OF
SUCH  PERIOD,  THE FILED PETITION HAS NOT BEEN ACTED UPON BY THE COMMIS-
SION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED BY  THE  STAFF  OF
THE  DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER, SUBJECT
TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED  THIRTEEN  OF
THIS CHAPTER.
  S  4.  Paragraph  (f)  of subdivision 10 of section 89-c of the public
service law, as amended by chapter 154 of the laws of 1989,  is  amended
to read as follows:
  (f)  Whenever  there  shall be filed with the commission by any water-
works corporation any schedule stating a new  rate  or  charge,  or  any
change  in  any  form of contract or agreement or any rule or regulation
relating to any rate, charge or service, or in any general privilege  or
facility,  the  commission  may,  at any time within sixty days from the
date when such schedule would  or  has  become  effective,  either  upon
complaint  or  upon  its  own  initiative, and, if it so orders, without
answer or other formal pleading by the interested corporation, but  upon
reasonable  notice,  hold a hearing concerning the propriety of a change
proposed by the filing. If such change is a major change, the commission
shall hold such a hearing. Pending such hearing  and  decision  thereon,
the  commission,  upon  filing  with such schedule and delivering to the
corporation affected thereby a  statement  in  writing  of  its  reasons
therefor,  may  suspend  the  operation  of such schedule, but not for a
longer period than [one hundred and twenty days] FOUR MONTHS beyond  the
time  when  it  would  otherwise  go  into effect. After a full hearing,
whether completed before or after the schedule  goes  into  effect,  the
commission  may  make such order in reference thereto as would be proper
in a proceeding begun after the rate, charge, form of contract or agree-
ment, rule, regulation,  service,  general  privilege  or  facility  had

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become  effective.  If  any  such hearing cannot be concluded within the
period of suspension as above stated,  the  commission  may  extend  the
suspension  for  a  further period not exceeding [six] TEN months. IF AT
THE  END  OF  SUCH PERIOD, THE FILED PETITION HAS NOT BEEN ACTED UPON BY
THE COMMISSION, THE COMMISSION SHALL UTILIZE THE PROPOSAL FILED  BY  THE
STAFF OF THE DEPARTMENT TO ESTABLISH TEMPORARY RATES FOR THE PETITIONER,
SUBJECT TO REFUND OR REPARATION AS PROVIDED IN SECTION ONE HUNDRED THIR-
TEEN OF THIS CHAPTER.
  S 5. This act shall take effect immediately.

                                 PART M

  Section  1.  Section 2 of 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,
as  amended by section 1 of part T of chapter 58 of the laws of 2015, is
amended to read as follows:
  S 2. This act shall take effect immediately,  provided  however,  that
section  one  of this act shall be deemed to have been in full force and
effect on and after April 1, 2003 and  shall  expire  March  31,  [2016]
2017.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2016.

                                 PART N

  Section 1. Paragraph (d) of section 304 of  the  business  corporation
law is amended to read as follows:
  (d)  ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE  AS  AGENT  OF  A
DOMESTIC  CORPORATION  OR  FOREIGN CORPORATION SHALL BE DEEMED TO BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE,  TO  WHICH  A  PERSON
SHALL  MAIL  THE  PROCESS  SERVED AGAINST THE CORPORATION AS REQUIRED BY
THIS ARTICLE. Any designated [post-office] POST OFFICE address to  which
the  secretary  of  state  OR  A PERSON shall mail a copy of ANY process
served upon [him] THE SECRETARY OF STATE as agent of a  domestic  corpo-
ration  or  a  foreign corporation, shall continue until the filing of a
certificate under this chapter directing  the  mailing  to  a  different
[post-office] POST OFFICE address.
  S  2. Paragraph (a) of section 305 of the business corporation law, as
amended by chapter 131 of the laws  of  1985,  is  amended  to  read  as
follows:
  (a)  In  addition to such designation of the secretary of state, every
domestic corporation or authorized foreign corporation may  designate  a
registered  agent  in  this  state upon whom process against such corpo-
ration may be served. The agent shall be a natural person who is a resi-
dent of or has a business address in this state [or], a domestic  corpo-
ration  or  foreign  corporation  of  any  type  or  kind  formed[,]  or
authorized to do business in this state, under this chapter or under any
other statute of this state, OR DOMESTIC LIMITED  LIABILITY  COMPANY  OR
FOREIGN LIMITED LIABILITY COMPANY FORMED OR AUTHORIZED TO DO BUSINESS IN
THIS STATE.
  S  3.  Subparagraph  1 of paragraph (b) of section 306 of the business
corporation law, as amended by chapter 419  of  the  laws  of  1990,  is
amended to read as follows:

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  (1)  Service of process on the secretary of state as agent of a domes-
tic or authorized foreign corporation, OR OTHER BUSINESS ENTITY THAT HAS
DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS PURSU-
ANT TO ARTICLE NINE OF THIS CHAPTER, shall be made by [personally deliv-
ering  to  and  leaving with the secretary of state or a deputy, or with
any person authorized by the secretary of state to receive such service,
at the office of the department of state in the city of  Albany,  dupli-
cate  copies  of such process together with the statutory fee, which fee
shall be a taxable disbursement]  MAILING  THE  PROCESS  AND  NOTICE  OF
SERVICE  THEREOF  BY  CERTIFIED  MAIL, RETURN RECEIPT REQUESTED, TO SUCH
CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS ON FILE
IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. IF A DOMESTIC OR
AUTHORIZED FOREIGN CORPORATION HAS  NO  SUCH  ADDRESS  ON  FILE  IN  THE
DEPARTMENT  OF STATE, THE PROCESS AND NOTICE OF SERVICE THEREOF SHALL BE
MAILED, IN THE CASE OF A DOMESTIC CORPORATION, IN CARE OF  ANY  DIRECTOR
NAMED  IN  ITS  CERTIFICATE  OF  INCORPORATION AT THE DIRECTOR'S ADDRESS
STATED THEREIN OR, IN THE CASE OF AN AUTHORIZED FOREIGN CORPORATION,  TO
SUCH  CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS STATE ON FILE
IN THE DEPARTMENT. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLI-
CATE COPY OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE  STATU-
TORY  FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE PERSONALLY
DELIVERED TO AND LEFT WITH THE SECRETARY OF STATE OR A DEPUTY,  OR  WITH
ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE,
AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY. PROOF OF
MAILING  SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION.  Service
of process on  such  corporation  OR  OTHER  BUSINESS  ENTITY  shall  be
complete  when  the  secretary  of state is so served. [The secretary of
state shall promptly send one of such copies by certified  mail,  return
receipt  requested,  to such corporation, at the post office address, on
file in the department of state, specified for the purpose. If a  domes-
tic or authorized foreign corporation has no such address on file in the
department  of state, the secretary of state shall so mail such copy, in
the case of a domestic corporation, in care of any director named in its
certificate of incorporation at the director's  address  stated  therein
or,  in  the  case  of an authorized foreign corporation, to such corpo-
ration at the address of its office within this state  on  file  in  the
department.]
  S  4.  Subparagraphs  2 and 3 of paragraph (a) of section 306-A of the
business corporation law, as added by chapter 469 of the laws  of  1997,
are amended to read as follows:
  (2)  That  the  address of the party has been designated by the corpo-
ration as the post office address to which [the secretary  of  state]  A
PERSON shall mail a copy of any process served on the secretary of state
as  agent  for  such corporation, SPECIFYING SUCH ADDRESS, and that such
party wishes to resign.
  (3) That sixty days prior to the filing of the certificate of resigna-
tion OR RECEIPT OF PROCESS with the department of state  the  party  has
sent  a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered  agent  of
the  designating corporation, if other than the party filing the certif-
icate of resignation[,] for receipt of process, or  if  the  [resigning]
DESIGNATING  corporation  has  no  registered  agent,  then  to the last
address of the designating corporation known to  the  party,  specifying
the  address to which the copy was sent. If there is no registered agent
and no known address of the designating  corporation,  the  party  shall
attach  an  affidavit  to  the  certificate  stating that a diligent but

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unsuccessful search was made by the party  to  locate  the  corporation,
specifying what efforts were made.
  S  5.  Subparagraph  7 of paragraph (a) of section 402 of the business
corporation law is amended to read as follows:
  (7) A designation of the secretary of state as  agent  of  the  corpo-
ration  upon  whom  process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served  upon  [him]
THE SECRETARY OF STATE.
  S  6.  Subparagraph  (c) of paragraph 1 of section 408 of the business
corporation law, as amended by section 3 of part S of chapter 59 of  the
laws of 2015, is amended to read as follows:
  (c)  The  post  office address, within or without this state, to which
[the secretary of state] A PERSON shall  mail  a  copy  of  any  process
against  it  served  upon  [him  or  her] THE SECRETARY OF STATE.   Such
address shall supersede any previous address on file with the department
of state for this purpose.
  S 7. Subparagraph 4 of paragraph (b) of section 801  of  the  business
corporation law is amended to read as follows:
  (4) To  specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  8.  Subparagraph  2 of paragraph (b) of section 803 of the business
corporation law, as amended by chapter 803  of  the  laws  of  1965,  is
amended to read as follows:
  (2) To  specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  9.  Paragraph (b) of section 805-A of the business corporation law,
as added by chapter 725 of the laws of  1964,  is  amended  to  read  as
follows:
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a corporation served upon  [him  or]  THE  SECRETARY  OF
STATE  AND/OR the address of the registered agent, provided such address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY or other corporation whose address, as agent, is the address  to
be  changed  or  who  has  been  designated as registered agent for such
corporation, may be signed[, verified] and delivered to  the  department
of  state  by  such agent. The certificate of change shall set forth the
statements required under subparagraphs [(a)] (1), (2) and (3) OF  PARA-
GRAPH  (A)  of  this  section;  that a notice of the proposed change was
mailed to the corporation by the party signing the certificate not  less
than  thirty  days  prior  to the date of delivery to the department and
that such corporation has not objected thereto; and that the party sign-
ing the certificate is the agent of such corporation  to  whose  address
[the  secretary of state] A PERSON is required to mail copies of process
SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the
case. A certificate signed[, verified] and delivered  under  this  para-
graph  shall  not be deemed to effect a change of location of the office
of the corporation in whose behalf such certificate is filed.
  S 10. Subparagraph 8 of paragraph (a) of section 904-a of the business
corporation law, as amended by chapter 177  of  the  laws  of  2008,  is
amended to read as follows:
  (8)  If  the surviving or resulting entity is a foreign corporation or
other business entity, a designation of the secretary of  state  as  its

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agent upon whom process against it may be served in the manner set forth
in  paragraph  (b)  of section three hundred six of this chapter, in any
action or special proceeding, and a post office address, within or with-
out  this state, to which [the secretary of state] A PERSON shall mail a
copy of any process against it served upon [him] THE SECRETARY OF STATE.
Such post office address shall supersede any prior address designated as
the address to which process shall be mailed;
  S 11. Clause (G) of subparagraph 2 of paragraph (e) of section 907  of
the  business  corporation law, as amended by chapter 494 of the laws of
1997, is amended to read as follows:
  (G) A designation of the secretary of state as  its  agent  upon  whom
process  against  it  may be served in the manner set forth in paragraph
(b) of section 306 (Service  of  process),  in  any  action  or  special
proceeding,  and a post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.  Such  post  office
address  shall  supersede any prior address designated as the address to
which process shall be mailed.
  S 12. Subparagraph 6 of paragraph (a) of section 1304 of the  business
corporation  law,  as  amended by chapter 684 of the laws of 1963 and as
renumbered by chapter 590 of the laws of 1982, is  amended  to  read  as
follows:
  (6)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
  S 13. Subparagraph 7 of paragraph (a) of section 1308 of the  business
corporation  law,  as  amended by chapter 725 of the laws of 1964 and as
renumbered by chapter 186 of the laws of 1983, is  amended  to  read  as
follows:
  (7)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy  of  any  process  against  it
served upon [him] THE SECRETARY OF STATE.
  S  14.  Subparagraph  2  of paragraph (a) and paragraph (c) of section
1309-A of the business corporation law, subparagraph 2 of paragraph  (a)
as added by chapter 725 of the laws of 1964 and paragraph (c) as amended
by chapter 172 of the laws of 1999, are amended to read as follows:
  (2)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy  of  any  process  against  it
served upon [him] THE SECRETARY OF STATE.
  (c) A certificate of change of application for authority which changes
only  the post office address to which [the secretary of state] A PERSON
shall mail a copy of any process against an  authorized  foreign  corpo-
ration  served upon [him or which] THE SECRETARY OF STATE AND/OR changes
the address of its  registered  agent,  provided  such  address  is  the
address  of  a  person,  partnership, LIMITED LIABILITY COMPANY or other
corporation whose address, as agent, is the address to be changed or who
has been designated as registered  agent  for  such  authorized  foreign
corporation,  may  be signed and delivered to the department of state by
such agent. The certificate of change of application for authority shall
set forth the statements required under subparagraphs (1), (2), (3)  and
(4)  of  paragraph  (b)  of  this section; that a notice of the proposed
change was mailed by the party signing the certificate to the authorized
foreign corporation not less than thirty  days  prior  to  the  date  of
delivery  to  the  department and that such corporation has not objected

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thereto; and that the party signing the certificate is the agent of such
foreign corporation to whose address [the secretary of state]  A  PERSON
is  required  to mail copies of process SERVED ON THE SECRETARY OF STATE
or  the  registered agent, if such be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location of the office of the corporation in whose behalf  such  certif-
icate is filed.
  S  15.  Subparagraphs  1 and 6 of paragraph (a) of section 1310 of the
business corporation law, subparagraph 1 as amended by  chapter  590  of
the laws of 1982, are amended to read as follows:
  (1)  The name of the foreign corporation as it appears on the index of
names of existing domestic and authorized foreign  corporations  of  any
type  or kind in the department of state, division of corporations [or,]
AND the fictitious name, IF ANY, the corporation has agreed  to  use  in
this  state  pursuant to paragraph (d) of section 1301 of this [chapter]
ARTICLE.
  (6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S 16. Subparagraph 4 of paragraph (d) of section 1310 of the  business
corporation law is amended to read as follows:
  (4)  The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
  S 17. Section 1311 of the business  corporation  law,  as  amended  by
chapter 375 of the laws of 1998, is amended to read as follows:
S 1311. Termination of existence.
  When  an  authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation  is  merged  into  or
consolidated  with  another  foreign  corporation,  a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such  foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution  of  such foreign corporation, the termination of its exist-
ence or the cancellation of its authority  shall  be  delivered  to  the
department  of  state.  The  filing  of the certificate, order or decree
shall have the same effect as the filing of a certificate  of  surrender
of  authority under section 1310 (Surrender of authority). The secretary
of state shall continue as agent of the foreign  corporation  upon  whom
process  against  it  may be served in the manner set forth in paragraph
(b) of section 306 (Service  of  process),  in  any  action  or  special
proceeding  based  upon  any  liability  or  obligation  incurred by the
foreign corporation within this  state  prior  to  the  filing  of  such
certificate,  order  or  decree and [he] THE PERSON SERVING SUCH PROCESS
shall [promptly cause a copy of  any  such]  SEND  THE  process  [to  be
mailed]  by  [registered]  CERTIFIED  mail, return receipt requested, to
such foreign corporation at the post  office  address  on  file  in  his
office  specified  for  such  purpose AND SHALL PROVIDE THE SECRETARY OF
STATE WITH PROOF OF SUCH MAILING IN THE MANNER SET  FORTH  IN  PARAGRAPH
(B) OF SECTION 306 (SERVICE OF PROCESS).  The post office address may be
changed  by  signing and delivering to the department of state a certif-
icate of change setting forth  the  statements  required  under  section
1309-A  (Certificate of change; contents) to effect a change in the post

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office address under  subparagraph  SEVEN  OF  PARAGRAPH  (a)  [(4)]  of
section 1308 (Amendments or changes).
  S  18. Subparagraph 6 of paragraph (a) of section 1530 of the business
corporation law, as added by chapter 505 of the laws of 1983, is amended
to read as follows:
  (6) A designation of the secretary of state as  its  agent  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
  S  19.  Subdivision  10  of section 11 of the cooperative corporations
law, as added by chapter 97 of the laws of 1969, is amended to  read  as
follows:
  10. A  designation  of  the  secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office
address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  S 20. Subdivision 10 of section 96 of the executive law, as amended by
chapter 39 of the laws of 1987, is amended to read as follows:
  10. For service of process on the secretary of state, acting as  agent
for  a  third  party  pursuant  to law, except as otherwise specifically
provided by law, forty dollars. No fee shall be  collected  for  process
served  on  behalf of [a] ANY STATE OFFICIAL, DEPARTMENT, BOARD, AGENCY,
AUTHORITY, county, city, town or village or other political  subdivision
of  the  state.  The fees paid the secretary of state shall be a taxable
disbursement.
  S 21. The opening paragraph of subdivision  2  and  subdivision  3  of
section  18 of the general associations law, as amended by chapter 13 of
the laws of 1938, are amended and two new subdivisions 5 and 6 are added
to read as follows:
  Every association doing business within this state shall file  in  the
department  of  state  a  certificate in its associate name, signed [and
acknowledged] by its president, or a vice-president,  or  secretary,  or
treasurer,  or  managing director, or trustee, designating the secretary
of state as an agent upon whom  process  in  any  action  or  proceeding
against  the  association  may  be served within this state, and setting
forth an address to which [the secretary of state] A PERSON shall mail a
copy of any process against the association which  may  be  served  upon
[him]  THE  SECRETARY  OF STATE pursuant to law.  Annexed to the certif-
icate of designation shall be a statement, executed in the  same  manner
as  the certificate is required to be executed under this section, which
shall set forth:
  3.  Any association, from time to time,  may  change  the  address  to
which  [the  secretary  of state] A PERSON is directed to mail copies of
process SERVED ON THE SECRETARY OF STATE, by filing a statement to  that
effect,  executed[,]  AND  signed [and acknowledged] in like manner as a
certificate of designation as herein provided.
  5. ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL  MAIL  A
COPY  OF  ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS AGENT IN ANY
ACTION OR PROCEEDING AGAINST THE ASSOCIATION SHALL BE DEEMED TO  BE  THE
POST  OFFICE  ADDRESS,  WITHIN  OR WITHOUT THIS STATE, TO WHICH A PERSON
SHALL MAIL PROCESS SERVED AGAINST THE ASSOCIATION AS  REQUIRED  BY  THIS
ARTICLE.  ANY  DESIGNATED  POST OFFICE ADDRESS TO WHICH THE SECRETARY OF
STATE OR A PERSON SHALL MAIL A   COPY OF ANY  PROCESS  SERVED  UPON  THE
SECRETARY  OF  STATE  AS  AGENT  IN ANY ACTION OR PROCEEDING AGAINST THE

S. 6408--A                         38                         A. 9008--A

ASSOCIATION SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE UNDER  THIS
CHAPTER DIRECTING THE MAILING TO A DIFFERENT POST OFFICE ADDRESS.
  6.  "PROCESS"  MEANS JUDICIAL PROCESS AND ALL ORDERS, DEMANDS, NOTICES
OR OTHER PAPERS REQUIRED OR PERMITTED BY LAW TO BE PERSONALLY SERVED  ON
AN  ASSOCIATION, FOR THE PURPOSE OF ACQUIRING JURISDICTION OF SUCH ASSO-
CIATION IN ANY ACTION OR PROCEEDING, CIVIL OR  CRIMINAL,  WHETHER  JUDI-
CIAL,  ADMINISTRATIVE, ARBITRATIVE OR OTHERWISE, IN THIS STATE OR IN THE
FEDERAL COURTS SITTING IN OR FOR THIS STATE.
  S 22. Section 19 of the general associations law, as amended by  chap-
ter 166 of the laws of 1991, is amended to read as follows:
  S  19.  (A)  Service of process. Service of process against an associ-
ation upon the secretary of state shall be made by MAILING  THE  PROCESS
AND  NOTICE  OF  SERVICE  THEREOF  BY  CERTIFIED  MAIL,  RETURN  RECEIPT
REQUESTED, TO SUCH CORPORATION OR OTHER BUSINESS  ENTITY,  AT  THE  POST
OFFICE  ADDRESS,  ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS
PURPOSE. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A  DUPLICATE  COPY
OF  SUCH  PROCESS  AND PROOF OF MAILING SHALL BE personally [delivering]
DELIVERED to and [leaving] LEFT with [him] THE SECRETARY OF STATE  or  a
deputy  [secretary of state or an associate attorney, senior attorney or
attorney in the corporation division of the  department  of  state],  SO
DESIGNATED  [duplicate  copies  of  such  process  at  the office of the
department of state in the city of Albany]. At the time of such  service
the plaintiff shall pay a fee of forty dollars to the secretary of state
which  shall  be a taxable disbursement. [If the cost of registered mail
for transmitting a copy of the process  shall  exceed  two  dollars,  an
additional  fee  equal  to  such excess shall be paid at the time of the
service of such process. The secretary of state shall forthwith send  by
registered  mail  one  of  such copies to the association at the address
fixed for that purpose, as herein provided.]
  (B) PROOF OF MAILING SHALL BE BY AFFIDAVIT  OF  COMPLIANCE  WITH  THIS
SECTION.  SERVICE  OF PROCESS ON SUCH ASSOCIATION SHALL BE COMPLETE WHEN
THE SECRETARY OF STATE IS SO SERVED. If  the  action  or  proceeding  is
instituted in a court of limited jurisdiction, service of process may be
made in the manner provided in this section if the cause of action arose
within  the  territorial jurisdiction of the court and the office of the
defendant, as set forth in its statement filed pursuant to section eigh-
teen of this [chapter] ARTICLE, is within such territorial jurisdiction.
  S 23. Subdivision 2 of section 352-b of the general business  law,  as
amended  by  chapter  252  of  the  laws  of 1983, is amended to read as
follows:
  2. Service of such process upon the secretary of state shall  be  made
by  personally  delivering to and leaving with him [or], a deputy secre-
tary of state, OR WITH A PERSON AUTHORIZED BY THE SECRETARY OF STATE  TO
RECEIVE  SUCH  SERVICE a copy thereof at the office of the department of
state in the city of  Albany,  and  such  service  shall  be  sufficient
service  provided that notice of such service and a copy of such process
are forthwith sent by the attorney general to such person,  partnership,
corporation,  company,  trust or association, by registered or certified
mail with return receipt requested, at his or its office as set forth in
the "broker-dealer's statement", "salesman's statement"  or  "investment
advisor's  statement" filed in the department of law pursuant to section
three hundred fifty-nine-e or section three  hundred  fifty-nine-eee  of
this article, or in default of the filing of such statement, at the last
address  known to the attorney general. Service of such process shall be
complete on receipt by the attorney general of a return receipt purport-
ing to be signed by the addressee or a person qualified to  receive  his

S. 6408--A                         39                         A. 9008--A

or  its  registered  or certified mail, in accordance with the rules and
customs of the post office department, or, if acceptance was refused  by
the  addressee or his or its agent, on return to the attorney general of
the  original envelope bearing a notation by the postal authorities that
receipt thereof was refused.
  S 24. Section 686 of the general business law, as added by chapter 730
of the laws of 1980, is amended to read as follows:
  S 686. Designation of secretary of state as agent for service of proc-
ess; service of process. Any person who shall offer to sell  or  sell  a
franchise  in  this  state  as  a franchisor, subfranchisor or franchise
sales agent shall be deemed to have irrevocably appointed the  secretary
of  state  as  his  or  its  agent  upon whom may be served any summons,
complaint, subpoena, subpoena duces tecum, notice, order or other  proc-
ess  directed to such person, or any partner, principal, officer, sales-
man or director thereof, or his or its successor, administrator or exec-
utor, in any action, investigation, or  proceeding  which  arises  under
this article or a rule hereunder, with the same force and validity as if
served  personally  on  such  person.  Service  of such process upon the
secretary of state shall be made by personally delivering to and leaving
with [him] THE SECRETARY OF STATE or a deputy [secretary of  state],  OR
WITH  ANY  PERSON  AUTHORIZED  BY THE SECRETARY OF STATE TO RECEIVE SUCH
SERVICE, a copy thereof at the office of the department  of  state,  and
such  service  shall  be sufficient provided that notice of such service
and a copy of such process are sent forthwith by the department to  such
person,  by  registered or certified mail with return receipt requested,
at his address as set forth in the application for registration  of  his
offering  prospectus  or  in  the  registered offering prospectus itself
filed with the department of law pursuant to this article, or in default
of the filing of such application or prospectus,  at  the  last  address
known  to the department. Service of such process shall be complete upon
receipt by the department of a return receipt purporting to be signed by
the addressee or a person qualified to receive his or its registered  or
certified  mail,  in  accordance  with the rules and customs of the post
office department, or, if acceptance was refused  or  unclaimed  by  the
addressee or his or its agent, or if the addressee moved without leaving
a  forwarding  address,  upon  return  to the department of the original
envelope bearing a notation by the postal authorities that receipt ther-
eof was refused or that such mail was otherwise undeliverable.
  S 25. Paragraph 4 of subdivision (e) of section  203  of  the  limited
liability  company  law, as added by chapter 470 of the laws of 1997, is
amended to read as follows:
  (4) a designation of the secretary of state as agent  of  the  limited
liability  company  upon  whom  process against it may be served and the
post office address, within or without this state, to which [the  secre-
tary  of  state]  A  PERSON shall mail a copy of any process against the
limited liability company served upon [him  or  her]  THE  SECRETARY  OF
STATE;
  S  26.  Paragraph  4  of subdivision (a) of section 206 of the limited
liability company law, as amended by chapter 44 of the laws of 2006,  is
amended to read as follows:
  (4)  a  statement  that  the secretary of state has been designated as
agent of the limited liability company upon whom process against it  may
be  served and the post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE;

S. 6408--A                         40                         A. 9008--A

  S 27. Paragraph 6 of subdivision (d) of section  211  of  the  limited
liability company law is amended to read as follows:
  (6)  a  change  in  the post office address to which [the secretary of
state] A PERSON shall mail a copy of any  process  against  the  limited
liability  company  served  upon  [him or her] THE SECRETARY OF STATE if
such change is made other than pursuant to section three hundred one  of
this chapter;
  S  28. Section 211-A of the limited liability company law, as added by
chapter 448 of the laws of 1998, is amended to read as follows:
  S 211-A. Certificate of change. (a) A limited  liability  company  may
amend  its  articles of organization from time to time to (i) specify or
change the location of the  limited  liability  company's  office;  (ii)
specify  or  change  the  post office address to which [the secretary of
state] A PERSON shall mail a copy of any  process  against  the  limited
liability  company  served  upon [him] THE SECRETARY OF STATE; and (iii)
make, revoke or change the designation of a registered agent, or specify
or change the address of the registered agent.  Any  one  or  more  such
changes  may  be  accomplished  by  filing a certificate of change which
shall be entitled "Certificate of  Change  of ....... (name  of  limited
liability  company) under section 211-A of the Limited Liability Company
Law" and shall be signed and delivered to the department  of  state.  It
shall set forth:
  (1)  the  name  of  the  limited liability company, and if it has been
changed, the name under which it was formed;
  (2) the date the articles of organization were filed by the department
of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall  mail  a  copy  of  any
process  against  a  limited  liability company served upon [him or] THE
SECRETARY OF STATE AND/OR the address of the registered agent,  provided
such  address  being  changed  is  the address of a person, partnership,
LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such limited liability company  may  be  signed  and  delivered  to  the
department  of  state by such agent. The certificate of change shall set
forth the statements required under subdivision  (a)  of  this  section;
that  a notice of the proposed change was mailed to the domestic limited
liability company by the party signing the  certificate  not  less  than
thirty days prior to the date of delivery to the department of state and
that  such  domestic limited liability company has not objected thereto;
and that the party signing the certificate is the agent of such  limited
liability  company to whose address [the secretary of state] A PERSON is
required to mail copies of process SERVED ON THE SECRETARY OF  STATE  or
the  registered  agent,  if  such  be the case. A certificate signed and
delivered under this subdivision shall not be deemed to effect a  change
of  location  of  the  office  of the limited liability company in whose
behalf such certificate is filed.
  S 29. Paragraph 2 of subdivision (b) of section  213  of  the  limited
liability company law is amended to read as follows:
  (2)  to  change  the  post  office  address to which [the secretary of
state] A PERSON shall mail a copy of any  process  against  the  limited
liability company served upon [him or her] THE SECRETARY OF STATE; and
  S 30. Subdivisions (c) and (e) of section 301 of the limited liability
company  law, subdivision (e) as amended by section 5 of part S of chap-
ter 59 of the laws of 2015, are amended to read as follows:

S. 6408--A                         41                         A. 9008--A

  (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL  A
COPY  OF  ANY  PROCESS  SERVED UPON THE SECRETARY OF STATE AS AGENT OF A
DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMITED LIABILITY  COMPANY
SHALL  BE  DEEMED  TO BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS
STATE,  TO  WHICH  A  PERSON  SHALL  MAIL THE PROCESS SERVED AGAINST THE
LIMITED LIABILITY COMPANY AS REQUIRED BY THIS  ARTICLE.  Any  designated
post  office  address  to which the secretary of state OR A PERSON shall
mail a copy of process served upon [him or her] THE SECRETARY  OF  STATE
as  agent  of  a domestic limited liability company or a foreign limited
liability company shall continue until the filing of a certificate under
this chapter directing the mailing to a different post office address.
  [(e)] (D) (1) Except as otherwise provided in this subdivision,  every
limited liability company to which this chapter applies, shall biennial-
ly  in  the  calendar month during which its articles of organization or
application for authority were filed, or effective date thereof if stat-
ed, file on forms prescribed by the  secretary  of  state,  a  statement
setting  forth  the  post office address within or without this state to
which [the secretary of state] A PERSON shall mail a copy of any process
accepted against it served upon [him or her]  THE  SECRETARY  OF  STATE.
Such  address  shall  supersede  any  previous  address on file with the
department of state for this purpose.
  (2) The commissioner of taxation and  finance  and  the  secretary  of
state  may  agree  to  allow  limited liability companies to include the
statement specified in paragraph one of this subdivision on tax  reports
filed  with  the  department of taxation and finance in lieu of biennial
statements and in a manner prescribed by the  commissioner  of  taxation
and  finance.    If  this agreement is made, starting with taxable years
beginning on or after January first, two thousand sixteen, each  limited
liability  company required to file the statement specified in paragraph
one of this subdivision that is subject to the  filing  fee  imposed  by
paragraph  three of subsection (c) of section six hundred fifty-eight of
the tax law shall provide such statement  annually  on  its  filing  fee
payment  form  filed with the department of taxation and finance in lieu
of filing a statement under this section with the department  of  state.
However,  each  limited  liability  company required to file a statement
under this section must continue to file the biennial statement required
by this section with the department of state until the limited liability
company in fact has filed a filing fee payment form with the  department
of  taxation  and  finance that includes all required information. After
that time, the limited liability company shall continue to provide annu-
ally the statement specified in paragraph one of this subdivision on its
filing fee payment form in lieu of the biennial  statement  required  by
this subdivision.
  (3) If the agreement described in paragraph two of this subdivision is
made,  the  department  of  taxation  and  finance  shall deliver to the
department of state the statement specified in  paragraph  one  of  this
subdivision  contained  on  filing  fee payment forms. The department of
taxation and finance must, to the  extent  feasible,  also  include  the
current name of the limited liability company, department of state iden-
tification  number  for such limited liability company, the name, signa-
ture and capacity of the  signer  of  the  statement,  name  and  street
address of the filer of the statement, and the email address, if any, of
the filer of the statement.
  S  31.  Paragraphs  2  and  3 of subdivision (a), subparagraph (ii) of
paragraph 2 and subparagraph (ii) of paragraph 3 of subdivision  (e)  of

S. 6408--A                         42                         A. 9008--A

section  301-A of the limited liability company law, as added by chapter
448 of the laws of 1998, are amended to read as follows:
  (2)  that  the address of the party has been designated by the limited
liability company as the post office address to which [the secretary  of
state] A PERSON shall mail a copy of any process served on the secretary
of  state  as agent for such limited liability company, SUCH ADDRESS and
that such party wishes to resign.
  (3) that sixty days prior to the filing of the certificate of resigna-
tion OR RECEIPT OF PROCESS with the department of state  the  party  has
sent  a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered  agent  of
the designated limited liability company, if other than the party filing
the  certificate  of  resignation[,]  for  receipt of process, or if the
[resigning] DESIGNATING limited  liability  company  has  no  registered
agent,  then  to  the  last  address of the designated limited liability
company known to the party, specifying the address to which the copy was
sent. If there is no registered agent and no known address of the desig-
nating limited liability company, the party shall attach an affidavit to
the certificate stating that a diligent but unsuccessful search was made
by the party to locate the limited liability  company,  specifying  what
efforts were made.
  (ii)  sent  by or on behalf of the plaintiff to such limited LIABILITY
company by registered or certified mail with return receipt requested to
the last address of such limited liability company known to  the  plain-
tiff.
  (ii)  Where  service  of  a copy of process was effected by mailing in
accordance with this section, proof of service shall be by affidavit  of
compliance  with  this  section filed, together with the process, within
thirty days after receipt of the return receipt signed  by  the  limited
liability company or other official proof of delivery or of the original
envelope  mailed.  If a copy of the process is mailed in accordance with
this section, there shall be filed  with  the  affidavit  of  compliance
either  the  return  receipt signed by such limited LIABILITY company or
other official proof of delivery, if acceptance was refused by  it,  the
original envelope with a notation by the postal authorities that accept-
ance  was  refused.  If  acceptance was refused a copy of the notice and
process together with notice of the mailing by registered  or  certified
mail  and  refusal  to  accept  shall  be  promptly sent to such limited
liability company at the same address by ordinary mail and the affidavit
of compliance shall so state. Service of process shall be  complete  ten
days  after  such  papers  are  filed  with  the clerk of the court. The
refusal to accept delivery of the registered or  certified  mail  or  to
sign the return receipt shall not affect the validity of the service and
such  limited  liability  company  refusing to accept such registered or
certified mail shall be charged with knowledge of the contents thereof.
  S 32. Subdivision (a) of section 303 of the limited liability  company
law,  as  relettered  by  chapter 341 of the laws of 1999, is amended to
read as follows:
  (a) Service of process on the secretary of state as agent of a  domes-
tic limited liability company, [or] authorized foreign limited liability
company,  OR  OTHER BUSINESS ENTITY THAT HAS DESIGNATED THE SECRETARY OF
STATE AS AGENT FOR SERVICE OF PROCESS PURSUANT TO ARTICLE  TEN  OF  THIS
CHAPTER,  SHALL  BE  MADE  BY  MAILING THE PROCESS AND NOTICE OF SERVICE
THEREOF BY CERTIFIED MAIL, RETURN RECEIPT  REQUESTED,  TO  SUCH  LIMITED
LIABILITY  COMPANY OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS,
ON FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE.  ON  THE

S. 6408--A                         43                         A. 9008--A

SAME DAY AS SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND
PROOF OF MAILING shall be [made by] personally [delivering] DELIVERED to
and  [leaving] LEFT with the secretary of state or his or her deputy, or
with  any  person  authorized  by the secretary of state to receive such
service, at the office of the department of state in the city of Albany,
[duplicate copies of such process]  together  with  the  statutory  fee,
which fee shall be a taxable disbursement.  PROOF OF MAILING SHALL BE BY
AFFIDAVIT  OF  COMPLIANCE  WITH THIS SECTION. Service of process on such
limited liability company OR OTHER BUSINESS  ENTITY  shall  be  complete
when  the secretary of state is so served. [The secretary of state shall
promptly send one of such  copies  by  certified  mail,  return  receipt
requested,  to such limited liability company at the post office address
on file in the department of state specified for that purpose.]
  S 33. Section 305 of the limited liability company law is  amended  to
read as follows:
  S  305.  Records  of  process  served on the secretary of state.   The
[secretary of state] DEPARTMENT OF STATE shall keep  a  record  of  each
process served upon the secretary of state under this chapter, including
the  date of such service [and the action of the secretary of state with
reference thereto]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF THE PROCESS BY AN AUTHORIZED PERSON,  THE  DATE  AND  PLACE  OF  SUCH
SERVICE  AND  THE  RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE
SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE  DEPART-
MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
  S  34.  Paragraph  4  of subdivision (a) of section 802 of the limited
liability company law, as amend by chapter 470 of the laws of  1997,  is
amended to read as follows:
  (4)  a  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it  served  upon  [him  or  her]  THE
SECRETARY OF STATE;
  S  35. Section 804-A of the limited liability company law, as added by
chapter 448 of the laws of 1998, is amended to read as follows:
  S 804-A. Certificate of change. (a) A foreign limited liability compa-
ny may amend its application for authority from  time  to  time  to  (i)
specify  or  change  the  location  of  the  limited liability company's
office; (ii) specify or change the post office  address  to  which  [the
secretary  of  state]  A PERSON shall mail a copy of any process against
the limited liability company served upon [him] THE SECRETARY OF  STATE;
and  (iii)  to  make,  revoke  or change the designation of a registered
agent, or to specify or change the address of a  registered  agent.  Any
one  or more such changes may be accomplished by filing a certificate of
change which shall be entitled "Certificate of Change of ........  (name
of limited liability company) under section 804-A of the Limited Liabil-
ity  Company Law" and shall be signed and delivered to the department of
state. It shall set forth:
  (1) the name of the foreign limited liability company and, if applica-
ble, the fictitious name the limited liability company has agreed to use
in this state pursuant to section eight hundred two of this article;
  (2) the date its application for authority was filed by the department
of state; and
  (3) each change effected thereby[,].
  (b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall  mail  a  copy  of  any

S. 6408--A                         44                         A. 9008--A

process against a foreign limited liability company served upon [him or]
THE  SECRETARY  OF  STATE  AND/OR  the  address of the registered agent,
provided such address being changed is the address of a person, partner-
ship [or], corporation OR OTHER LIMITED LIABILITY COMPANY whose address,
as  agent,  is  the address to be  changed or who has been designated as
registered agent for such limited liability company may  be  signed  and
delivered  to  the department of state by such agent. The certificate of
change shall set forth the statements required under subdivision (a)  of
this  section;  that  a  notice of the proposed change was mailed to the
foreign limited liability company by the party signing  the  certificate
not  less  than thirty days prior to the date of delivery to the depart-
ment of state and that such foreign limited liability  company  has  not
objected  thereto;  and  that  the  party signing the certificate is the
agent of such foreign limited liability company to  whose  address  [the
secretary  of  state]  A  PERSON  is  required to mail copies of process
SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the
case. A certificate signed and delivered under  this  subdivision  shall
not  be  deemed  to  effect  a  change  of location of the office of the
foreign limited liability company in whose behalf  such  certificate  is
filed.
  S  36.  Paragraph  6  of subdivision (b) of section 806 of the limited
liability company law is amended to read as follows:
  (6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him or her] THE SECRETARY OF STATE.
  S 37. Paragraph 11 of subdivision (a) of section 1003 of  the  limited
liability company law, as amended by chapter 374 of the laws of 1998, is
amended to read as follows:
  (11)  a  designation  of the secretary of state as its agent upon whom
process against it may be served in the  manner  set  forth  in  article
three  of  this  chapter in any action or special proceeding, and a post
office address, within or without this state, to which [the secretary of
state] A PERSON shall mail a copy of any process  served  upon  [him  or
her]  THE  SECRETARY  OF STATE. Such post office address shall supersede
any prior address designated as the address to which  process  shall  be
mailed;
  S  38.  Clause  (iv) of subparagraph (A) of paragraph 2 of subdivision
(c) of section 1203 of the limited liability company law, as amended  by
chapter 44 of the laws of 2006, is amended to read as follows:
  (iv)  a  statement  that the secretary of state has been designated as
agent of the professional service limited liability  company  upon  whom
process  against it may be served and the post office address, within or
without this state, to which [the secretary of  state]  A  PERSON  shall
mail  a  copy  of  any  process  against it served upon [him or her] THE
SECRETARY OF STATE;
  S 39. Paragraph 6 of subdivision (a) and subparagraph 5  of  paragraph
(i)  of subdivision (d) of section 1306 of the limited liability company
law, subparagraph 5 of paragraph (i) of subdivision (d)  as  amended  by
chapter 44 of the laws of 2006, are amended to read as follows:
  (6)  a  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it  served  upon  [him  or  her]  THE
SECRETARY OF STATE; and
  (5)  a  statement  that  the secretary of state has been designated as
agent of the foreign professional service limited liability company upon

S. 6408--A                         45                         A. 9008--A

whom process against it may be served and the post office address, with-
in or without this state, to which [the secretary  of  state]  A  PERSON
shall mail a copy of any process against it served upon [him or her] THE
SECRETARY OF STATE;
  S  40.  Paragraph (d) of section 304 of the not-for-profit corporation
law, as amended by chapter 358 of the laws of 2015, is amended  to  read
as follows:
  (d)  ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL A
COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE  AS  AGENT  OF  A
DOMESTIC  CORPORATION  OR  FOREIGN CORPORATION SHALL BE DEEMED TO BE THE
POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE,  TO  WHICH  A  PERSON
SHALL  MAIL  THE  PROCESS  SERVED AGAINST THE CORPORATION AS REQUIRED BY
THIS ARTICLE. Any designated [post-office] POST OFFICE address to  which
the  secretary  of state OR A PERSON shall mail a copy of process served
upon [him or her] THE SECRETARY OF STATE as agent of a  domestic  corpo-
ration formed under article four of this chapter or foreign corporation,
shall  continue  until  the  filing  of a certificate under this chapter
directing the mailing to a different [post-office] POST OFFICE address.
  S 41. Paragraph (a) of section 305 of the  not-for-profit  corporation
law,  as  amended by chapter 549 of the laws of 2013, is amended to read
as follows:
  (a) Every domestic corporation or authorized foreign  corporation  may
designate  a  registered  agent  in this state upon whom process against
such corporation may be served. The agent shall be a natural person  who
is  a  resident of or has a business address in this state or a domestic
corporation or foreign corporation of any kind formed[,]  or  authorized
to  do  business  in  this  state, under this chapter or under any other
statute of this state, OR A DOMESTIC  LIMITED  LIABILITY  COMPANY  OR  A
FOREIGN  LIMITED  LIABILITY  COMPANY  AUTHORIZED  TO DO BUSINESS IN THIS
STATE.
  S 42. Paragraph (b) of section 306 of the  not-for-profit  corporation
law, as amended by chapter 23 of the laws of 2014, is amended to read as
follows:
  (b)  Service of process on the secretary of state as agent of a domes-
tic corporation formed under article four of this chapter or an  author-
ized foreign corporation shall be made by MAILING THE PROCESS AND NOTICE
OF  SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
CORPORATION OR OTHER BUSINESS ENTITY, AT THE  POST  OFFICE  ADDRESS,  ON
FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME
DAY  THAT  SUCH  PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND
PROOF OF MAILING SHALL  BE  personally  [delivering]  DELIVERED  to  and
[leaving] LEFT with the secretary of state or his or her deputy, or with
any person authorized by the secretary of state to receive such service,
at  the office of the department of state in the city of Albany, [dupli-
cate copies of such process] together with the statutory fee, which  fee
shall be a taxable disbursement.  PROOF OF MAILING SHALL BE BY AFFIDAVIT
OF  COMPLIANCE WITH THIS SECTION. Service of process on such corporation
OR OTHER BUSINESS ENTITY shall be complete when the secretary  of  state
is  so served.   [The secretary of state shall promptly send one of such
copies by certified mail, return receipt requested, to such corporation,
at the post office address, on file in the department of  state,  speci-
fied  for  the  purpose.] If a domestic corporation formed under article
four of this chapter or an authorized foreign corporation  has  no  such
address  on  file  in  the  department of state, the [secretary of state
shall so mail such] DUPLICATE copy OF THE PROCESS  SHALL  BE  MAILED  to

S. 6408--A                         46                         A. 9008--A

such  corporation at the address of its office within this state on file
in the department.
  S  43.  Subparagraph 6 of paragraph (a) of section 402 of the not-for-
profit corporation law, as added by chapter 564 of the laws of 1981  and
as  renumbered by chapter 132 of the laws of 1985, is amended to read as
follows:
  (6) A designation of the secretary of state as  agent  of  the  corpo-
ration  upon  whom  process against it may be served and the post office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served  upon  [him]
THE SECRETARY OF STATE.
  S  44.  Subparagraph 7 of paragraph (b) of section 801 of the not-for-
profit corporation law, as amended by chapter 438 of the laws  of  1984,
is amended to read as follows:
  (7)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  45.  Subparagraph 2 of paragraph (c) of section 802 of the not-for-
profit corporation law, as amended by chapter 186 of the laws  of  1983,
is amended to read as follows:
  (2)  To specify or change the post office address to which [the secre-
tary of state] A PERSON shall mail a copy of  any  process  against  the
corporation served upon [him] THE SECRETARY OF STATE.
  S  46.  Subparagraph 6 of paragraph (a) of section 803 of the not-for-
profit corporation law, as amended by chapter 23 of the laws of 2014, is
amended to read as follows:
  (6) A designation of the secretary of state as  agent  of  the  corpo-
ration  upon  whom  process against it may be served and the post office
address,   within or without this state,  to  which  [the  secretary  of
state]  A PERSON shall mail a copy of any process against it served upon
the secretary OF STATE.
  S 47. Paragraph (b) of section 803-A of the not-for-profit corporation
law, as amended by chapter 172 of the laws of 1999, is amended  to  read
as follows:
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against the corporation served upon [him or]  THE  SECRETARY  OF
STATE  AND/OR the address of the registered agent, provided such address
being changed is the address of a person, partnership, LIMITED LIABILITY
COMPANY or other corporation whose address, as agent, is the address  to
be  changed  or  who  has  been  designated as registered agent for such
corporation, may be signed and delivered to the department of  state  by
such  agent.  The  certificate  of change shall set forth the statements
required under subparagraphs (1), (2) and (3) of paragraph (a)  of  this
section;  that  a notice of the proposed change was mailed to the corpo-
ration by the party signing the certificate not less  than  thirty  days
prior  to  the  date  of delivery to the department and that such corpo-
ration has not objected thereto; and that the party signing the  certif-
icate  is  the agent of such corporation to whose address [the secretary
of state] A PERSON is required to mail copies of any process against the
corporation served upon [him] THE SECRETARY OF STATE or  the  registered
agent,  if  such  be  the case. A certificate signed and delivered under
this paragraph shall not be deemed to effect a change of location of the
office of the corporation in whose behalf such certificate is filed.

S. 6408--A                         47                         A. 9008--A

  S 48. Clause (E) of subparagraph 2 of paragraph (d) of section 906  of
the  not-for-profit  corporation  law, as amended by chapter 1058 of the
laws of 1971, is amended to read as follows:
  (E)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding described in subparagraph (D)  and  a  post  office  address,
within or without this state, to which [the secretary of state] A PERSON
shall  mail  a  copy of the process in such action or special proceeding
SERVED UPON THE SECRETARY OF STATE.
  S 49. Clause (F) of subparagraph 2 of paragraph (d) of section 908  of
the not-for-profit corporation law, is amended to read as follows:
  (F)  A  designation  of  the secretary of state as his agent upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding described in [subparagraph] CLAUSE  (D)  and  a  post  office
address,  within or without the state, to which [the secretary of state]
A PERSON shall mail a copy of the process  in  such  action  or  special
proceeding SERVED UPON BY THE SECRETARY OF STATE.
  S  50. Subparagraph 6 of paragraph (a) of section 1304 of the not-for-
profit corporation law, as renumbered by chapter  590  of  the  laws  of
1982, is amended to read as follows:
  (6)  A  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE.
  S 51. Subparagraph 7 of paragraph (a) of section 1308 of the  not-for-
profit  corporation  law,  as  renumbered  by chapter 186 of the laws of
1983, is amended to read as follows:
  (7) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON  shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S 52. Subparagraph 2 of paragraph (a) and  paragraph  (c)  of  section
1310  of the not-for-profit corporation law, paragraph (c) as amended by
chapter 172 of the laws of 1999, is amended to read as follows:
  (2) To specify or change the post office address to which [the  secre-
tary  of  state]  A  PERSON  shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  (c) A certificate of change of application for authority which changes
only the post office address to which [the secretary of state] A  PERSON
shall  mail  a  copy of any process against an authorized foreign corpo-
ration served upon [him or] THE SECRETARY OF STATE AND/OR which  changes
the  address  of  its  registered  agent,  provided  such address is the
address of a person, partnership, LIMITED  LIABILITY  COMPANY  or  other
corporation whose address, as agent, is the address to be changed or who
has  been  designated  as  registered  agent for such authorized foreign
corporation, may be signed and delivered to the department of  state  by
such agent. The certificate of change of application for authority shall
set  forth the statements required under subparagraphs (1), (2), (3) and
(4) of paragraph (b) of this section; that  a  notice  of  the  proposed
change was mailed by the party signing the certificate to the authorized
foreign  corporation  not  less  than  thirty  days prior to the date of
delivery to the department and that such corporation  has  not  objected
thereto; and that the party signing the certificate is the agent of such
foreign  corporation  to whose address [the secretary of state] A PERSON

S. 6408--A                         48                         A. 9008--A

is required to mail copies of process SERVED ON THE SECRETARY  OF  STATE
or  the  registered agent, if such be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location  of  the office of the corporation in whose behalf such certif-
icate is filed.
  S 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of  paragraph
(d) of section 1311 of the not-for-profit corporation law are amended to
read as follows:
  (6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  (4)  The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
  S 54. Section 1312 of the not-for-profit corporation law,  as  amended
by chapter 375 of the laws of 1998, is amended to read as follows:
S 1312. Termination of existence.
  When  an  authorized foreign corporation is dissolved or its authority
or existence is otherwise terminated or cancelled in the jurisdiction of
its incorporation or when such foreign corporation  is  merged  into  or
consolidated  with  another  foreign  corporation,  a certificate of the
secretary of state, or official performing the equivalent function as to
corporate records, of the jurisdiction of incorporation of such  foreign
corporation attesting to the occurrence of any such event or a certified
copy of an order or decree of a court of such jurisdiction directing the
dissolution  of  such foreign corporation, the termination of its exist-
ence or the cancellation of its authority  shall  be  delivered  to  the
department  of  state.    The filing of the certificate, order or decree
shall have the same effect as the filing of a certificate  of  surrender
of authority under section 1311 (Surrender of authority).  The secretary
of  state  shall  continue as agent of the foreign corporation upon whom
process against it may be served in the manner set  forth  in  paragraph
(b)  of  section  306  (Service  of  process),  in any action or special
proceeding based upon  any  liability  or  obligation  incurred  by  the
foreign  corporation  within  this  state  prior  to  the filing of such
certificate, order or decree and [he] THE PERSON  SERVING  SUCH  PROCESS
shall  promptly cause a copy of any such process to be mailed by [regis-
tered] CERTIFIED mail, return receipt requested, to such foreign  corpo-
ration  at  the  post office address on file in his office specified for
such purpose.  The post office address may be  changed  by  signing  and
delivering  to  the  department of state a certificate of change setting
forth the statements required under section 1310 (Certificate of change,
contents) to effect a change in the post office address  under  subpara-
graph (a) (4) of section 1308 (Amendments or changes).
  S  55.  Subdivision  (c) of section 121-104 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (c) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL  A
COPY  OF  ANY  PROCESS  SERVED UPON THE SECRETARY OF STATE AS AGENT OF A
DOMESTIC LIMITED PARTNERSHIP OR FOREIGN  LIMITED  PARTNERSHIP  SHALL  BE
DEEMED  TO  BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THIS STATE, TO
WHICH A PERSON SHALL MAIL THE PROCESS SERVED AGAINST THE  LIMITED  PART-
NERSHIP  AS REQUIRED BY THIS ARTICLE. Any designated post office address
to which the secretary of state OR A PERSON shall mail a copy of process
served upon [him] THE SECRETARY OF STATE as agent of a domestic  limited
partnership  or  foreign  limited  partnership  shall continue until the

S. 6408--A                         49                         A. 9008--A

filing of a certificate under this article directing the  mailing  to  a
different post office address.
  S 56. Paragraphs 1, 2 and 3 of subdivision (a) of section 121-104-A of
the  partnership  law,  as added by chapter 448 of the laws of 1998, are
amended to read as follows:
  (1) the name of the limited partnership and the date that  its  [arti-
cles  of organization] CERTIFICATE OF LIMITED PARTNERSHIP or application
for authority was filed by the department of state.
  (2) that the address of the party has been designated by  the  limited
partnership as the post office address to which [the secretary of state]
A  PERSON  shall  mail  a copy of any process served on the secretary of
state as agent for such limited partnership, and that such party  wishes
to resign.
  (3) that sixty days prior to the filing of the certificate of resigna-
tion  FOR  RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process  by
registered  or  certified mail to the address of the registered agent of
the [designated] DESIGNATING limited  partnership,  if  other  than  the
party  filing  the certificate of resignation[,] for receipt of process,
or if the [resigning] DESIGNATING limited partnership has no  registered
agent,  then to the last address of the [designated] DESIGNATING limited
partnership, known to the party, specifying the  address  to  which  the
copy  was  sent. If there is no registered agent and no known address of
the designating limited partnership the party shall attach an  affidavit
to  the  certificate stating that a diligent but unsuccessful search was
made by the party to locate the  limited  partnership,  specifying  what
efforts were made.
  S  57.  Subdivision  (a) of section 121-105 of the partnership law, as
added by chapter 950 of the laws of 1990, is amended to read as follows:
  (a) In addition to the designation of the  secretary  of  state,  each
limited partnership or authorized foreign limited partnership may desig-
nate  a  registered agent upon whom process against the limited partner-
ship may be served. The agent must be (i) a  natural  person  who  is  a
resident  of  this  state  or has a business address in this state, [or]
(ii) a domestic corporation or a foreign corporation  authorized  to  do
business  in  this  state,  OR A DOMESTIC LIMITED LIABILITY COMPANY OR A
FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED  TO  DO  BUSINESS  IN  THIS
STATE.
  S  58.  Subdivisions (a) and (c) of section 121-109 of the partnership
law, as added by chapter 950 of the laws of 1990 and  as  relettered  by
chapter 341 of the laws of 1999, are amended to read as follows:
  (a)  Service of process on the secretary of state as agent of a domes-
tic or authorized foreign limited partnership, OR OTHER BUSINESS  ENTITY
THAT HAS DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROC-
ESS PURSUANT TO THIS CHAPTER, shall be made [as follows:
  (1) By] BY MAILING THE PROCESS AND NOTICE OF SERVICE OF PROCESS PURSU-
ANT TO THIS SECTION BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
DOMESTIC  OR  AUTHORIZED  FOREIGN  LIMITED PARTNERSHIP OR OTHER BUSINESS
ENTITY, AT THE POST OFFICE ADDRESS, ON FILE IN THE DEPARTMENT OF  STATE,
SPECIFIED  FOR THAT PURPOSE. ON THE SAME DAY AS THE PROCESS IS MAILED, A
DUPLICATE COPY OF SUCH PROCESS AND PROOF OF MAILING SHALL BE  personally
[delivering]  DELIVERED  to  and  [leaving]  LEFT  with [him or his] THE
SECRETARY OF STATE OR A deputy, or with any  person  authorized  by  the
secretary of state to receive such service, at the office of the depart-
ment  of state in the city of Albany, [duplicate copies of such process]
together with the statutory fee, which fee shall be a taxable  disburse-

S. 6408--A                         50                         A. 9008--A

ment.  PROOF  OF  MAILING  SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR  OTHER  BUSI-
NESS ENTITY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
  [(2)  The  service  on  the  limited  partnership is complete when the
secretary of state is so served.
  (3) The secretary of state shall promptly send one of such  copies  by
certified mail, return receipt requested, addressed to the limited part-
nership  at the post office address, on file in the department of state,
specified for that purpose.]
  (c) The [secretary of state] DEPARTMENT OF STATE shall keep  a  record
of  all process served upon [him] IT under this section and shall record
therein the date of such service [and his action with  reference  there-
to]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE
A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS
BY  AN  AUTHORIZED  PERSON,  THE  DATE AND PLACE OF SUCH SERVICE AND THE
RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE
UNDER THIS CHAPTER SHALL BE DESTROYED BY HIM AFTER A PERIOD OF TEN YEARS
FROM SUCH SERVICE.
  S 59. Paragraph 3 of subdivision (a) and subparagraph 4  of  paragraph
(i)  of subdivision (c) of section 121-201 of the partnership law, para-
graph 3 of subdivision (a) as amended by chapter  264  of  the  laws  of
1991, and subparagraph 4 of paragraph (i) of subdivision (c), as amended
by chapter 44 of the laws of 2006, are amended to read as follows:
  (3)  a  designation  of the secretary of state as agent of the limited
partnership upon whom process against it may  be  served  and  the  post
office address, within or without this state, to which [the secretary of
state]  A PERSON shall mail a copy of any process against it served upon
[him] THE SECRETARY OF STATE;
  (4) a statement that the secretary of state  has  been  designated  as
agent  of  the  limited  partnership upon whom process against it may be
served and the post office address, within or  without  this  state,  to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him or her] THE SECRETARY OF STATE;
  S  60.  Paragraph 4 of subdivision (b) of section 121-202 of the part-
nership law, as amended by chapter 576 of the laws of 1994,  is  amended
to read as follows:
  (4)  a  change  in the name of the limited partnership, or a change in
the post office address to which [the secretary of state] A PERSON shall
mail a copy of any process against the  limited  partnership  served  on
[him]  THE SECRETARY OF STATE, or a change in the name or address of the
registered agent, if such change is made other than pursuant to  section
121-104 or 121-105 of this article.
  S  61.  Section  121-202-A of the partnership law, as added by chapter
448 of the laws of 1998, and paragraph 2 of subdivision (a)  as  amended
by chapter 172 of the laws of 1999, is amended to read as follows:
  S 121-202-A. Certificate of change. (a) A certificate of limited part-
nership  may be changed by filing with the department of state a certif-
icate of change entitled "Certificate of Change of ..... (name of limit-
ed  partnership)  under  Section  121-202-A  of  the   Revised   Limited
Partnership  Act" and shall be signed and delivered to the department of
state. A certificate of change may (i) specify or change the location of
the limited partnership's office; (ii) specify or change the post office
address to which [the secretary of state] A PERSON shall mail a copy  of
process  against the limited partnership served upon [him] THE SECRETARY
OF STATE; and (iii) make, revoke or change the designation of  a  regis-

S. 6408--A                         51                         A. 9008--A

tered  agent,  or  to  specify  or  change the address of its registered
agent. It shall set forth:
  (1)  the  name of the limited partnership, and if it has been changed,
the name under which it was formed;
  (2) the date its certificate of limited partnership was filed  by  the
department of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a limited partnership served upon [him or] THE SECRETARY
OF STATE AND/OR the address  of  the  registered  agent,  provided  such
address  being  changed is the address of a person, partnership, LIMITED
LIABILITY CORPORATION or corporation whose address,  as  agent,  is  the
address to be changed or who has been designated as registered agent for
such limited partnership shall be signed and delivered to the department
of  state  by  such agent. The certificate of change shall set forth the
statements required under subdivision (a) of this section; that a notice
of the proposed change was mailed to the domestic limited partnership by
the party signing the certificate not less than thirty days prior to the
date of delivery to the department  of  state  and  that  such  domestic
limited partnership has not objected thereto; and that the party signing
the  certificate  is  the  agent  of  such  limited partnership to whose
address [the secretary of state] A PERSON is required to mail copies  of
process  SERVED  ON  THE  SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited partnership in whose behalf such certificate is filed.
  S 62. Paragraph 4 of subdivision (a) and subparagraph 5  of  paragraph
(i)  of subdivision (d) of section 121-902 of the partnership law, para-
graph 4 of subdivision (a) as amended by chapter 172 of the laws of 1999
and subparagraph 5 of paragraph (i) of subdivision  (d)  as  amended  by
chapter 44 of the laws of 2006, are amended to read as follows:
  (4)  a  designation  of  the secretary of state as its agent upon whom
process against it may be served and the post office address, within  or
without  this  state,  to  which [the secretary of state] A PERSON shall
mail a copy of any process against it served upon [him] THE SECRETARY OF
STATE;
  (5) a statement that the secretary of state has been designated as its
agent upon whom process against it may be served  and  the  post  office
address, within or without this state, to which [the secretary of state]
A PERSON shall mail a copy of any process against it served upon [him or
her] THE SECRETARY OF STATE;
  S  63.  Section  121-903-A of the partnership law, as added by chapter
448 of the laws of 1998, is amended to read as follows:
  S 121-903-A. Certificate of change. (a) A foreign limited  partnership
may  change  its application for authority by filing with the department
of state  a  certificate  of  change  entitled  "Certificate  of  Change
of ........ (name of limited partnership) under Section 121-903-A of the
Revised  Limited  Partnership  Act" and shall be signed and delivered to
the department of state. A certificate of  change  may  (i)  change  the
location  of  the  limited  partnership's  office;  (ii) change the post
office address to which [the secretary of state] A PERSON shall  mail  a
copy  of  process  against the limited partnership served upon [him] THE
SECRETARY OF STATE; and (iii) make, revoke or change the designation  of
a  registered  agent,  or to specify or change the address of its regis-
tered agent. It shall set forth:

S. 6408--A                         52                         A. 9008--A

  (1) the name of the foreign limited partnership  and,  if  applicable,
the fictitious name the foreign limited partnership has agreed to use in
this state pursuant to section 121-902 of this article;
  (2) the date its application for authority was filed by the department
of state; and
  (3) each change effected thereby.
  (b) A certificate of change which changes only the post office address
to  which  [the  secretary  of  state] A PERSON shall mail a copy of any
process against a foreign limited partnership served upon [him  or]  THE
SECRETARY  OF STATE AND/OR the address of the registered agent, provided
such address being changed is the  address  of  a  person,  partnership,
LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such  foreign  limited  partnership shall be signed and delivered to the
department of state by such agent. The certificate of change  shall  set
forth  the  statements  required  under subdivision (a) of this section;
that a notice of the proposed change was mailed to the  foreign  limited
partnership  by  the  party signing the certificate not less than thirty
days prior to the date of delivery to the department of state  and  that
such  foreign limited partnership has not objected thereto; and that the
party signing the certificate is the agent of such foreign limited part-
nership to whose address [the secretary of state] A PERSON  is  required
to mail copies of process SERVED ON THE SECRETARY OF STATE or the regis-
tered  agent,  if  such  be the case. A certificate signed and delivered
under this subdivision shall  not  be  deemed  to  effect  a  change  of
location  of  the office of the limited partnership in whose behalf such
certificate is filed.
  S 64. Paragraph 6 of subdivision (b) of section 121-905 of  the  part-
nership  law, as added by chapter 950 of the laws of 1990, is amended to
read as follows:
  (6) a post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
  S 65. Paragraph 7 of subdivision (a) of section 121-1103 of the  part-
nership  law, as added by chapter 950 of the laws of 1990, is amended to
read as follows:
  (7) A designation of the secretary of state as  its  agent  upon  whom
process  against  it  may  be  served in the manner set forth in section
121-109 of this article in any action or special proceeding, and a  post
office address, within or without this state, to which [the secretary of
state]  A  PERSON shall mail a copy of any process served upon [him] THE
SECRETARY OF STATE.  Such post office address shall supersede any  prior
address designated as the address to which process shall be mailed.
  S  66.  Subparagraphs  2 and 4 of paragraph (I) of subdivision (a) and
clause 4 of subparagraph (A) of paragraph (II) of  section  121-1500  of
the partnership law, subparagraph 2 of paragraph (I) as added by chapter
576  of  the laws of 1994, subparagraph 4 of paragraph (I) as amended by
chapter 643 of the laws of 1995 and such paragraph  as  redesignated  by
chapter  767  of  the  laws  of 2005 and clause 4 of subparagraph (A) of
paragraph (II) as amended by chapter 44 of the laws of 2006, are amended
to read as follows:
  (2) the address, WITHIN THIS STATE, of the  principal  office  of  the
partnership without limited partners;
  (4)  a  designation of the secretary of state as agent of the partner-
ship without limited partners upon whom process against it may be served
and the post office address, within or without this state, to which  the

S. 6408--A                         53                         A. 9008--A

[secretary  of  state] A PERSON shall mail a copy of any process against
it or served [upon it] ON THE SECRETARY OF STATE;
  (4)  a  statement  that  the secretary of state has been designated as
agent of the registered limited liability partnership upon whom  process
against  it may be served and the post office address, within or without
this state, to which [the secretary of state] A PERSON shall mail a copy
of any process against it served upon [him  or  her]  THE  SECRETARY  OF
STATE;
  S 67. Paragraphs (ii) and (iii) of subdivision (g) of section 121-1500
of  the partnership law, as amended by section 8 of part S of chapter 59
of the laws of 2015, are amended to read as follows:
  (ii) the address, WITHIN THIS STATE, of the principal  office  of  the
registered limited liability partnership, (iii) the post office address,
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process accepted against it served upon [him or
her]  THE SECRETARY OF STATE, which address shall supersede any previous
address on file with the department of state for this purpose, and
  S 68. Subdivision (j-1) of section 121-1500 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
  (j-1) A certificate of change  which  changes  only  the  post  office
address  to which [the secretary of state] A PERSON shall mail a copy of
any process against a registered limited  liability  partnership  served
upon  [him]  THE SECRETARY OF STATE AND/or the address of the registered
agent, provided such address being changed is the address of  a  person,
partnership,  LIMITED LIABILITY COMPANY or corporation whose address, as
agent, is the address to be changed or who has been designated as regis-
tered agent for such registered limited liability partnership  shall  be
signed  and  delivered  to  the  department  of state by such agent. The
certificate of change shall set forth: (i) the name  of  the  registered
limited  liability  partnership  and,  if  it has been changed, the name
under which it was originally filed with the department of  state;  (ii)
the  date  of  filing  of  its initial registration or notice statement;
(iii) each change effected thereby; (iv) that a notice of  the  proposed
change  was  mailed  to  the  limited liability partnership by the party
signing the certificate not less than thirty days prior to the  date  of
delivery  to  the  department  of  state and that such limited liability
partnership has not objected thereto; and (v) that the party signing the
certificate is the agent of such limited liability partnership to  whose
address  [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or  the  registered  agent,  if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the  limited  liability  partnership in whose behalf such certificate is
filed. The certificate of change shall be accompanied by a fee  of  five
dollars.
  S  69.  Subdivision (a) of section 121-1502 of the partnership law, as
amended by chapter 643 of the laws of 1995, and paragraph (v) as amended
by chapter 470 of the laws of 1997, are amended to read as follows:
  (a) In order for a foreign limited liability partnership to  carry  on
or  conduct  or transact business or activities as a New York registered
foreign limited liability partnership in this state, such foreign limit-
ed liability partnership shall file  with  the  department  of  state  a
notice  which  shall  set  forth:  (i)  the name under which the foreign
limited liability partnership intends to carry on or conduct or transact
business or activities in this state; (ii) the date  on  which  and  the
jurisdiction  in which it registered as a limited liability partnership;

S. 6408--A                         54                         A. 9008--A

(iii) the address, WITHIN THIS STATE, of the  principal  office  of  the
foreign   limited   liability   partnership;   (iv)  the  profession  or
professions to be practiced by such foreign limited  liability  partner-
ship  and a statement that it is a foreign limited liability partnership
eligible to file a notice under this chapter; (v) a designation  of  the
secretary of state as agent of the foreign limited liability partnership
upon  whom  process against it may be served and the post office address
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process against it [or] served  upon  [it]  THE
SECRETARY OF STATE; (vi) if the foreign limited liability partnership is
to  have  a  registered  agent, its name and address in this state and a
statement that the registered agent is to be the agent  of  the  foreign
limited  liability  partnership  upon  whom  process  against  it may be
served; (vii) a statement that its registration as a  limited  liability
partnership is effective in the jurisdiction in which it registered as a
limited  liability partnership at the time of the filing of such notice;
(viii) a statement that the foreign  limited  liability  partnership  is
filing  a  notice  in  order  to  obtain status as a New York registered
foreign limited liability partnership; (ix) if the registration  of  the
foreign limited liability partnership is to be effective on a date later
than  the  time  of  filing, the date, not to exceed sixty days from the
date of filing, of  such  proposed  effectiveness;  and  (x)  any  other
matters  the foreign limited liability partnership determines to include
in the notice. Such notice shall be accompanied by either (1) a copy  of
the  last  registration  or renewal registration (or similar filing), if
any, filed by the foreign limited liability partnership with the  juris-
diction  where it registered as a limited liability partnership or (2) a
certificate, issued by the jurisdiction where it registered as a limited
liability partnership, substantially to the  effect  that  such  foreign
limited  liability  partnership  has  filed  a registration as a limited
liability partnership which is effective on the date of the  certificate
(if  such  registration,  renewal  registration  or  certificate is in a
foreign language, a translation thereof under  oath  of  the  translator
shall  be  attached thereto). Such notice shall also be accompanied by a
fee of two hundred fifty dollars.
  S 70. Subparagraphs (ii) and (iii) of paragraph (I) of subdivision (f)
of section 121-1502 of the partnership law, as amended by section  9  of
part S of chapter 59 of the laws of 2015, is amended to read as follows:
  (ii)  the  address,  WITHIN THIS STATE, of the principal office of the
New York registered foreign limited  liability  partnership,  (iii)  the
post  office address, within or without this state, to which [the secre-
tary of state] A PERSON shall  mail  a  copy  of  any  process  accepted
against  it  served  upon  [him  or  her]  THE SECRETARY OF STATE, which
address shall supersede any previous address on file with the department
of state for this purpose, and
  S 71. Clause 5 of subparagraph (A) of paragraph  (II)  of  subdivision
(f) of section 121-1502 of the partnership law, as amended by chapter 44
of the laws of 2006, is amended to read as follows:
  (5)  a  statement  that  the secretary of state has been designated as
agent of the foreign limited liability  partnership  upon  whom  process
against  it may be served and the post office address, within or without
this state, to which [the secretary of state] A PERSON shall mail a copy
of any process against it served upon [him  or  her]  THE  SECRETARY  OF
STATE;
  S 72. Subdivision (i-1) of section 121-1502 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:

S. 6408--A                         55                         A. 9008--A

  (i-1)  A  certificate  of  change  which  changes only the post office
address to which [the secretary of state] A PERSON shall mail a copy  of
any  process  against  a  New  York registered foreign limited liability
partnership served upon [him] THE SECRETARY OF STATE AND/or the  address
of  the  registered  agent,  provided  such address being changed is the
address of a person, partnership, LIMITED LIABILITY  COMPANY  or  corpo-
ration  whose address, as agent, is the address to be changed or who has
been designated as registered agent of such registered  foreign  limited
liability partnership shall be signed and delivered to the department of
state  by such agent. The certificate of change shall set forth: (i) the
name of the New York registered foreign limited  liability  partnership;
(ii) the date of filing of its initial registration or notice statement;
(iii)  each  change effected thereby; (iv) that a notice of the proposed
change was mailed to the limited  liability  partnership  by  the  party
signing  the  certificate not less than thirty days prior to the date of
delivery to the department of state  and  that  such  limited  liability
partnership has not objected thereto; and (v) that the party signing the
certificate  is the agent of such limited liability partnership to whose
address [the secretary of state] A PERSON is required to mail copies  of
process  SERVED  ON  THE  SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited liability partnership in whose behalf  such  certificate  is
filed.  The  certificate of change shall be accompanied by a fee of five
dollars.
  S 73. Subdivision (a) of section 121-1505 of the partnership  law,  as
added  by  chapter  470  of  the  laws of 1997, is amended and three new
subdivisions (d), (e) and (f) are added to read as follows:
  (a) Service of process on the secretary of state as agent of a  regis-
tered  limited  liability  partnership  OR  NEW  YORK REGISTERED FOREIGN
LIMITED LIABILITY PARTNERSHIP under this article shall be made by  MAIL-
ING  THE PROCESS AND NOTICE OF SERVICE THEREOF BY CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, TO SUCH REGISTERED LIMITED LIABILITY  PARTNERSHIP  OR
NEW  YORK  REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP, AT THE POST
OFFICE ADDRESS ON FILE IN THE DEPARTMENT OF  STATE  SPECIFIED  FOR  SUCH
PURPOSE.  ON THE SAME DATE THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY
OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH  THE  STATUTORY  FEE,
WHICH  FEE SHALL BE A TAXABLE DISBURSEMENT SHALL BE personally [deliver-
ing] DELIVERED to and [leaving] LEFT with the secretary of  state  or  a
deputy,  or  with  any  person  authorized  by the secretary of state to
receive such service, at the office of the department of  state  in  the
city  of  Albany,  [duplicate  copies of such process] together with the
statutory fee, which fee shall be a taxable disbursement. PROOF OF MAIL-
ING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS  SECTION.  Service  of
process  on  such  registered  limited liability partnership OR NEW YORK
REGISTERED FOREIGN LIMITED LIABILITY PARTNERSHIP shall be complete  when
the  secretary  of  state  is  so  served. [The secretary of state shall
promptly send one of such  copies  by  certified  mail,  return  receipt
requested, to such registered limited liability partnership, at the post
office  address  on  file  in the department of state specified for such
purpose.]
  (D) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UPON THE SECRETARY OF STATE UNDER THIS CHAPTER, INCLUDING  THE  DATE  OF
SUCH  SERVICE.  IT  SHALL,  UPON  REQUEST  MADE WITHIN TEN YEARS OF SUCH
SERVICE, ISSUE A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT
OF THE PROCESS BY AN AUTHORIZED PERSON,  THE  DATE  AND  PLACE  OF  SUCH

S. 6408--A                         56                         A. 9008--A

SERVICE  AND  THE RECEIPT OF THE STATUTORY FEE.  PROCESS SERVED UPON THE
SECRETARY OF STATE UNDER THIS CHAPTER SHALL BE DESTROYED BY THE  DEPART-
MENT OF STATE AFTER A PERIOD OF TEN YEARS FROM SUCH SERVICE.
  (E) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL  MAIL  A  COPY OF ANY PROCESS SERVED UPON HIM AS AGENT OF A REGIS-
TERED LIMITED LIABILITY  PARTNERSHIP  OR  NEW  YORK  REGISTERED  FOREIGN
LIMITED  LIABILITY  PARTNERSHIP  SHALL  BE  DEEMED TO BE THE POST OFFICE
ADDRESS TO WHICH A PERSON SHALL MAIL  THE  PROCESS  SERVED  AGAINST  THE
REGISTERED  LIMITED LIABILITY PARTNERSHIP OR NEW YORK REGISTERED FOREIGN
LIMITED LIABILITY PARTNERSHIP PURSUANT TO THIS ARTICLE.
  (F) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
OR A PERSON SHALL MAIL ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW  YORK  REGIS-
TERED  FOREIGN  LIMITED  LIABILITY  PARTNERSHIP SHALL CONTINUE UNTIL THE
FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE  MAILING  TO  A
DIFFERENT POST OFFICE ADDRESS.
  S  74.  Subdivision (b) of section 121-1506 of the partnership law, as
added by chapter 448 of the laws of 1998, and paragraph 4 as amended  by
chapter 172 of the laws of 1999, is amended to read as follows:
  (b)  The party (or the party's legal representative) whose post OFFICE
address has been supplied by a  limited  liability  partnership  as  its
address  for  process may resign. A certificate entitled "Certificate of
Resignation for Receipt of Process  under  Section  121-1506(b)  of  the
Partnership  Law"  shall  be  signed  by such party and delivered to the
department of state. It shall set forth:
  (1) The name of the limited liability partnership and  the  date  that
its certificate of registration was filed by the department of state.
  (2)  That  the address of the party has been designated by the limited
liability partnership as the post office address to which [the secretary
of state] A PERSON shall mail a copy of any process served on the secre-
tary of state as agent for such limited liability partnership  and  that
such party wishes to resign.
  (3) That sixty days prior to the filing of the certificate of resigna-
tion  with  the  department  of  state  the party has sent a copy of the
certificate of resignation for  receipt  of  process  by  registered  or
certified  mail  to  the  address of the registered agent of the [desig-
nated] DESIGNATING limited liability  partnership,  if  other  than  the
party  filing the certificate of resignation, for receipt of process, or
if the [resigning] DESIGNATING  limited  liability  partnership  has  no
registered agent, then to the last address of the [designated] DESIGNAT-
ING  limited  liability  partnership, known to the party, specifying the
address to which the copy was sent. If there is no registered agent  and
no  known  address  of the designating limited liability partnership the
party shall attach an affidavit to the certificate stating that a  dili-
gent but unsuccessful search was made by the party to locate the limited
liability partnership, specifying what efforts were made.
  (4) That the [designated] DESIGNATING limited liability partnership is
required  to  deliver to the department of state a certificate of amend-
ment providing for the designation by the limited liability  partnership
of a new address and that upon its failure to file such certificate, its
authority to do business in this state shall be suspended.
  S  75.  Paragraph  16  of  subdivision 1 of section 103 of the private
housing finance law, as added by chapter 22 of  the  laws  of  1970,  is
amended to read as follows:
  (16)  A  designation  of the secretary of state as agent of the corpo-
ration upon whom process against it may be served and  the  post  office

S. 6408--A                         57                         A. 9008--A

address, within or without this state, to which [the secretary of state]
A  PERSON  shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
  S  76.  Subdivision  7  of  section 339-n of the real property law, is
REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
  S 77. Subdivision 2 of section 339-s of  the  real  property  law,  as
added by chapter 346 of the laws of 1997, is amended to read as follows:
  2.  [Each  such  declaration,  and any amendment or amendments thereof
shall be filed with the department of state] (A) THE BOARD  OF  MANAGERS
FOR  EACH CONDOMINIUM SUBJECT TO THIS ARTICLE SHALL FILE WITH THE SECRE-
TARY OF STATE A CERTIFICATE, IN WRITING, SIGNED, DESIGNATING THE  SECRE-
TARY  OF  STATE  AS  AGENT  OF  THE  BOARD OF MANAGERS UPON WHOM PROCESS
AGAINST IT MAY BE SERVED AND THE POST OFFICE ADDRESS TO WHICH  A  PERSON
SHALL MAIL A COPY OF SUCH PROCESS.  THE CERTIFICATE SHALL BE ACCOMPANIED
BY A FEE OF SIXTY DOLLARS.
  (B)  ANY  BOARD  OF  MANAGERS MAY CHANGE THE ADDRESS TO WHICH A PERSON
SHALL MAIL A COPY OF PROCESS SERVED UPON  THE  SECRETARY  OF  STATE,  BY
FILING  A  SIGNED CERTIFICATE OF AMENDMENT WITH THE DEPARTMENT OF STATE.
SUCH CERTIFICATE SHALL BE ACCOMPANIED BY A FEE OF SIXTY DOLLARS.
  (C) SERVICE OF PROCESS ON THE SECRETARY OF STATE AS AGENT OF  A  BOARD
OF  MANAGERS  SHALL BE MADE BY MAILING THE PROCESS AND NOTICE OF SERVICE
OF PROCESS PURSUANT TO THIS SECTION BY CERTIFIED  MAIL,  RETURN  RECEIPT
REQUESTED,  TO  SUCH  BOARD  OF MANAGERS, AT THE POST OFFICE ADDRESS, ON
FILE IN THE DEPARTMENT OF STATE, SPECIFIED FOR THIS PURPOSE. ON THE SAME
DAY THAT SUCH PROCESS IS MAILED, A DUPLICATE COPY OF  SUCH  PROCESS  AND
PROOF  OF  MAILING  SHALL  BE  PERSONALLY DELIVERED TO AND LEFT WITH THE
SECRETARY OF STATE OR A DEPUTY, OR WITH ANY  PERSON  AUTHORIZED  BY  THE
SECRETARY OF STATE TO RECEIVE SUCH SERVICE, AT THE OFFICE OF THE DEPART-
MENT  OF  STATE  IN THE CITY OF ALBANY, A DUPLICATE COPY OF SUCH PROCESS
WITH PROOF OF MAILING TOGETHER WITH THE STATUTORY FEE, WHICH SHALL BE  A
TAXABLE  DISBURSEMENT. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLI-
ANCE WITH THIS SECTION. SERVICE OF PROCESS ON A BOARD OF MANAGERS  SHALL
BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
  (D) AS USED IN THIS ARTICLE, "PROCESS" SHALL MEAN JUDICIAL PROCESS AND
ALL  ORDERS,  DEMANDS,  NOTICES OR OTHER PAPERS REQUIRED OR PERMITTED BY
LAW TO BE PERSONALLY SERVED ON A BOARD OF MANAGERS, FOR THE  PURPOSE  OF
ACQUIRING  JURISDICTION  OF  SUCH  BOARD  OF  MANAGERS  IN ANY ACTION OR
PROCEEDING, CIVIL OR CRIMINAL, WHETHER JUDICIAL,  ADMINISTRATIVE,  ARBI-
TRATIVE  OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN
OR FOR THIS STATE.
  (E) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
ANY OTHER MANNER PERMITTED BY LAW.
  (F) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UNDER THIS SECTION, INCLUDING  THE  DATE  OF  SERVICE.  IT  SHALL,  UPON
REQUEST,  MADE  WITHIN  TEN  YEARS  OF SUCH SERVICE, ISSUE A CERTIFICATE
UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF PROCESS BY AN  AUTHORIZED
PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATU-
TORY  FEE.  PROCESS  SERVED ON THE SECRETARY OF STATE UNDER THIS SECTION
SHALL BE DESTROYED BY THE DEPARTMENT OF STATE  AFTER  A  PERIOD  OF  TEN
YEARS FROM SUCH SERVICE.
  (G) ANY DESIGNATED POST OFFICE ADDRESS TO WHICH THE SECRETARY OF STATE
SHALL  MAIL  A COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF STATE AS
AGENT OF THE BOARD OF MANAGERS FILED WITH THE DEPARTMENT OF STATE PURSU-
ANT TO THIS SECTION PRIOR TO THE EFFECTIVE DATE OF THIS PARAGRAPH  SHALL
BE DEEMED TO BE THE POST OFFICE ADDRESS TO WHICH A PERSON SHALL MAIL THE
PROCESS  AGAINST  THE  BOARD  OF  MANAGERS PURSUANT TO THIS ARTICLE. ANY

S. 6408--A                         58                         A. 9008--A

DESIGNATED POST OFFICE ADDRESS TO WHICH THE  SECRETARY  OF  STATE  OR  A
PERSON  SHALL  MAIL  A  COPY OF ANY PROCESS SERVED UPON THE SECRETARY OF
STATE AS AGENT OF A BOARD OF MANAGERS, SHALL CONTINUE UNTIL  THE  FILING
OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAILING TO A DIFFERENT
POST OFFICE ADDRESS.
  S  78. Subdivisions 3 and 4 of section 442-g of the real property law,
as amended by chapter 482 of the laws of 1963, are amended  to  read  as
follows:
  3.  Service  of such process upon the secretary of state shall be made
by personally delivering to and leaving with [him or his] THE  SECRETARY
OF  STATE OR A deputy, or with any person authorized by the secretary of
state to receive such service, at the office of the department of  state
in  the  city  of  Albany, [duplicate copies] A COPY of such process AND
PROOF OF MAILING together with a fee of five dollars if  the  action  is
solely  for  the recovery of a sum of money not in excess of two hundred
dollars and the process is so endorsed, and a fee of ten dollars in  any
other  action  or proceeding, which fee shall be a taxable disbursement.
If such process is served  upon  behalf  of  a  county,  city,  town  or
village, or other political subdivision of the state, the fee to be paid
to  the  secretary  of  state shall be five dollars, irrespective of the
amount involved or the nature of the action on  account  of  which  such
service  of  process is made. [If the cost of registered mail for trans-
mitting a copy of the process shall exceed two  dollars,  an  additional
fee  equal  to  such  excess shall be paid at the time of the service of
such process.] PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH
THIS SECTION. Proof of service shall be by affidavit of compliance  with
this  subdivision  filed  by or on behalf of the plaintiff together with
the process, within ten days after such service, with the clerk  of  the
court  in  which  the  action or special proceeding is pending.  Service
made as provided in this section shall be complete ten days  after  such
papers  are  filed  with  the clerk of the court and shall have the same
force and validity as if served on him personally within the  state  and
within  the territorial jurisdiction of the court from which the process
issues.
  4. The [secretary of state] PERSON SERVING SUCH PROCESS shall [prompt-
ly] send [one of] such [copies] PROCESS by [registered] CERTIFIED  mail,
return  receipt  requested,  to  the  nonresident  broker or nonresident
salesman at the post office address of his main office as set  forth  in
the last application filed by him.
  S 79. Subdivision 2 of section 203 of the tax law, as amended by chap-
ter 100 of the laws of 1964, is amended to read as follows:
  2.    Every  foreign  corporation  (other  than a moneyed corporation)
subject to the provisions of this article, except a corporation having a
certificate of authority [under section two hundred twelve of the gener-
al corporation law] or having authority to  do  business  by  virtue  of
section  thirteen  hundred  five  of the business corporation law, shall
file in the department of state a  certificate  of  designation  in  its
corporate  name, signed and acknowledged by its president or a vice-pre-
sident or its secretary or treasurer, under its corporate  seal,  desig-
nating  the  secretary  of  state  as its agent upon whom process in any
action provided for by this article may be served within this state, and
setting forth an address to which [the  secretary  of  state]  A  PERSON
shall  mail a copy of any such process against the corporation which may
be served upon [him] THE SECRETARY OF STATE.   In case any  such  corpo-
ration  shall  have  failed  to file such certificate of designation, it
shall be deemed to have designated the secretary of state as  its  agent

S. 6408--A                         59                         A. 9008--A

upon whom such process against it may be served; and until a certificate
of  designation shall have been filed the corporation shall be deemed to
have directed [the secretary of state] A PERSON SERVING PROCESS to  mail
copies of process served upon [him] THE SECRETARY OF STATE to the corpo-
ration  at  its  last  known office address within or without the state.
When a certificate of designation has been  filed  by  such  corporation
[the  secretary  of state] A PERSON SERVING PROCESS shall mail copies of
process thereafter served upon [him]  THE  SECRETARY  OF  STATE  to  the
address  set forth in such certificate.  Any such corporation, from time
to time, may change the address to which  [the  secretary  of  state]  A
PERSON is directed to mail copies of process, by filing a certificate to
that  effect  executed,  signed  and  acknowledged  in  like manner as a
certificate of designation as herein provided.  Service of process  upon
any  such  corporation  or  upon any corporation having a certificate of
authority [under section two hundred twelve of the  general  corporation
law]  or  having  authority to do business by virtue of section thirteen
hundred five of the business corporation law, in any action commenced at
any time pursuant to the provisions of this  article,  may  be  made  by
either  (1)  personally  delivering to and leaving with the secretary of
state, a deputy secretary of state or with any person authorized by  the
secretary  of  state  to  receive such service [duplicate copies] A COPY
thereof at the office of the department of state in the city of  Albany,
in  which  event  [the secretary of state] A PERSON SERVING SUCH PROCESS
shall forthwith send by  [registered]  CERTIFIED  mail,  return  receipt
requested,  [one  of such copies] A DUPLICATE COPY to the corporation at
the address designated by it or at its last known office address  within
or  without  the state, or (2) personally delivering to and leaving with
the secretary of state, a deputy secretary of state or with  any  person
authorized  by  the  secretary  of state to receive such service, a copy
thereof at the office of the department of state in the city  of  Albany
and  by  delivering  a  copy thereof to, and leaving such copy with, the
president, vice-president, secretary,  assistant  secretary,  treasurer,
assistant  treasurer,  or  cashier  of  such corporation, or the officer
performing corresponding functions under another name, or a director  or
managing agent of such corporation, personally without the state.  Proof
of such personal service without the state shall be filed with the clerk
of  the  court  in  which the action is pending within thirty days after
such service, and such service shall be complete ten  days  after  proof
thereof is filed.
  S  80. Section 216 of the tax law, as added by chapter 415 of the laws
of 1944, the opening paragraph as amended by chapter 100 of the laws  of
1964  and redesignated by chapter 613 of the laws of 1976, is amended to
read as follows:
  S 216.  Collection of taxes.   Every foreign corporation (other than a
moneyed corporation) subject to the provisions of this article, except a
corporation having a certificate of authority [under section two hundred
twelve of the general corporation law] or having authority to  do  busi-
ness  by  virtue of section thirteen hundred five of the business corpo-
ration law, shall file in the  department  of  state  a  certificate  of
designation in its corporate name, signed and acknowledged by its presi-
dent or a vice-president or its secretary or treasurer, under its corpo-
rate  seal,  designating  the  secretary of state as its agent upon whom
process in any action provided for by this article may be served  within
this  state,  and  setting  forth  an address to which [the secretary of
state] A PERSON shall mail a copy of any such process against the corpo-
ration which may be served upon him.  In case any such corporation shall

S. 6408--A                         60                         A. 9008--A

have failed to file such certificate of designation, it shall be  deemed
to  have  designated  the secretary of state as its agent upon whom such
process against it may be served; and until a certificate of designation
shall  have  been filed the corporation shall be deemed to have directed
[the secretary of state] A PERSON to mail [copies]  A  COPY  of  process
served  upon [him] THE SECRETARY OF STATE to the corporation at its last
known office address within or without the state.  When a certificate of
designation has been filed by such corporation [the secretary of  state]
A  PERSON  SERVING  SUCH  PROCESS  shall mail [copies] A COPY of process
thereafter served upon [him] PERSON SERVING SUCH PROCESS to the  address
set forth in such certificate.  Any such corporation, from time to time,
may  change  the  address  to  which  [the secretary of state] PERSON is
directed to mail copies of process, by  filing  a  certificate  to  that
effect executed, signed and acknowledged in like manner as a certificate
of  designation  as  herein provided.   Service of process upon any such
corporation or upon any corporation having a  certificate  of  authority
[under  section  two  hundred  twelve of the general corporation law] or
having authority to do business by virtue of  section  thirteen  hundred
five  of  the  business  corporation law, in any action commenced at any
time pursuant to the provisions of this article, may be made  by  either
(1)  personally delivering to and leaving with the secretary of state, a
deputy secretary of state or with any person authorized by the secretary
of state to receive such service [duplicate copies] A  COPY  thereof  at
the  office  of  the department of state in the city of Albany, in which
event [the secretary of state]  A  PERSON  SERVING  SUCH  PROCESS  shall
forthwith send by [registered] CERTIFIED mail, return receipt requested,
[one  of such copies] A DUPLICATE COPY to the corporation at the address
designated by it or at its last known office address within  or  without
the  state,  or (2) personally delivering to and leaving with the secre-
tary of state, a deputy secretary of state or with any person authorized
by the secretary of state to receive such service, a copy thereof at the
office of the department of state in the city of Albany and by  deliver-
ing  a copy thereof to, and leaving such copy with, the president, vice-
president, secretary, assistant secretary, treasurer, assistant treasur-
er,  or  cashier  of  such  corporation,  or  the   officer   performing
corresponding  functions  under  another name, or a director or managing
agent of such corporation, personally without the state.  Proof of  such
personal  service without the state shall be filed with the clerk of the
court in which the action is  pending  within  thirty  days  after  such
service, and such service shall be complete ten days after proof thereof
is filed.
  S 81. Subdivisions (a) and (b) of section 310 of the tax law, as added
by chapter 400 of the laws of 1983, is amended to read as follows:
  (a)  Designation  for  service  of  process.--Every petroleum business
which is a corporation,  except  such  a  petroleum  business  having  a
certificate of authority [under section two hundred twelve of the gener-
al  corporation  law]  or  having  authority to do business by virtue of
section thirteen hundred five of the  business  corporation  law,  shall
file  in  the  department  of  state a certificate of designation in its
corporate name, signed and acknowledged by its president or  vice-presi-
dent  or its secretary or treasurer, under its corporate seal, designat-
ing the secretary of state as its agent upon whom process in any  action
provided  for  by  this  article  may  be  served within this state, and
setting forth an address to which [the  secretary  of  state]  A  PERSON
shall  mail  a  copy of any such process against such petroleum business
which may be served upon [him] THE SECRETARY OF STATE. In case any  such

S. 6408--A                         61                         A. 9008--A

petroleum  business shall have failed to file such certificate of desig-
nation, it shall be deemed to have designated the secretary of state  as
its  agent  upon whom such process against it may be served; and until a
certificate  of designation shall have been filed such a petroleum busi-
ness shall be deemed to have directed [the secretary of state] A  PERSON
to  mail  copies  of process served upon [him] THE SECRETARY OF STATE to
such petroleum business at its last known office address within or with-
out the state. When a certificate of designation has been filed by  such
a  petroleum  business [the secretary of state] A PERSON SERVING PROCESS
shall mail copies of process thereafter served upon [him] THE  SECRETARY
OF STATE to the address set forth in such certificate. Any such petrole-
um  business,  from  time  to time, may change the address to which [the
secretary of state] A PERSON is directed to mail copies of  process,  by
filing a certificate to that effect executed, signed and acknowledged in
like manner as a certificate of designation as herein provided.
  (b)  Service  of process.--Service of process upon any petroleum busi-
ness which is a  corporation  (including  any  such  petroleum  business
having  a  certificate of authority [under section two hundred twelve of
the general corporation law] or  having  authority  to  do  business  by
virtue  of  section  thirteen  hundred  five of the business corporation
law), in any action commenced at any time pursuant to the provisions  of
this  article,  may  be  made by either (1) personally delivering to and
leaving with the secretary of state, a deputy secretary of state or with
any person authorized by the secretary of state to receive such  service
[duplicate  copies]  A  COPY  thereof at the office of the department of
state in the city of Albany, in which event [the secretary of  state]  A
PERSON  SERVING  PROCESS  shall forthwith send by [registered] CERTIFIED
mail, return receipt requested, [one of such copies] A DUPLICATE COPY to
such petroleum business at the address designated by it or at  its  last
known  office  address  within  or  without the state, or (2) personally
delivering to and leaving with the secretary of state, a  deputy  secre-
tary of state or with any person authorized by the secretary of state to
receive  such service, a copy thereof at the office of the department of
state in the city of Albany and by delivering a  copy  thereof  to,  and
leaving  such  copy  with,  the  president,  vice-president,  secretary,
assistant secretary, treasurer, assistant treasurer, or cashier of  such
petroleum  business,  or  the officer performing corresponding functions
under another name, or a director or managing agent  of  such  petroleum
business,  personally  without the state. Proof of such personal service
without the state shall be filed with the clerk of the  court  in  which
the  action  is  pending within thirty days after such service, and such
service shall be complete ten days after proof thereof is filed.
  S 82. This act shall take effect on  the  one  hundred  twentieth  day
after it shall have become a law.

                                 PART O

  Section  1. Chapter 912 of the laws of 1920 relating to the regulation
of boxing, sparring, and wrestling is REPEALED.
  S 2. Article 40 and sections 900 and 901 of the general business  law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article
43  and  sections  1200  and 1201, respectively, and a new article 41 is
added to read as follows:
                               ARTICLE 41
                            COMBATIVE SPORTS
SECTION 1000. DEFINITIONS.

S. 6408--A                         62                         A. 9008--A

        1001. COMBATIVE SPORTS AUTHORIZED.
        1002. COMBATIVE SPORTS PROHIBITED.
        1003. STATE ATHLETIC COMMISSION.
        1004. JURISDICTION OF THE COMMISSION.
        1005. OFFICERS AND EMPLOYEES OF THE COMMISSION.
        1006. SANCTIONING ENTITIES.
        1007. LICENSES; GENERAL PROVISIONS.
        1008. LICENSES; JUDGES.
        1009. LICENSES; ENTITIES.
        1010. LICENSES; PROFESSIONALS.
        1011. TEMPORARY WORKING PERMITS.
        1012. TEMPORARY TRAINING FACILITIES.
        1013. MEDICAL ADVISORY BOARD.
        1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1016. REQUIRED FILINGS.
        1017. PROFESSIONAL WRESTLING; PROMOTERS.
        1018. PROHIBITED CONDUCT.
        1019. PENALTIES.
        1020. SUBPOENAS BY COMMISSION; OATHS.
        1021. EXCEPTIONS.
        1022. DISPOSITION OF RECEIPTS.
  S  1000.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY
PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO
IS NOT RECEIVING OR  COMPETING  FOR,  AND  WHO  HAS  NEVER  RECEIVED  OR
COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF
VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED
BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION.
  2.  "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE
AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY  THE
COMMISSION.
  3.  "COMBATIVE  SPORT"  MEANS  ANY UNARMED BOUT, CONTEST, COMPETITION,
MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN  AUDIENCE,  WHEREIN  THE
PARTICIPANTS  PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND
TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF  ANOTHER  PARTIC-
IPANT,  AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV-
ITIES.
  4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN
SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR  EMPLOYEE  OF
THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF.
  5.  "MIXED  MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF
ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT-
ING DISCIPLINE.
  6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE  SPORT  AUTHOR-
IZED  PURSUANT  TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING
OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR,  ANY  PURSE,
MONEY,  PRIZE,  PECUNIARY  GAIN,  OR  OTHER THING EXCEEDING SEVENTY-FIVE
DOLLARS IN VALUE.
  S 1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED  UNDER
THE  SUPERVISION  OF THE COMMISSION, UNDER THE SUPERVISION OF AN AUTHOR-
IZED SANCTIONING ENTITY, OR AS PROVIDED  FOR  IN  SECTION  ONE  THOUSAND
TWENTY-ONE  OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED COMBATIVE
SPORTS INCLUDE, AMATEUR AND PROFESSIONAL  BOXING,  WRESTLING,  SPARRING,
KICK  BOXING,  SINGLE  DISCIPLINE  MARTIAL  ARTS AND MIXED MARTIAL ARTS,
PURSUANT TO THE PROVISIONS OF THIS ARTICLE.

S. 6408--A                         63                         A. 9008--A

  S 1002. COMBATIVE SPORTS  PROHIBITED.  1.  THE  CONDUCT  OF  COMBATIVE
SPORTS  OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED SANC-
TIONING ENTITY IS PROHIBITED.
  2.  A  PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, ACTING OTHER
THAN AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY  AIDS
ANY  UNAUTHORIZED  COMBATIVE  SPORT.  SUCH  CONDUCT  INCLUDES BUT IS NOT
LIMITED TO  CONDUCT  DIRECTED  TOWARD  THE  CREATION,  ESTABLISHMENT  OR
PERFORMANCE  OF  A PROHIBITED COMBATIVE SPORT, TOWARD THE ACQUISITION OR
MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR,
TOWARD THE SOLICITATION OR INDUCEMENT OF PERSONS TO  ATTEND  OR  PARTIC-
IPATE  THEREIN,  TOWARD  THE  ACTUAL CONDUCT OF THE PERFORMANCE THEREOF,
TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR
TOWARD ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT.  ONE ADVANCES  A
PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER
AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE
FOR  PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH TO
OCCUR OR CONTINUE OR MAKES  NO  EFFORT  TO  PREVENT  ITS  OCCURRENCE  OR
CONTINUATION.
  3.  A  PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE
ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT  TO  PARTICIPATE
IN  THE  PROCEEDS  OF  A  PROHIBITED  COMBATIVE SPORT, OR PURSUANT TO AN
AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY  HE  OR  SHE  PARTIC-
IPATES  OR  IS  TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE
SPORT.
  S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE  ATHLETIC  COMMISSION,
AS  NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF  NINETEEN
HUNDRED  EIGHTY-ONE,  IS  CONTINUED  AS  A DIVISION OF THE DEPARTMENT OF
STATE. THE COMMISSION SHALL ACT  IN  THE  BEST  INTERESTS  OF  COMBATIVE
SPORTS.  THE  COMMISSION  IS  ENACTED  TO PROTECT THE HEALTH, SAFETY AND
GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS  AND  SPECTATORS
THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS
OF  LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION-
ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE  CONDUCT
OF  COMBATIVE  SPORTS  THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL
CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE  GOVERNOR  BY  AND
WITH  THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE
ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION.  THE MEMBERS OF THE
COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY  VACANCY  IN
THE  MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF
TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE  MEMBER  IN
WHOSE POSITION THE VACANCY OCCURS.
  2.  THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL-
ING AND OTHER EXPENSES INCURRED BY THEM  IN  THE  PERFORMANCE  OF  THEIR
OFFICIAL  DUTIES.  THE  MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR
THE COMMISSION, AND MAKE SUCH RULES  FOR  THE  ADMINISTRATION  OF  THEIR
OFFICE,  NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY
MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION
SHALL CONSTITUTE A QUORUM TO DO  BUSINESS;  AND  THE  CONCURRENCE  OF  A
MAJORITY  OF  THE  COMMISSIONERS  PRESENT SHALL BE NECESSARY TO RENDER A
DETERMINATION BY THE COMMISSION.  THE  COMMISSION  IS  VESTED  WITH  THE
AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS ARTICLE.
  S  1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE AND
IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS-
DICTION OVER:  1. ALL AUTHORIZED COMBATIVE SPORTS;

S. 6408--A                         64                         A. 9008--A

  2. ALL LICENSES OR PERMITS GRANTED BY THE COMMISSION TO  ANY  AND  ALL
PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS;
  3.  ALL  DETERMINATIONS  REGARDING  THE  AUTHORIZATION  OF AMATEUR AND
PROFESSIONAL SANCTIONING ENTITIES;
  4. ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT  MAIN-
TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS;
  5.  THE  PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO THE EXTENT
PROVIDED FOR IN THIS ARTICLE; AND
  6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK.
  7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL.
  S 1005. OFFICERS AND EMPLOYEES OF THE  COMMISSION.  THE  SECRETARY  OF
STATE  MAY  APPOINT,  AND  AT  HIS  OR HER PLEASURE REMOVE, AN EXECUTIVE
DIRECTOR, DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH  OTHER
EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR.
  S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU-
LATIONS  ESTABLISHING  A PROCESS BY WHICH ENTITIES MAY BE RECOGNIZED AND
APPROVED BY THE COMMISSION AS  AUTHORIZED  SANCTIONING  ENTITIES  FOR  A
PERIOD  OF  TIME  TO  BE ESTABLISHED BY THE COMMISSION, DURING WHICH THE
ENTITY WILL BE ALLOWED TO OVERSEE AND CONDUCT  COMBATIVE  SPORTS  WITHIN
THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION,
LIMIT  THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING ENTITY
TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES,
AMATEUR OR PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION  OF  THE
FOREGOING  BASED  ON  THE  QUALIFICATIONS,  INTEGRITY AND HISTORY OF THE
ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY.
  2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO:
  (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE;
  (B) WHETHER THE ENTITY REQUIRES PARTICIPANTS IN  COMBATIVE  SPORTS  TO
USE HAND, FOOT AND GROIN PROTECTION;
  (C)  WHETHER  THE ENTITY HAS AN ESTABLISHED SET OF RULES THAT REQUIRES
THE IMMEDIATE TERMINATION OF ANY COMBATIVE SPORT  WHEN  ANY  PARTICIPANT
HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS-
ICAL INJURY; AND
  (D)  WHETHER  THE  ENTITY  HAS ESTABLISHED PROTOCOLS TO EFFECTUATE THE
APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS.
  S 1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE  PROVIDED
IN  SECTIONS  ONE  THOUSAND  SIX,  ONE THOUSAND ELEVEN, AND ONE THOUSAND
SEVENTEEN OF THIS ARTICLE, WITH RESPECT TO ALL  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORTS  IN  THIS  STATE, ALL CORPORATIONS, ENTITIES, PERSONS,
REFEREES, JUDGES, MATCH-MAKERS, TIMEKEEPERS,  PROFESSIONALS,  AND  THEIR
MANAGERS,  TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION. NO
SUCH CORPORATION, ENTITY OR PERSON SHALL BE  PERMITTED  TO  PARTICIPATE,
EITHER  DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY
PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART  FOR
THE  USE  OF  PROFESSIONAL  BOXERS  OR  PROFESSIONAL  MIXED MARTIAL ARTS
PARTICIPANTS, UNLESS  SUCH  CORPORATION  OR  PERSONS  SHALL  HAVE  FIRST
PROCURED  A  LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH
BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES.
  2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A  FORM  PRESCRIBED  BY
THE   COMMISSION,  SHALL  BE  ADDRESSED  TO  THE  COMMISSION,  SHALL  BE
SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER  AS  TRUE  UNDER
THE  PENALTIES  OF  PERJURY,  AND  SHALL  SET  FORTH  SUCH  FACTS AS THE

S. 6408--A                         65                         A. 9008--A

PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF  THE  COMMISSION  MAY
REQUIRE.
  3.  (A)  THE  COMMISSION  SHALL  ESTABLISH  REASONABLE FEES, TERMS AND
RENEWAL TERMS FOR LICENSES,  PERMITS  AND  OTHER  AUTHORIZATIONS  ISSUED
PURSUANT  TO  THIS  ARTICLE,  PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL
TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF  THE
LAWS  OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO,
IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL  REMAIN  FIXED
AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT
OF  THIS  ARTICLE.  THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE
AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE
COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL  OF
THE DIRECTOR OF THE BUDGET.
  (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO
PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  WHEN  SUCH  FEES  ARE PAYABLE IN
RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS,
THE FOLLOWING SHALL APPLY:
  (I) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS  NOT
MORE  THAN  TWO  THOUSAND  FIVE HUNDRED, THE PROMOTER SHALL PAY NOT MORE
THAN FIVE HUNDRED DOLLARS;
  (II) BY PROMOTERS, FOR CONTESTS HELD WHERE  THE  SEATING  CAPACITY  IS
GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS;
  (III)  BY  PROMOTERS,  FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIVE THOUSAND, BUT NOT  MORE  THAN  FIFTEEN  THOUSAND,  THE
PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS;
  (IV)  BY  PROMOTERS,  FOR  CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIFTEEN THOUSAND, BUT NOT MORE THAN  TWENTY-FIVE  THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS;
  (V)  BY  PROMOTERS,  FOR  CONTESTS  HELD WHERE THE SEATING CAPACITY IS
GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE  THAN
THREE THOUSAND DOLLARS;
  (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS;
  (VII)  FOR  PROFESSIONAL  PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE
THAN FIFTY DOLLARS; AND
  (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS.
  4. ANY LICENSE, TEMPORARY WORK PERMIT OR  OTHER  AUTHORIZATION  ISSUED
UNDER  THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE
JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE
OR ORDER OF THE COMMISSION,  DEMONSTRATED  CONDUCT  DETRIMENTAL  TO  THE
INTERESTS  OF  AUTHORIZED  COMBATIVE  SPORTS  GENERALLY OR TO THE PUBLIC
INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF
THE HEALTH AND SAFETY OF THE LICENSEE.
  (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL  KNOCKOUT  IN  A
COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION
PHYSICIAN,  BE  SUSPENDED  BY THE COMMISSION, FOR A PERIOD DETERMINED BY
THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO  THE  COMMISSION
DURING  SUCH  PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE
UNTIL HE OR SHE HAS MET ALL REQUIREMENTS,  MEDICAL  AND  OTHERWISE,  FOR
REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN
HIS OR HER LICENSE BY A COMMISSION OFFICIAL.
  (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, IF ANY OTHER STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT
STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO  SUCH
LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.

S. 6408--A                         66                         A. 9008--A

  S  1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS
ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN  OF  THIS  ARTICLE,  ONLY  A
PERSON  LICENSED  BY  THE  COMMISSION,  AS A COMBATIVE SPORTS JUDGE, MAY
JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG-
ES  FOR  ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER THE JURISDIC-
TION OF THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM  A  LIST
OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION.
  2.  ANY  PARTICIPANT  IN  A PROFESSIONAL COMBATIVE SPORT OR HIS OR HER
MANAGER MAY PROTEST THE ASSIGNMENT OF A  JUDGE  TO  A  CONTEST  AND  THE
PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF
SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY
REJECTED.
  3.  EACH  PERSON  SEEKING  TO BE LICENSED AS A JUDGE BY THE COMMISSION
SHALL BE REQUIRED TO SUBMIT TO OR PROVIDE PROOF OF  AN  EYE  EXAMINATION
AND  ANNUALLY  THEREAFTER  ON  THE  ANNIVERSARY  OF  THE ISSUANCE OF THE
LICENSE. THE COMMISSION SHALL ESTABLISH  CONTINUING  EDUCATION  PROGRAMS
AND  REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST BE
CERTIFIED AS HAVING COMPLETED A TRAINING  PROGRAM  AS  APPROVED  BY  THE
COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION.
  4.  EACH  PERSON  SEEKING  A  LICENSE TO JUDGE AUTHORIZED PROFESSIONAL
COMBATIVE SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A  FINANCIAL
QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
JUDGE'S  FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY THE
COMMISSION.  SUCH QUESTIONNAIRE SHALL BE IN A FORM AND  MANNER  APPROVED
BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS,
INCLUDING  FINANCIAL  RESPONSIBILITY.  WITHIN  FORTY-EIGHT  HOURS OF ANY
MATCH, EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH  THE
COMMISSION  A  FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND MANNER AS
SHALL BE ACCEPTABLE TO THE COMMISSION.
  S 1009. LICENSES; ENTITIES. 1. (A) EXCEPT  AS  OTHERWISE  PROVIDED  IN
SECTIONS  ONE  THOUSAND  SIX AND ONE THOUSAND SEVENTEEN OF THIS ARTICLE,
ONLY ENTITIES LICENSED BY  THE  COMMISSION  MAY  CONDUCT  AN  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  WITHIN THE STATE. THE COMMISSION MAY, IN
ITS DISCRETION, ISSUE A LICENSE TO CONDUCT OR  HOLD  AUTHORIZED  PROFES-
SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON
OR  CORPORATION  DULY INCORPORATED, OR LIMITED LIABILITY COMPANY AUTHOR-
IZED, UNDER THE LAWS OF THE STATE OF NEW YORK.
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH
SUCH COMBATIVE SPORT IS TO BE HELD.
  (C) UPON WRITTEN APPLICATION THE COMMISSION MAY GRANT  TO  ANY  ENTITY
HOLDING  A  LICENSE  ISSUED  HEREUNDER,  THE PRIVILEGE OF HOLDING SUCH A
MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER
LOCATION, THAN THE PREMISES  OR  LOCATION  PREVIOUSLY  APPROVED  BY  THE
COMMISSION,  SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE RULES
AND REGULATIONS OF THE COMMISSION.
  2. (A) THE COMMISSION MAY, IN ITS DISCRETION AND  IN  ACCORDANCE  WITH
REGULATIONS  ADOPTED  BY THE COMMISSION TO PROTECT THE HEALTH AND SAFETY
OF PROFESSIONALS IN TRAINING, ISSUE A  LICENSE  TO  OPERATE  A  TRAINING
FACILITY  PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN
PART FOR THE USE OF PROFESSIONAL COMBATIVE  SPORTS  PARTICIPANTS.  AT  A
MINIMUM, ANY SUCH REGULATION SHALL REQUIRE:
  (I)  FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON THE
PREMISES AND FOR THE PRESENCE ON THE PREMISES OF A  PERSON  TRAINED  AND
CERTIFIED  IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR CARDIO-PULMO-

S. 6408--A                         67                         A. 9008--A

NARY RESUSCITATION AT ALL TIMES DURING WHICH THE FACILITY  IS  OPEN  FOR
TRAINING PURPOSES;
  (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS;
  (III)  ADEQUATE  VENTILATION  AND  LIGHTING OF ACCESSIBLE AREAS OF THE
TRAINING FACILITY;
  (IV) ESTABLISHMENT OF A POLICY CONCERNING THE RESTRICTION  OF  SMOKING
IN  TRAINING  AREAS,  INCLUDING  PROVISIONS  FOR  ITS ENFORCEMENT BY THE
FACILITY OPERATOR;
  (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
  (VI) INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR  COMBA-
TIVE SPORTS WILL BE HELD; AND
  (VII)  ESTABLISHMENT  OF  A  POLICY FOR POSTING ALL COMMISSION LICENSE
SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
ING PROVISIONS FOR ENFORCEMENT OF SUCH SUSPENSIONS  AND  REVOCATIONS  BY
THE FACILITY OPERATOR.
  (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF
THAT  IT  CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS TO BE
CONDUCTED, INCLUDING THE MAKING OF SUCH  TRAINING  FACILITIES  AVAILABLE
FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
PROGRESS.
  S  1010.  LICENSES;  PROFESSIONALS. 1. EXCEPT AS OTHERWISE PROVIDED IN
SECTIONS ONE THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE  THOUSAND  SEVEN-
TEEN  OF  THIS  ARTICLE,  ONLY  PERSONS LICENSED BY THE COMMISSION SHALL
COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
  2. ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE  TO
PARTICIPATE  IN  COMBATIVE  SPORTS  UNDER  THIS  ARTICLE SHALL UNDERGO A
COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM-
INATIONS BY A PHYSICIAN APPROVED BY THE COMMISSION.  IF, AT THE TIME  OF
SUCH  EXAMINATION,  THERE  IS ANY INDICATION OF BRAIN INJURY, OR FOR ANY
OTHER REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL  SHALL
BE  REQUIRED  TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY A NEUROLO-
GIST INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY  EQUIVALENT
PROCEDURES.  THE  COMMISSION SHALL NOT ISSUE A LICENSE TO A PROFESSIONAL
UNTIL SUCH EXAMINATIONS ARE COMPLETED AND REVIEWED  BY  THE  COMMISSION.
THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART
OF  THE  PROFESSIONAL'S  PERMANENT  MEDICAL  RECORD AS MAINTAINED BY THE
COMMISSION. THE COSTS OF ALL SUCH EXAMINATIONS SHALL BE ASSUMED  BY  THE
APPLICANT OR PROMOTER WITH WHICH THE PROFESSIONAL BOXER OR MIXED MARTIAL
ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER.
  3.  ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A CONDITION
OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING
TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL-
ITY TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL  RECORDS
OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL
EXAMINATION  OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED CONFIDEN-
TIAL, AND SHALL BE OPEN TO EXAMINATION ONLY TO  THE  COMMISSION  OR  ITS
AUTHORIZED  REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER UPON
WRITTEN APPLICATION TO EXAMINE SAID RECORDS, OR  UPON  THE  ORDER  OF  A
COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE.
  S  1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE TEMPORARY
WORKING PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND  SECONDS.
A  TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER
OF SUCH PERMIT TO ENGAGE IN A SINGLE AUTHORIZED  PROFESSIONAL  COMBATIVE
SPORT  AT  A  SPECIFIED  TIME AND PLACE. THE COMMISSION MAY REQUIRE THAT
PROFESSIONALS APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A  PHYSICAL
EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO-

S. 6408--A                         68                         A. 9008--A

NANCE  IMAGING  OR  MEDICALLY  EQUIVALENT  PROCEDURE.  TEMPORARY WORKING
PERMITS SHALL EXPIRE  UPON  THE  COMPLETION  OF  THE  SINGLE  AUTHORIZED
PROFESSIONAL   COMBATIVE   SPORT   AND  ANY  SUBSEQUENT  EVALUATIONS  OR
INSPECTIONS  REQUIRED  BY  THE  COMMISSION.   THE FEE FOR SUCH TEMPORARY
WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE.
  S 1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS  JUDGMENT
MAY  EXEMPT  FROM  LICENSING  UNDER  THIS  ARTICLE ANY TRAINING FACILITY
PROVIDING CONTACT SPARRING ESTABLISHED AND  MAINTAINED  ON  A  TEMPORARY
BASIS  FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC AUTHOR-
IZED COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE  OF
NEW YORK.
  S  1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD CREATED
PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN  HUNDRED
TWENTY,  AND  SUBSEQUENT  AMENDMENTS THERETO IS HEREBY CONTINUED WITHOUT
INTERRUPTION. IT SHALL REMAIN A DIVISION OF THE STATE  ATHLETIC  COMMIS-
SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR.
THE  GOVERNOR  SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON OF THE
ADVISORY BOARD. THE TERM OF A MEMBER  THEREAFTER  APPOINTED,  EXCEPT  TO
FILL  A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM OF
HIS PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE  CHAIRPERSON
OF  THE  ADVISORY  BOARD, THE GOVERNOR SHALL DESIGNATE SUCH SUCCESSOR OR
OTHER MEMBER OF THE ADVISORY BOARD AS CHAIRPERSON. A  VACANCY  OCCURRING
OTHERWISE  THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT BY
THE GOVERNOR FOR THE REMAINDER ONLY OF THE  TERM.  EACH  MEMBER  OF  THE
ADVISORY  BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE STATE
OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST
FIVE YEARS' EXPERIENCE IN THE PRACTICE OF HIS  OR  HER  PROFESSION.  THE
MEMBERS  OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY BE
FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND
SHALL BE  ALLOWED  AND  PAID  NECESSARY  TRAVELING  AND  OTHER  EXPENSES
INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE-
UNDER.
  2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE
BOARD  TO  PREPARE AND SUBMIT TO THE COMMISSION FOR APPROVAL REGULATIONS
AND STANDARDS FOR THE PHYSICAL EXAMINATION OF  PROFESSIONALS  INCLUDING,
WITHOUT  LIMITATION,  PRE-FIGHT AND POST-FIGHT EXAMINATIONS AND PERIODIC
COMPREHENSIVE EXAMINATIONS. THE BOARD SHALL  CONTINUE  TO  SERVE  IN  AN
ADVISORY  CAPACITY  TO  THE COMMISSION AND FROM TIME TO TIME PREPARE AND
SUBMIT TO THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL  REGULATIONS  AND
STANDARDS  OF  EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD THE PHYS-
ICAL WELFARE OF PROFESSIONALS LICENSED BY THE COMMISSION.  THE  ADVISORY
BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED
PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE
PURPOSE  OF  CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS AND OTHER
SERVICES AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH  PHYSICIANS,
IF  SO  EMPLOYED,  SHALL RECEIVE COMPENSATION AS FIXED BY THE COMMISSION
WITHIN AMOUNTS APPROPRIATED THEREFOR. THE PROVISIONS OF  SECTION  SEVEN-
TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO:
  (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND
  (B)  IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION TO
PROFESSIONALS.
  3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND  APPROPRIATE  MEDICAL
EDUCATION  PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT
OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE  AND
ACT  UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN
A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH.

S. 6408--A                         69                         A. 9008--A

  4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE  OF
EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS.
  5.  THE  ADVISORY  BOARD  SHALL  ADVISE THE COMMISSION ON ANY STUDY OF
EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE
THE SAFETY OF PROFESSIONALS.
  S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.    THE
COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS THAT:
  1.  ESTABLISH  PARAMETERS  AND  LIMITATIONS  ON WEIGHTS AND CLASSES OF
PROFESSIONALS;
  2. ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION  OF
ROUNDS;
  3.  ESTABLISH  THE REQUIREMENTS FOR THE PRESENCE OF MEDICAL EQUIPMENT,
MEDICAL PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN  EMER-
GENCY MEDICAL PLAN;
  4.  ESTABLISH  RESPONSIBILITIES  OF  ALL  LICENSEES BEFORE, DURING AND
AFTER AN EVENT;
  5. DEFINE UNSPORTSMANLIKE PRACTICES;
  6. ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE,  REMUNERATION
OR  PURSE,  OR  ANY  PART THEREOF BASED ON THE CONDUCT OF PROFESSIONALS,
THEIR MANAGERS AND SECONDS;
  7. ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED  EQUIP-
MENT ITEMS UTILIZED BY PROFESSIONALS;
  8.  ESTABLISH  PARAMETERS AND STANDARDS FOR RINGS, COMBAT SURFACES AND
APPURTENANCES THERETO; AND
  9. ESTABLISH SUCH OTHER RULES  AND  CONDITIONS  AS  ARE  NECESSARY  TO
EFFECTUATE THE COMMISSION'S PURPOSE.
  S  1015.  CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1.  ALL
BUILDINGS OR STRUCTURES USED OR  INTENDED  TO  BE  USED  FOR  CONDUCTING
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORTS SHALL BE PROPERLY VENTILATED
AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM
TO THE LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS  IN  THE
CITY, TOWN OR VILLAGE WHERE SITUATED.
  2.  NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY
AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO  PERSON  UNDER  SIXTEEN
YEARS  OF  AGE  SHALL  BE  PERMITTED  TO  ATTEND THEREAT AS A SPECTATOR,
PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT-
TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN.
  3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF  THIS  ARTICLE,  AT EACH AUTHORIZED PROFESSIONAL
COMBATIVE SPORT, EXCEPT WHERE CONDUCTED SOLELY  FOR  TRAINING  PURPOSES,
THERE  SHALL  BE  IN ATTENDANCE A DULY LICENSED REFEREE WHO SHALL DIRECT
AND CONTROL THE SAME. THERE SHALL ALSO BE IN  ATTENDANCE,  EXCEPT  WHERE
CONDUCTED  SOLELY  FOR TRAINING PURPOSES, THREE DULY LICENSED JUDGES WHO
SHALL AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL  COMBATIVE
SPORT  RENDER  THEIR DECISION. THE WINNER SHALL BE DETERMINED IN ACCORD-
ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.
  4. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF  THIS  ARTICLE,  THE  COMMISSION SHALL DIRECT AN
EMPLOYEE OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE  AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED.  SUCH EMPLOYEE OF THE
COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR-
IZED  PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE SAME
IN THE MANNER AND FORM PRESCRIBED BY THE COMMISSION.   WHERE  AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY

S. 6408--A                         70                         A. 9008--A

OWNED  ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO MUST
BE COMPLIED WITH.
  5.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE  MUST  BE
INSPECTED  AND  APPROVED  BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF
ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT.
  6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED
BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING  OR
COMBAT  SURFACE  AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE
COMMISSION A WRITTEN REPORT OF SUCH EXAMINATION. THE COST  OF  ANY  SUCH
EXAMINATION,  AS  PRESCRIBED  BY  A  SCHEDULE OF FEES ESTABLISHED BY THE
COMMISSION, SHALL BE PAID BY THE CORPORATION CONDUCTING  THE  AUTHORIZED
PROFESSIONAL  COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY OF
EVERY PERSON OR CORPORATION LICENSED TO CONDUCT  AN  AUTHORIZED  PROFES-
SIONAL  COMBATIVE  SPORT,  TO  HAVE  IN  ATTENDANCE  AT EVERY AUTHORIZED
PROFESSIONAL COMBATIVE SPORT, AT LEAST ONE PHYSICIAN DESIGNATED  BY  THE
COMMISSION  AS  THE  RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A
SCHEDULE OF FEES TO BE PAID BY THE LICENSEE TO COVER THE  COST  OF  SUCH
ATTENDANCE.
  7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT  IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS RECEIVED
SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS  PHYSICAL  INJURY.  IN  THE
EVENT  OF  ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL IMMEDIATELY
RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR
HOSPITALIZATION IF REQUIRED, AND FULLY REPORT THE ENTIRE MATTER  TO  THE
COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER-
EAFTER.  SUCH  PHYSICIAN  MAY ALSO REQUIRE THAT THE INJURED PROFESSIONAL
AND HIS OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES  OR  REPORT
TO  A  HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS SUCH PHYSI-
CIAN DEEMS ADVISABLE.  ANY  PROFESSIONAL  LICENSED  UNDER  THIS  ARTICLE
RENDERED  UNCONSCIOUS  OR  SUFFERING  HEAD  TRAUMA  AS DETERMINED BY THE
ATTENDING PHYSICIAN SHALL  BE  IMMEDIATELY  EXAMINED  BY  THE  ATTENDING
COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM-
INATIONS  BY  A  NEUROLOGIST INCLUDING BUT NOT LIMITED TO MAGNETIC RESO-
NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE.
  8. SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  AND MAY TERMINATE THE MATCH IF IN HIS OR
HER OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR  SERI-
OUS PHYSICAL INJURY TO A PROFESSIONAL.
  9.  BEFORE  A  LICENSE  SHALL BE GRANTED TO A PERSON OR CORPORATION TO
CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT  SHALL
EXECUTE  AND  FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE
DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND  SUFFICIENCY
OF  SURETIES  THEREON  BY  THE  SECRETARY  OF STATE, CONDITIONED FOR THE
FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI-
CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING
AND APPROVAL OF SAID BOND THE SECRETARY OF STATE  SHALL  ISSUE  TO  SAID
APPLICANT  A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY
SAID APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS  APPLICA-
TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF-
ICATE  SHALL  BE  FILED.  IN  CASE  OF  DEFAULT IN SUCH PERFORMANCE, THE
COMMISSION MAY IMPOSE UPON THE DELINQUENT A PENALTY IN THE  SUM  OF  NOT
MORE  THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE RECOVERED
BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE  STATE  OF  NEW

S. 6408--A                         71                         A. 9008--A

YORK  IN  THE  SAME  MANNER AS OTHER PENALTIES ARE RECOVERED BY LAW; ANY
AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY.
  10.  IN  ADDITION  TO  THE  BOND  REQUIRED BY SUBDIVISION NINE OF THIS
SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN  AUTHORIZED  PROFES-
SIONAL  COMBATIVE  SPORT  SHALL  EXECUTE  AND FILE WITH THE SECRETARY OF
STATE A BOND IN AN AMOUNT TO BE  DETERMINED  BY  THE  COMMISSION  TO  BE
APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY
OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS'
AND  PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED
BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING  TICKETS  AND
ALL ADVERTISING MATERIAL.
  11.  ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS
OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER
FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE
PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR-
ING IN AUTHORIZED PROFESSIONAL COMBATIVE  SPORTS  OR  WRESTLING  EXHIBI-
TIONS.  SUCH  ACCIDENT  INSURANCE  OR  FINANCIAL GUARANTEE SHALL PROVIDE
COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND  HOSPI-
TAL  CARE,  WITH  A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES
SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE  CONTROL
OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO
THE  ESTATE  OF  ANY  DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY
INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN  WHICH
SUCH  LICENSED  PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER
THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL,  SURGI-
CAL  AND  HOSPITAL  CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR
THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A  PROGRAM
OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI-
ABLE,  CAUSAL  LINK  EXISTS  BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC-
IPATION IN SUCH PROGRAM AND THE  LIFE-THREATENING  BRAIN  INJURY.  WHERE
APPLICABLE,  PROFESSIONAL  LICENSEES  SHALL  BE  AFFORDED  THE OPTION TO
SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL  GUARAN-
TEE  TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS
SUBDIVISION.  THE COMMISSION MAY FROM TIME  TO  TIME,  PROMULGATE  REGU-
LATIONS  TO  ADJUST  THE  AMOUNT  OF SUCH MINIMUM LIMITS. THE FAILURE TO
PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE
FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF  SUCH  DEFAULTING
ENTITY.
  12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY
PROFESSIONAL  OR  AMATEUR  COMBATIVE  SPORT,  INCLUDING ANY PROFESSIONAL
WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED  OR
RECEIVED,  SHALL  NOTIFY  THE  ATHLETIC  COMMISSION AT LEAST TEN DAYS IN
ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO  ANY
SUCH  PROFESSIONAL  OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING
MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED  BY
THE  STATE  ATHLETIC  COMMISSION  TO  PRINT  SUCH TICKETS AND SHALL BEAR
CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME.
  (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES OR OFFICERS OF THE COMMISSION  SHALL  ACT  AS  AGENTS  OF  THE
COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI-
CLE  NINETEEN  OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL PROVIDE THE
COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL
ASSISTANCE AS MAY BE NECESSARY FOR THE  PROPER  ADMINISTRATION  OF  SUCH
TAX.

S. 6408--A                         72                         A. 9008--A

  S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS
OR  OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR ARRANGEMENT
OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION
A WRITTEN STATEMENT EXECUTED UNDER PENALTY OF PERJURY  STATING  (A)  ALL
CHARGES,  EXPENSES,  FEES,  AND  COSTS THAT WILL BE ASSESSED AGAINST ANY
PROFESSIONAL PARTICIPATING IN THE EVENT;  (B)  ALL  PAYMENTS,  BENEFITS,
COMPLIMENTARY  BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL RECEIVE
FOR ITS AFFILIATION WITH THE EVENT; (C) THE NAME OF  THE  PROMOTER;  (D)
SPONSOR  OF  THE  EVENT;  AND  (E) ALL OTHER SOURCES, AND SUCH OTHER AND
ADDITIONAL INFORMATION AS  REQUIRED  BY  THE  COMMISSION.  SUCH  WRITTEN
STATEMENT  SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE COMMIS-
SION.
  2. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT  PARTICIPATES  IN
THE  PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS
FOR A CONTEST MUST FILE WITH THE COMMISSION A  WRITTEN  STATEMENT  UNDER
PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR
THROUGH  THE  PROMOTER  ON  THE  PROFESSIONAL  PERTAINING  TO THE EVENT,
INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL
RECEIVE AND TRAINING EXPENSES AND ALL PAYMENTS, GIFTS  OR  BENEFITS  THE
PROMOTER  IS  PROVIDING  TO ANY SANCTIONING ORGANIZATION AFFILIATED WITH
THE EVENT. SUCH WRITTEN STATEMENT SHALL BE FILED IN A  FORM  AND  MANNER
ACCEPTABLE TO THE COMMISSION.
  3.  THE  PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE  PROFESSIONALS
FOR  A  CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY AGREEMENT IN
WRITING TO WHICH THE PROMOTER IS A PARTY WITH ANY  PROFESSIONAL  PARTIC-
IPATING IN THE MATCH.
  4.  ALL  CONTRACTS  CALLING  FOR  THE SERVICES OF A PROFESSIONAL IN AN
AUTHORIZED PROFESSIONAL COMBATIVE SPORT AND  ENTERED  INTO  BY  LICENSED
PROMOTERS,  PROFESSIONALS  OR  MANAGERS AS ONE OR MORE OF THE PARTIES IN
SUCH CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS  TO
DISTRIBUTE,  TELEVISE  OR OTHERWISE TRANSMIT ANY AUTHORIZED PROFESSIONAL
COMBATIVE SPORT OVER THE AIRWAVES OR BY CABLE SHALL BE  SUBJECT  TO  THE
APPROVAL  OF  THE  COMMISSION AND COPIES THEREOF SHALL BE FILED WITH THE
COMMISSION  BY  SUCH  CORPORATION,  PROFESSIONAL   OR   MANAGER   WITHIN
FORTY-EIGHT  HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST TEN
BUSINESS DAYS PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES  OF  BOUTS,
TO  WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE FOR
GOOD CAUSE SHOWN.
  S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS
ARTICLE, "PROFESSIONAL  WRESTLING"  SHALL  MEAN  AN  ACTIVITY  IN  WHICH
PARTICIPANTS  STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF PROVID-
ING ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA  FIDE
ATHLETIC CONTEST OR COMPETITION.
  2.  EVERY  PERSON,  PARTNERSHIP  OR  CORPORATION PROMOTING ONE OR MORE
PROFESSIONAL WRESTLING EXHIBITIONS IN THIS STATE SHALL  BE  REQUIRED  TO
OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS
SUBJECT  TO  TERMS AND CONDITIONS PROMULGATED BY THE COMMISSION PURSUANT
TO RULE AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF  THIS  ARTICLE.
EACH  APPLICANT  SHALL  PAY  AN ANNUAL FEE ESTABLISHED BY THE COMMISSION
PURSUANT TO RULE.
  3. A LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION  IN  THE
STATE  SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN ADVANCE
OF THE HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL  EXECUTE  AND
FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU-
SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER-

S. 6408--A                         73                         A. 9008--A

EON  BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF
PROFESSIONAL WRESTLER'S PURSES, SALARIES OF CLUB EMPLOYEES  LICENSED  BY
THE  COMMISSION,  THE  LEGITIMATE  EXPENSES  OF PRINTING TICKETS AND ALL
ADVERTISING  MATERIAL,  PAYMENTS  TO  SPONSORING  ORGANIZATIONS, AND THE
APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX.
  4. A LICENSED PROMOTER OF A PROFESSIONAL  WRESTLING  EXHIBITION  SHALL
PROVIDE  FOR  A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND
SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR  TO  EACH  PERFORMANCE,
AND  EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD-
ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION.
  5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES  SIX
OR  MORE  EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE
AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A  WRITTEN  COPY  OF  THE
PLAN.  EACH  SUCH  PLAN  SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE
DEFINED IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH  PLAN
SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING:
  (A)  DISSEMINATION  OF EDUCATIONAL MATERIALS TO PROFESSIONAL WRESTLERS
WHO PERFORM FOR ANY SUCH PROMOTER INCLUDING A LIST OF  PROHIBITED  DRUGS
AND AVAILABLE REHABILITATION SERVICES; AND
  (B)  A  REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL WRESTLER TO
OBTAIN REHABILITATION SERVICES.
  S 1018. PROHIBITED CONDUCT. 1. NO CORPORATION OR  PERSON  SHALL  HAVE,
EITHER  DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A PROFESSIONAL
BOXER COMPETING ON PREMISES  OWNED  OR  LEASED  BY  THE  CORPORATION  OR
PERSON,  OR  IN WHICH SUCH CORPORATION OR PERSON IS OTHERWISE INTERESTED
EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.
  2. NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL  BE
PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE
COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS
OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR.
  3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY
PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR
SECOND,  WHO  SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR
COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF
HIS OR HER LICENSE BY THE COMMISSION AND  ANY  OTHER  APPROPRIATE  LEGAL
REMEDIES.
  4.  NO  LICENSED  PROMOTER  OR  MATCHMAKER SHALL KNOWINGLY ENGAGE IN A
COURSE OF CONDUCT IN WHICH FIGHTS ARE ARRANGED  WHERE  ONE  PROFESSIONAL
HAS  SKILLS  OR  EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER PROFES-
SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO
THE PROFESSIONAL.
  S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS  FROM
A  PROHIBITED  COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR,
AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN  CONVICTED
IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION.
  2.  ANY  PERSON  WHO  KNOWINGLY  ADVANCES OR PROFITS FROM A PROHIBITED
COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT  TO  EXCEED
FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN
DERIVED  THEREFROM  WHICHEVER  IS GREATER, OR FOR A SUBSEQUENT VIOLATION
TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED  THERE-
FROM  WHICHEVER  IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO
COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES  AND  TO  OBTAIN
INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION.
  3.  ANY  PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY
COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR
HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN

S. 6408--A                         74                         A. 9008--A

THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY  PERSON  WHO  PARTIC-
IPATES  IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER, TIMEKEEP-
ER, PROFESSIONAL, MANAGER,  TRAINER,  OR  SECOND  WITHOUT  FIRST  HAVING
PROCURED  AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHERE
SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF
A MISDEMEANOR. ANY PERSON, PARTNERSHIP OR  CORPORATION  WHO  PROMOTES  A
PROFESSIONAL  WRESTLING  MATCH  OR EXHIBITION IN THE STATE WITHOUT FIRST
HAVING PROCURED AN APPROPRIATE LICENSE IN ACCORDANCE  WITH  SECTION  ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR.
  4.  ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR
OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS  ARTICLE,  THAT  SHALL
KNOWINGLY  VIOLATE  ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION
OF THIS ARTICLE, IN ADDITION TO ANY OTHER  PENALTY  BY  LAW  PRESCRIBED,
SHALL  BE  LIABLE  TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS
FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR
THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION,
TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF  THE
STATE  OF  NEW  YORK  IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR
CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY
COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY  AS  IMPOSED
IN  SETTLEMENT  THEREOF.  FOR  THE PURPOSES OF THIS SECTION, EACH TRANS-
ACTION OR STATUTORY  VIOLATION  SHALL  CONSTITUTE  A  SEPARATE  OFFENSE,
EXCEPT  THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST
UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT
PROCEEDING.
  5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED  PURSU-
ANT  TO  SUBDIVISION  TWO  OF SECTION ONE THOUSAND NINE OF THIS ARTICLE,
WHICH INFRACTION MAY INCLUDE MORE THAN  ONE  INDIVIDUAL  VIOLATION,  THE
COMMISSION  MAY  IMPOSE  A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS
FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL-
ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED.   ON  THE
SECOND  SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO
FIVE HUNDRED DOLLARS FOR  EACH  HEALTH  AND  SAFETY  VIOLATION  AND  MAY
SUSPEND   THE   TRAINING  FACILITY'S  LICENSE  UNTIL  THE  VIOLATION  OR
VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT
INFRACTIONS, THE COMMISSION MAY IMPOSE A  CIVIL  FINE  OF  UP  TO  SEVEN
HUNDRED  FIFTY  DOLLARS  FOR  EACH  HEALTH  AND SAFETY VIOLATION AND MAY
REVOKE THE TRAINING FACILITY'S LICENSE.
  6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING  TO  FULLY
COMPLY  WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND
FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY  OF  FIVE  HUNDRED
DOLLARS  TO  BE  COLLECTED  BY AND PAID TO THE DEPARTMENT OF STATE.  ANY
INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM  OPERAT-
ING  ANY  SHOWS  OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS
SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE  NINE-
TEEN OF THE TAX LAW HAVE BEEN PAID.
  7.  ALL  PENALTIES  IMPOSED  AND  COLLECTED BY THE COMMISSION FROM ANY
CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS  OF
THIS  ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER
AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER-
EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY.
  S 1020. SUBPOENAS BY COMMISSION;  OATHS.  THE  COMMISSION  SHALL  HAVE
AUTHORITY  TO  ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE SEAL OF
THE COMMISSION, SUBPOENAS FOR THE ATTENDANCE  OF  WITNESSES  BEFORE  THE
COMMISSION.  A  SUBPOENA ISSUED UNDER THIS SECTION SHALL BE REGULATED BY
THE CIVIL PRACTICE LAW AND RULES.

S. 6408--A                         75                         A. 9008--A

  S 1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS  PROVIDED
IN  SUBDIVISION  TWELVE  OF SECTION ONE THOUSAND FIFTEEN OF THIS ARTICLE
SHALL NOT BE CONSTRUED TO APPLY TO ANY SPARRING  OR  BOXING  CONTEST  OR
EXHIBITION  CONDUCTED  UNDER  THE  SUPERVISION OR THE CONTROL OF THE NEW
YORK  STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS
ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION
WHERE THE CONTESTANTS ARE ALL  AMATEURS,  SPONSORED  BY  AND  UNDER  THE
SUPERVISION  OF  ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF
LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY
BUSINESS ENTITY INCORPORATED FOR THE PURPOSES OF  PROVIDING  INSTRUCTION
AND  EVALUATION  IN  A  COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF
HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR  PARTICIPATION
IN  AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO
ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE  ALL  AMATEURS
SPONSORED  BY  AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI-
ATION OR, IN THE CASE OF BOXING, THE U.S.  AMATEUR BOXING FEDERATION  OR
ITS  LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS
TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE,  TO  ANY  PROFESSIONAL
WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID-
UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS
OR  EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE
STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT  TO
THIS  SECTION  MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR
ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS.
  S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION  SHALL
BE  PAID  INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM
THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS
PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW.
  S 3. Subdivision 1 of section 451  of  the  tax  law,  as  amended  by
section  1  of  part F of chapter 407 of the laws of 1999, is amended to
read as follows:
  1. "Gross receipts from ticket  sales"  shall  mean  the  total  gross
receipts  of  every person from the sale of tickets to any [professional
or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED
COMBATIVE SPORT held in this state, and without any deduction whatsoever
for commissions, brokerage, distribution fees, advertising or any  other
expenses, charges and recoupments in respect thereto.
  S 4. Section 451 of the tax law is amended by adding a new subdivision
4 to read as follows:
  4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR-
IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW.
  S  5. Section 452 of the tax law, as amended by section 2 of part F of
chapter 407 of the laws of 1999, is amended to read as follows:
  S 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
gross receipts of every  person  holding  any  professional  or  amateur
boxing,  sparring  or  wrestling match or exhibition in this state. Such
tax shall be imposed on such gross receipts, exclusive  of  any  federal
taxes, as follows:
  (a)  three percent of gross receipts from ticket sales, except that in
no event shall the tax imposed by this  [subdivision]  PARAGRAPH  exceed
fifty thousand dollars for any match or exhibition;
  (b)  three  percent of gross receipts from broadcasting rights, except
that in no event shall the tax imposed by this  [subdivision]  PARAGRAPH
exceed fifty thousand dollars for any match or exhibition.

S. 6408--A                         76                         A. 9008--A

  2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
BY  IMPOSED  AND  SHALL  BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON
HOLDING ANY AUTHORIZED COMBATIVE SPORT IN THIS  STATE,  OTHER  THAN  ANY
PROFESSIONAL  OR  AMATEUR  BOXING,  SPARRING  OR WRESTLING EXHIBITION OR
MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS:
  (A)  EIGHT  AND  ONE-HALF PERCENT OF GROSS RECEIPTS FROM TICKET SALES;
AND
  (B) THREE PERCENT OF THE SUM OF (I) GROSS RECEIPTS  FROM  BROADCASTING
RIGHTS,  AND  (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER THE INTER-
NET, EXCEPT THAT IN NO EVENT SHALL SUCH TAX  IMPOSED  PURSUANT  TO  THIS
PARAGRAPH EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S  6.    The article heading of article 19 of the tax law, as added by
chapter 833 of the laws of 1987, is amended to read as follows:
         [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
                               SPORTS TAX
  S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
amended by section 100 of part A of chapter 389 of the laws of 1997,  is
amended to read as follows:
  (1)  Any  admission charge where such admission charge is in excess of
ten cents to or for the use of any place  of  amusement  in  the  state,
except  charges for admission to race tracks[, boxing, sparring or wres-
tling matches or  exhibitions]  OR  AUTHORIZED  COMBATIVE  SPORTS  which
charges  are  taxed  under  any  other law of this state, or dramatic or
musical arts  performances,  or  live  circus  performances,  or  motion
picture  theaters,  and  except charges to a patron for admission to, or
use of, facilities for sporting activities in which such patron is to be
a participant, such as bowling alleys and swimming pools. For any person
having the permanent use or possession of a box or seat or a lease or  a
license,  other  than a season ticket, for the use of a box or seat at a
place of amusement, the tax shall be upon the amount for which a similar
box or seat is sold for each performance or exhibition at which the  box
or seat is used or reserved by the holder, licensee or lessee, and shall
be paid by the holder, licensee or lessee.
  S  8.   The section heading of section 1820 of the tax law, as amended
by section 32 of subpart I of part V-1 of chapter  57  of  the  laws  of
2009, is amended to read as follows:
  [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax.
  S 9.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
beverage  control  law,  as added by chapter 254 of the laws of 2001, is
amended to read as follows:
  (b) The prohibition contained in paragraph (a)  of  this  subdivision,
however,  shall  not be applied to any [professional match or exhibition
which consists of boxing, sparring, wrestling, or martial arts and which
is excepted from the definition of the term "combative sport"  contained
in  subdivision  one of section five-a of chapter nine hundred twelve of
the laws of nineteen hundred twenty, as added by chapter fourteen of the
laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT.
  S 10. The department of  state,  with  the  assistance  of  the  state
athletic  commission,  medical advisory board, departments of health and
financial services, state insurance fund, division of  budget  and  such
other  state entities as appropriate, shall carefully consider potential
mechanisms to provide financial resources for the  payment  of  expenses
related  to  medical  and rehabilitative care for professionals licensed
under article forty-one of  the  general  business  law  who  experience
debilitating  brain  injuries  associated  with repetitive head injuries
sustained through their participation in combative sports.  The  depart-

S. 6408--A                         77                         A. 9008--A

ment  of  state may consult and contract with third parties for services
in the course of this review. The department of state shall  report  its
findings and recommendations to the governor, temporary president of the
senate  and speaker of the assembly within eighteen months of the effec-
tive date of this section.  In addition to the foregoing, within  twelve
months of the effective date of this section, the state athletic commis-
sion shall make any recommendations to the governor, temporary president
of  the senate and speaker of the assembly regarding legislative changes
which may be necessary to effectuate the  purpose  and  intent  of  this
chapter,  including,  but not limited to, appropriate adjustments to the
insurance requirements contained therein.
  S 11. This act shall take effect on the first day of the  first  month
next succeeding the one hundred twentieth day after it shall have become
a law and shall apply to gross receipts from combative sports held on or
after  that date; provided, however, that the addition, amendment and/or
repeal of any rule or regulation of the state athletic commission neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.

                                 PART P

  Section 1. Section 2 of chapter 584 of the laws of 2011, amending  the
public authorities law relating to the powers and duties of the dormito-
ry  authority  of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part X  of
chapter 57 of the laws of 2014, is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2016] 2018; provided however, that the expi-
ration of this act shall not impair  or  otherwise  affect  any  of  the
powers,  duties,  responsibilities,  functions, rights or liabilities of
any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
section 1678 of the public authorities law prior to such expiration.
  S 2. This act shall take effect immediately.

                                 PART Q

  Section 1. Subdivisions 10, 11, 12 and 13 of section 351 of the public
authorities  law  are  REPEALED  and  subdivision  14 of such section is
renumbered subdivision 10.
  S 2. Subdivisions 6, 8 and 10 of section 354 of the public authorities
law, subdivision 6 as amended by chapter 506 of the laws  of  2009,  and
subdivisions 8 and 10 as amended by chapter 766 of the laws of 1992, are
amended to read as follows:
  6.  To  appoint  officers,  agents and employees and fix their compen-
sation, provided, however, that the appointment of the executive  direc-
tor  shall  be  subject to confirmation by the senate in accordance with
section twenty-eight hundred fifty-two of this chapter; subject  however
to  the  provisions  of  the civil service law, which shall apply to the
authority [and to the subsidiary corporation  thereof]  as  a  municipal
corporation other than a city;
  8.  Subject  to agreements with noteholders or bondholders, to fix and
collect such fees, rentals and  charges  for  the  use  of  the  thruway
[system]  or  any part thereof necessary or convenient, with an adequate
margin of safety, to produce sufficient revenue to meet the  expense  of
maintenance  and  operation  and  to fulfill the terms of any agreements
made with the holders of its notes or bonds, and to establish the rights

S. 6408--A                         78                         A. 9008--A

and privileges granted upon payment thereof[;  provided,  however,  that
tolls may only be imposed for the passage through locks and lift bridges
by  vessels which are propelled in whole or in part by mechanical power;
and  provided  further that no tolls shall be imposed or collected prior
to the first day of April, nineteen hundred ninety-three].
  10. To construct, reconstruct or  improve  on  or  along  the  thruway
[system]  in  the  manner  herein  provided, suitable facilities for gas
stations, restaurants, and other facilities for the public, or to  lease
the  right to construct, reconstruct or improve and operate such facili-
ties; such facilities shall be publicly offered for leasing  for  opera-
tion, or the right to construct, reconstruct or improve and operate such
facilities  shall  be publicly offered under rules and regulations to be
established by the authority, provided, however, that lessees  operating
such  facilities at the time this act becomes effective, may reconstruct
or improve them or may construct  additional  like  facilities,  in  the
manner and upon such terms and conditions as the board shall determine[;
and  provided further, however, that such facilities constructed, recon-
structed or improved on or along the canal system  shall  be  consistent
with  the  canal  recreationway  plan  approved  pursuant to section one
hundred thirty-eight-c of the canal law and section three hundred eight-
y-two of this title];
  S 3. Section 355 of the public authorities law, as amended by  chapter
138 of the laws of 1997, is amended to read as follows:
  S  355.  Officers and employees; transfer, promotion and seniority. 1.
Officers and employees of state departments,  agencies,  [or  the  canal
corporation]  OR DIVISIONS may be transferred to the authority and offi-
cers, agents and employees of the authority may be transferred to  state
departments,  agencies, [or the canal corporation] OR DIVISIONS, without
examination and without loss of any civil service status or  rights.  No
such  transfer  from  the  authority [or canal corporation] to any state
department, agency, or division may, however, be made  except  with  the
approval  of  the  head  of  the  state  department, agency, or division
involved and the director of the budget and in compliance with the rules
and regulations of the state civil service commission.
  2. Promotions from positions in  state  departments  and  agencies  to
positions  in  the authority [or canal corporation], and vice versa, may
be made from interdepartmental promotion lists resulting from  promotion
examinations  in  which  employees  of  the authority[, employees of the
canal corporation,] and employees of the state are eligible  to  partic-
ipate.
  3. In computing seniority for purposes of promotion or for purposes of
suspension or demotion upon the abolition of positions in the service of
the authority or in the service of the state, in the case of an employee
of  the  authority  a  period  of prior employment in the service of the
state shall be counted in the same  manner  as  though  such  period  of
employment  had been in the service of the authority, and in the case of
an employee of the state a period of prior employment in the service  of
the  authority shall be counted in the same manner as though such period
of employment had been in the service of the state. For the purposes  of
the  establishment  and  certification  of  preferred  lists,  employees
suspended from the authority shall be eligible for reinstatement in  the
service  of  the  state, and employees suspended from the service of the
state shall be eligible for reinstatement in the service of the authori-
ty, in the same manner as though the authority were a department of  the
state.  [All provisions contained within this subdivision shall apply to

S. 6408--A                         79                         A. 9008--A

the canal corporation in the same manner that they apply to the authori-
ty.]
  S  4. Section 357 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 357. Right of authority to use state property; payment for  improve-
ments.  On  assuming  jurisdiction  of  a  thruway  highway  section  or
connection or any part thereof, or of a highway connection, [or  of  the
New  York  state  canal  system,]  the authority shall have the right to
possess and use for its corporate purposes  so  long  as  its  corporate
existence  shall continue, any real property and rights in real property
theretofore acquired by the state, including  all  improvements  thereon
[and  state  canal  lands  and  properties; provided that the use by the
authority of canal lands and properties for highway purposes  shall  not
interfere with the use thereof for canal purposes].
  S  5.  Subdivisions 2 and 3 of section 357-a of the public authorities
law are REPEALED and subdivision 1, as added by section 1 of part  E  of
chapter 58 of the laws of 2013, is amended to read as follows:
  1. Enforcement assistance [shall be] provided by the division of state
police at [a level consistent with historical precedents, as a matter of
state  interest,  on  all  sections  of the thruway. The authority shall
provide goods and services to the division of state police in connection
with its enforcement activity on the  thruway.  The  division  of  state
police and the authority shall enter into an agreement identifying those
goods  and  services  that the authority will provide to the division of
state police and determine  reporting  and  other  requirements  related
thereto.  Any  costs borne by the state police outside of such agreement
shall not be reimbursed by the authority nor shall they be deemed  costs
of  the  authority]  THE REQUEST OF THE AUTHORITY SHALL BE REIMBURSED BY
THE AUTHORITY TO THE DIVISION OF STATE POLICE FROM THE  GENERAL  RESERVE
FUND  ESTABLISHED BY THE AUTHORITY UNDER ITS AGREEMENT WITH BONDHOLDERS,
AFTER PAYMENT OF ANY AMOUNTS DUE ON ANY BONDS OR NOTES OF THE AUTHORITY.
THE COMPTROLLER IS HEREBY AUTHORIZED AND  DIRECTED  TO  DEPOSIT  TO  THE
POLICING  NYS  THRUWAY  ACCOUNT, REVENUES RECEIVED FROM THE AUTHORITY AS
REIMBURSEMENT FOR PERSONAL  SERVICE  EXPENSES  INCLUDING  GENERAL  STATE
CHARGES.  IN  ADDITION,  THE  AUTHORITY  SHALL REIMBURSE THE DIVISION OF
STATE POLICE FOR  NON-PERSONAL  SERVICE  EXPENSES  CONNECTED  WITH  SUCH
ASSISTANCE.  SUCH  REIMBURSEMENT SHALL BE MADE FROM SUCH GENERAL RESERVE
FUND. THE AUTHORITY SHALL DEPOSIT SAID REIMBURSEMENT FUNDS FOR  NON-PER-
SONAL SERVICE EXPENSES TO THE CREDIT OF THE DIVISION OF STATE POLICE. NO
PAYMENTS  MADE  BY  THE  AUTHORITY UNDER THIS SUBSECTION SHALL BE DEEMED
OPERATING EXPENSES OF THE AUTHORITY.
  S 6. Subdivision 1 of section 359 of the public  authorities  law,  as
amended  by  chapter  766  of  the  laws  of 1992, is amended to read as
follows:
  1. On assuming jurisdiction of a thruway section or connection or  any
part  thereof,  or  of  a  highway connection, [or of the New York state
canal system,] the authority shall proceed with the construction, recon-
struction or improvement thereof. All such work shall be  done  pursuant
to  a contract or contracts which shall be let to the lowest responsible
bidder, by sealed proposals publicly opened, after public  advertisement
and  upon  such  terms  and  conditions  as the authority shall require;
provided, however, that the authority may reject any and  all  proposals
and may advertise for new proposals, as herein provided, if in its opin-
ion,  the  best  interests  of  the  authority will thereby be promoted;
provided further, however, that at the request of the authority, all  or
any  portion of such work, together with any engineering required by the

S. 6408--A                         80                         A. 9008--A

authority in connection therewith, shall be performed by the commission-
er and his subordinates in the department of  transportation  as  agents
for, and at the expense of, the authority.
  S  7. Section 359-a of the public authorities law, as added by chapter
140 of the laws of 2002, is amended to read as follows:
  S 359-a. Procurement contracts. For the purposes  of  section  twenty-
eight  hundred  seventy-nine of this chapter as applied to the authority
[or the canal corporation], the term "procurement contract"  shall  mean
any  written  agreement  for the acquisition of goods or services of any
kind by the authority [or the canal corporation] in the actual or  esti-
mated amount of fifteen thousand dollars or more.
  S  8. Section 360 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 360. Operation and maintenance. Operation  and  maintenance  by  the
authority of any thruway section or connection or any part thereof or of
a  highway connection[, the New York state canal system] of which it has
assumed jurisdiction shall be performed (a)  by  the  use  of  authority
forces  and equipment at the expense of the authority or by agreement at
the expense of the state or other parties; (b) by contract with  munici-
palities  or independent contractors; (c) at the request of the authori-
ty, by the commissioner and his subordinates in the department of trans-
portation as agents for, and at the expense of the authority, or (d)  by
a combination of such methods.
  S  9. Section 362 of the public authorities law, as amended by chapter
766 of the laws of 1992, is amended to read as follows:
  S 362. Assistance by state officers,  departments,  boards,  divisions
and  commissions. At the request of the authority, engineering and legal
services for such authority shall be performed by forces or officers  of
the department of transportation and the department of law respectively,
and all other state officers, departments, boards, divisions and commis-
sions  shall  render  services within their respective functions. At the
request of the authority, services in connection with the collection  of
any  charges  or  fees  for  the use of the thruway[, the New York state
canal system] or any part thereof may be performed by the department  of
motor vehicles.
  S 10. Paragraph (a) of subdivision 1, and paragraph (i) of subdivision
3  of  section  365 of the public authorities law, as amended by chapter
766 of the laws of 1992, are amended to read as follows:
  (a) Subject to the provisions of section three  hundred  sixty-six  of
this  title, the authority shall have the power and is hereby authorized
from time to time to issue its negotiable notes and bonds in  conformity
with  applicable provisions of the uniform commercial code in such prin-
cipal amount as, in the opinion of the authority, shall be necessary  to
provide  sufficient moneys for achieving the corporate purposes thereof,
including construction, reconstruction and improvement  of  the  thruway
sections and connections, and highway connections herein described, [the
New  York  state canal system subject to the provisions of section three
hundred eighty-three of this title,] together with  suitable  facilities
and  appurtenances,  the  payment  of all indebtedness to the state, the
cost of acquisition of all real property, the expense of maintenance and
operation, interest on notes and bonds during  construction  and  for  a
reasonable  period thereafter, establishment of reserves to secure notes
or bonds, and all other expenditures of the authority  incident  to  and
necessary or convenient to carry out its corporate purposes and powers.

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  (i)  the  acquisition of jurisdiction over, and of property for, thru-
ways, [the New York state canal system,] and  the  construction,  recon-
struction, improvement, maintenance or operation thereof;
  S 11. Section 382 of the public authorities law is REPEALED.
  S 12. Section 383 of the public authorities law is REPEALED.
  S  13.  Section 388 of the public authorities law, as added by chapter
500 of the laws of 2011, is amended to read as follows:
  S 388. Limitation on powers of the authority. A department, authority,
division or agency of the state shall not offer or permit any officer or
employee of such department, authority, division or agency to use a pass
to access and/or use the  thruway  [system]  without  the  officer's  or
employee's  personal payment of tolls except when the use of such a pass
and/or use of the thruway [system] without  personal  payment  of  tolls
occurs  in the normal course of the employment or duties of such officer
or employee. This section shall not diminish the rights of any  employee
pursuant to a collective bargaining agreement.
  S  14.  Subdivisions 18 and 21 of section 2 of the canal law, subdivi-
sion 18 as amended and subdivision 21 as renumbered by  chapter  335  of
the  laws of 2001, subdivision 21 as added by chapter 442 of the laws of
1996, are amended and a new subdivision 24 is added to read as follows:
  18. "Authority" shall mean the [New York state  thruway  authority,  a
body corporate and politic constituting a public corporation created and
constituted  pursuant  to  title nine of article two] POWER AUTHORITY OF
THE STATE OF NEW YORK, A BODY CORPORATE AND POLITIC CONSTITUTING A POLI-
TICAL SUBDIVISION OF THE STATE CREATED AND CONSTITUTED PURSUANT TO TITLE
ONE OF ARTICLE FIVE of the public authorities law.
  21. "Corporation" AND "CANAL CORPORATION"  shall  mean  the  New  York
state  canal  corporation,  [a  subsidiary of the New York state thruway
authority,] A PUBLIC BENEFIT CORPORATION created  pursuant  to  [section
three  hundred  eighty-two  of the public authorities law] CHAPTER SEVEN
HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO AND CONTIN-
UED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE POWER AUTHORITY
OF THE STATE OF NEW YORK PURSUANT TO  SUBDIVISION  ONE  OF  SECTION  ONE
THOUSAND FIVE-B OF THE PUBLIC AUTHORITIES LAW.
  24. "THRUWAY AUTHORITY" SHALL MEAN THE NEW YORK STATE THRUWAY AUTHORI-
TY,  A  BODY  CORPORATE  AND  POLITIC  CONSTITUTING A PUBLIC CORPORATION
CREATED AND CONSTITUTED PURSUANT TO TITLE NINE OF  ARTICLE  TWO  OF  THE
PUBLIC AUTHORITIES LAW.
  S 15. The article heading of article 1-A of the canal law, as added by
chapter 766 of the laws of 1992, is amended to read as follows:
             TRANSFER TO [NEW YORK STATE THRUWAY AUTHORITY]
                POWER AUTHORITY OF THE STATE OF NEW YORK
  S 16. Section 5 of the canal law, as amended by amended chapter 335 of
the laws of 2001, is amended to read as follows:
  S  5. Transfer of powers and duties relating to canals and canal lands
to the [New York state thruway authority] POWER AUTHORITY OF  THE  STATE
OF  NEW  YORK. The powers and duties of the [commissioner of transporta-
tion] THRUWAY AUTHORITY relating to the New York state canal  system  as
set forth in articles one through and including fourteen, except article
seven,  of  this  chapter, and except properties in use on the effective
date of this  article  in  support  of  highway  maintenance,  equipment
management  and traffic signal operations of the department of transpor-
tation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF TRANSPORTATION  TO
THE  THRUWAY  AUTHORITY,  are  hereby transferred to and merged with the
authority, to be exercised by the  authority  DIRECTLY  OR  THROUGH  THE
CANAL  CORPORATION  on behalf of the people of the state of New York. In

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addition, the commissioner of transportation and the [chairman] CHAIR of
the authority OR HIS OR HER DESIGNEE may,  in  their  discretion,  enter
into  an  agreement  or agreements transferring the powers and duties of
the commissioner of transportation relating to any or all of the bridges
and  highways as set forth in article seven of this chapter, to be exer-
cised by the authority DIRECTLY OR  THROUGH  THE  CANAL  CORPORATION  on
behalf  of the people of the state of New York, and, AS DETERMINED TO BE
FEASIBLE AND ADVISABLE BY THE AUTHORITY'S TRUSTEES, shall enter into  an
agreement  or  agreements  DIRECTLY OR THROUGH THE CANAL CORPORATION for
the financing, construction, reconstruction or improvement of  lift  and
movable bridges on the canal system. Such powers shall be in addition to
other powers enumerated in title [nine] ONE of article [two] FIVE of the
public  authorities  law.   All of the provisions of title [nine] ONE of
article [two] FIVE of such law which  are  not  inconsistent  with  this
chapter  shall apply to the actions and duties of the authority pursuant
to this chapter. The authority shall be deemed to be the state in  exer-
cising  the  powers  and duties transferred pursuant to this section but
for no other purposes.
  S 17. Subdivisions 1, 2, 3, 4 and 5 of section 6  of  the  canal  law,
subdivisions  2  and  5 as added by chapter 766 of the laws of 1992, and
subdivisions 1, 3 and 4 as amended by chapter 335 of the laws  of  2001,
are amended to read as follows:
  1.  The  jurisdiction  of the [commissioner of transportation] THRUWAY
AUTHORITY over the New York  state  canal  system  and  over  all  state
assets,  equipment  and property, both tangible and intangible, owned or
used in connection with the planning, development, construction,  recon-
struction, maintenance and operation of the New York state canal system,
as  set  forth  in  articles  one through and including fourteen, except
article seven, of this chapter, and except  properties  in  use  on  the
effective date of this article in support of highway maintenance, equip-
ment  management  and  traffic  signal  operations  of the department of
transportation, HERETOFORE TRANSFERRED BY THE COMMISSIONER OF  TRANSPOR-
TATION  TO THE THRUWAY AUTHORITY, are hereby transferred without consid-
eration to the authority, to be held by the authority in the name of the
people of the state of New York. In addition the commissioner of  trans-
portation and the [chairman] CHAIR of the authority OR HIS OR HER DESIG-
NEE  may,  in  their  discretion,  enter into an agreement or agreements
transferring jurisdiction over any or all of the  bridges  and  highways
set forth in article seven of this chapter, and any or all state assets,
equipment  and  property, both tangible and intangible, owned or used in
connection with the planning, development, construction, reconstruction,
maintenance and operation of such bridges and highways, which  shall  be
transferred  without  consideration  to the authority, to be held by the
authority through the corporation in the name of the people of the state
of New York. Any other rights and obligations resulting from or  arising
out  of  the planning, development, construction, reconstruction, opera-
tion or maintenance of the New York state canal system shall  be  deemed
assigned  to  and shall be exercised by the authority through the corpo-
ration, except that the authority may  designate  the  [commissioner  of
transportation]  CHAIR  OF THE THRUWAY AUTHORITY to be its agent for the
operation and maintenance of the New York state canal  system,  provided
that  such  designation shall have no force or effect after [March thir-
ty-first, nineteen hundred ninety-three]  JANUARY  FIRST,  TWO  THOUSAND
SEVENTEEN.  Such canal system shall remain the property of the state and
under its management and control as exercised by and through the author-
ity,  through  the corporation which shall be deemed to be the state for

S. 6408--A                         83                         A. 9008--A

the purposes of such management and control of the  canals  but  for  no
other purposes.
  2. The department of transportation AND THRUWAY AUTHORITY shall deliv-
er  to  the  authority  all  books, policies, procedures, papers, plans,
maps, records, equipment and property of such department  pertaining  to
the functions transferred pursuant to this article.
  3.  All rules, regulations, acts, determinations, orders and decisions
of the commissioner of transportation [and of the], department of trans-
portation, OR THRUWAY AUTHORITY pertaining to the functions  transferred
pursuant  to  this  article  in force at the time of such transfer shall
continue in force and  effect  as  rules,  regulations,  acts,  determi-
nations,  orders  and  decisions  of the authority and corporation until
duly modified or abrogated by such authority [and] OR corporation.
  4. Any business or  other  matters  undertaken  or  commenced  by  the
[commissioner  of  transportation  or  the department of transportation]
THRUWAY AUTHORITY,  including  executed  contracts,  permits  and  other
agreements,  BUT  EXCLUDING  BONDS,  NOTES OR OTHER EVIDENCES OF INDEBT-
EDNESS, pertaining to or connected with the [functions,] powers,  [obli-
gations  and]  duties AND OBLIGATIONS transferred pursuant to this arti-
cle, and in effect on the effective date [hereof]  OF  THE  TRANSFER  OF
SUCH MATTERS FROM THE THRUWAY AUTHORITY TO THE AUTHORITY PROVIDED FOR IN
THIS ARTICLE, shall, EXCEPT AS OTHERWISE AGREED BY THE AUTHORITY AND THE
THRUWAY  AUTHORITY,  be conducted and completed by the authority through
the corporation in the same manner and under the same terms  and  condi-
tions  and  with  the  same  effect as if conducted and completed by the
[commissioner of transportation or  the  department  of  transportation]
THRUWAY  AUTHORITY,  PROVIDED  THAT NOTHING IN THIS SUBDIVISION SHALL BE
DEEMED TO REQUIRE THE AUTHORITY TO TAKE ANY  ACTION  IN  A  MANNER  THAT
WOULD IN ITS JUDGMENT BE INCONSISTENT WITH THE PROVISIONS OF ANY BOND OR
NOTE  RESOLUTION  OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE AUTHORI-
TY'S BONDS, NOTES OR OTHER OBLIGATIONS.
  5. No existing rights  or  remedies  of  the  state,  [including  the]
authority,  THRUWAY  AUTHORITY,  OR  CANAL  CORPORATION  shall  be lost,
impaired or affected by reason of this article.
  S 18. Subdivision 6 of section 6 of the canal law, as added by chapter
766 of the laws of 1992, paragraph (b) as amended by chapter 335 of  the
laws  of  2001,  is  amended and a new subdivision 7 is added to read as
follows:
  6. (a) No action or proceeding pending on the effective date of  [this
article,]  THE TRANSFER OF POWERS, DUTIES AND OBLIGATIONS FROM THE THRU-
WAY AUTHORITY TO THE AUTHORITY brought by or against THE THRUWAY AUTHOR-
ITY, the commissioner  of  transportation  [or],  THE  CORPORATION,  the
department  of transportation OR THE AUTHORITY shall be affected by this
article. Any liability arising out of  any  act  or  omission  occurring
prior  to the effective date of the transfer of THE powers [and], duties
[authorized herein] AND OBLIGATIONS FROM THE THRUWAY  AUTHORITY  TO  THE
AUTHORITY,  of the officers, employees or agents of THE THRUWAY AUTHORI-
TY, the department of transportation, or any other agency of the  state,
other  than  the  authority,  in the performance of their obligations or
duties under the canal law, any other law of the state  or  any  federal
law,  or pursuant to a contract entered into prior to the effective date
of such transfer, shall remain a liability of THE THRUWAY AUTHORITY, the
department of transportation or such other agency of the state  and  not
of the authority.
  (b)  Notwithstanding  any provision to the contrary contained in para-
graph (a) of this subdivision, the state shall indemnify and hold  harm-

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less  the THRUWAY authority [and], THE corporation AND THE AUTHORITY for
any and all claims, damages, or liabilities, whether or  not  caused  by
negligence, including civil and criminal fines, arising out of or relat-
ing  to  any  generation, processing, handling, transportation, storage,
treatment, or disposal of solid or hazardous wastes in the canal  system
by any person or entity other than the THRUWAY AUTHORITY OR THE authori-
ty  occurring prior to [the effective date of the transfer of powers and
duties authorized herein] AUGUST  THIRD,  NINETEEN  HUNDRED  NINETY-TWO.
Such  indemnification  shall extend to, without limitation, any releases
into land, water or air,  including  but  not  limited  to  releases  as
defined  under  the federal comprehensive environmental response compen-
sation and liability act of nineteen hundred eighty, occurring or exist-
ing prior to [the effective date of this section] AUGUST THIRD, NINETEEN
HUNDRED NINETY-TWO; provided that the THRUWAY AUTHORITY, THE CORPORATION
AND THE authority shall cooperate in the investigation  and  remediation
of hazardous waste and other environmental problems.
  (C)  NOTWITHSTANDING  ANY PROVISION TO THE CONTRARY CONTAINED IN PARA-
GRAPH (A) OF THIS SUBDIVISION, THE THRUWAY AUTHORITY SHALL INDEMNIFY AND
HOLD HARMLESS THE CORPORATION AND THE AUTHORITY FOR ANY AND ALL  CLAIMS,
DAMAGES,  OR LIABILITIES, WHETHER OR NOT CAUSED BY NEGLIGENCE, INCLUDING
CIVIL AND CRIMINAL FINES, ARISING OUT OF OR RELATING TO ANY  GENERATION,
PROCESSING, HANDLING, TRANSPORTATION, STORAGE, TREATMENT, OR DISPOSAL OF
SOLID  OR  HAZARDOUS  WASTES IN THE CANAL SYSTEM BY ANY PERSON OR ENTITY
OTHER THAN THE AUTHORITY OCCURRING AFTER AUGUST THIRD, NINETEEN  HUNDRED
NINETY-TWO  AND  NO  LATER  THAN  THE  EFFECTIVE DATE OF THE TRANSFER OF
POWERS, DUTIES AND OBLIGATIONS FROM THE THRUWAY AUTHORITY TO THE AUTHOR-
ITY. SUCH INDEMNIFICATION  SHALL  EXTEND  TO,  WITHOUT  LIMITATION,  ANY
RELEASES  INTO LAND, WATER OR AIR, INCLUDING BUT NOT LIMITED TO RELEASES
AS  DEFINED  UNDER  THE  FEDERAL  COMPREHENSIVE  ENVIRONMENTAL  RESPONSE
COMPENSATION  AND LIABILITY ACT OF NINETEEN HUNDRED EIGHTY, OCCURRING OR
EXISTING PRIOR TO THE EFFECTIVE DATE OF THE TRANSFER OF  POWERS,  DUTIES
AND  OBLIGATIONS  FROM  THE THRUWAY AUTHORITY TO THE AUTHORITY; PROVIDED
THAT THE CORPORATION AND THE AUTHORITY SHALL COOPERATE IN  THE  INVESTI-
GATION  AND REMEDIATION OF HAZARDOUS WASTE AND OTHER ENVIRONMENTAL PROB-
LEMS.
  (D) EXCEPT AS OTHERWISE PROVIDED IN THIS CHAPTER, THE THRUWAY AUTHORI-
TY SHALL RETAIN ALL LIABILITIES, WHETHER OR NOT  CAUSED  BY  NEGLIGENCE,
ARISING OUT OF ANY ACTS OR OMISSIONS OCCURRING ON OR AFTER AUGUST THIRD,
NINETEEN  HUNDRED  NINETY-TWO, IN CONNECTION WITH ITS POWERS, DUTIES AND
OBLIGATIONS WITH RESPECT TO THE CORPORATION. THE AUTHORITY AND THE STATE
SHALL NOT BE HELD LIABLE IN CONNECTION WITH ANY LIABILITIES ARISING  OUT
OF SUCH ACTS OR OMISSIONS.
  7. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, IN CONNECTION
WITH  THE  TRANSFER  OF JURISDICTION OF THE CORPORATION TO THE AUTHORITY
AND THE ASSUMPTION OF MANAGEMENT OF  THE  CORPORATION  AS  A  SUBSIDIARY
CORPORATION  OF THE AUTHORITY PURSUANT TO THE CHAPTER OF THE LAWS OF TWO
THOUSAND SIXTEEN WHICH ADDED THIS  SUBDIVISION,  THE  THRUWAY  AUTHORITY
SHALL  HAVE THE POWER TO FULFILL ANY EXISTING AGREEMENTS OR OBLIGATIONS,
MAKE ANY AGREEMENTS, RECEIVE, RETAIN OR PAY ANY FUNDS, DEEMED  NECESSARY
AND  IN  THE  PUBLIC INTEREST TO EFFECTUATE THE PROVISIONS AND INTENT OF
THIS CHAPTER, INCLUDING BUT NOT LIMITED TO, THE ENTERING INTO ANY AGREE-
MENTS WITH THE CORPORATION, THE AUTHORITY AND ANY OTHER FEDERAL,  STATE,
MUNICIPAL OR OTHER ENTITIES, AND TO RECEIVE FUNDS FROM THE FEDERAL EMER-
GENCY MANAGEMENT AGENCY OR THE STATE, TO FULFILL THE THRUWAY AUTHORITY'S
EXISTING  FINANCIAL  OR  OTHER OBLIGATIONS ARISING FROM ITS JURISDICTION
OVER THE CANAL SYSTEM AND THE CORPORATION.

S. 6408--A                         85                         A. 9008--A

  S 19. Subdivisions 2 and 5 of section 92-u of the state  finance  law,
subdivision  2 as added by chapter 766 of the laws of 1992, and subdivi-
sion 5 as amended by chapter 483 of the laws of  1996,  are  amended  to
read as follows:
  2. Such fund shall consist of all revenues received from the operation
of  the  New York state canal system as defined in section three hundred
fifty-one of the public authorities law and section  two  of  the  canal
law,  including payments on leases for use of canal lands, terminals and
terminal lands,  tolls  received  for  lock  and  lift  bridge  passage,
payments  for  hydroelectric  easements and sales, for purchase of other
abandoned canal lands, payments for any permits and leases  for  use  of
the  water and lands of the system and payments for use of dry docks and
other moneys made available to the fund from any other source other than
a grant, loan or other inter-corporate transfer of  funds  of  the  [New
York  state thruway authority] POWER AUTHORITY OF THE STATE OF NEW YORK,
and any income earned by, or incremental to, the fund due to  investment
thereof, or any repayment of any moneys advanced by the fund.
  5.  Moneys  of  the  fund, following appropriation by the legislature,
shall be available to the  [New  York  state  thruway  authority]  POWER
AUTHORITY OF THE STATE OF NEW YORK and shall be expended by such author-
ity  or  [subsidiary corporation thereof] THE CANAL CORPORATION only for
the maintenance, construction, reconstruction, development or  promotion
of  the  canal  system[;  provided,  however, that in the initial years,
expenditures of moneys of the fund for the development and/or  promotion
of  the  canal  system  shall be accorded a priority by the authority or
subsidiary corporation thereof]. In addition, moneys of the fund may  be
used  for  the purposes of interpretive signage and promotion for appro-
priate historically significant Erie  canal  lands  and  related  sites.
Moneys shall be paid out of the fund by the state comptroller on certif-
icates issued by the director of the budget.
  S  20. Notwithstanding any other provision of law, the power authority
of the state of New York ("power authority"),  New  York  state  thruway
authority  and  New  York state canal corporation ("canal corporation"),
and any other state or  municipal  agency,  department,  office,  board,
division, commission, public authority or public benefit corporation may
enter into such agreements and understandings relating to the transition
of  the  canal  corporation  to  its status as a subsidiary of the power
authority and for the administration, maintenance and operation  of  the
canal  corporation  and  the  canal system as they may deem necessary or
desirable.
  S 21. Section 1005 of the public authorities law is amended by  adding
a new subdivision 25 to read as follows:
  25.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, TO ACCEPT GIFTS,
GRANTS, LOANS, OR CONTRIBUTIONS OF FUNDS OR PROPERTY IN  ANY  FORM  FROM
THE  FEDERAL  GOVERNMENT OR ANY AGENCY OR INSTRUMENTALLY THEREOF OR FROM
THE STATE OR ANY OTHER SOURCE  (COLLECTIVELY,  "RESOURCES"),  AND  ENTER
INTO  CONTRACTS  OR  OTHER TRANSACTIONS REGARDING SUCH RESOURCES, AND TO
USE SUCH RESOURCES FOR ANY OF ITS CORPORATE PURPOSES.
  S 22. The public authorities law is amended by adding  a  new  section
1005-b to read as follows:
  S  1005-B.  NEW  YORK  STATE  CANAL CORPORATION. 1. THE PUBLIC BENEFIT
CORPORATION KNOWN AS THE "NEW YORK STATE CANAL CORPORATION" (HEREINAFTER
REFERRED TO AS THE "CANAL CORPORATION") CREATED AS A  SUBSIDIARY  CORPO-
RATION OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER SEVEN
HUNDRED  SIXTY-SIX  OF THE LAWS OF NINETEEN HUNDRED NINETY-TWO IS HEREBY
CONTINUED AND RECONSTITUTED AS A SUBSIDIARY CORPORATION OF THE AUTHORITY

S. 6408--A                         86                         A. 9008--A

AND SHALL HAVE ONLY THE POWER TO OPERATE,  MAINTAIN,  CONSTRUCT,  RECON-
STRUCT,  IMPROVE, DEVELOP, FINANCE, AND PROMOTE ALL OF THE CANALS, CANAL
LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL  LANDS
AND  OTHER  PROPERTY  UNDER  THE  JURISDICTION  OF THE CANAL CORPORATION
PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW (HEREINAFTER REFERRED  TO  AS
THE "CANAL SYSTEM"). REFERENCE IN ANY PROVISION OF LAW, GENERAL, SPECIAL
OR  LOCAL,  OR  IN  ANY RULE, REGULATION OR PUBLIC DOCUMENT TO THE CANAL
CORPORATION OR THE CANAL CORPORATION AS A SUBSIDIARY  OF  THE  NEW  YORK
STATE  THRUWAY AUTHORITY SHALL BE DEEMED TO BE AND CONSTRUED AS A REFER-
ENCE TO THE CANAL CORPORATION CONTINUED BY THIS SECTION.
  2. THE MANAGEMENT AND ADMINISTRATION OF THE CANAL CORPORATION SHALL BE
AN ADDITIONAL CORPORATE PURPOSE OF THE AUTHORITY. TO THE EXTENT THAT THE
TRUSTEES DEEM IT FEASIBLE AND ADVISABLE, THE AUTHORITY MAY  TRANSFER  TO
THE  CANAL  CORPORATION ANY MONEYS, REAL, PERSONAL, OR MIXED PROPERTY OR
ANY PERSONNEL IN ORDER TO  CARRY  OUT  THE  PURPOSES  OF  THIS  SECTION,
PROVIDED  THAT  NOTHING  IN  THIS SECTION SHALL BE DEEMED TO REQUIRE THE
AUTHORITY TO APPLY ANY MONEYS, REVENUES  OR  PROPERTY  OR  TO  TAKE  ANY
ACTION IN A MANNER THAT WOULD BE INCONSISTENT WITH THE PROVISIONS OF ANY
BOND  OR  NOTE  RESOLUTION OR ANY OTHER CONTRACT WITH THE HOLDERS OF THE
AUTHORITY'S BONDS, NOTES OR OTHER OBLIGATIONS.
  3. THE CANAL CORPORATION AND  ANY  OF  ITS  PROPERTY,  FUNCTIONS,  AND
ACTIVITIES  SHALL HAVE ALL OF THE PRIVILEGES, IMMUNITIES, TAX EXEMPTIONS
AND OTHER EXEMPTIONS OF THE AUTHORITY AND OF THE  AUTHORITY'S  PROPERTY,
FUNCTIONS, AND ACTIVITIES. THE CANAL CORPORATION SHALL BE SUBJECT TO THE
RESTRICTIONS  AND LIMITATIONS TO WHICH THE AUTHORITY MAY BE SUBJECT. THE
CANAL CORPORATION MAY DELEGATE TO ONE OR MORE OF  ITS  MEMBERS,  OR  ITS
OFFICERS,  AGENTS  AND  EMPLOYEES, SUCH DUTIES AND POWERS AS IT MAY DEEM
PROPER.
  4. EXCLUSIVE JURISDICTION IS CONFERRED UPON THE  COURT  OF  CLAIMS  TO
HEAR  AND  DETERMINE  THE  CLAIMS OF ANY PERSON AGAINST THE CANAL CORPO-
RATION (A) FOR ITS TORTIOUS ACTS AND THOSE OF ITS AGENTS,  AND  (B)  FOR
BREACH OF A CONTRACT, RELATING TO CONSTRUCTION, RECONSTRUCTION, IMPROVE-
MENT,  MAINTENANCE  OR  OPERATION,  IN THE SAME MANNER AND TO THE EXTENT
PROVIDED BY AND SUBJECT TO THE PROVISIONS OF THE  COURT  OF  CLAIMS  ACT
WITH  RESPECT TO CLAIMS AGAINST THE STATE, AND TO MAKE AWARDS AND RENDER
JUDGMENTS THEREFOR.  ALL AWARDS AND JUDGMENTS ARISING FROM  SUCH  CLAIMS
SHALL BE PAID OUT OF MONEYS OF THE CANAL CORPORATION.
  5.  THE  MEMBERS  OF  THE  CANAL CORPORATION SHALL BE THE SAME PERSONS
HOLDING THE OFFICES OF TRUSTEES OF THE AUTHORITY.
  6. NO OFFICER OR MEMBER OF THE CANAL  CORPORATION  SHALL  RECEIVE  ANY
ADDITIONAL   COMPENSATION,   EITHER   DIRECT  OR  INDIRECT,  OTHER  THAN
REIMBURSEMENT FOR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORM-
ANCE OF HIS OR HER DUTIES, BY REASON OF HIS OR HER SERVING AS A  MEMBER,
DIRECTOR, OR TRUSTEE OF THE CANAL CORPORATION.
  7.  THE  EMPLOYEES  OF THE CANAL CORPORATION SHALL NOT BE DEEMED TO BE
EMPLOYEES OF THE AUTHORITY BY REASON OF THEIR EMPLOYMENT  BY  THE  CANAL
CORPORATION.  ALL  OFFICERS AND EMPLOYEES OF THE CANAL CORPORATION SHALL
BE SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW WHICH SHALL  APPLY
TO  THE  CANAL CORPORATION AS A MUNICIPAL CORPORATION OTHER THAN A CITY.
THE CANAL CORPORATION SHALL PARTICIPATE IN THE NEW YORK STATE AND  LOCAL
EMPLOYEES' RETIREMENT SYSTEM. NOTHING CONTAINED IN A CHAPTER OF THE LAWS
OF  TWO  THOUSAND  SIXTEEN THAT ADDED THIS SECTION SHALL BE CONSTRUED TO
AFFECT THE RIGHTS OF THE CANAL CORPORATION OR ANY OF ITS EMPLOYEES UNDER
ANY COLLECTIVE BARGAINING AGREEMENT IN EFFECT AS OF THE  EFFECTIVE  DATE
OF  TRANSFER  OF THE CANAL CORPORATION FROM THE THRUWAY AUTHORITY TO THE
AUTHORITY.

S. 6408--A                         87                         A. 9008--A

  8. THE FISCAL YEAR OF THE CANAL CORPORATION SHALL BE THE SAME  AS  THE
FISCAL YEAR FOR THE AUTHORITY.
  9. THE CANAL CORPORATION SHALL HAVE THE POWER TO:
  (A)  OPERATE,  MAINTAIN,  CONSTRUCT,  RECONSTRUCT,  IMPROVE,  DEVELOP,
FINANCE, AND PROMOTE THE CANAL SYSTEM;
  (B) SUE AND BE SUED;
  (C) HAVE A SEAL AND ALTER THE SAME AT PLEASURE;
  (D) MAKE AND ALTER BY-LAWS FOR ITS ORGANIZATION AND  INTERNAL  MANAGE-
MENT  AND  MAKE  RULES AND REGULATIONS GOVERNING THE USE OF ITS PROPERTY
AND FACILITIES;
  (E) APPOINT OFFICERS AND EMPLOYEES AND FIX THEIR COMPENSATION;
  (F) MAKE AND EXECUTE CONTRACTS AND ALL OTHER INSTRUMENTS NECESSARY  OR
CONVENIENT FOR THE EXERCISE OF ITS POWERS AND FUNCTIONS UNDER THIS CHAP-
TER;
  (G)  ACQUIRE,  HOLD,  AND DISPOSE OF REAL OR PERSONAL PROPERTY FOR ITS
CORPORATE PURPOSES;
  (H) ENGAGE THE SERVICES OF PRIVATE CONSULTANTS ON A CONTRACT BASIS FOR
RENDERING PROFESSIONAL AND TECHNICAL ASSISTANCE AND ADVICE;
  (I) PROCURE INSURANCE AGAINST ANY LOSS IN CONNECTION WITH  ITS  ACTIV-
ITIES, PROPERTIES, AND OTHER ASSETS, IN SUCH AMOUNT AND FROM SUCH INSUR-
ERS AS IT DEEMS DESIRABLE;
  (J)  INVEST  ANY  FUNDS  OF THE CANAL CORPORATION, OR ANY OTHER MONIES
UNDER ITS  CUSTODY  AND  CONTROL  NOT  REQUIRED  FOR  IMMEDIATE  USE  OR
DISBURSEMENT, AT THE DISCRETION OF THE CANAL CORPORATION, IN OBLIGATIONS
OF  THE STATE OR THE UNITED STATES GOVERNMENT OR OBLIGATIONS THE PRINCI-
PAL AND INTEREST OF WHICH ARE GUARANTEED BY  THE  STATE  OR  THE  UNITED
STATES  GOVERNMENT, OR IN ANY OTHER OBLIGATIONS IN WHICH THE COMPTROLLER
OF THE STATE IS AUTHORIZED TO INVEST PURSUANT TO SECTION  NINETY-EIGHT-A
OF THE STATE FINANCE LAW;
  (K)  EXERCISE THOSE POWERS AND DUTIES OF THE AUTHORITY DELEGATED TO IT
BY THE AUTHORITY;
  (L) PREPARE AND SUBMIT A CAPITAL PROGRAM PLAN PURSUANT TO SECTION  TEN
OF THE CANAL LAW;
  (M)  APPROVE AND IMPLEMENT THE NEW YORK STATE CANAL RECREATIONWAY PLAN
SUBMITTED PURSUANT TO SECTION ONE HUNDRED THIRTY-EIGHT-C  OF  THE  CANAL
LAW.  THE  CANAL  CORPORATION'S REVIEW AND APPROVAL OF THE CANAL RECREA-
TIONWAY PLAN SHALL BE BASED UPON ITS CONSIDERATION OF A GENERIC ENVIRON-
MENTAL IMPACT STATEMENT PREPARED BY THE CANAL CORPORATION IN  ACCORDANCE
WITH  ARTICLE  EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW AND THE REGU-
LATIONS THEREUNDER. PRIOR  TO  THE  IMPLEMENTATION  OF  ANY  SUBSTANTIAL
IMPROVEMENT BY THE CANAL CORPORATION ON CANAL LANDS, CANAL TERMINALS, OR
CANAL  TERMINAL  LANDS, OR THE LEASE OF CANAL LANDS, CANAL TERMINALS, OR
CANAL TERMINAL LANDS FOR SUBSTANTIAL COMMERCIAL IMPROVEMENT,  THE  CANAL
CORPORATION,  IN  ADDITION TO ANY REVIEW TAKEN PURSUANT TO SECTION 14.09
OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW, SHALL CONDUCT  A
RECONNAISSANCE  LEVEL SURVEY WITHIN THREE THOUSAND FEET OF SUCH LANDS TO
BE IMPROVED OF THE TYPE, LOCATION, AND SIGNIFICANCE OF  HISTORIC  BUILD-
INGS,  SITES, AND DISTRICTS LISTED ON, OR WHICH MAY BE ELIGIBLE, FOR THE
STATE OR NATIONAL REGISTERS OF HISTORIC PLACES.  THE  FINDINGS  OF  SUCH
SURVEY SHALL BE USED TO IDENTIFY SIGNIFICANT HISTORICAL RESOURCES AND TO
DETERMINE  WHETHER  THE  PROPOSED  IMPROVEMENTS ARE COMPATIBLE WITH SUCH
HISTORIC BUILDINGS, SITES, AND DISTRICTS;
  (N) ENTER ON ANY LANDS, WATERS, OR PREMISES FOR THE PURPOSE OF  MAKING
BORINGS, SOUNDINGS, AND SURVEYS;
  (O) ACCEPT ANY GIFTS OR ANY GRANT OF FUNDS OR PROPERTY FROM THE FEDER-
AL  GOVERNMENT  OR  FROM  THE STATE OR ANY OTHER FEDERAL OR STATE PUBLIC

S. 6408--A                         88                         A. 9008--A

BODY OR POLITICAL SUBDIVISION OR ANY OTHER PERSON AND TO COMPLY WITH THE
TERMS AND CONDITIONS THEREOF; AND
  (P) WAIVE ANY FEE FOR A WORK PERMIT WHICH IT HAS THE POWER TO ISSUE IF
IN  ITS  DISCRETION  THE PROJECT WHICH IS SUBJECT TO A WORK PERMIT WOULD
ADD VALUE TO CANAL LANDS WITHOUT ANY COST TO THE CANAL CORPORATION,  THE
AUTHORITY, OR THE STATE.
  10.  (A) THE CANAL CORPORATION SHALL REVIEW THE BUDGET REQUEST SUBMIT-
TED BY THE  CANAL  RECREATIONWAY  COMMISSION  PURSUANT  TO  SECTION  ONE
HUNDRED THIRTY-EIGHT-B OF THE CANAL LAW.
  (B) THE CANAL CORPORATION, ON OR BEFORE THE FIFTEENTH DAY OF SEPTEMBER
OF  EACH  YEAR, SHALL SUBMIT TO THE DIRECTOR OF THE BUDGET A REQUEST FOR
THE EXPENDITURE OF FUNDS AVAILABLE FROM THE NEW YORK STATE CANAL  SYSTEM
DEVELOPMENT  FUND  PURSUANT TO SECTION NINETY-TWO-U OF THE STATE FINANCE
LAW OR AVAILABLE FROM ANY OTHER NON-FEDERAL  SOURCES  APPROPRIATED  FROM
THE STATE TREASURY.
  (C)  IN  THE EVENT THAT THE REQUEST SUBMITTED BY THE CANAL CORPORATION
TO THE DIRECTOR OF THE BUDGET DIFFERS FROM THE REQUEST SUBMITTED BY  THE
COMMISSION  TO  THE CANAL CORPORATION, THEN THE REQUEST SUBMITTED BY THE
CANAL CORPORATION TO THE  DIRECTOR  OF  THE  BUDGET  SHALL  SPECIFY  THE
DIFFERENCES AND SHALL SET FORTH THE REASONS FOR SUCH DIFFERENCES.
  11.  THE  CANAL  CORPORATION  SHALL NOT HAVE THE POWER TO ISSUE BONDS,
NOTES, OR OTHER EVIDENCES OF INDEBTEDNESS; PROVIDED THAT NOTWITHSTANDING
THE FOREGOING, THE CANAL CORPORATION MAY AGREE TO REPAY AMOUNTS ADVANCED
TO THE CANAL CORPORATION BY THE AUTHORITY AND TO EVIDENCE SUCH AGREEMENT
BY DELIVERY OF A PROMISSORY NOTE OR NOTES TO THE AUTHORITY.
  12. THE CANAL CORPORATION MAY DO  ANY  AND  ALL  THINGS  NECESSARY  OR
CONVENIENT  TO  CARRY  OUT  AND EXERCISE THE POWERS GIVEN AND GRANTED BY
THIS SECTION.
  13. THE AUTHORITY AND ALL OTHER STATE OFFICERS,  DEPARTMENTS,  BOARDS,
DIVISIONS,  COMMISSIONS,  PUBLIC  AUTHORITIES, AND PUBLIC BENEFIT CORPO-
RATIONS MAY RENDER SUCH SERVICES TO THE CANAL CORPORATION  WITHIN  THEIR
RESPECTIVE FUNCTIONS AS MAY BE REQUESTED BY THE CANAL CORPORATION.
  14.  WHENEVER  ANY  STATE POLITICAL SUBDIVISION, MUNICIPALITY, COMMIS-
SION, AGENCY, OFFICER, DEPARTMENT, BOARD, DIVISION, OR PERSON IS AUTHOR-
IZED AND EMPOWERED FOR ANY OF THE PURPOSES OF THIS  TITLE  TO  COOPERATE
AND  ENTER  INTO  AGREEMENTS  WITH  THE  AUTHORITY, SUCH STATE POLITICAL
SUBDIVISION,  MUNICIPALITY,  COMMISSION,  AGENCY,  OFFICER,  DEPARTMENT,
BOARD,  DIVISION,  OR PERSON SHALL HAVE THE SAME AUTHORIZATION AND POWER
FOR ANY SUCH PURPOSES TO COOPERATE AND ENTER INTO  AGREEMENTS  WITH  THE
CANAL CORPORATION.
  S  23.  The  public authorities law is amended by adding a new section
1005-c to read as follows:
  S 1005-C. ADDITIONAL  POWERS  OF  THE  AUTHORITY  TO  FINANCE  CERTAIN
PROJECTS  IN CONNECTION WITH THE NEW YORK STATE CANAL SYSTEM. 1. (A) THE
AUTHORITY IS HEREBY AUTHORIZED, AS AN ADDITIONAL CORPORATE PURPOSE THER-
EOF, TO ISSUE ITS BONDS, NOTES AND OTHER EVIDENCES  OF  INDEBTEDNESS  IN
CONFORMITY WITH APPLICABLE PROVISIONS OF THE UNIFORM COMMERCIAL CODE FOR
PURPOSES  OF FINANCING THE CONSTRUCTION, RECONSTRUCTION, DEVELOPMENT AND
IMPROVEMENT OF THE NEW YORK STATE CANAL SYSTEM.
  (B) THE AUTHORITY SHALL ISSUE ANY SUCH BONDS, NOTES, OR  EVIDENCES  OF
INDEBTEDNESS  PURSUANT  TO  PARAGRAPH (A) OF THIS SUBDIVISION ON A BASIS
SUBORDINATE IN LIEN AND PRIORITY OF PAYMENT TO  THE  AUTHORITY'S  SENIOR
LIEN INDEBTEDNESS AS THE AUTHORITY SHALL PROVIDE BY RESOLUTION.
  2.  ALL  OF  THE PROVISIONS OF THIS TITLE RELATING TO BONDS, NOTES AND
OTHER EVIDENCE OF INDEBTEDNESS, WHICH ARE  NOT  INCONSISTENT  WITH  THIS
SECTION,  SHALL APPLY TO OBLIGATIONS AUTHORIZED BY THIS SECTION, INCLUD-

S. 6408--A                         89                         A. 9008--A

ING BUT NOT LIMITED TO THE POWER TO ISSUE  RENEWAL  NOTES  OR  REFUNDING
BONDS THEREOF.
  3. SUBJECT TO AGREEMENTS WITH NOTEHOLDERS OR BONDHOLDERS, THE AUTHORI-
TY  SHALL  HAVE  THE AUTHORITY TO FIX AND COLLECT SUCH FEES, RENTALS AND
CHARGES FOR THE USE OF THE CANAL SYSTEM OR ANY PART THEREOF NECESSARY OR
CONVENIENT, WITH AN ADEQUATE MARGIN OF  SAFETY,  TO  PRODUCE  SUFFICIENT
REVENUE  TO MEET THE EXPENSE OF MAINTENANCE AND OPERATION AND TO FULFILL
THE TERMS OF ANY AGREEMENTS MADE WITH THE HOLDERS OF ITS NOTES OR BONDS,
AND TO ESTABLISH THE RIGHTS AND PRIVILEGES GRANTED UPON PAYMENT THEREOF;
PROVIDED, HOWEVER, THAT TOLLS  MAY  ONLY  BE  IMPOSED  FOR  THE  PASSAGE
THROUGH  LOCKS  AND LIFT BRIDGES BY VESSELS WHICH ARE PROPELLED IN WHOLE
OR IN PART BY MECHANICAL POWER.
  S 24. Paragraph (i) of subdivision 1 of section 19 of the public offi-
cers law, as added by chapter 115 of the laws of 2000, is REPEALED and a
new paragraph (j) is added to read as follows:
  (J) FOR PURPOSES OF THIS SECTION, THE TERM  "EMPLOYEE"  SHALL  INCLUDE
DIRECTORS,  OFFICERS  AND  EMPLOYEES  OF  THE THRUWAY AUTHORITY, AND THE
DIRECTORS, OFFICERS AND EMPLOYEES OF THE  CANAL  CORPORATION.  IN  THOSE
CASES WHERE THE DEFINITION OF THE TERM "EMPLOYEE" PROVIDED IN THIS PARA-
GRAPH  IS APPLICABLE, THE TERM "STATE", AS UTILIZED IN SUBDIVISIONS TWO,
THREE, AND FOUR OF THIS SECTION, SHALL MEAN THE THRUWAY  AUTHORITY  WHEN
THE EMPLOYEE IS A DIRECTOR, OFFICER, OR EMPLOYEE OF THE THRUWAY AUTHORI-
TY,  OR THE CANAL CORPORATION, WHEN THE EMPLOYEE IS A DIRECTOR, OFFICER,
OR EMPLOYEE OF THE CANAL CORPORATION.
  S 25. Subdivisions 9 and 10 of section 481 of the transportation  law,
as  added  by section 1 of part A of chapter 60 of the laws of 2005, are
amended to read as follows:
  9. "Canal corporation" shall mean the New York state canal corporation
created [pursuant to section three hundred eighty-two] AS  A  SUBSIDIARY
CORPORATION  OF THE NEW YORK STATE THRUWAY AUTHORITY PURSUANT TO CHAPTER
SEVEN HUNDRED SIXTY-SIX OF THE LAWS OF NINETEEN HUNDRED  NINETY-TWO  AND
CONTINUED  AND  RECONSTITUTED  AS  A SUBSIDIARY CORPORATION OF THE POWER
AUTHORITY OF THE STATE OF  NEW  YORK  PURSUANT  TO  SUBDIVISION  ONE  OF
SECTION ONE THOUSAND FIVE-B of the public authorities law.
  10.  "Canal  system" shall mean the "New York state canal system"[, as
such term is defined by subdivision ten of section three hundred  fifty-
one  of  the public authorities law] SHALL MEAN ALL OF THE CANALS, CANAL
LANDS, FEEDER CANALS, RESERVOIRS, CANAL TERMINALS, CANAL TERMINAL  LANDS
AND  OTHER  PROPERTY  UNDER THE JURISDICTION OF THE CANAL CORPORATION OF
THE STATE OF NEW YORK PURSUANT TO ARTICLE ONE-A OF THE CANAL LAW.
  S 26. Section 33.01 of the parks, recreation and historic preservation
law, as amended by chapter 317 of the laws of 2009, is amended  to  read
as follows:
  S  33.01  New  York state heritage areas advisory council. There shall
continue to be in the office a New York state  heritage  areas  advisory
council  which  shall  consist of twenty-six members or their designated
representatives. The commissioner shall be  a  member  of  the  advisory
council.  In addition, the advisory council shall consist of the follow-
ing twenty-five other members: the commissioner of economic development,
to advise and assist regarding related tourism and economic  revitaliza-
tion;  the commissioner of education, to advise and assist regarding the
interpretive and educational aspects of the programs; the  secretary  of
state,  to  advise and assist regarding matters of community development
and state planning and to advise on the identification and  preservation
of  rural  resources;  the commissioner of transportation, to advise and
assist regarding matters of transportation to and within heritage areas;

S. 6408--A                         90                         A. 9008--A

the president of the New York state urban  development  corporation,  to
advise and assist regarding matters of economic development; the commis-
sioner  of  environmental  conservation,  to advise and assist regarding
matters  of  conservation  and use of natural resources; the chairman of
the state board for historic  preservation,  to  advise  and  assist  in
matters regarding historic preservation; the commissioner of housing and
community renewal to advise and assist regarding neighborhood and commu-
nity  development  and  preservation  programs; the [chairman of the New
York state thruway authority] PRESIDENT AND CHIEF EXECUTIVE  OFFICER  OF
THE  POWER AUTHORITY OF THE STATE OF NEW YORK regarding the operation of
the New York state canal system; the  commissioner  of  agriculture  and
markets regarding agriculture in heritage areas; a representative of the
State Heritage Area Association; the director or chief executive officer
of  the  Hudson River National Heritage Area, the Erie Canalway National
Heritage Corridor, the Champlain Valley  National  Heritage  Partnership
and  the  Niagara  Falls  National  Heritage Area; and ten members to be
appointed by the governor, three of  such  members  shall  be  municipal
officers,  elected  officials  or  representatives  of  local government
interest and seven of such members shall be, by professional training or
experience or attainment, qualified  to  analyze  or  interpret  matters
relevant to the establishment and maintenance of state designated herit-
age  areas including urban cultural parks and heritage corridors, one of
whom shall be the director of a heritage area. Of these last seven,  two
are to be appointed from names recommended by the majority leader of the
senate, two are to be appointed from names recommended by the speaker of
the  assembly,  one  is  to  be  appointed from names recommended by the
minority leader of the senate and one is  to  be  appointed  from  names
recommended  by  the  minority leader of the assembly.  The governor may
designate such ex-officio  members  who  shall  be  from  the  executive
department,  state  agencies  or  public corporations as he or she deems
appropriate; provided that such ex-officio members  shall  not  vote  on
matters  before  the  advisory council. For the ten members appointed by
the governor, each shall hold office for a term of five years and  until
his  or her successor shall have been appointed or until he or she shall
resign. The members of the advisory council shall  elect  a  chair  from
amongst  its  members  for  a term of three years. Eleven members of the
advisory council shall constitute a quorum for the  transaction  of  any
business at both regular and special meetings. Any ex-officio member may
delegate  all  his or her duties of membership, including voting rights,
to an officer or employee of such member's organization. No member shall
receive any compensation.
  S 27. Paragraph (h-1) of subdivision 2 of section 35.07 of the  parks,
recreation  and  historic preservation law, as amended by chapter 666 of
the laws of 1994, is amended to read as follows:
  (h-1) [Chairman of the New York state thruway authority] PRESIDENT AND
CHIEF EXECUTIVE OFFICER OF THE POWER AUTHORITY OF THE STATE OF NEW  YORK
regarding [its] operation of the New York state canal system;
  S  28. Notwithstanding any other provision of law, the power authority
of the state of New York (power authority) and the New York state  thru-
way authority (thruway authority) are hereby authorized to enter into an
agreement,  effective  April  1, 2016, whereby the power authority shall
reimburse the thruway authority, monthly, for any and all operating  and
capital  costs,  expended by the thruway authority for the operation and
maintenance of the New York state canal system (canal system),  and  the
operation  of  the New York state canal corporation (canal corporation),
for the period of April 1, 2016 through January  1,  2017.  The  thruway

S. 6408--A                         91                         A. 9008--A

authority shall provide the power authority with a monthly report of all
expenditures  related to the canal corporation and the canal system, and
provide access to all necessary  financial  records  to  carry  out  the
intent of this section.
  S  29.  This act, being necessary for the welfare of the state and its
inhabitants, shall be liberally construed to effect the purposes  there-
of.
  S  30. This act shall take effect on January 1, 2017; provided, howev-
er, that sections five and twenty-eight of this act  shall  take  effect
immediately.

                                 PART R

  Section  1.  Short  title. This act shall be known and may be cited as
the "private activity bond allocation act of 2016".
  S 2.   Legislative findings and declaration.  The  legislature  hereby
finds and declares that the federal tax reform act of 1986 established a
statewide  bond  volume  ceiling  on  the issuance of certain tax exempt
private activity bonds  and  notes  and,  under  certain  circumstances,
governmental  use  bonds  and  notes  issued by the state and its public
authorities, local governments, agencies which issue on behalf of  local
governments,  and  certain  other  issuers.  The  federal tax reform act
establishes a formula for the allocation  of  the  bond  volume  ceiling
which  was  subject to temporary modification by gubernatorial executive
order until December 31, 1987. That act also permits state  legislatures
to  establish,  by  statute,  an  alternative formula for allocating the
volume ceiling.  Bonds and notes subject to the volume  ceiling  require
an allocation from the state's annual volume ceiling in order to qualify
for federal tax exemption.
  It  is  hereby  declared to be the policy of the state to maximize the
public benefit through the issuance of private activity  bonds  for  the
purposes  of,  among  other  things, allocating a fair share of the bond
volume ceiling upon initial allocation and from a bond reserve to  local
agencies  and for needs identified by local governments; providing hous-
ing and promoting economic  development;  job  creation;  an  economical
energy  supply;  and resource recovery and to provide for an orderly and
efficient volume ceiling allocation process for state and local agencies
by establishing an alternative formula for making such allocations.
  S 3. Definitions. As used in this act,  unless  the  context  requires
otherwise:
  1. "Bonds" means bonds, notes or other obligations.
  2.  "Carryforward"  means  an  amount  of unused private activity bond
ceiling available to an issuer pursuant to an election  filed  with  the
internal revenue service pursuant to section 146(f) of the code.
  3. "Code" means the internal revenue code of 1986, as amended.
  4. "Commissioner" means the commissioner of the New York state depart-
ment of economic development.
  5.  "Covered  bonds" means those tax exempt private activity bonds and
that portion of the non-qualified amount of an issue of governmental use
bonds for which an allocation of the statewide ceiling is  required  for
the  interest  earned  by  holders of such bonds to be excluded from the
gross income of such holders for federal income tax purposes  under  the
code.
  6. "Director" means the director of the New York state division of the
budget.
  7. "Issuer" means a local agency, state agency or other issuer.

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  8.  "Local  agency" means an industrial development agency established
or operating pursuant to article 18-A of the general municipal law,  the
Troy industrial development authority and the Auburn industrial develop-
ment authority.
  9.  "Other  issuer"  means  any agency, political subdivision or other
entity, other than a local agency or state agency, that is authorized to
issue covered bonds.
  10. "Qualified small issue bonds" means qualified small  issue  bonds,
as defined in section 144(a) of the code.
  11.  "State  agency"  means  the state of New York, the New York state
energy research and development authority, the New York job  development
authority,  the New York state environmental facilities corporation, the
New York state urban development corporation and its  subsidiaries,  the
Battery  Park  city  authority,  the  port authority of New York and New
Jersey, the power authority of the state  of  New  York,  the  dormitory
authority  of  the state of New York, the New York state housing finance
agency, the state of New York mortgage  agency,  and  any  other  public
benefit  corporation  or public authority designated by the governor for
the purposes of this act.
  12. "Statewide ceiling" means for any calendar year the highest  state
ceiling  (as such term is used in section 146 of the code) applicable to
New York state.
  13. "Future allocations" means allocations of statewide ceiling for up
to two future years.
  14. "Multi-year housing development project" means a project (a) which
qualifies for covered bonds;
  (b) which is to be constructed over two or more years; and
  (c) in which at least twenty percent of the  dwelling  units  will  be
occupied by persons and families of low income.
  S  4. Local agency set-aside. (a) A set-aside of statewide ceiling for
local agencies for any calendar year shall be an amount which bears  the
same  ratio  to  one-third of the statewide ceiling as the population of
the jurisdiction of such local agency bears to  the  population  of  the
entire  state.  The  commissioner  shall  administer allocations of such
set-aside to local agencies.
  (b) Any financings or bond issuances that  utilize  the  local  agency
set-aside authorized by this section and executed by entities or succes-
sor  entities  defined by subdivisions 8 and 9 of section 3 of this act,
including entities established pursuant to article 18-A of  the  general
municipal  law, and corporations established pursuant to section 1411 of
the not-for-profit corporation law and article 12 of the private housing
finance law, shall be subject to the provisions of article  1-A  of  the
public authorities law.
  S  5. State agency set-aside. A set-aside of statewide ceiling for all
state agencies for any calendar year shall be one-third of the statewide
ceiling. The director shall administer allocations of such set-aside  to
state  agencies  and  may  grant  an allocation to any state agency upon
receipt of an application in such form as the director shall require.
  S 6. Statewide bond reserve. One-third of  the  statewide  ceiling  is
hereby  set  aside as a statewide bond reserve to be administered by the
director.  1. Allocation of the statewide bond reserve among state agen-
cies, local agencies and other issuers. The director  shall  transfer  a
portion of the statewide bond reserve to the commissioner for allocation
to  and  use  by local agencies and other issuers in accordance with the
terms of this section. The remainder of the statewide bond  reserve  may

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be  allocated  by  the director to state agencies in accordance with the
terms of this section.
  2.  Allocation  of  statewide  bond reserve to local agencies or other
issuers. (a) Local agencies or other issuers may at any  time  apply  to
the commissioner for an allocation from the statewide bond reserve. Such
application shall demonstrate:
  (i)  that  the requested allocation is required under the code for the
interest earned on the bonds to be excluded from  the  gross  income  of
bondholders for federal income tax purposes;
  (ii)  that  the  local  agency's  remaining unused allocation provided
pursuant to section four of  this  act,  and  other  issuer's  remaining
unused  allocation,  or  any available carryforward will be insufficient
for the specific project or projects for which the reserve allocation is
requested; and
  (iii) that, except for those  allocations  made  pursuant  to  section
twelve of this act to enable carryforward elections, the requested allo-
cation  is  reasonably expected to be used during the calendar year, and
the requested future allocation is reasonably expected to be used in the
calendar year to which the future allocation relates.
  (b) In reviewing  and  approving  or  disapproving  applications,  the
commissioner  shall  exercise discretion to ensure an equitable distrib-
ution of allocations from the statewide bond reserve to  local  agencies
and other issuers. Prior to making a determination on such applications,
the  commissioner shall notify and seek the recommendation of the presi-
dent and chief executive officer of the New York state  housing  finance
agency  in  the case of an application related to the issuance of multi-
family housing or mortgage revenue bonds,  and  in  the  case  of  other
requests,  such  state  officers, departments, divisions and agencies as
the commissioner deems appropriate.
  (c) Applications for allocations  shall  be  made  in  such  form  and
contain such information and reports as the commissioner shall require.
  3.  Allocation of statewide bond reserve to state agencies. The direc-
tor may make an allocation from the statewide bond reserve to any  state
agency.  Before making any allocation of statewide bond reserve to state
agencies the director shall be satisfied: (a)  that  the  allocation  is
required  under  the  code  for  the  interest earned on the bonds to be
excluded from the gross income of bondholders  for  federal  income  tax
purposes;
  (b)  that  the  state  agency's  remaining  unused allocation provided
pursuant to section five of this act or any available carryforward  will
be  insufficient  to  accommodate  the specific bond issue or issues for
which the reserve allocation is requested; and
  (c) that, except for those allocations made pursuant to section twelve
of this act to enable carryforward elections, the  requested  allocation
is  reasonably  expected  to  be  used during the calendar year, and the
requested future allocation is reasonably expected to  be  used  in  the
calendar year to which the future allocation relates.
  S  7. Access to employment opportunities. 1. All issuers shall require
that any new employment opportunities created  in  connection  with  the
industrial  or  manufacturing  projects financed through the issuance of
qualified small issue bonds shall be listed  with  the  New  York  state
department  of  labor  and  with  the one-stop career center established
pursuant to the federal workforce investment act (Pub. L.  No.  105-220)
serving  the  locality  in  which the employment opportunities are being
created. Such listing shall be in a manner and form  prescribed  by  the
commissioner. All issuers shall further require that for any new employ-

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ment  opportunities created in connection with an industrial or manufac-
turing project financed through the issuance of  qualified  small  issue
bonds  by  such  issuer,  industrial  or manufacturing firms shall first
consider  persons  eligible  to  participate in workforce investment act
(Pub. L. No. 105-220) programs who shall be referred to  the  industrial
or  manufacturing firm by one-stop centers in local workforce investment
areas or by the department of labor. Issuers of  qualified  small  issue
bonds  are  required  to  monitor compliance with the provisions of this
section as prescribed by the commissioner.
  2. Nothing in this section shall be  construed  to  require  users  of
qualified  small issue bonds to violate any existing collective bargain-
ing agreement with respect to the hiring of new  employees.  Failure  on
the  part  of any user of qualified small issue bonds to comply with the
requirements of this section shall not affect the allocation of  bonding
authority  to  the  issuer  of  the  bonds or the validity or tax exempt
status of such bonds.
  S 8. Overlapping jurisdictions. In a geographic area represented by  a
county local agency and one or more sub-county local agencies, the allo-
cation  granted by section four of this act with respect to such area of
overlapping jurisdiction shall be apportioned  one-half  to  the  county
local  agency  and  one-half to the sub-county local agency or agencies.
Where there is a local agency for the benefit of a  village  within  the
geographic  area  of  a  town  for the benefit of which there is a local
agency, the allocation of the village local agency shall be based on the
population of the geographic area of the village, and the allocation  of
the  town  local  agency  shall  be  based  upon  the  population of the
geographic area of the town outside of the village.  Notwithstanding the
foregoing, a local agency may surrender all or part  of  its  allocation
for  such  calendar  year  to  another  local agency with an overlapping
jurisdiction. Such surrender shall be made at  such  time  and  in  such
manner as the  commissioner shall prescribe.
  S  9.  Ineligible local agencies. To the extent that any allocation of
the local agency set-aside would be made by this act to a  local  agency
which  is  ineligible to receive such allocation under the code or under
regulations interpreting the state  volume  ceiling  provisions  of  the
code, such allocation shall instead be made to the political subdivision
for whose benefit that local agency was created.
  S 10. Municipal reallocation. The chief executive officer of any poli-
tical  subdivision or, if such political subdivision has no chief execu-
tive officer, the governing board of the political subdivision  for  the
benefit  of  which a local agency has been established, may withdraw all
or any portion of the allocation granted by section four of this act  to
such  local agency. The political subdivision may then reallocate all or
any portion of such allocation, as well as all or  any  portion  of  the
allocation  received  pursuant to section nine of this act, to itself or
any other issuer established for the benefit of that political  subdivi-
sion  or may assign all or any portion of the allocation received pursu-
ant to section nine of this act to the  local  agency  created  for  its
benefit. The chief executive officer or governing board of the political
subdivision,  as  the  case  may  be,  shall  notify,  and receive prior
approval from the commissioner before any such reallocation.
  S 11. Future allocations for multi-year housing development  projects.
1.  In addition to other powers granted under this act, the commissioner
is authorized to make the  following  future  allocations  of  statewide
ceiling  for  any  multi-year  housing development project for which the
commissioner also makes an  allocation  of  statewide  ceiling  for  the

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current year under this act:  (a) to local agencies from the local agen-
cy  set-aside (but only with the approval of the chief executive officer
of the political subdivision to which the local agency set-aside relates
or  the governing body of a political subdivision having no chief execu-
tive officer) and
  (b) to other issuers from that portion, if any, of the statewide  bond
reserve  transferred  to  the  commissioner  by the director. Any future
allocation made by the commissioner shall constitute  an  allocation  of
statewide  ceiling for the future year specified by the commissioner and
shall be deemed to have been made on the first day of the future year so
specified.
  2. In addition to other powers granted under this act, the director is
authorized to make future allocations  of  statewide  ceiling  from  the
state agency set-aside or from the statewide bond reserve to state agen-
cies for any multi-year housing development project for which the direc-
tor  also makes an allocation of statewide ceiling from the current year
under this act, and is authorized to make  transfers  of  the  statewide
bond reserve to the commissioner for future allocations to other issuers
for  multi-year  housing development projects for which the commissioner
has made an allocation of statewide ceiling for the  current  year.  Any
such  future  allocation  or  transfer of the statewide bond reserve for
future allocation made by the director shall constitute an allocation of
statewide ceiling or transfer of the  statewide  bond  reserve  for  the
future  years specified by the director and shall be deemed to have been
made on the first day of the future year so specified.
  3. (a) If an allocation made with  respect  to  a  multi-year  housing
development  project  is  not  used  by October fifteenth of the year to
which the allocation relates, the allocation with respect  to  the  then
current  year  shall  be  subject  to  recapture  in accordance with the
provisions of section twelve of this act, and in the  event  of  such  a
recapture,  unless  a carryforward election by another issuer shall have
been approved by the commissioner or a carryforward election by a  state
agency  shall have been approved by the director, all future allocations
made with respect to such project pursuant to subdivision one or two  of
this section shall be canceled.
  (b) The commissioner and the director shall have the authority to make
future allocations from recaptured current year allocations and canceled
future  allocations  to  multi-year  housing  development  projects in a
manner consistent with the provisions of this act.
  (c) The commissioner  and  the  director  shall  establish  procedures
consistent  with  the provisions of this act relating to carryforward of
future allocations.
  4. The aggregate future allocations from either of the two  succeeding
years  shall  not exceed six hundred fifty million dollars for each such
year.
  S 12. Year end allocation recapture. On or  before  October  first  of
each year, each state agency shall report to the director and each local
agency and each other issuer shall report to the commissioner the amount
of  bonds subject to allocation under this act that will be issued prior
to the end of the then current calendar year,  and  the  amount  of  the
issuer's  then  total  allocation that will remain unused. As of October
fifteenth of each year, the unused portion of each  local  agency's  and
other  issuer's  then  total  allocation as reported and the unallocated
portion of the set-aside for state  agencies  shall  be  recaptured  and
added  to the statewide bond reserve and shall no longer be available to
covered bond issuers except as otherwise provided herein.  From  October

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fifteenth through the end of the year, each local agency or other issuer
having  an  allocation  shall immediately report to the commissioner and
each state agency having an allocation shall immediately report  to  the
director  any  changes  to the status of its allocation or the status of
projects for which allocations have been made which  should  affect  the
timing  or  likelihood of the issuance of covered bonds therefor. If the
commissioner determines that a local agency or other issuer has  overes-
timated  the  amount of covered bonds subject to allocation that will be
issued prior to the end of  the  calendar  year,  the  commissioner  may
recapture  the  amount  of  the allocation to such local agency or other
issuer represented by such overestimation by notice to the local  agency
or  other issuer, and add such allocation to the statewide bond reserve.
The director may likewise make such  determination  and  recapture  with
respect to state agency allocations.
  S  13.  Allocation  carryforward.  1.  No local agency or other issuer
shall make a  carryforward  election  utilizing  any  unused  allocation
(pursuant  to  section 146(f) of the code) without the prior approval of
the commissioner. Likewise no state agency shall make or  file  such  an
election,  or  elect  to  issue  or carryforward mortgage credit certif-
icates, without the prior approval of the director.
  2. On or before November fifteenth of each  year,  each  state  agency
seeking  unused  statewide  ceiling for use in future years shall make a
request for an allocation for a  carryforward  to  the  director,  whose
approval shall be required before a carryforward election is filed by or
on behalf of any state agency. A later request may also be considered by
the  director, who may file a carryforward election for any state agency
with the consent of such agency.
  3. On or before November fifteenth of each year, each local agency  or
other  issuer  seeking  unused statewide ceiling for use in future years
shall make a request for an allocation for a carryforward to the commis-
sioner, whose approval shall be required before a carryforward  election
is  filed  by or on behalf of any local or other agency. A later request
may also be considered by the commissioner.
  S 14. New York state bond allocation policy advisory panel.  1.  There
is  hereby created a policy advisory panel and process to provide policy
advice regarding the priorities for distribution of the statewide  ceil-
ing.
  2.  The  panel  shall  consist  of  five  members,  one designee being
appointed by each of the following: the governor, the  temporary  presi-
dent  of the senate, the speaker of the assembly, the minority leader of
the senate and the minority leader of the assembly. The designee of  the
governor  shall  chair the panel. The panel shall monitor the allocation
process through the year, and in that regard, the division of the budget
and the department of economic development shall  assist  and  cooperate
with  the  panel as provided in this section. The advisory process shall
operate through the issuance of advisory  opinions  by  members  of  the
panel as provided in subdivisions six and seven of this section. A meet-
ing  may  be held at the call of the chair with the unanimous consent of
the members.
  3. (a) Upon receipt of a request  for  allocation  or  a  request  for
approval  of  a  carryforward election from the statewide reserve from a
local agency or other issuer, the commissioner shall, within five  work-
ing  days,  notify  the panel of such request and provide the panel with
copies of all application materials submitted by the applicant.
  (b) Upon receipt of a request for allocation or a request for approval
of carryforward election from the statewide reserve from a state agency,

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the director shall, within five working days, notify the panel  of  such
request  and  provide the panel with copies of all application materials
submitted by the applicant.
  4.  (a)  Following  receipt  of  a request for allocation from a local
agency or other issuer, the commissioner shall notify  the  panel  of  a
decision  to approve or exclude from further consideration such request,
and the commissioner shall state the reasons. Such notification shall be
made with or after the  transmittal  of  the  information  specified  in
subdivision  three of this section and at least five working days before
formal notification is made to the applicant.
  (b) Following receipt of a request for allocation from a state agency,
the director shall notify the panel of a decision to approve or  exclude
from  further  consideration  such request, and shall state the reasons.
Such notification shall be made with or after the  transmission  of  the
information  specified in subdivision three of this section and at least
five working days before formal notification is made to the state  agen-
cy.
  5.  The  requirements  of  subdivisions three and four of this section
shall not apply to adjustments to allocations due to bond sizing  chang-
es.
  6.  In  the  event  that  any  decision  to approve or to exclude from
further consideration a request for allocation is made within ten  work-
ing days of the end of the calendar year and in the case of all requests
for consent to a carryforward election, the commissioner or director, as
is  appropriate,  shall  provide  the  panel  with  the longest possible
advance notification of the action, consistent with the requirements  of
the  code,  and  shall,  wherever  possible, solicit the opinions of the
members of the panel before formally  notifying  any  applicant  of  the
action.  Such  notification  may  be made by means of telephone communi-
cation to the members or by  written  notice  delivered  to  the  Albany
office of the appointing authority of the respective members.
  7.  Upon  notification by the director or the commissioner, any member
of the panel may, within five working days, notify the  commissioner  or
the  director of any policy objection concerning the expected action. If
three or more members of the panel shall  submit  policy  objections  in
writing  to  the intended action, the commissioner or the director shall
respond in writing to the objection prior to taking the intended  action
unless  exigent  circumstances  make  it  necessary to respond after the
action has been taken.
  8. On or before the first day of July, in any year, the director shall
report to the members of the New York state bond allocation policy advi-
sory panel on the actual utilization of volume cap for the  issuance  of
bonds  during  the  prior calendar year and the amount of such cap allo-
cated for carryforwards for  future  bond  issuance.  The  report  shall
include, for each local agency or other issuer and each state agency the
initial  allocation,  the  amount  of  bonds issued subject to the allo-
cation, the amount of the issuer's allocation that remained unused,  the
allocation  of  the statewide bond reserve, carryforward allocations and
recapture of allocations. Further, the report shall include  projections
regarding private activity bond issuance for state and local issuers for
the  calendar  year,  as  well  as  any  recommendations for legislative
action.
  S 15. Severability. If any clause, sentence,  paragraph,  section,  or
part  of  this act shall be adjudged by any court of competent jurisdic-
tion to be invalid, such judgment shall not affect, impair,  or  invali-
date  the  remainder  thereof, but shall be confined in its operation to

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the clause, sentence,  paragraph,  section,  or  part  thereof  directly
involved  in  the  controversy  in  which  such judgment shall have been
rendered.
  S 16. Chapter 49 of the laws of 2014 is REPEALED.
  S  17. Section 51 of the public authorities law is amended by adding a
new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, THE BOARD  SHALL  HAVE
THE  POWER AND IT SHALL BE ITS DUTY TO RECEIVE APPLICATIONS FOR APPROVAL
FOR ANY FINANCING OR BOND ISSUANCES THAT UTILIZE THE LOCAL  AGENCY  SET-
ASIDE,  AS  AUTHORIZED  BY  THE "PRIVATE ACTIVITY BOND ALLOCATION ACT OF
2016", EXECUTED BY ENTITIES OR SUCCESSOR ENTITIES AS DEFINED BY SUBDIVI-
SIONS EIGHT AND NINE OF SECTION THREE OF THAT  ACT,  INCLUDING  ENTITIES
ESTABLISHED PURSUANT TO ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW,
AND CORPORATIONS ESTABLISHED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN
OF  THE NOT-FOR-PROFIT CORPORATION LAW AND ARTICLE TWELVE OF THE PRIVATE
HOUSING FINANCE LAW.
  S 18. This act shall take effect immediately.

                                 PART S

  Section 1. Section 258-aa  and  article  25  of  the  agriculture  and
markets law are REPEALED.
  S  2.  Section  1 of chapter 174 of the laws of 1968, constituting the
New York state urban development corporation act, is amended  by  adding
three new sections 16-x, 16-y and 16-z to read as follows:
  S 16-X. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. (A) IT IS HERE-
BY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS
AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION
HAS  UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S ASSETS AND, BY
CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS  MISSION
BY PROMOTING THE STATE'S DAIRY INDUSTRY.
  (B)  IT  IS FURTHER DECLARED THAT THE CONTINUED EXISTENCE OF THE STATE
DAIRY INDUSTRY, AND THE CONTINUED PRODUCTION OF MILK  ON  THE  FARMS  OF
THIS  STATE,  IS  OF  VAST  ECONOMIC  IMPORTANCE TO THE STATE AND TO THE
HEALTH AND WELFARE OF THE INHABITANTS THEREOF; THAT IT IS ESSENTIAL,  IN
ORDER  TO  ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING AND
DISTRIBUTION, THAT PRICES TO PRODUCERS BE SUCH AS TO  RETURN  REASONABLE
COSTS  OF  PRODUCTION, AND AT THE SAME TIME TO ASSURE AN ADEQUATE SUPPLY
OF MILK AND DAIRY PRODUCTS TO CONSUMERS AT  REASONABLE  PRICES;  AND  TO
THESE  ENDS  IT  IS  ESSENTIAL  THAT  CONSUMERS AND OTHERS BE ADEQUATELY
INFORMED AS TO THE DIETARY  NEEDS  AND  ADVANTAGES  OF  MILK  AND  DAIRY
PRODUCTS  AND  AS  TO  THE  ECONOMIES RESULTING FROM THE USE OF MILK AND
DAIRY PRODUCTS, AND TO COMMAND FOR MILK  AND  DAIRY  PRODUCTS,  CONSUMER
ATTENTION  AND  DEMAND CONSISTENT WITH THEIR IMPORTANCE AND VALUE. IT IS
FURTHER DECLARED THAT CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK
AND SOME OTHER DAIRY PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE
SUPPLIES OF MILK AND DAIRY  PRODUCTS  BECAUSE  OF  INCREASING  SURPLUSES
NECESSARILY  RETURNING  LESS  TO  PRODUCERS; AND THAT CONTINUED ADEQUATE
SUPPLIES OF MILK AND DAIRY PRODUCTS IS A  MATTER  OF  VITAL  CONCERN  AS
AFFECTING THE HEALTH AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT
IS  THEREFORE  DECLARED  TO  BE THE LEGISLATIVE INTENT AND POLICY OF THE
STATE:
  (I) TO ENABLE MILK PRODUCERS AND OTHERS IN THE  DAIRY  INDUSTRY,  WITH
THE  AID  OF  THE  STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF
MILK AND DAIRY PRODUCTS,

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  (II) TO PROVIDE METHODS AND MEANS  FOR  THE  DEVELOPMENT  OF  NEW  AND
IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE, AND
  (III)  TO  THIS  END,  TO  ELIMINATE  THE  POSSIBLE  IMPAIRMENT OF THE
PURCHASING POWER OF THE MILK PRODUCERS OF THIS STATE AND  TO  ASSURE  AN
ADEQUATE SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES.
  2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION.
  (B)  "DAIRY  PRODUCTS"  MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND
PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART.
  (C) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS  ENGAGED  IN  THE
PRODUCTION  OF  MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN
THIS OR ANY OTHER STATE.
  (D) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY THE PRESIDENT FROM
NOMINATIONS FROM PRODUCERS TO ASSIST THE PRESIDENT  IN  ADMINISTERING  A
DAIRY PROMOTION ORDER.
  (E)  "MILK  DEALER"  MEANS  ANY  PERSON  WHO  PURCHASES  OR HANDLES OR
RECEIVES OR SELLS  MILK,  INCLUDING  INDIVIDUALS,  PARTNERSHIPS,  CORPO-
RATIONS,  COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSO-
CIATIONS.
  (F) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED  BY  THE  PRESIDENT,
PURSUANT TO THE PROVISIONS OF THIS SECTION.
  (G) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
MILK  PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET,  BARGAIN
FOR  OR  SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR
MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
  (H) "STATE" MEANS THE STATE OF NEW YORK.
  3. POWERS AND DUTIES OF THE PRESIDENT. (A) THE PRESIDENT SHALL  ADMIN-
ISTER AND ENFORCE THE PROVISIONS OF THIS SECTION. IN ORDER TO EFFECTUATE
THE  DECLARED POLICY OF THIS SECTION THE PRESIDENT, IN CONSULTATION WITH
THE COMMISSIONER OF AGRICULTURE AND MARKETS, MAY, AFTER DUE  NOTICE  AND
HEARING, MAKE AND ISSUE A DAIRY PROMOTION ORDER, OR ORDERS.
  (B)  SUCH ORDER OR ORDERS SHALL BE ISSUED AND AMENDED OR TERMINATED IN
ACCORDANCE WITH THE FOLLOWING PROCEDURES:
  (I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED  BY
FIFTY-ONE  PER  CENTUM OF THE PRODUCERS OF MILK VOTING IN THE REFERENDUM
FOR THE AREA TO BE REGULATED BY SUCH ORDER. SUCH  REFERENDUM  SHALL  NOT
CONSTITUTE  VALID  APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF ALL MILK
PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS
MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES  IN  ACCORD-
ANCE WITH THE FOLLOWING PROCEDURES:
  (A)  COOPERATIVES  MAY  SUBMIT WRITTEN APPROVAL OF SUCH ORDER WITHIN A
PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE PRESIDENT  HAS  ANNOUNCED  A
REFERENDUM  ON  A  PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND
CERTIFIED TO THE PRESIDENT AS MEMBERS  OF  SUCH  COOPERATIVE;  PROVIDED,
HOWEVER,  THAT  ANY  COOPERATIVE BEFORE SUBMITTING SUCH WRITTEN APPROVAL
SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO
IS ITS MEMBER, OF THE INTENTION  OF  THE  COOPERATIVE  TO  APPROVE  SUCH
PROPOSED  ORDER,  AND  FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT
INTEND TO APPROVE SUCH PROPOSED ORDER, IT SHALL  LIKEWISE  GIVE  WRITTEN
NOTICE  TO EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO
APPROVE OF SUCH PROPOSED ORDER.

S. 6408--A                         100                        A. 9008--A

  (B) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE PRESIDENT SO THAT HE  OR
SHE  MAY REGISTER HIS OR HER OWN APPROVAL OR DISAPPROVAL OF THE PROPOSED
ORDER.
  (C) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE WHICH HAS NOTIFIED HIM
OR  HER  OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A PROPOSED ORDER,
AND WHO OBTAINS A BALLOT AND WITH  SUCH  BALLOT  EXPRESSES  HIS  OR  HER
APPROVAL  OR  DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY THE PRESI-
DENT AS TO THE NAME OF THE COOPERATIVE OF WHICH HE OR SHE IS  A  MEMBER,
AND THE PRESIDENT SHALL REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTI-
FIED BY SUCH COOPERATIVE.
  (D)  IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED REGARDING
A PROPOSED ORDER, THE PRESIDENT SHALL NOTIFY ALL MILK PRODUCERS THAT  AN
ORDER IS BEING CONSIDERED AND THAT EACH PRODUCER MAY REGISTER HIS OR HER
APPROVAL  OR  DISAPPROVAL  WITH THE PRESIDENT EITHER DIRECTLY OR THROUGH
HIS OR HER COOPERATIVE.
  (E) THE PRESIDENT MAY  APPOINT  A  REFERENDUM  ADVISORY  COMMITTEE  TO
ASSIST  AND  ADVISE  HIM  OR  HER IN THE CONDUCT OF THE REFERENDUM. SUCH
COMMITTEE SHALL REVIEW  REFERENDUM  PROCEDURES  AND  THE  TABULATION  OF
RESULTS,  AND  SHALL  ADVISE  THE  PRESIDENT  OF ITS FINDINGS. THE FINAL
CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE MADE BY THE  PRESIDENT.
THE COMMITTEE SHALL CONSIST OF NOT LESS THAN THREE MEMBERS, NONE OF WHOM
SHALL  BE  PERSONS  DIRECTLY AFFECTED BY THE PROMOTION ORDER BEING VOTED
UPON.  TWO MEMBERS SHALL BE REPRESENTATIVES OF  GENERAL  FARM  ORGANIZA-
TIONS WHICH ARE NOT DIRECTLY AFFECTED BY THE ORDER BEING VOTED UPON. THE
MEMBERS  OF  THE COMMITTEE SHALL NOT RECEIVE A SALARY BUT SHALL BE ENTI-
TLED TO ACTUAL AND REASONABLE EXPENSES INCURRED IN  THE  PERFORMANCE  OF
THEIR DUTIES.
  (II) THE PRESIDENT MAY, AND UPON WRITTEN PETITION OF NOT LESS THAN TEN
PER  CENTUM  OF  THE  PRODUCERS  IN  THE  AREA, EITHER AS INDIVIDUALS OR
THROUGH COOPERATIVE REPRESENTATION, SHALL CALL A  HEARING  TO  AMEND  OR
TERMINATE  SUCH  ORDER,  AND  ANY SUCH AMENDMENT OR TERMINATION SHALL BE
EFFECTIVE ONLY UPON APPROVAL OF FIFTY-ONE PER CENTUM OF THE PRODUCERS OF
MILK FOR THE AREA  REGULATED  PARTICIPATING  IN  A  REFERENDUM  VOTE  AS
PROVIDED PURSUANT TO THIS PARAGRAPH.
  (C)  THE  PRESIDENT  SHALL  ADMINISTER  AND  ENFORCE  ANY  SUCH  DAIRY
PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF:
  (I)  ENCOURAGING  THE  CONSUMPTION  OF  MILK  AND  DAIRY  PRODUCTS  BY
ACQUAINTING  CONSUMERS  AND  OTHERS  WITH  THE ADVANTAGES AND ECONOMY OF
USING MORE OF SUCH PRODUCTS,
  (II) PROTECTING THE HEALTH AND WELFARE OF  CONSUMERS  BY  ASSURING  AN
ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS,
  (III)  PROVIDING  FOR  RESEARCH  PROGRAMS  DESIGNED TO DEVELOP NEW AND
IMPROVED DAIRY PRODUCTS,
  (IV) PROVIDING FOR RESEARCH PROGRAMS DESIGNED  TO  ACQUAINT  CONSUMERS
AND  THE  PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK AND DAIRY
PRODUCTS ON THE HEALTH OF SUCH CONSUMERS,
  (V) CARRYING OUT, IN OTHER WAYS, THE DECLARED  POLICY  AND  INTENT  OF
THIS SECTION.
  4.  PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER OR
ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING:
  (A) PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS  SUBJECT
TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH
ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER.  IN
ORDER  TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR EACH
MILK DEALER WHO RECEIVES MILK FROM PRODUCERS TO  DEDUCT  THE  AMOUNT  OF
ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV-

S. 6408--A                         101                        A. 9008--A

ERED.  THE  RATE  OF  SUCH  ASSESSMENT  SHALL NOT EXCEED TWO PERCENT PER
HUNDREDWEIGHT OF THE GROSS VALUE OF THE PRODUCERS' MILK, AND  THERE  MAY
BE  CREDITED  AGAINST  ANY SUCH ASSESSMENT THE AMOUNTS PER HUNDREDWEIGHT
OTHERWISE  PAID  BY  ANY  PRODUCER  COVERED  BY  THE  ORDER BY VOLUNTARY
CONTRIBUTION OR OTHERWISE PURSUANT TO ANY OTHER FEDERAL  OR  STATE  MILK
MARKET  ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR ADVERTISING PROGRAM.
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE  OF
THIS SECTION, THE PRESIDENT, UPON WRITTEN PETITION OF NO LESS THAN TWEN-
TY-FIVE  PERCENT  OF  PRODUCERS  IN  THE  AREA, EITHER AS INDIVIDUALS OR
THROUGH COOPERATIVE REPRESENTATION, MAY CALL  A  HEARING  FOR  THE  SOLE
PURPOSE  OF  ESTABLISHING  A  NEW  RATE  OF ASSESSMENT HEREUNDER AND MAY
SUBMIT A PROPOSED CHANGE IN THE RATE OF ASSESSMENT TO THE PRODUCERS  FOR
ACCEPTANCE  OR  REJECTION  WITHOUT  OTHERWISE  AFFECTING  THE ORDER. THE
PRODUCERS IN THE AREA MAY VOTE ON THE PROPOSED RATE EITHER  AS  INDIVID-
UALS  OR THROUGH COOPERATIVE REPRESENTATION. NOTWITHSTANDING THE FOREGO-
ING PROVISIONS OF THIS PARAGRAPH AND OF  PARAGRAPH  (B)  OF  SUBDIVISION
THREE OF THIS SECTION, OR THE PROVISIONS OF ANY ORDER PROMULGATED PURSU-
ANT TO THIS SECTION, THE RATE OF ASSESSMENT, FOR ANY PERIOD DURING WHICH
A  DAIRY  PRODUCTS  PROMOTION AND RESEARCH ORDER ESTABLISHED PURSUANT TO
THE FEDERAL DAIRY AND TOBACCO ADJUSTMENT ACT OF 1983 IS IN EFFECT, SHALL
NOT BE LESS THAN AN AMOUNT EQUAL TO THE MAXIMUM CREDIT  WHICH  PRODUCERS
PARTICIPATING  IN  THIS  STATE'S  DAIRY  PRODUCTS PROMOTION OR NUTRITION
EDUCATION PROGRAMS MAY RECEIVE PURSUANT TO SUBDIVISION (G) OF  SEC.  113
OF SAID FEDERAL ACT.
  (B)  PROVISION  FOR  PAYMENTS TO ORGANIZATIONS ENGAGED IN CAMPAIGNS BY
ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL
OR NATIONAL PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED  CONSUMPTION  OF
MILK  AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY ADVAN-
TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION
IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN-
TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE.
  (C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN
RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR
RESEARCH WITH RESPECT TO THE VALUE OF MILK AND  DAIRY  PRODUCTS  IN  THE
HUMAN DIET.
  (D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED
BY  MILK  DEALERS  WITH RESPECT TO MILK RECEIVED FROM PRODUCERS AND WITH
RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
  (E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR
THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
  (F) PROVISION FOR AN ADVISORY BOARD PURSUANT TO SUBDIVISION 10 OF THIS
SECTION.
  (G) PROVISION FOR THE PRESIDENT TO RETAIN MONEY  COLLECTED  UNDER  ANY
MARKETING ORDER ISSUED PURSUANT TO THIS SECTION, TO DEFRAY THE COSTS AND
EXPENSES IN THE ADMINISTRATION THEREOF.
  (H)  SUCH  OTHER  PROVISIONS  AS  MAY  BE  NECESSARY TO EFFECTUATE THE
DECLARED POLICIES OF THIS SECTION.
  5. MATTERS TO BE CONSIDERED. IN CARRYING OUT THE  PROVISIONS  OF  THIS
SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION
ORDER  SHALL  BE ISSUED, THE PRESIDENT, IN CONSULTATION WITH THE COMMIS-
SIONER OF AGRICULTURE AND MARKETS, SHALL TAKE INTO CONSIDERATION,  AMONG
OTHERS, FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING:
  (A)  THE  TOTAL  PRODUCTION  OF MILK IN THE AREA AND THE PROPORTION OF
SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS,
  (B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA,

S. 6408--A                         102                        A. 9008--A

  (C) THE LEVEL OF CONSUMPTION PER CAPITA FOR FLUID MILK  AND  OF  OTHER
DAIRY PRODUCTS,
  (D) THE PURCHASING POWER OF CONSUMERS,
  (E)  OTHER  PRODUCTS  WHICH  COMPETE  WITH MILK AND DAIRY PRODUCTS AND
PRICES OF SUCH PRODUCTS.
  6. INTERSTATE ORDERS FOR COMPACTS. THE PRESIDENT, IN CONSULTATION WITH
THE COMMISSIONER OF AGRICULTURE AND MARKETS, IS AUTHORIZED TO CONFER AND
COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF OTHER  STATES  AND
OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND OPERATION OF JOINT
AND  CONCURRENT  DAIRY  PROMOTION  ORDERS OR OTHER ACTIVITIES TENDING TO
CARRY OUT THE DECLARED INTENT OF THE ACT. HE OR SHE MAY JOIN  WITH  SUCH
OTHER  AUTHORITIES  IN  CONDUCTING  JOINT  INVESTIGATIONS, HOLDING JOINT
HEARINGS AND ISSUING JOINT OR CONCURRENT ORDER OR  ORDERS  COMPLEMENTARY
TO  THOSE  OF  THE  FEDERAL  GOVERNMENT  AND SHALL HAVE THE AUTHORITY TO
EMPLOY OR DESIGNATE A JOINT AGENT OR JOINT AGENCIES  TO  CARRY  OUT  AND
ENFORCE SUCH JOINT, CONCURRENT OR SUPPLEMENTARY ORDERS.
  7.  PRIOR  ASSESSMENTS.  PRIOR  TO  THE  EFFECTIVE  DATE  OF ANY DAIRY
PROMOTION ORDER AS PROVIDED IN THIS SECTION, THE PRESIDENT  MAY  REQUIRE
THAT  COOPERATIVE  ASSOCIATIONS  WHICH HAVE PETITIONED FOR SUCH AN ORDER
AND THAT HAVE APPROVED OF THE ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH
THE PRESIDENT SUCH AMOUNTS AS HE OR SHE MAY DEEM NECESSARY TO DEFRAY THE
EXPENSE OF ADMINISTERING AND ENFORCING SUCH ORDER UNTIL SUCH TIME AS THE
ASSESSMENTS AS HEREIN BEFORE PROVIDED ARE  ADEQUATE  FOR  THAT  PURPOSE.
SUCH  FUNDS  SHALL BE RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT
IN THE SAME MANNER AS OTHER FUNDS RECEIVED BY HIM  OR  HER  PURSUANT  TO
THIS  SECTION  AND  THE  PRESIDENT  SHALL REIMBURSE THOSE WHO PAID THESE
PRIOR ASSESSMENTS FROM OTHER FUNDS RECEIVED BY HIM OR  HER  PURSUANT  TO
THIS SECTION.
  8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE FUNDS AND SHALL
BE  DEPOSITED IN A BANK OR OTHER DEPOSITORY OF THE CORPORATION, APPROVED
BY THE PRESIDENT, ALLOCATED TO EACH DAIRY PROMOTION  ORDER  UNDER  WHICH
THEY  WERE  COLLECTED,  AND SHALL BE DISBURSED BY THE PRESIDENT ONLY FOR
THE NECESSARY EXPENSES INCURRED BY THE PRESIDENT WITH  RESPECT  TO  EACH
SEPARATE  ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE
PRESIDENT. ALL SUCH EXPENSES SHALL BE  AUDITED  BY  THE  CORPORATION  AT
LEAST  ANNUALLY.    ANY  MONEYS  REMAINING  IN  SUCH FUND ALLOCABLE TO A
PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND  NOT  REQUIRED
BY  THE PRESIDENT TO DEFRAY THE EXPENSES OF OPERATING SUCH ORDER, MAY IN
THE DISCRETION OF THE PRESIDENT BE REFUNDED ON A PRO-RATA BASIS  TO  ALL
PERSONS  FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED; PROVIDED, HOWEV-
ER, THAT IF THE PRESIDENT FINDS THAT THE AMOUNTS SO  REFUNDABLE  ARE  SO
SMALL  AS  TO  MAKE  IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH
MONEYS, THE PRESIDENT  MAY  USE  SUCH  MONEYS  TO  DEFRAY  THE  EXPENSES
INCURRED  BY HIM OR HER IN THE PROMULGATION, ISSUANCE, ADMINISTRATION OR
ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER OR IN THE ABSENCE
OF ANY OTHER SUCH DAIRY PROMOTION ORDER,  THE  PRESIDENT  MAY  PAY  SUCH
MONEYS  TO  ANY ORGANIZATION OR INSTITUTION AS PROVIDED IN PARAGRAPH (B)
OR (C) OF SUBDIVISION FOUR OF THIS SECTION.
  9. BUDGET. THE PRESIDENT SHALL PREPARE A BUDGET FOR THE ADMINISTRATION
AND  OPERATING  COSTS  AND  EXPENSES  INCLUDING  ADVERTISING  AND  SALES
PROMOTION  WHEN REQUIRED IN ANY DAIRY PROMOTION ORDER EXECUTED HEREUNDER
AND TO PROVIDE FOR THE COLLECTION OF SUCH NECESSARY FEES OR  ASSESSMENTS
TO  DEFRAY  COSTS  AND  EXPENSES,  IN  NO CASE TO EXCEED TWO PERCENT PER
HUNDREDWEIGHT OF THE GROSS VALUE OF MILK MARKETED BY  PRODUCERS  IN  THE
AREA COVERED BY THE ORDER.

S. 6408--A                         103                        A. 9008--A

  10.  ADVISORY BOARD.  (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT TO
THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO
ADVISE AND ASSIST THE PRESIDENT IN THE  ADMINISTRATION  OF  SUCH  ORDER.
THIS  BOARD  SHALL  CONSIST  OF  NOT LESS THAN FIVE MEMBERS AND SHALL BE
APPOINTED  BY  THE  PRESIDENT  FROM  NOMINATIONS  SUBMITTED BY PRODUCERS
MARKETING MILK IN THE AREA TO WHICH THE ORDER APPLIES. NOMINATING PROCE-
DURE, QUALIFICATION, REPRESENTATION, AND  SIZE  OF  THE  ADVISORY  BOARD
SHALL BE PRESCRIBED IN THE ORDER FOR WHICH SUCH BOARD WAS APPOINTED.
  (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
ENTITLED  TO  HIS  OR  HER ACTUAL AND REASONABLE EXPENSES INCURRED WHILE
PERFORMING HIS OR HER DUTIES AS AUTHORIZED IN THIS SECTION.
  (C) THE DUTIES AND RESPONSIBILITIES OF THE  ADVISORY  BOARD  SHALL  BE
PRESCRIBED  BY  THE PRESIDENT AND HE OR SHE MAY SPECIFICALLY DELEGATE TO
THE ADVISORY BOARD, BY INCLUSION IN THE DAIRY PROMOTION  ORDER,  ALL  OR
ANY OF THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  (I)  THE  RECOMMENDATION  TO THE PRESIDENT OF ADMINISTRATIVE RULES AND
REGULATIONS RELATING TO THE ORDER.
  (II) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS  TO  THE  ORDER  AS
DEEMED ADVISABLE.
  (III)  THE PREPARATION AND SUBMISSION TO THE PRESIDENT OF AN ESTIMATED
BUDGET REQUIRED FOR THE PROPER OPERATION OF THE ORDER.
  (IV) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING PRODUCERS AND
METHODS FOR COLLECTING THE NECESSARY FUNDS.
  (V) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLY OF INFORMA-
TION AND DATA NECESSARY FOR THE PROPER ADMINISTRATION OF THE ORDER.
  (VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
AS THE PRESIDENT SHALL DESIGNATE.
  11. RULES AND REGULATIONS; ENFORCEMENT.  (A) THE PRESIDENT  MAY,  WITH
THE  ADVICE  AND  ASSISTANCE  OF THE ADVISORY BOARD, MAKE AND ISSUE SUCH
RULES AND REGULATIONS AS MAY BE NECESSARY TO EFFECTUATE  THE  PROVISIONS
AND  INTENT  OF  THIS SECTION AND TO ENFORCE THE PROVISIONS OF ANY DAIRY
PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
  (B) THE PRESIDENT MAY INSTITUTE SUCH ACTION AT LAW OR IN EQUITY AS MAY
APPEAR NECESSARY TO  ENFORCE  COMPLIANCE  WITH  ANY  PROVISION  OF  THIS
SECTION,  OR  ANY RULE OR REGULATION, OR DAIRY PROMOTION ORDER COMMITTED
TO HIS OR HER ADMINISTRATION, AND MAY APPLY FOR RELIEF BY INJUNCTION  IF
NECESSARY  TO  PROTECT  THE  PUBLIC  INTEREST WITHOUT BEING COMPELLED TO
ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT  LAW  DOES  NOT  EXIST.  SUCH
APPLICATION SHALL BE MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY
PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR TO THE SUPREME COURT IN
THE THIRD JUDICIAL DISTRICT.
  12.  COOPERATION  BY  THE  DEPARTMENT  OF AGRICULTURE AND MARKETS. THE
PRESIDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS
OF SUCH REQUEST FROM THE NEW YORK STATE DEPARTMENT  OF  AGRICULTURE  AND
MARKETS  (HEREAFTER REFERRED TO IN THIS SUBDIVISION AS THE "DEPARTMENT")
SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY FOR THE
CORPORATION TO PROVIDE SERVICES WITH RESPECT TO  THE  ADMINISTRATION  OF
THE  PROCEDURES  SET FORTH FOR THE ISSUANCE, TERMINATION OR AMENDMENT OF
ANY DAIRY PROMOTION ORDER AND/OR THE ADMINISTRATION OF ANY  SUCH  ORDER.
THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY
THE  CORPORATION  IN  PERFORMING ITS DUTIES PURSUANT TO THIS SECTION AND
REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE
DEPARTMENT IN SUPPLYING SUCH  SERVICES,  SUBSEQUENT  TO  SUBMISSION  AND
AUDIT  OF  A VOUCHER THEREFOR.   SUCH REIMBURSEMENT SHALL NOT EXCEED THE
TOTAL AMOUNT OF FUNDS COLLECTED BY  THE  CORPORATION  PURSUANT  TO  THIS

S. 6408--A                         104                        A. 9008--A

SECTION  LESS  THE  REASONABLE  EXPENSES  INCURRED BY THE CORPORATION IN
PERFORMING ITS DUTIES PURSUANT TO THIS SECTION.
  13.  INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM-
LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES,  FROM  AND
AGAINST  ANY  AND  ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS
AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING
TO, THE ADMINISTRATION OF A DAIRY PROMOTION ORDER ISSUED OR ADMINISTERED
PURSUANT TO THIS SECTION.  IN CONNECTION WITH THE FOREGOING, THE  CORPO-
RATION  SHALL  GIVE  THE  STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION,
CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO  TAKE  OVER,  SETTLE  OR
DEFEND  SUCH  ACTION, CLAIM OR SUIT AT THE STATE'S SOLE EXPENSE, AND (C)
ASSISTANCE IN THE DEFENSE OF ANY SUCH  ACTION  AT  THE  EXPENSE  OF  THE
STATE.
  14.  CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES
WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION  IN  ACCORDANCE  WITH
THE  CORPORATION'S  POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING
SECTION 2879 OF THE PUBLIC AUTHORITIES LAW  OR  ANY  OTHER  LAW  TO  THE
CONTRARY,  ANY  SUCH  CONTRACT  MAY  BE PROCURED BY THE CORPORATION ON A
SOLE-SOURCE BASIS, AND SHALL  NOT  BE  SUBJECT  TO  COMPETITIVE  BID  OR
COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS.
  S 16-Y. MARKETING OF AGRICULTURAL PRODUCTS. DECLARATION OF POLICY. (A)
IT  IS HEREBY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE
A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION,  THE
CORPORATION  HAS  UNDERTAKEN  A  VIGOROUS CAMPAIGN TO MARKET THE STATE'S
ASSETS AND BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER
THIS MISSION BY PROMOTING THE DEVELOPMENT OF  MARKETS  FOR  AGRICULTURAL
PRODUCTS GROWN AND PRODUCED IN THE STATE.
  (B)  IT IS FURTHER DECLARED THAT THE MARKETING OF AGRICULTURAL COMMOD-
ITIES AND AQUATIC PRODUCTS IN THIS STATE, IN EXCESS  OF  REASONABLE  AND
NORMAL  MARKET  DEMANDS  THEREFOR;  DISORDERLY MARKETING OF SUCH COMMOD-
ITIES; IMPROPER PREPARATION FOR MARKET AND LACK OF UNIFORM  GRADING  AND
CLASSIFICATION  OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS; UNFAIR
METHODS OF COMPETITION IN THE MARKETING  OF  SUCH  COMMODITIES  AND  THE
INABILITY  OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND LARGER MARKETS FOR
AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT IN AN UNREASONABLE
AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL WEALTH OF THIS STATE.
SUCH CONDITIONS AND THE ACCOMPANYING WASTE JEOPARDIZE THE FUTURE CONTIN-
UED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR  THE  PEOPLE  OF  THIS  AND
OTHER  STATES.  THESE  CONDITIONS VITALLY CONCERN THE HEALTH, SAFETY AND
GENERAL WELFARE OF THE PEOPLE OF THIS STATE.
  IT IS THEREFORE DECLARED THE LEGISLATIVE PURPOSE  AND  THE  POLICY  OF
THIS STATE:
  (I)  TO  ENABLE  AGRICULTURAL  PRODUCERS AND AQUATIC PRODUCERS OF THIS
STATE, WITH THE AID OF THE STATE,  MORE  EFFECTIVELY  TO  CORRELATE  THE
MARKETING  OF  THEIR  AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH
MARKET DEMANDS THEREFOR.
  (II) TO ESTABLISH ORDERLY, EFFICIENT AND EQUITABLE MARKETING OF  AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
  (III)  TO  PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET.
  (IV) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND LARG-
ER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN
NEW YORK.
  (V) TO ELIMINATE OR REDUCE THE ECONOMIC  WASTE  IN  THE  MARKETING  OF
AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS.

S. 6408--A                         105                        A. 9008--A

  (VI) TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER OF AQUATIC
PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE; AND
  (VII)  TO  AID  AGRICULTURAL  AND  AQUATIC PRODUCERS IN MAINTAINING AN
INCOME AT AN ADEQUATE AND EQUITABLE LEVEL.
  2. DEFINITIONS. (A) "AGRICULTURAL COMMODITY" MEANS ANY AND  ALL  AGRI-
CULTURAL, HORTICULTURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBE-
ANS,  BARLEY,  WHEAT,  POULTRY  OR POULTRY PRODUCTS, BEES, MAPLE SAP AND
PURE MAPLE PRODUCTS  PRODUCED  THEREFROM,  CHRISTMAS  TREES,  LIVESTOCK,
INCLUDING  SWINE,  AND  HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL
STATE OR AS PROCESSED BY THE PRODUCER THEREOF BUT DOES NOT INCLUDE MILK,
TIMBER OR TIMBER PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE  AND
LEGUMES EXCEPT FOR SOYBEANS.
  (B) "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUAT-
IC PLANTS AND ANIMALS.
  (C)  "AQUATIC  PRODUCTS"  MEANS  ANY  FOOD  OR FIBER PRODUCTS OBTAINED
THROUGH THE  PRACTICE  OF  AQUACULTURE,  INCLUDING  MARICULTURE;  OR  BY
HARVEST  FROM  THE SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN THIS
STATE.  SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED  TO  FISH,  SHELLFISH,
SEAWEED OR OTHER WATER BASED PLANT LIFE.
  (D) "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI-
NESS  OF  PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET, ANY AGRI-
CULTURAL COMMODITY OR AQUATIC PRODUCT.
  (E) "HANDLER" MEANS ANY PERSON ENGAGED IN THE  OPERATION  OF  PACKING,
GRADING, SELLING, OFFERING FOR SALE OR MARKETING ANY MARKETABLE AGRICUL-
TURAL  COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHERWISE
SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED.
  (F) "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN PROCESS-
ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ-
ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND-
ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN
AGRICULTURAL PRODUCT OR AQUATIC PRODUCT FOR  THE  PURPOSE  OF  MARKETING
SUCH  COMMODITY  BUT SHALL NOT INCLUDE A PERSON ENGAGED IN MANUFACTURING
FROM AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND  DIFFERENT
PRODUCT.
  (G) "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN SELL-
ING,  OFFERING  FOR  SALE,  MARKETING  OR  DISTRIBUTING  AN AGRICULTURAL
COMMODITY OR AQUATIC PRODUCT WHICH HE OR SHE HAS PURCHASED  OR  ACQUIRED
FROM  A  PRODUCER  OR  OTHER  PERSON  OR WHICH HE OR SHE IS MARKETING ON
BEHALF OF A PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE,
BROKER OR OTHERWISE, BUT SHALL  NOT  INCLUDE  A  RETAILER,  EXCEPT  SUCH
RETAILER  WHO  PURCHASES  OR  ACQUIRES FROM, OR HANDLES ON BEHALF OF ANY
PRODUCER OR OTHER PERSON, AN AGRICULTURAL COMMODITY OR  AQUATIC  PRODUCT
SUBJECT  TO REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH
COMMODITY.
  (H) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION.
  (I) "MARKETING AGREEMENT" MEANS AN AGREEMENT ENTERED  INTO,  WITH  THE
APPROVAL  OF  THE  PRESIDENT, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS
AND HANDLERS REGULATING THE PREPARATION, SALE AND HANDLING  OF  AGRICUL-
TURAL COMMODITIES OR AQUATIC PRODUCTS.
  (J)  "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT PURSUANT
TO THIS SECTION, PRESCRIBING RULES AND REGULATIONS GOVERNING THE MARKET-
ING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR  THE  HANDLING  IN
ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SOLD IN THIS
STATE DURING ANY SPECIFIED PERIOD OR PERIODS.
  3.  POWERS AND DUTIES OF THE PRESIDENT. (A) IN ORDER TO EFFECTUATE THE
DECLARED POLICY OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE

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COMMISSIONER OF AGRICULTURE AND  MARKETS,  MAY,  AFTER  DUE  NOTICE  AND
OPPORTUNITY  FOR  HEARING, APPROVE MARKETING AGREEMENTS, WHICH MARKETING
AGREEMENTS SHALL THEREUPON  BE  BINDING  UPON  THE  SIGNATORIES  THERETO
EXCLUSIVELY.
  (B)  THE  PRESIDENT  MAY  MAKE  AND  ISSUE MARKETING ORDERS, AFTER DUE
NOTICE AND OPPORTUNITY FOR HEARING, SUBJECT TO:
  (I) APPROVAL OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER  CENTUM  OF
THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR
  (II)  APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE PRODUCERS
PARTICIPATING IN A REFERENDUM VOTE, IN THE  AREA  AFFECTED,  AND  HAVING
MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE
COMMODITY  WHICH  WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKETING
SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR
  (III) APPROVAL OF NOT LESS THAN FIFTY-ONE PER CENTUM OF THE  PRODUCERS
PARTICIPATING  IN  A  REFERENDUM  VOTE, IN THE AREA AFFECTED, AND HAVING
MARKETED NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE  TOTAL  QUANTITY  OF
THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKET-
ING  SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM. THE PRESIDENT
MAY, AND UPON WRITTEN PETITION DULY SIGNED BY TWENTY-FIVE PER CENTUM  OF
THE PRODUCERS IN THE AREA AMEND OR TERMINATE SUCH ORDER AFTER DUE NOTICE
AND  OPPORTUNITY  FOR  HEARING,  BUT SUBJECT TO THE APPROVAL OF NOT LESS
THAN FIFTY PER CENTUM OF SUCH PRODUCERS PARTICIPATING  IN  A  REFERENDUM
VOTE.
  (C)  THE  PRESIDENT  SHALL ADMINISTER AND ENFORCE ANY MARKETING ORDER,
WHILE IT IS IN EFFECT, TO:
  (I) ENCOURAGE AND MAINTAIN STABLE PRICES  RECEIVED  BY  PRODUCERS  FOR
SUCH  AGRICULTURAL  COMMODITY  AND  AQUATIC  PRODUCT AT A LEVEL WHICH IS
CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ACT.
  (II) PREVENT THE UNREASONABLE OR UNNECESSARY WASTE OF  LAND  OR  WATER
BASED WEALTH.
  (III)  PROTECT  THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY EXER-
CISING THE POWERS OF THIS SECTION TO SUCH  EXTENT  AS  IS  NECESSARY  TO
EFFECTUATE THE PURPOSES OF THIS ACT.
  (IV)  PREPARE  A BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND
EXPENSES INCLUDING ADVERTISING AND SALES PROMOTION WHEN REQUIRED IN  ANY
MARKETING AGREEMENT OR ORDER EXECUTED IN THIS SECTION AND TO PROVIDE FOR
THE COLLECTION AND RETENTION OF SUCH NECESSARY FEES TO DEFRAY SUCH COSTS
AND  EXPENSES,  IN  NO  CASE  TO EXCEED FIVE PERCENT OF THE GROSS DOLLAR
VOLUME OF SALES OR DOLLAR VOLUME OF PURCHASES OR AMOUNTS HANDLED, TO  BE
COLLECTED  FROM  EACH  PERSON  ENGAGED  IN  THE  PRODUCTION, PROCESSING,
DISTRIBUTING OR THE HANDLING OF ANY  MARKETABLE  AGRICULTURAL  COMMODITY
AND  AQUATIC  PRODUCT  PRODUCED  OR  LANDED  IN  THIS STATE AND DIRECTLY
AFFECTED BY ANY MARKETING ORDER ISSUED PURSUANT TO THIS SECTION FOR SUCH
COMMODITY.
  (V) CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED  AUTHORITIES  OF
OTHER STATES AND THE UNITED STATES.
  (D)  ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE PRESIDENT PURSUANT
TO THIS SECTION MAY CONTAIN ANY OR ALL OF THE FOLLOWING:
  (I) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS
OF ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE OR QUALITY THEREOF,
AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS.
  (II) PROVISIONS FOR LIMITING THE TOTAL QUANTITY  OF  ANY  AGRICULTURAL
PRODUCT,  OR  OF  ANY  GRADE  OR  GRADES,  SIZE  OR SIZES, OR QUALITY OR
PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC-
IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY  SUCH  COMMODITY  SO
REGULATED  SHALL NOT BE LESS THAN THE QUANTITY WHICH THE PRESIDENT SHALL

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FIND IS REASONABLY NECESSARY TO SUPPLY THE MARKET  DEMAND  OF  CONSUMERS
FOR SUCH COMMODITY.
  (III)  PROVISIONS  REGULATING  TO THE PERIOD, OR PERIODS, DURING WHICH
ANY AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES,  SIZE  OR  SIZES  OR
QUALITY OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED.
  (IV)  PROVISIONS  FOR THE ESTABLISHMENT OF UNIFORM GRADING, STANDARDS,
AND INSPECTION OF ANY AGRICULTURAL COMMODITY DELIVERED BY  PRODUCERS  OR
OTHER  PERSONS  TO HANDLERS, PROCESSORS, DISTRIBUTORS OR OTHERS ENGAGING
IN THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR  STAND-
ARDS  OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY AGRICULTURAL
COMMODITY, AND THE INSPECTION AND GRADING OF SUCH COMMODITY  IN  ACCORD-
ANCE  WITH  SUCH GRADING OR STANDARDS SO ESTABLISHED; AND FOR PROVISIONS
THAT NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY  AGRICULTURAL
COMMODITY  FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY, EXCEPT
AS OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL,  OFFER
FOR  SALE,  PROCESS,  DISTRIBUTE  OR OTHERWISE HANDLE ANY SUCH COMMODITY
WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING
WITH SUCH ESTABLISHED GRADING OR STANDARDS. FOR  THE  PURPOSES  OF  THIS
SECTION,   THE   FEDERAL-STATE  INSPECTION  SERVICE  SHALL  PERFORM  ALL
INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS.
  (V) PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED  TO
BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL.
  (VI)  PROVISIONS FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY
MARKETING ORDER ISSUED PURSUANT TO THIS SECTION TO DEFRAY THE COSTS  AND
EXPENSES IN THE ADMINISTRATION THEREOF.
  (VII)  SUCH  OTHER  PROVISIONS  AS  MAY BE NECESSARY TO EFFECTUATE THE
DECLARED POLICIES OF THIS SECTION.
  (VIII)  PROVISIONS  TO  ESTABLISH  MARKETING  PROMOTION  AND  RESEARCH
PROGRAMS  FOR  AQUATIC  PRODUCTS  WHICH  MAY  INCLUDE  SUBPARAGRAPHS (I)
THROUGH (VII) OF THIS PARAGRAPH.
  (E) THE PRESIDENT MAY TEMPORARILY SUSPEND THE OPERATION OF  AN  EFFEC-
TIVE  MARKETING  ORDER  FOR  A  CONTINUING PERIOD OF NOT LONGER THAN ONE
GROWING AND MARKETING SEASON, IF THE PURPOSES OF THIS SECTION ARE DEEMED
UNNECESSARY DURING SUCH SEASON.
  (F) IN CARRYING OUT THE PURPOSES OF THIS SECTION,  THE  PRESIDENT,  IN
CONSULTATION  WITH  THE  COMMISSIONER  OF AGRICULTURE AND MARKETS, SHALL
TAKE INTO CONSIDERATION ANY AND ALL FACTS AVAILABLE TO HIM OR  HER  WITH
RESPECT TO THE FOLLOWING ECONOMIC FACTORS:
  (I) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB-
UTION.
  (II)  THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY REQUIRED BY
CONSUMERS.
  (III) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY.
  (IV) THE PURCHASING POWER OF CONSUMERS.
  (V) THE LEVEL OF PRICES OF COMMODITIES, SERVICES  AND  SECTIONS  WHICH
THE FARMERS COMMONLY BUY.
  (VI)  THE  LEVEL  OF PRICES OF OTHER COMMODITIES WHICH COMPETE WITH OR
ARE UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY.
  (G) THE EXECUTION OF SUCH MARKETING  AGREEMENTS  SHALL  IN  NO  MANNER
AFFECT  THE  ISSUANCE,  ADMINISTRATION  OR  ENFORCEMENT OF ANY MARKETING
ORDER PROVIDED FOR IN THIS SECTION. THE PRESIDENT MAY ISSUE SUCH MARKET-
ING ORDER WITHOUT EXECUTING A  MARKETING  AGREEMENT  OR  MAY  EXECUTE  A
MARKETING  AGREEMENT WITHOUT ISSUING A MARKETING ORDER COVERING THE SAME
COMMODITY. THE PRESIDENT, IN HIS OR HER DISCRETION, MAY HOLD  A  CONCUR-
RENT  HEARING UPON A PROPOSED MARKETING AGREEMENT AND A PROPOSED MARKET-

S. 6408--A                         108                        A. 9008--A

ING ORDER IN THE MANNER PROVIDED FOR GIVING DUE NOTICE  AND  OPPORTUNITY
FOR HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS SECTION.
  (H)  PRIOR  TO THE ISSUANCE, AMENDMENT OR TERMINATION OF ANY MARKETING
ORDER, THE PRESIDENT MAY  REQUIRE  THE  APPLICANTS  FOR  SUCH  ISSUANCE,
AMENDMENT OR TERMINATION TO DEPOSIT WITH HIM OR HER SUCH AMOUNT AS HE OR
SHE  MAY  DEEM  NECESSARY TO DEFRAY THE EXPENSES OF PREPARING AND MAKING
EFFECTIVE AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE
RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS
OTHER FEES RECEIVED BY HIM OR HER UNDER THIS SECTION AND, IN  THE  EVENT
THE  APPLICATION  FOR  ADOPTION, AMENDMENT OR TERMINATION OF A MARKETING
ORDER IS APPROVED IN A REFERENDUM, THE  PRESIDENT  SHALL  REIMBURSE  ANY
SUCH  APPLICANT  IN  THE  AMOUNT OF ANY SUCH DEPOSIT FROM ANY UNEXPENDED
MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM.
  (I) ANY MONEYS COLLECTED BY THE PRESIDENT  PURSUANT  TO  THIS  SECTION
SHALL  NOT  BE  DEEMED  STATE  FUNDS AND SHALL BE DEPOSITED IN A BANK OR
OTHER DEPOSITORY OF THE CORPORATION, APPROVED BY  THE  PRESIDENT,  ALLO-
CATED  TO EACH MARKETING ORDER UNDER WHICH THEY ARE COLLECTED, AND SHALL
BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY  EXPENSES  INCURRED
BY THE PRESIDENT WITH RESPECT TO EACH SUCH SEPARATE MARKETING ORDER, ALL
IN  ACCORDANCE WITH THE RULES AND REGULATIONS OF THE PRESIDENT. ALL SUCH
EXPENDITURES SHALL BE AUDITED BY THE CORPORATION AT LEAST ANNUALLY.  ANY
MONEYS  REMAINING  IN  SUCH  FUND  ALLOCABLE TO ANY PARTICULAR COMMODITY
AFFECTED BY A MARKETING ORDER MAY, IN THE DISCRETION OF  THE  PRESIDENT,
BE  REFUNDED  AT THE CLOSE OF ANY MARKETING SEASON UPON A PRO-RATA BASIS
TO ALL PERSONS FROM WHOM ASSESSMENTS THEREFOR WERE COLLECTED OR, WHENEV-
ER THE PRESIDENT FINDS THAT SUCH MONEYS MAY BE NECESSARY TO  DEFRAY  THE
COST OF OPERATING SUCH MARKETING ORDER IN A SUCCEEDING MARKETING SEASON,
HE OR SHE MAY CARRY OVER ALL OR ANY PORTION OF SUCH MONEYS INTO THE NEXT
SUCH  SUCCEEDING  SEASON.  UPON  THE TERMINATION BY THE PRESIDENT OF ANY
MARKETING ORDER, ALL MONEYS REMAINING AND NOT REQUIRED BY THE  PRESIDENT
TO  DEFRAY  THE  EXPENSES  OF  OPERATING  SUCH MARKETING ORDER, SHALL BE
REFUNDED BY THE PRESIDENT UPON A PRO-RATA BASIS TO ALL PERSONS FROM WHOM
ASSESSMENTS THEREFOR WERE COLLECTED;  PROVIDED,  HOWEVER,  THAT  IF  THE
PRESIDENT  FINDS  THAT THE AMOUNTS SO REFUNDABLE ARE SO SMALL AS TO MAKE
IMPRACTICABLE THE COMPUTATION AND REFUNDING OF SUCH REFUNDS, THE  PRESI-
DENT  MAY  USE SUCH MONEYS TO DEFRAY THE EXPENSES INCURRED BY HIM OR HER
IN THE FORMULATION,  ISSUANCE,  ADMINISTRATION  OR  ENFORCEMENT  OF  ANY
SUBSEQUENT MARKETING ORDER FOR SUCH COMMODITY.
  (J)  ADVISORY BOARD.   (I) ANY MARKETING ORDER ISSUED PURSUANT TO THIS
SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF  AN  ADVISORY  BOARD,  TO
CONSIST  OF  NOT  LESS  THAN FIVE MEMBERS NOR MORE THAN NINE MEMBERS, TO
ADVISE THE PRESIDENT IN THE ADMINISTRATION OF SUCH  MARKETING  ORDER  IN
ACCORDANCE  WITH  ITS  TERMS  AND  PROVISIONS. THE MEMBERS OF SAID BOARD
SHALL BE APPOINTED BY THE PRESIDENT FROM NOMINATIONS RECEIVED  FROM  THE
COMMODITY GROUP FOR WHICH THE MARKETING ORDER IS ESTABLISHED. NOMINATING
PROCEDURE,  QUALIFICATION, REPRESENTATION AND SIZE OF THE ADVISORY BOARD
SHALL BE PRESCRIBED IN EACH MARKETING ORDER  FOR  WHICH  SUCH  BOARD  IS
APPOINTED.  EACH  ADVISORY BOARD SHALL BE COMPOSED OF SUCH PRODUCERS AND
HANDLERS OR PROCESSORS AS ARE DIRECTLY AFFECTED BY THE  MARKETING  ORDER
IN  SUCH  PROPORTION OF REPRESENTATION AS THE ORDER SHALL PRESCRIBE. THE
PRESIDENT MAY APPOINT ONE PERSON WHO IS NEITHER A PRODUCER, PROCESSOR OR
OTHER HANDLER TO REPRESENT THE DEPARTMENT OF  AGRICULTURE  AND  MARKETS,
THE CORPORATION, OR THE PUBLIC GENERALLY.
  (II)  NO  MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY, BUT EACH
SHALL BE ENTITLED TO HIS OR HER ACTUAL EXPENSES INCURRED  WHILE  ENGAGED
IN PERFORMING HIS OR HER DUTIES HEREIN AUTHORIZED.

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  (III)  THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY BOARD SHALL BE
PRESCRIBED BY THE PRESIDENT, AND HE OR SHE MAY SPECIFICALLY DELEGATE  TO
THE  ADVISORY  BOARD, BY INCLUSION IN THE MARKETING ORDER, ALL OR ANY OF
THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  (A)  THE  RECOMMENDATION  TO THE PRESIDENT OF ADMINISTRATIVE RULES AND
REGULATIONS RELATING TO THE MARKETING ORDER.
  (B) RECOMMENDING TO THE PRESIDENT SUCH  AMENDMENTS  TO  THE  MARKETING
ORDER AS DEEMED ADVISABLE.
  (C)  THE  PREPARATION AND SUBMISSION TO THE PRESIDENT OF THE ESTIMATED
BUDGET REQUIRED FOR THE PROPER OPERATION OF THE MARKETING ORDER.
  (D) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING MEMBERS OF THE
INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
  (E) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLING OF INFOR-
MATION AND DATA NECESSARY TO THE PROPER ADMINISTRATION OF THE ORDER.
  (F) THE PERFORMANCE OF  SUCH  OTHER  DUTIES  IN  CONNECTION  WITH  THE
MARKETING ORDER AS THE PRESIDENT SHALL DESIGNATE.
  4.  RULES  AND  REGULATIONS;  ENFORCEMENT.  THE PRESIDENT MAY MAKE AND
PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO  EFFECTUATE
THE  PROVISIONS  AND INTENT OF THIS SECTION AND TO ENFORCE THE PROVISION
OF ANY MARKETING AGREEMENT OR ORDER, ALL OF WHICH SHALL HAVE  THE  FORCE
AND EFFECT OF LAW.
  THE  PRESIDENT  MAY  INSTITUTE  SUCH ACTION AT LAW OR IN EQUITY AS MAY
APPEAR NECESSARY TO  ENFORCE  COMPLIANCE  WITH  ANY  PROVISION  OF  THIS
SECTION,  OR  ANY  RULE  OR  REGULATION,  MARKETING  AGREEMENT OR ORDER,
COMMITTED TO HIS OR HER ADMINISTRATION, AND IN ADDITION  MAY  APPLY  FOR
RELIEF BY INJUNCTION IF NECESSARY TO PROTECT THE PUBLIC INTEREST WITHOUT
BEING  COMPELLED  TO ALLEGE OR PROVE THAT AN ADEQUATE REMEDY AT LAW DOES
NOT EXIST. SUCH APPLICATION MAY BE MADE TO  THE  SUPREME  COURT  IN  ANY
DISTRICT  OR  COUNTY AS PROVIDED IN THE CIVIL PRACTICE LAW AND RULES, OR
TO THE SUPREME COURT IN THE THIRD JUDICIAL DISTRICT.
  5. COOPERATION BY THE DEPARTMENT OF AGRICULTURE AND MARKETS. THE PRES-
IDENT OF THE CORPORATION MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS  OF
SUCH  REQUEST,  FROM  THE  NEW  YORK STATE DEPARTMENT OF AGRICULTURE AND
MARKETS (HEREINAFTER REFERRED TO IN THIS  SUBDIVISION  AS  THE  "DEPART-
MENT")  SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECESSARY
FOR THE CORPORATION TO PROVIDE SERVICES WITH  RESPECT  TO  THE  ADMINIS-
TRATION  OF  THE  PROCEDURES  SET FORTH FOR THE ISSUANCE, TERMINATION OR
AMENDMENT OF ANY AGRICULTURAL, COMMODITIES OR AQUATIC ORDER  AND/OR  THE
ADMINISTRATION  OF  ANY  SUCH  ORDER.    THE CORPORATION SHALL RETAIN AN
AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE CORPORATION  IN  PERFORMING
ITS  DUTIES  PURSUANT  TO  THIS  SECTION AND REIMBURSE THE DEPARTMENT AN
AMOUNT EQUAL TO THE EXPENSES INCURRED BY  THE  DEPARTMENT  IN  SUPPLYING
SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR.
SUCH  REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS COLLECTED
BY THE CORPORATION PURSUANT TO THIS SECTION LESS THE REASONABLE EXPENSES
INCURRED BY THE CORPORATION IN PERFORMING ITS DUTIES  PURSUANT  TO  THIS
SECTION.
  6.  INDEMNIFICATION.  THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM-
LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES,  FROM  AND
AGAINST  ANY  AND  ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS
AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING
TO, THE ADMINISTRATION  OF  ANY  AGRICULTURAL,  COMMODITIES  OR  AQUATIC
PROMOTION  ORDER  ISSUED  OR  ADMINISTERED PURSUANT TO THIS SECTION.  IN
CONNECTION WITH THE FOREGOING, THE CORPORATION SHALL GIVE THE STATE  (A)
PROMPT  WRITTEN  NOTICE  OF ANY ACTION, CLAIM OR THREAT OF SUIT, (B) THE
OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT

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THE STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY  SUCH
ACTION AT THE EXPENSE OF THE STATE.
  7.  CONTRACTUAL  PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES
WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION  IN  ACCORDANCE  WITH
THE  CORPORATION'S  POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING
SECTION 2879 OF THE PUBLIC AUTHORITIES LAW  OR  ANY  OTHER  LAW  TO  THE
CONTRARY,  ANY  SUCH  CONTRACT  MAY  BE PROCURED BY THE CORPORATION ON A
SOLE-SOURCE BASIS, AND SHALL  NOT  BE  SUBJECT  TO  COMPETITIVE  BID  OR
COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS.
  S  16-Z.  MARKETING  ORDERS.    THE  MARKETING  ORDERS, THE REGULATORY
PROVISIONS RELATING THERETO, SET FORTH IN  TITLE  ONE  OF  THE  OFFICIAL
COMPILATION  OF  CODES,  RULES  AND REGULATIONS OF THE STATE OF NEW YORK
PARTS 40, 200, 201, 202, 203, 204, AND 205, AND THE  CONTRACTS  RELATING
THERETO  SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL AMENDED OR REPEALED
PURSUANT TO THE STATUTORY AUTHORITY SET FORTH IN SECTIONS 16-X AND  16-Y
OF  THIS  ACT  EXCEPT  THAT:  (A)  SUCH MARKETING ORDERS, THE REGULATORY
PROVISIONS RELATING THERETO, AND THE CONTRACTS RELATING THERETO SHALL BE
ADMINISTERED BY AND UNDER THE SUPERVISION OF THE PRESIDENT OF THE CORPO-
RATION AS OF THE EFFECTIVE DATE OF SECTIONS 16-X AND 16-Y OF  THIS  ACT;
(B)  ALL  UNDISBURSED FUNDS UNDER THE CONTROL OF THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS SHALL BE TRANSFERRED TO THE CORPORATION ON OR BEFORE
SUCH EFFECTIVE DATE; AND (C) ANY ASSESSMENTS DUE AND PAYABLE UNDER  SUCH
MARKETING  ORDERS  SHALL BE REMITTED TO THE CORPORATION STARTING 30 DAYS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  and shall expire and be deemed repealed five years
after such date; provided, however, that any assessment due and  payable
under  such  marketing orders shall be remitted to the urban development
corporation starting 30 days after such effective date.

                                 PART T

  Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
section 27-1905 of the environmental conservation  law,  as  amended  by
section  1  of  part G of chapter 58 of the laws of 2013, are amended to
read as follows:
  1. [Until December thirty-first, two thousand sixteen, accept]  ACCEPT
from  a  customer,  waste  tires of approximately the same size and in a
quantity equal to the number of new tires purchased or installed by  the
customer; and
  [Until December thirty-first, two thousand sixteen, post] POST written
notice  in  a  prominent location, which must be at least eight and one-
half inches by  fourteen  inches  in  size  and  contain  the  following
language:
  S  2. The opening paragraph of subdivision 1, the opening paragraph of
subdivision 2 and the opening paragraph of subdivision 3  and  paragraph
(a)  of  subdivision 6 of section 27-1913 of the environmental conserva-
tion law, as amended by section 2 of part G of chapter 58 of the laws of
2013, are amended to read as follows:
  [Until December thirty-first, two thousand sixteen, a]  A  waste  tire
management  and  recycling  fee  of two dollars and fifty cents shall be
charged on each new tire sold. The fee shall be paid by the purchaser to
the tire service at the time the  new  tire  or  new  motor  vehicle  is
purchased.
  [Until  December  thirty-first,  two  thousand  sixteen, the] THE tire
service shall collect the waste tire management and recycling  fee  from

S. 6408--A                         111                        A. 9008--A

the  purchaser  at  the time of the sale and shall remit such fee to the
department of taxation and  finance  with  the  quarterly  report  filed
pursuant to subdivision three of this section.
  [Until  March  thirty-first,  two  thousand seventeen, each] EACH tire
service maintaining a place of business  in  this  state  shall  make  a
return  to  the department of taxation and finance on a quarterly basis,
with the return for December, January, and  February  being  due  on  or
before  the  immediately  following  March  thirty-first; the return for
March, April, and May being due on or before the  immediately  following
June  thirtieth;  the  return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the  immediately
following December thirty-first.
  (a) [Until December thirty-first, two thousand sixteen, any] ANY addi-
tional  waste tire management and recycling costs of the tire service in
excess of the amount authorized to be retained pursuant to paragraph (b)
of subdivision two of this section may  be  included  in  the  published
selling  price of the new tire, or charged as a separate per-tire charge
on each new tire sold. When such costs are charged as  a  separate  per-
tire charge: (i) such charge shall be stated as an invoice item separate
and  distinct from the selling price of the tire; (ii) the invoice shall
state that the charge is imposed at the  sole  discretion  of  the  tire
service;  and  (iii)  the amount of such charge shall reflect the actual
cost to the tire service for the management and recycling of waste tires
accepted by the tire service pursuant to section 27-1905 of this  title,
provided  however, that in no event shall such charge exceed two dollars
and fifty cents on each new tire sold.
  S 3. This act shall take effect immediately.

                                 PART U

  Section 1. Paragraph a of subdivision 2 of section 92-s of  the  state
finance  law, as added by chapter 610 of the laws of 1993, is amended to
read as follows:
  a. The comptroller shall establish the following separate and distinct
accounts within the environmental protection fund:
  (i) solid waste account;
  (ii) parks, recreation and historic preservation account;
  (iii) open space account; [and]
  (iv) CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT; AND
  (V) environmental protection transfer account.
  S 2. Paragraph (b) of subdivision 6  of  section  92-s  of  the  state
finance  law,  as amended by chapter 432 of the laws of 1997, is amended
to read as follows:
  (b) Moneys from the solid waste account shall be  available,  pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project;  municipal  waste reduction or recycling project, as defined in
article fifty-four  of  the  environmental  conservation  law;  for  the
purposes  of  section  two  hundred  sixty-one  and  section two hundred
sixty-four of the economic development law; any project for the develop-
ment, updating or revision of local solid waste management plans  pursu-
ant  to  sections  27-0107 and 27-0109 of the environmental conservation
law; ENVIRONMENTAL JUSTICE PROGRAMS, PROJECTS AND GRANTS;  and  for  the
development  of  the  pesticide  sales and use data base [in conjunction

S. 6408--A                         112                        A. 9008--A

with Cornell University] pursuant to title  twelve  of  article  thirty-
three of the environmental conservation law.
  S 3. Subdivision 6 of section 92-s of the state finance law is amended
by adding a new paragraph (f) to read as follows:
  (F)  MONEYS  FROM THE CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT
SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND  UPON  CERTIFICATE  OF
APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET, FOR PROGRAMS AND
PROJECTS  TO  REDUCE GREENHOUSE GASSES; FOR THE DEVELOPMENT, UPDATING OR
REVISION OF LOCAL WATERFRONT  REVITALIZATION  PLANS  PURSUANT  TO  TITLE
ELEVEN  OF  ARTICLE  FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW TO
ADAPT FOR CLIMATE CHANGE, OR FOR OTHER PLANNING  UNDERTAKEN  TO  IMPROVE
RESILIENCY  FROM  IMPACTS  OF CLIMATE CHANGE; FOR SMART GROWTH PROGRAMS;
AND FOR  ADAPTIVE  INFRASTRUCTURE,  INCLUDING  GRANTS  PURSUANT  TO  THE
CLIMATE  SMART  COMMUNITIES  PROGRAM;  RESILIENCY PLANTING PROJECTS; THE
CLIMATE RESILIENT FARMS PROGRAM; STATE  VULNERABILITY  ASSESSMENTS;  AND
PROGRAMS  AND  PROJECTS  TO  IMPLEMENT AND COMPLY WITH THE PROVISIONS OF
CHAPTER THREE HUNDRED FIFTY-FIVE OF THE LAWS OF TWO  THOUSAND  FOURTEEN,
KNOWN AS THE "COMMUNITY RISK AND RESILIENCY ACT".
  S 4. Section 54-1101 of the environmental conservation law, as amended
by  chapter  309 of the laws of 1996, subdivisions 1 and 5 as amended by
chapter 355 of the laws of 2014, is amended to read as follows:
S 54-1101. Local waterfront revitalization programs.
  1. The secretary is authorized to  provide  on  a  competitive  basis,
within  amounts appropriated, state assistance payments AND/OR TECHNICAL
ASSISTANCE to municipalities toward the [cost] DEVELOPMENT of any  local
waterfront  revitalization program, including planning projects to miti-
gate future physical climate risks.   Eligible costs  include  planning,
studies, preparation of local laws, and construction projects.
  2.  State  assistance  payments  AND/OR TECHNICAL ASSISTANCE shall not
exceed fifty percent of the cost of the program, EXCEPT WHERE THE  MUNI-
CIPALITY  HAS  A  POPULATION,  AS  DETERMINED  IN THE MOST RECENT UNITED
STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND  A  MEDIAN  HOUSEHOLD
INCOME  OF  LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE
STATEWIDE MEDIAN HOUSEHOLD INCOME FOR  THE  MOST  RECENT  UNITED  STATES
CENSUS,  OR  AS  OTHERWISE  DETERMINED  BY REGULATION PROMULGATED BY THE
DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE  FUTURE  PHYS-
ICAL CLIMATE RISKS, IN WHICH CASE STATE ASSISTANCE PAYMENTS AND/OR TECH-
NICAL  ASSISTANCE  SHALL  NOT  EXCEED  NINETY PERCENT OF THE COST OF THE
PROGRAM. For the purpose of determining the amount of  state  assistance
payments,  costs  shall  not  be  more  than the amount set forth in the
application for state assistance payments approved by the secretary. The
state assistance payments shall be paid on  audit  and  warrant  of  the
state  comptroller  on  a certificate of availability of the director of
the budget.
  3. THE SECRETARY IS AUTHORIZED TO PROVIDE ON A  NONCOMPETITIVE  BASIS,
WITHIN  AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL
ASSISTANCE TOWARD THE  DEVELOPMENT  OF  PLANNING  PROJECTS  TO  MITIGATE
FUTURE  PHYSICAL  CLIMATE RISKS TO MUNICIPALITIES THAT HAVE BEEN AWARDED
STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE UNDER  SUBDIVISION
ONE  OF  THIS SECTION. SUCH PAYMENTS MAY BE USED FOR UPDATES DESIGNED TO
MITIGATE FUTURE PHYSICAL CLIMATE RISKS.
  4. The secretary shall have the power to approve vouchers for payments
pursuant to an approved contract.
  [4.] 5. No moneys shall be expended  as  authorized  by  this  section
except pursuant to an appropriation therefor.

S. 6408--A                         113                        A. 9008--A

  [5.]  6.  The secretary shall impose such contractual requirements and
conditions  upon  any  municipality  which  receives  state   assistance
payments pursuant to this article as may be necessary and appropriate to
ensure  that a public benefit shall accrue from the use of such funds by
the  municipality  including  but  not  limited to, a demonstration that
future physical climate risk due to sea level rise, and/or storm  surges
and/or  flooding,  based  on available data predicting the likelihood of
future extreme weather events, including hazard risk  analysis  data  if
applicable, has been considered.
  S  5.  Section  912  of  the  executive law is amended by adding a new
subdivision 17 to read as follows:
  17. TO ENCOURAGE STATE AGENCIES  AND  LOCAL  GOVERNMENTS  TO  CONSIDER
PHYSICAL CLIMATE RISKS IN PLANNING AND DEVELOPMENT EFFORTS.
  S  6.  Subdivision  1 of section 918 of the executive law, as added by
chapter 840 of the laws of 1981, is amended to read as follows:
  1. The secretary may enter into a contract or contracts for grants  OR
PAYMENTS  to  be made, within the limits of any appropriations therefor,
for the following:
  a. To any local governments, or to two or more local governments,  for
projects approved by the secretary which lead to preparation of a water-
front  revitalization  program;  provided,  however, that such grants OR
PAYMENTS shall not exceed fifty percent of the  approved  cost  of  such
projects, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETER-
MINED  IN  THE  MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED
THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS  THAN  OR  EQUAL  TO  ONE
HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR
THE  MOST  RECENT  UNITED  STATES  CENSUS, OR AS OTHERWISE DETERMINED BY
REGULATION PROMULGATED BY THE  DEPARTMENT  OF  STATE,  OR  FOR  PLANNING
PROJECTS  TO  MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH
GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED  COST
OF SUCH PROJECTS;
  b.  TO  SERVICE  PROVIDERS,  ON BEHALF OF AND IN CONSULTATION WITH ANY
LOCAL GOVERNMENTS  OR  TWO  OR  MORE  LOCAL  GOVERNMENTS,  FOR  PROJECTS
APPROVED  BY  THE  SECRETARY  WHICH  LEAD TO PREPARATION OF A WATERFRONT
REVITALIZATION PROGRAM; HOWEVER, THAT SUCH GRANTS OR PAYMENTS SHALL  NOT
EXCEED FIFTY PERCENT OF THE APPROVED COST OF SUCH PROJECTS, EXCEPT WHERE
EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETERMINED IN THE MOST RECENT
UNITED  STATES  CENSUS,  OF  UNDER  THREE  HUNDRED THOUSAND AND A MEDIAN
HOUSEHOLD INCOME OF LESS  THAN  OR  EQUAL  TO  ONE  HUNDRED  TWENTY-FIVE
PERCENT  OF  THE  STATEWIDE  MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT
UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY  REGULATION  PROMUL-
GATED  BY  THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE
FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE  SUCH  GRANTS  OR  PAYMENTS
SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS;
  C.  To  any  local government or local government agency for research,
design, and other activities  which  serve  to  facilitate  construction
projects  provided for in an approved waterfront revitalization program;
provided, however, that such grants or payments  shall  not  exceed  ten
percent of the estimated cost of such construction project.
  S 7. This act shall take effect immediately.

                                 PART V

  Section  1.  Subdivision  3  of section 79-b of the navigation law, as
amended by section 1 of part D of chapter 109 of the laws  of  2010,  is
amended to read as follows:

S. 6408--A                         114                        A. 9008--A

  3.  The  amount  of state aid to be allocated to eligible governmental
entities pursuant to this article shall be determined by the commission-
er  as  hereinafter  provided.  The  commissioner  shall  determine  the
percentage proportion which the authorized expenditures of each individ-
ual  entity, not exceeding four hundred thousand dollars for each county
including municipalities therein, shall bear  to  the  total  authorized
expenditures  of  all entities. Such percentage proportion shall then be
applied against an amount equal to one-half of the total of  the  amount
received by the state in each preceding program year in vessel registra-
tion  fees  as  provided  in section twenty-two hundred fifty-one of the
vehicle and traffic law, less no more than thirty  percent,  subject  to
appropriation, which may be used by the commissioner and the commission-
er  of motor vehicles for administrative costs of the program, including
training and equipment, and by the department of environmental conserva-
tion, the division of state police and other state agencies, subject  to
the approval of the commissioner, for the purposes of this article, plus
the  entire  amount  received  pursuant  to  subdivision nine of section
forty-four of this chapter. The amount thus determined shall  constitute
the maximum amount of state aid to which each such entity shall be enti-
tled;  provided,  however,  that no entity shall receive state aid in an
amount in excess  of  [fifty]  TWENTY-FIVE  percent  of  its  authorized
expenditures  as approved by the commissioner for such program year. The
commissioner shall certify to the comptroller the amount thus determined
for each eligible local governmental entity as the amount of  state  aid
to be apportioned to such eligible local governmental entity.  The allo-
cation  of  state  aid  to  any  county, town or village within the Lake
George park shall not be reduced because of the allocation of state  aid
to  the  Lake George park commission. Of the remaining funds received by
the state for the registration of vessels as provided in  section  twen-
ty-two  hundred  fifty-one  of the vehicle and traffic law, no less than
six percent shall be made available to the commissioner for the expenses
of the office in  providing  navigation  law  enforcement  training  and
administering the provisions of this section.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through V of this act shall  be
as specifically set forth in the last section of such Parts.

2015-S6408B - Details

See Assembly Version of this Bill:: A9008
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2015-S6408B - Summary

2015-S6408B - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6408--B

                            I N  S E N A T E

                            January 14, 2016
                               ___________

A  BUDGET  BILL,  submitted by the Governor pursuant to article seven of
  the Constitution -- read twice and ordered printed, and  when  printed
  to  be  committed to the Committee on Finance -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to commit the state of New York and  the  city  of  New  York  to
  partially  fund  part  of the costs of the Metropolitan Transportation
  Authority's capital program (Part A); intentionally omitted (Part  B);
  intentionally  omitted  (Part C); to amend the vehicle and traffic law
  and the state finance law, in relation to the dedication  of  revenues
  and  the  costs  of the department of motor vehicles; 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 the effectiveness
  thereof; to repeal subdivision 2 of section 89-g of the state  finance
  law relating to funds to be placed into the accident prevention course
  internet,  and  other  technology  pilot  program  fund; and to repeal
  certain provisions of the state finance law relating to the motorcycle
  safety fund (Part D);  to  amend  the  vehicle  and  traffic  law,  in
  relation  to farm vehicles and covered farm vehicles and to expand the
  scope of the P endorsement (Part E); to amend the New York state urban
  development  corporation  act,  in  relation  to   extending   certain
  provisions  relating  to  the  empire  state economic development fund
  (Part F); 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  the  effectiveness  thereof  (Part  G); to establish the
  Transformational Economic Development Infrastructure  and  Revitaliza-
  tion Projects act (Part H); to authorize and direct the New York state
  energy  research  and  development  authority to make a payment to the
  general fund of up to $913,000 (Part I); to  authorize  the  New  York
  state energy research and development authority to finance the univer-
  sity  of  Rochester laboratory for laser energetics from an assessment
  on gas and electric corporations (Part J); intentionally omitted (Part
  K); to amend the public service law, in relation to the definition  of
  major  changes  (Part  L);  to  amend  chapter 21 of the laws of 2003,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD12673-04-6

S. 6408--B                          2

  amending the executive law, relating to permitting  the  secretary  of
  state to provide special handling for all documents filed or issued by
  the  division  of corporations and to permit additional levels of such
  expedited service, in relation to extending the expiration date there-
  of  (Part  M);  intentionally  omitted  (Part N); to amend the general
  business law, the tax law, and the alcoholic beverage control law,  in
  relation  to  authorized  combative  sports  and to the costs of boxer
  medical examinations; and to repeal chapter 912 of the laws  of  1920,
  relating  to  the  regulation of boxing, sparring, and wrestling (Part
  O); intentionally omitted (Part P); intentionally omitted (Part Q); to
  establish the private activity bond allocation act of 2016; to  repeal
  the  private  activity  bond allocation act of 2014; and providing for
  the repeal of such provisions upon expiration thereof (Part R); inten-
  tionally omitted (Part S); to  amend  the  environmental  conservation
  law,  in  relation  to mandatory tire acceptance, and the use of waste
  tire management and recycling fee funds (Part T); to amend  the  state
  finance  law,  in relation to creating a new climate change mitigation
  and adaptation account in the environmental protection fund; to  amend
  the  environmental  conservation  law, in relation to local waterfront
  revitalization programs; and to amend the executive law,  in  relation
  to  payments for local waterfront revitalization programs (Part U); to
  amend the navigation law, in relation to the authorized  reimbursement
  rate  paid  to  governmental  entities (Part V); to amend the New York
  state urban development corporation act, in relation to  the  criteria
  governing the award of grants from the beginning farmers NY fund (Part
  W);  to amend the public service law, in relation to operation of farm
  waste electric generating equipment (Part X); to amend the agriculture
  and markets law, in relation to establishing and implementing  the  NY
  pride/NY  certified program for the voluntary labeling of agricultural
  products grown and produced in this state (Part Y); to amend the envi-
  ronmental conservation law, in relation to the use of ultra low sulfur
  diesel fuel and best available  technology  by  the  state  (Part  Z);
  establishing  the  New York state water infrastructure improvement act
  of 2016 (Part AA); to amend the  environmental  conservation  law,  in
  relation  to  establishing the paint stewardship program (Part BB); to
  amend the environmental conservation law and the state finance law, in
  relation to manufacturer liability for the cost of collection,  handl-
  ing,  and recycling and reuse of electronic waste, and compensation by
  the state to electronic waste collection sites, consolidation  facili-
  ties  and  recycling facilities for those costs not paid by a manufac-
  turer (Part CC); to designate as brownfield sites, certain real  prop-
  erty  previously  owned  by  the  state  that has been transitioned to
  private use or ownership (Part DD); to amend the tax law, in  relation
  to  establishing  a  sales  tax exemption for the purchase of electric
  vehicles and zero emission vehicles in the state; to amend the vehicle
  and traffic law, in relation to exempting electric vehicles  and  zero
  emission  vehicles  from the emissions inspection requirements; and to
  amend the public authorities law, in relation to establishing the zero
  emission vehicle rebate program  within  the  New  York  state  energy
  research  and development authority (Part EE); to amend the navigation
  law, in relation to license fees per barrel of petroleum (Part FF); to
  amend the environmental conservation law,  in  relation  to  fees  for
  certification   of   pesticide  applicators;  and  to  repeal  certain
  provisions of such law relating thereto (Part GG); to amend part SS of
  chapter 58 of the laws of 2015 relating  to  requiring  the  New  York
  state  energy  research and development authority to develop standards

S. 6408--B                          3

  and/or criteria that will encourage and increase issuance of loans  to
  low-to-moderate  income  households  for  qualified  energy efficiency
  services, in relation to  extending  to  offer  financing  to  certain
  persons  and  entities  (Part HH); to amend the public service law, in
  relation to providing a program to  extend  natural  gas  delivery  to
  unserved  or  underserved  areas (Part II); to amend the state finance
  law, in relation to directing the commissioner of  the  state  finance
  department  to  develop  a  comprehensive  transportation plan for the
  state (Part JJ); to amend the public authorities law, in  relation  to
  toll  discount  programs  (Part  KK); to amend the vehicle and traffic
  law, in relation to the disposition of certain fees received from  the
  registration  of snowmobiles (Part LL); to amend the vehicle and traf-
  fic law, in relation to the inspection of tinted  or  shaded  windows,
  airbag systems, and antilock brake systems during the required period-
  ic  inspection  of  motor  vehicles (Part MM); to amend the waterfront
  commission act, in relation to cargo  facility  charges  by  the  Port
  Authority  of  New York and New Jersey (Part NN); to amend the vehicle
  and traffic law, in  relation  to  establishing  the  behavioral-based
  driver  retraining  programs;  to  amend  the  state  finance  law, in
  relation to establishing the behavioral-based driver retraining  pilot
  program  fund;  and  providing  for the repeal of such provisions upon
  expiration thereof (Part OO); to amend the vehicle and traffic law, in
  relation to providing for a discount on driver's license renewal  fees
  for  senior  citizens  (Part  PP);  to amend the parks, recreation and
  historic preservation law, the vehicle  and  traffic  law,  the  state
  finance law and the environmental conservation law, in relation to the
  creation  of an ATV trail fund and the use of ATVs (Part QQ); to amend
  the vehicle and traffic law, the highway law and the general municipal
  law, in relation to the definition of electric assisted bicycle  (Part
  RR);  in  relation to discontinuing the collection of tolls for travel
  between exits forty-nine and fifty of the New York state thruway (Part
  SS); and to amend the public service law and  the  public  authorities
  law, in relation to oversight by the New York state public authorities
  control board (Part TT)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law major  components  of  legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state  fiscal  year.  Each  component  is wholly contained within a Part
identified as Parts A through TT. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  This  act  shall  be known as the "Transportation Capital
Financing Act of 2016".  This act commits the state of New York to  fund
over  a  multi-year  period,  $3,500,000,000 in capital costs related to

S. 6408--B                          4

projects contained in the department of transportation's 2015-2019 capi-
tal program. The $3,500,000,000 of additional funds to  be  provided  by
the  state  shall  be  used  by  the department of transportation to pay
direct  capital  costs.   This act commits the state of New York (state)
and the city of New York (city)  to  fund,  over  a  multi-year  period,
$10,828,000,000  in  capital  costs related to projects contained in the
MTA's 2015-2019 capital program (capital program). The  state  share  of
$8,336,000,000  shall  consist of $1,000,000,000 in appropriations first
enacted in the 2015-2016 state budget and  additional  funds  sufficient
for  MTA  to pay $7,336,000,000 of capital costs as provided herein. The
city share  of  $2,492,000,000  shall  consist  of  $657,000,000  to  be
provided by the city from 2015 through 2019, and additional funds suffi-
cient  for  MTA  to  pay $1,835,000,000 of capital costs for the capital
program. The $7,336,000,000 of additional funds to be  provided  by  the
state  may  be  used  by  the MTA to pay direct capital costs and/or the
state may fund such $7,336,000,000 of capital  costs  through  financing
mechanisms undertaken by the MTA.
  S  2.    (a)  The  additional  funds provided by the state pursuant to
section one of this act shall be scheduled and made available to pay for
the costs of the capital program after MTA capital resources planned for
the capital program, not including additional city and state funds, have
been exhausted, or when MTA capital resources planned  for  the  capital
program  are  not available. It is anticipated that state funds shall be
required  by,  and  provided  to,  the  MTA  in  an  amount  to  support
$1,500,000,000  of  capital costs in the first year in which planned MTA
capital resources are exhausted;  $2,600,000,000  in  the  second  year;
$1,840,000,000  in  the third year and $1,396,000,000 in the fourth year
or thereafter.
  (b) Such funds may be provided to the MTA through direct payments from
the state and/or financing mechanisms undertaken by  the  MTA  utilizing
aid  paid  by  the state on a schedule sufficient to support the capital
costs outlined in this act.  The director of the budget (director) shall
annually determine the level of funding required  to  meet  the  state's
commitment  and  recommend  such  amounts for inclusion in the executive
budget. In making such determination, the director  shall  consider  the
availability  of  MTA capital resources planned for the capital program,
the current progress and timing of the MTA capital program, the  financ-
ing  mechanisms  employed  by  the  MTA, if any, and any other pertinent
factors.
  (c) State funding amounts, whether direct or in support of a financing
mechanism undertaken by the MTA, shall be subject to appropriation with-
in applicable annual state budgets; provided, however, that in the event
the state does not appropriate the full amount of the  funding  required
pursuant  to  this  act  in  any  year, such action shall not reduce the
commitment of the state to  fund  the  full  state  share  specified  in
section one of this act, with the state fulfilling its aggregate commit-
ment  in  this  act  no later than state fiscal year 2025-2026 or by the
completion of the capital  program.  In  the  event  that  the  MTA  has
exhausted  all currently available sources of funding, the MTA may, with
the approval of the director, issue anticipation notes  or  other  obli-
gations  secured solely by the additional funds specified in subdivision
(a) of this section and shall provide for capitalized interest thereon.
  S 3. In order to annually determine the adequacy and pace of the level
of state funding in support of the MTA's capital program, and  to  gauge
the  availability  of  MTA  capital  resources  planned  for the capital
program, the director may request, and the MTA shall  provide,  periodic

S. 6408--B                          5

reports on the MTA's capital programs and financial activities in a form
and on a schedule prescribed by the director.
  S 4. Intentionally omitted.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART B

                          Intentionally Omitted

                                 PART C

                          Intentionally Omitted

                                 PART D

  Section 1. Section 399-l of the vehicle and traffic law, as  added  by
chapter 751 of the laws of 2005, is amended to read as follows:
  S  399-l.  Application.  Applicants  for  participation  in  the pilot
program established pursuant to this article shall be among those  acci-
dent  prevention  course sponsoring agencies that have a course approved
by the commissioner pursuant to article twelve-B of this title prior  to
the  effective date of this article and which deliver such course to the
public.  Provided,  however,  the  commissioner  may,  in  his  or   her
discretion,  approve  applications  after  such  date.  In  order  to be
approved for participation in such pilot program, the course must comply
with the provisions of law, rules and  regulations  applicable  thereto.
The  commissioner  may,  in  his or her discretion, impose a fee for the
submission of each application  to  participate  in  the  pilot  program
established  pursuant  to  this article. Such fee shall not exceed seven
thousand five hundred dollars. The  proceeds  from  such  fee  shall  be
deposited  [in  the accident prevention course internet technology pilot
program fund as  established  by  section  eighty-nine-g  of  the  state
finance  law] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND
PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-
LISHED  PURSUANT  TO  SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
  S 2. Subdivision 2 of  section  89-g  of  the  state  finance  law  is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
  S 3. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance  law  and  the vehicle and traffic law relating to establishing the
accident prevention course internet technology pilot program, as amended
by section 1 of part E of chapter 57 of the laws of 2014, is amended  to
read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it  shall have become a law and shall expire and be deemed repealed [May
31, 2019] APRIL 1, 2020; provided that any rules and regulations  neces-
sary  to  implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such date.
  S 4. Paragraph a of subdivision 5 of section 410 of  the  vehicle  and
traffic  law,  as  amended  by section 16 of part G of chapter 59 of the
laws of 2009, is amended to read as follows:
  a. The annual fee for registration or reregistration of  a  motorcycle
shall  be  eleven dollars and fifty cents.  Beginning April first, nine-
teen hundred ninety-eight the annual fee for registration or reregistra-
tion of a motorcycle shall be seventeen  dollars  and  fifty  cents,  of

S. 6408--B                          6

which  two dollars and fifty cents shall be deposited BY THE COMPTROLLER
into the [motorcycle safety fund established pursuant to  section  nine-
ty-two-g  of  the  state  finance  law]  SPECIAL  OBLIGATION RESERVE AND
PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE  LAW  FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
  S  5.  Paragraph  (c-1) of subdivision 2 of section 503 of the vehicle
and traffic law, as added by chapter 435 of the laws of 1997, is amended
to read as follows:
  (c-1) In addition to the fees established in paragraphs (b) and (c) of
this subdivision, a fee of fifty cents for each six  months  or  portion
thereof of the period of validity shall be paid upon the issuance of any
permit, license or renewal of a license which is valid for the operation
of  a motorcycle, except a limited use motorcycle. Fees collected pursu-
ant to this paragraph shall be deposited BY  THE  COMPTROLLER  into  the
[motorcycle  safety fund established pursuant to section ninety-two-g of
the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF
THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTABLISHED  PURSUANT  TO
SECTION  EIGHTY-NINE-B  OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB-
LISHED IN THIS SECTION.
  S 6. Subdivision 2 of  section  92-g  of  the  state  finance  law  is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
  S 7. Section 92-g of the state finance law is REPEALED.
  S 8. Section 317 of the vehicle and traffic law is amended by adding a
new subdivision 5 to read as follows:
  5.  ALL ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT
TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO  THE  SPECIAL
OBLIGATION  RESERVE  AND  PAYMENT  ACCOUNT  OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B  OF  THE
STATE FINANCE LAW.
  S  9.  Paragraph  (b) of subdivision 1-a of section 318 of the vehicle
and traffic law, as amended by section 1-b of part A of  chapter  63  of
the laws of 2005, is amended to read as follows:
  (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
sion, an order of suspension issued pursuant to paragraph (a) or (e)  of
this subdivision may be terminated if the registrant pays to the commis-
sioner a civil penalty in the amount of eight dollars for each day up to
thirty  days  for  which  financial security was not in effect, plus ten
dollars for each day from the thirty-first to the sixtieth day for which
financial security was not in effect, plus twelve dollars for  each  day
from  the  sixty-first to the ninetieth day for which financial security
was not in effect. Of each eight dollar penalty,  six  dollars  will  be
deposited  in  the  general  fund  and two dollars in the [miscellaneous
special revenue fund - compulsory insurance account] SPECIAL  OBLIGATION
RESERVE  AND  PAYMENT  ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE TRUST
FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE
LAW  FOR  THE  PURPOSES  ESTABLISHED IN THIS SECTION. Of each ten dollar
penalty collected, six dollars will be deposited in  the  general  fund,
two dollars will be deposited in the [miscellaneous special revenue fund
-  compulsory  insurance account] SPECIAL OBLIGATION RESERVE AND PAYMENT
ACCOUNT OF THE DEDICATED  HIGHWAY  AND  BRIDGE  TRUST  FUND  ESTABLISHED
PURSUANT  TO  SECTION  EIGHTY-NINE-B  OF  THE  STATE FINANCE LAW FOR THE
PURPOSES ESTABLISHED IN THIS SECTION, and two dollars shall be deposited
in the dedicated highway and bridge trust fund established  pursuant  to
section  eighty-nine-b  of  the state finance law and the dedicated mass
transportation fund established pursuant to section eighty-nine-c of the

S. 6408--B                          7

state finance law and distributed according to the provisions of  subdi-
vision (d) of section three hundred one-j of the tax law. Of each twelve
dollar penalty collected, six dollars will be deposited into the general
fund,  two  dollars  will  be  deposited into the [miscellaneous special
revenue fund - compulsory insurance account] SPECIAL OBLIGATION  RESERVE
AND  PAYMENT  ACCOUNT  OF  THE  DEDICATED  HIGHWAY AND BRIDGE TRUST FUND
ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE  LAW
FOR  THE PURPOSES ESTABLISHED IN THIS SECTION, and four dollars shall be
deposited in the dedicated highway and  bridge  trust  fund  established
pursuant to section eighty-nine-b of the state finance law and the dedi-
cated  mass  transportation fund established pursuant to section eighty-
nine-c of the  state  finance  law  and  distributed  according  to  the
provisions  of subdivision (d) of section three hundred one-j of the tax
law. The foregoing provision shall apply only once during any thirty-six
month period and only if the registrant surrendered the  certificate  of
registration  and number plates to the commissioner not more than ninety
days from the date of termination of financial security  or  submits  to
the  commissioner  new proof of financial security which took effect not
more than ninety days from the termination of financial security.
  S 10. Section 423-a of the vehicle  and  traffic  law  is  amended  by
adding a new subdivision 6 to read as follows:
  6.  ALL  FUNDS  COLLECTED  FROM  THE DEPARTMENT'S SHARE OF THE SALE OF
ASSETS PURSUANT TO THIS SECTION SHALL BE DEPOSITED  BY  THE  COMPTROLLER
INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED
HIGHWAY   AND   BRIDGE   TRUST  FUND  ESTABLISHED  PURSUANT  TO  SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S 11. Paragraph (a) of subdivision 3 of  section  89-b  of  the  state
finance law, as amended by section 8 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
  (a)  The  special obligation reserve and payment account shall consist
(i) of all moneys required to be deposited in the dedicated highway  and
bridge  trust  fund  pursuant  to the provisions of sections two hundred
five, two hundred  eighty-nine-e,  three  hundred  one-j,  five  hundred
fifteen  and  eleven  hundred  sixty-seven  of the tax law, section four
hundred one of the vehicle and traffic law, and  section  thirty-one  of
chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
AND  THE  COMMISSIONER  OF MOTOR VEHICLES pursuant to section fifty-two,
section three hundred twenty-six, section eighty-eight  of  the  highway
law,  subdivision  fifteen of section three hundred eighty-five, SECTION
FOUR HUNDRED TWENTY-THREE-A, SECTION FOUR  HUNDRED  TEN,  SECTION  THREE
HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND
PARAGRAPH  (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of the
vehicle and traffic law, section two of the chapter of the laws  of  two
thousand  three  that amended this paragraph, subdivision (d) of section
three hundred four-a, paragraph one of subdivision (a)  and  subdivision
(d)  of  section  three  hundred five, subdivision six-a of section four
hundred fifteen and subdivision (g) of section twenty-one hundred  twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting  moneys  deposited  with  the  state on account of betterments
performed pursuant to subdivision twenty-seven  or  subdivision  thirty-
five  of  section  ten of the highway law, and sections ninety-four, one
hundred thirty-five, [one hundred forty-four] and one hundred forty-five
of the transportation law, (iii) any moneys collected by the  department
of  transportation  for services provided pursuant to agreements entered
into in accordance with section ninety-nine-r of the  general  municipal

S. 6408--B                          8

law,  (IV) ANY MONEYS COLLECTED BY THE DEPARTMENT OF MOTOR VEHICLES, and
[(iv)] (V) any other moneys collected therefor  or  credited  or  trans-
ferred thereto from any other fund, account or source.
  S  12.  Paragraph  (a)  of  subdivision 3 of section 89-b of the state
finance law, as amended by section 9 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
hundred sixty-seven of the tax law, section  four  hundred  one  of  the
vehicle  and traffic law, and section thirty-one of chapter fifty-six of
the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
penalties  collected  by  the  commissioner  of  transportation  AND THE
COMMISSIONER OF MOTOR VEHICLES pursuant to  section  fifty-two,  section
three  hundred  twenty-six,  section  eighty-eight  of  the highway law,
subdivision fifteen of section three hundred eighty-five,  SECTION  FOUR
HUNDRED  TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED
SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C,  AND  PARA-
GRAPH  (C-1)  OF  SUBDIVISION  TWO  OF SECTION FIVE HUNDRED THREE of the
vehicle and traffic law, section  fifteen  of  this  chapter,  excepting
moneys  deposited  with  the  state  on account of betterments performed
pursuant to  subdivision  twenty-seven  or  subdivision  thirty-five  of
section  ten  of  the highway law, and sections ninety-four, one hundred
thirty-five, [one hundred forty-four] and one hundred forty-five of  the
transportation  law,  (iii)  any  moneys  collected by the department of
transportation for services provided pursuant to agreements entered into
in accordance with section ninety-nine-r of the general  municipal  law,
(IV)  ANY  MONEYS  COLLECTED  BY  THE  DEPARTMENT OF MOTOR VEHICLES, and
[(iv)] (V) any other moneys collected therefor  or  credited  or  trans-
ferred thereto from any other fund, account or source.
  S  13. This act shall take effect immediately; provided, however, that
section seven of this act shall take  effect  April  1,  2020;  provided
further,  however,  that  the amendments to section 399-1 of the vehicle
and traffic law made by section one of this act  shall  not  affect  the
repeal  of  such  section  and  shall  be deemed repealed therewith; and
provided further, however, that  the  amendments  to  paragraph  (a)  of
subdivision  3  of section 89-b of the state finance law made by section
eleven of this act shall be subject to the expiration and  reversion  of
such  paragraph  pursuant  to section 13 of part U1 of chapter 62 of the
laws of 2003, as amended, when upon such date the provisions of  section
twelve of this act shall take effect.

                                 PART E

  Section  1.  Subparagraph  (vi)  of  paragraph (b) of subdivision 2 of
section 501 of the vehicle and traffic law, as added by chapter  173  of
the laws of 1990, is amended to read as follows:
  (vi)  Farm endorsement. Shall be required to operate a farm vehicle or
a combination of farm vehicles which may not be operated with a class C,
D or E license AND WHICH IS USED TO  TRANSPORT  HAZARDOUS  MATERIALS  AS
DEFINED  IN  SECTION ONE HUNDRED THREE OF THE HAZARDOUS MATERIALS TRANS-
PORTATION ACT, PUBLIC LAW 93-633 TITLE I, WHEN THE VEHICLE  TRANSPORTING
SUCH MATERIALS IS REQUIRED TO BE PLACARDED UNDER THE HAZARDOUS MATERIALS
REGULATION,  49  CFR PART 172, SUBPART F OR IS TRANSPORTING ANY QUANTITY
OF MATERIAL LISTED AS A SELECT AGENT OR TOXIN IN 42 CFR PART  73.    The

S. 6408--B                          9

identification  and  scope of any such endorsement or endorsements shall
be as prescribed by regulation of the commissioner.  Such identification
and scope shall, at a minimum, include a distinction between the  opera-
tion  of  a  farm vehicle having a GVWR of more than twenty-six thousand
pounds within one hundred fifty miles of the person's farm and the oper-
ation of a combination of farm vehicles having a GVWR of more than twen-
ty-six thousand pounds within one hundred fifty miles  of  the  person's
farm.
  S  2.  Subparagraph  (i)  of paragraph (b) of subdivision 4 of section
501-a of the vehicle and traffic law, as amended by chapter  36  of  the
laws of 2009, is amended to read as follows:
  (i)  a  personal use vehicle, A COVERED FARM VEHICLE or a farm vehicle
or a combination of such vehicles;
  S 3. Subdivision 7 of section 501-a of the vehicle and traffic law, as
added by chapter 173 of the laws of 1990, is amended and a new  subdivi-
sion 9 is added to read as follows:
  7.  Farm  vehicle. A vehicle having a GVWR of not more than twenty-six
thousand pounds which is controlled and operated by a farmer, is used to
transport agricultural products, farm machinery, farm supplies or all of
the aforementioned to or from the farm and is not used in the operations
of a common or contract motor carrier and, such a vehicle having a  GVWR
of  more  than  twenty-six  thousand  pounds while being used within one
hundred fifty miles of the person's farm, AND SUCH VEHICLE  IS  USED  TO
TRANSPORT HAZARDOUS MATERIALS AS DEFINED IN SECTION ONE HUNDRED THREE OF
THE  HAZARDOUS MATERIALS TRANSPORTATION ACT, PUBLIC LAW 93-633, TITLE I,
WHEN THE VEHICLE TRANSPORTING SUCH MATERIALS IS REQUIRED TO BE PLACARDED
UNDER THE HAZARDOUS MATERIALS REGULATION, 49 CFR PART 172, SUBPART F  OR
IS  TRANSPORTING  ANY  QUANTITY  OF MATERIAL LISTED AS A SELECT AGENT OR
TOXIN IN 42 CFR PART 73; PROVIDED, HOWEVER, A FARM VEHICLE MAY  ONLY  BE
OPERATED  IN ANOTHER STATE IF SUCH STATE PERMITS THE OPERATION OF A FARM
VEHICLE IN SUCH STATE.
  9. COVERED FARM VEHICLE. (A) A  VEHICLE  OR  COMBINATION  OF  VEHICLES
REGISTERED  IN  THIS  STATE,  WHICH  (I) DISPLAYS A COVERED FARM VEHICLE
DESIGNATION ISSUED BY THE COMMISSIONER, (II) OPERATED BY  THE  OWNER  OR
OPERATOR OF A FARM OR RANCH, OR AN EMPLOYEE OR FAMILY MEMBER OF AN OWNER
OR  OPERATOR  OF  A  FARM OR RANCH, (III) USED TO TRANSPORT AGRICULTURAL
COMMODITIES, LIVESTOCK, MACHINERY OR SUPPLIES  TO  OR  FROM  A  FARM  OR
RANCH,  (IV)  NOT  USED  IN  FOR-HIRE MOTOR CARRIER OPERATIONS; HOWEVER,
FOR-HIRE MOTOR CARRIER OPERATIONS DO NOT INCLUDE OPERATION BY  A  TENANT
PURSUANT  TO  A  CROP  SHARE FARM LEASE AGREEMENT TO TRANSPORT THE LAND-
LORD'S PORTION OF THE CROPS UNDER THAT AGREEMENT; AND (V) NOT  USED  FOR
THE TRANSPORTATION OF HAZARDOUS MATERIALS.
  (B)  A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI-
CLE WEIGHT RATING, WHICHEVER IS GREATER, OF TWENTY-SIX  THOUSAND  POUNDS
OR LESS, MAY OPERATE ANYWHERE IN THE UNITED STATES.
  (C)  A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI-
CLE WEIGHT RATING, WHICHEVER IS GREATER, OF MORE THAN  TWENTY-SIX  THOU-
SAND  POUNDS,  MAY  OPERATE ANYWHERE IN THIS STATE OR ACROSS STATE LINES
WITHIN ONE HUNDRED FIFTY AIR MILES OF THE FARM OR RANCH. THE OPERATOR OF
SUCH A COVERED FARM VEHICLE SHALL OBTAIN AN ENDORSEMENT AS PROVIDED  FOR
IN PARAGRAPH (D) OF THIS SUBDIVISION.
  (D) THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AN ENDORSEMENT OR
ENDORSEMENTS  FOR  THE  OPERATION OF COVERED FARM VEHICLES WEIGHING MORE
THAN TWENTY-SIX THOUSAND POUNDS. THE IDENTIFICATION AND  SCOPE  OF  SUCH
ENDORSEMENT  OR  ENDORSEMENTS SHALL, AT A MINIMUM, INCLUDE A DISTINCTION
BETWEEN THE OPERATION OF A COVERED FARM VEHICLE HAVING A  GROSS  VEHICLE

S. 6408--B                         10

WEIGHT  OR  GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND
POUNDS AND THE OPERATION OF  A  COMBINATION  OF  COVERED  FARM  VEHICLES
HAVING  A  GROSS  VEHICLE  WEIGHT OR GROSS VEHICLE WEIGHT RATING OF MORE
THAN TWENTY-SIX THOUSAND POUNDS.
  (E)  FOR THE PURPOSES OF THIS SUBDIVISION, THE GROSS VEHICLE WEIGHT OF
A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD.
  S 4. Subparagraph (iv) of paragraph (b) of subdivision  2  of  section
501  of the vehicle and traffic law, as added by chapter 173 of the laws
of 1990, is amended to read as follows:
  (iv) P endorsement. Shall be required to operate a bus as  defined  in
sections one hundred four and five hundred nine-a of this chapter OR ANY
MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING
OF  MORE  THAN TWENTY-SIX THOUSAND POUNDS WHICH IS DESIGNED TO TRANSPORT
PASSENGERS IN COMMERCE. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE  GROSS
VEHICLE  WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE
AND THE LOAD.
  S 5. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

                                 PART F

  Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York  state  urban  development
corporation  act, as amended by section 1 of part M of chapter 58 of the
laws of 2015, is amended to read as follows:
  3. The provisions of this section shall  expire,  notwithstanding  any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2016] 2017.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2016.

                                 PART G

  Section 1. Section 2 of 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, as
amended by section 1 of part N of chapter 58 of the  laws  of  2015,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2016]  2017,  at  which
time the provisions of subdivision 26 of section 5 of the New York state
urban  development  corporation  act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such  subdivision
as provided for herein shall be deemed to affect or impair in any manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART H

  Section  1. This act shall be known and may be cited as the "transfor-
mational economic development infrastructure and revitalization projects
act".
  S 2. Definitions. For the purposes of this act,  the  following  terms
shall have the following meanings:

S. 6408--B                         11

  1. "Transformational economic development infrastructure and revitali-
zation  projects  act" or "projects" shall include construction projects
in the county of New York related to the Jacob  V.    Javits  Convention
Center,  the  Empire State Station Complex, the James A. Farley Building
Replacement,  and  the  Pennsylvania Station New York Redevelopment. The
term "project" shall refer to any of these construction projects.
  2. "Authorized entity" shall mean the New York State Urban Development
Corporation, the New York Convention Center Development Corporation, and
their subsidiaries.
  3. "Best value" shall  mean  the  basis  for  awarding  contracts  for
services to the bidder that optimize quality, cost and efficiency, price
and performance criteria, which may include, but is not limited to:
  (a) The quality of the contractor's performance on previous projects;
  (b)  The  timeliness  of  the  contractor's  performance  on  previous
projects;
  (c) The level of customer satisfaction with the contractor's  perform-
ance on previous projects;
  (d)  The contractor's record of performing previous projects on budget
and ability to minimize cost overruns;
  (e) The contractor's ability to limit change orders;
  (f) The contractor's ability to prepare appropriate project plans;
  (g) The contractor's technical capacities;
  (h) The individual qualifications of the contractor's key personnel;
  (i) The contractor's ability to assess and manage  risk  and  minimize
risk impact; and
  (j)  The  contractor's  past record of encouraging women and minority-
owned business enterprise participation and compliance with article 15-A
of the executive law.
  Such basis shall reflect, wherever possible, objective  and  quantifi-
able analysis.
  4. "Design-build contract" shall mean, in conformity with the require-
ments  of  this  act,  a contract for the design and construction of the
projects with a single entity, which may be a team comprised of separate
entities.
  5. "Procurement record" shall mean documentation of the decisions made
and the approach taken in the procurement process.
  6. "Project labor agreement" shall mean a pre-hire collective bargain-
ing agreement  between  a  contractor  and  a  bona  fide  building  and
construction  trade  labor organization establishing the labor organiza-
tion as the collective bargaining representative  for  all  persons  who
will  perform work on the project, and which provides that only contrac-
tors and subcontractors who sign a  pre-negotiated  agreement  with  the
labor organization can perform project work.
  S  3.  Notwithstanding section 103 of the general municipal law or the
provisions of any other law to the  contrary,  in  conformity  with  the
requirements  of  this  act,  and only when a project labor agreement is
performed, the authorized entity may utilize  the  alternative  delivery
method  referred  to  as  a  design-build  contract for the project. The
authorized entity shall ensure that its procurement record reflects  the
design-build contract process authorized by this act.
  S  4.  An  entity  selected  by  the authorized entity to enter into a
design-build contract for the project shall be selected through  a  two-
step method, as follows:
  1.  Step  one. Generation of a list of entities that have demonstrated
the general capability  to  perform  a  design-build  contract  for  the
project.  Such  list shall consist of a specified number of entities, as

S. 6408--B                         12

determined by the authorized entity, and shall be generated  based  upon
the  authorized  entity's  review  of responses to a publicly advertised
request for qualifications for  the  project.  The  authorized  entity's
request  for  qualifications  for  the  project  shall include a general
description of the  project,  the  maximum  number  of  entities  to  be
included  on the list, and the selection criteria to be used in generat-
ing the list. Such selection criteria shall include  the  qualifications
and experience of the design and construction team, organization, demon-
strated responsibility, ability of the team or of a member or members of
the   team   to  comply  with  applicable  requirements,  including  the
provisions of articles 145, 147 and  148  of  the  education  law,  past
record  of  compliance  with  the  labor  law  including prevailing wage
requirements under state and federal law; the past record of  compliance
with   existing   labor   standards  and  maintaining  harmonious  labor
relations; the record of protecting the health and safety of workers  on
public  works  projects  and job sites as demonstrated by the experience
modification rate for each of the  last  three  years;  the  prospective
bidder's  ability  to  undertake  the  particular type and complexity of
work; the financial capability, responsibility and  reliability  of  the
prospective bidder for such type and complexity of work; the prospective
bidder's  compliance  with equal employment opportunity requirements and
anti-discrimination laws, and demonstrated commitment  to  working  with
minority  and  women-owned  businesses through joint ventures or subcon-
tractor relationships; whether or not the prospective bidder or a person
or entity with an interest of at least ten per centum in the prospective
bidder, is debarred for  having  disregarded  obligations  to  employees
under  the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12
and such other qualifications the authorized  entity  deems  appropriate
which  may  include but are not limited to project understanding, finan-
cial capability and record of past performance.  The  authorized  entity
shall evaluate and rate all entities responding to the request for qual-
ifications.  Based  upon  such ratings, the authorized entity shall list
the entities that shall receive a request for  proposals  in  accordance
with  subdivision  two  of  this  section. To the extent consistent with
applicable federal law,  the  authorized  entity  shall  consider,  when
awarding  any  contract  pursuant to this section, the participation of:
(a) firms certified pursuant to article 15-A of  the  executive  law  as
minority  or  women-owned businesses and the ability of other businesses
under consideration to work with minority and women-owned businesses  so
as to promote and assist participation by such businesses; and (b) small
business  concerns  identified  pursuant  to  subdivision (b) of section
139-g of the state finance law.
  2. Step two. Selection of the proposal which is the best value to  the
authorized  entity.  The  authorized  entity  shall  issue a request for
proposals for the project to the entities listed pursuant to subdivision
one of this section. If such an entity consists of a  team  of  separate
entities,  the  entities that comprise such a team must remain unchanged
from the entity as listed pursuant to subdivision one  of  this  section
unless  otherwise  approved  by the authorized entity.   The request for
proposals for the project shall set forth the project's scope  of  work,
and  other  requirements,  as  determined by the authorized entity.  The
request for proposals shall specify the criteria to be used to  evaluate
the responses and the relative weight of each such criteria. Such crite-
ria  shall  include  the  proposal's cost, the quality of the proposal's
solution, the qualifications and experience of the design-build  entity,
and  other  factors deemed pertinent by the authorized entity, which may

S. 6408--B                         13

include, but shall not be limited to, the proposal's project implementa-
tion, ability to complete the work in a timely and satisfactory  manner,
maintenance  costs  of  the  completed  project,  maintenance of traffic
approach,  and  community  impact. Any contract awarded pursuant to this
act shall be awarded to a responsive and responsible entity that submits
the proposal, which, in  consideration  of  these  and  other  specified
criteria  deemed  pertinent to the project, offers the best value to the
authorized entity, as determined by the authorized  entity.  Nothing  in
this act shall be construed to prohibit the authorized entity from nego-
tiating final contract terms and conditions including cost.
  3. Notwithstanding the foregoing provisions of this section, an entity
selected  by the authorized entity to enter into a design-build contract
for this project shall determine, before awarding any contracts  author-
ized  by  this  act,  whether  the bidder, or a person or entity with an
interest of at least ten per centum in the bidder, is  included  in  the
published list of debarred contractors pursuant to 40 U.S.C. 3144 and 29
C.F.R.  5.12,  for having disregarded obligations to employees under the
Davis Bacon Act, and the bidder's inclusion on such list must  be  taken
into  consideration  in  deciding  whether  the  bidder  is  awarded any
contract.
  S 5. Any contract entered into pursuant to this act  shall  include  a
clause  requiring  that  any professional services regulated by articles
145, 147 and 148 of the education law shall be performed and stamped and
sealed, where appropriate, by a professional licensed in accordance with
such articles.
  S 6. The construction, demolition, reconstruction,  excavation,  reha-
bilitation,  repair, renovation of the project undertaken by the author-
ized entity pursuant to this act shall be deemed a "public work"  to  be
performed  in  accordance  with the provisions of article 8 of the labor
law, as well as subject to sections 200, 240, 241 and 242 of  the  labor
law  and  enforcement  of  prevailing  wage requirements by the New York
state department of labor.
  S 7. A project labor agreement shall be included in  the  request  for
proposals  for the project, provided that, based upon a study done by or
for the authorized entity, the authorized  entity  determines  that  its
interests  are  best  met  by  requiring  a project labor agreement. The
authorized entity   shall conduct such a study  and  the  project  labor
agreement  shall  be performed consistent with the provisions of section
222 of the labor law. If a project labor agreement is not  performed  on
the  project; (1) the authorized entity shall not utilize a design-build
contract for the project; and (2) sections 101 and 103  of  the  general
municipal  law  and  section 135 of the state finance law shall apply to
the project.
  S 8. Each contract entered into by the authorized entity  pursuant  to
this act shall comply, whenever practical, with the objectives and goals
of  minority  and  women-owned  business enterprises pursuant to article
15-A of the executive law or, if the project receives federal aid, shall
comply with applicable federal requirements for  disadvantaged  business
enterprises.
  S  9. The project undertaken by the authorized entity pursuant to this
act shall be subject to the requirements of article 8  of  the  environ-
mental  conservation law, and, where applicable, the requirements of the
national environmental policy act.
  S 10.  The submission of a proposal or responses or the execution of a
design-build contract pursuant to this act shall not be construed to  be
a violation of section 6512 of the education law.

S. 6408--B                         14

  S  11.  Nothing  contained  in this act shall limit the right or obli-
gation of the authorized entity to comply with  the  provisions  of  any
existing contract, including any existing contract with or for the bene-
fit  of  the  holders of the obligations of the authorized entity, or to
award contracts as otherwise provided by law.
  S 12. This act shall take effect immediately.

                                 PART I

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART J

  Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
research and development authority shall be subject to the provisions of
this  section.  Notwithstanding  the  provisions  of  subdivision 4-a of
section 18-a of the public service law, all moneys committed or expended
in an amount not to exceed $750,000 shall be  reimbursed  by  assessment
against  gas  corporations, as defined in subdivision 11 of section 2 of
the public service law and electric corporations as defined in  subdivi-
sion  13  of  section 2 of the public service law, where such gas corpo-
rations and electric corporations have gross  revenues  from  intrastate
utility operations in excess of $500,000 in the preceding calendar year,
and the total amount which may be charged to any gas corporation and any
electric  corporation  shall  not exceed one cent per one thousand cubic
feet of gas sold and .010 cent per kilowatt-hour of electricity sold  by
such  corporations  in  their  intrastate utility operations in calendar
year 2014. Such amounts shall be excluded from  the  general  assessment
provisions  of  subdivision 2 of section 18-a of the public service law.
The chair of the public service commission shall bill  such  gas  and/or
electric  corporations for such amounts on or before August 10, 2016 and
such amounts shall be paid to the New York  state  energy  research  and
development authority on or before September 10, 2016. Upon receipt, the
New  York  state energy research and development authority shall deposit
such funds in the energy research and development operating fund  estab-
lished  pursuant  to section 1859 of the public authorities law. The New
York state energy research and development authority is  authorized  and
directed  to transfer $750,000 to the University of Rochester laboratory
for laser energetics from the funds received; and  commencing  in  2016,
provide  to  the chair of the public service commission and the director
of the budget and the chairs and secretaries of the  legislative  fiscal
committees,  on or before August first of each year, an itemized record,
certified by the president and chief executive officer of the authority,
or his or her designee, detailing any and all expenditures  and  commit-
ments  ascribable  to  moneys received as a result of this assessment by
the chair of the department of public service pursuant to  section  18-a
of  the public service law.  This itemized record shall include an item-
ized breakdown of the programs being funded  by  this  section  and  the
amount  committed  to each program.   The authority shall not commit for
any expenditure, any moneys derived from the assessment provided for  in
this  section,  until  the chair of such authority shall have submitted,

S. 6408--B                         15

and the director of the budget  shall  have  approved,  a  comprehensive
financial  plan encompassing all moneys available to and all anticipated
commitments and expenditures by such authority from any source  for  the
operations  of  such  authority.    Copies of the approved comprehensive
financial plan shall be immediately submitted by the chair to the chairs
and secretaries of the legislative fiscal committees.   Any such  amount
not  committed by such authority to contracts or contracts to be awarded
or otherwise expended by the authority during the fiscal year  shall  be
refunded  by such authority on a pro-rata basis to such gas and/or elec-
tric corporations, in a manner to be determined  by  the  department  of
public service.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART K

                          Intentionally Omitted

                                 PART L

  Section 1. Paragraph (c) of subdivision 12 of section 66 of the public
service law, as amended by chapter 162 of the laws of 1998,  is  amended
to read as follows:
  (c) For the purpose of this subdivision, "major changes" shall mean an
increase  in  the  rates  and charges which would increase the aggregate
revenues of the applicant more than the greater of three  hundred  thou-
sand  dollars or two and one-half percent, but shall not include changes
in rates, charges or rentals (I)  allowed  to  go  into  effect  by  the
commission or made by the utility pursuant to an order of the commission
after  hearings  held  upon  notice to the public, OR (II) PROPOSED BY A
MUNICIPALITY.
  S 2. Intentionally omitted.
  S 3. Intentionally omitted.
  S 4. Intentionally omitted.
  S 5. This act shall take effect immediately.

                                 PART M

  Section 1. Section 2 of 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,
as amended by section 1 of part T of chapter 58 of the laws of 2015,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2016]
2017.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2016.

                                 PART N

                          Intentionally Omitted

                                 PART O

S. 6408--B                         16

  Section  1. Chapter 912 of the laws of 1920 relating to the regulation
of boxing, sparring, and wrestling is REPEALED.
  S  2. Article 40 and sections 900 and 901 of the general business law,
as renumbered by chapter 407 of the laws of 1973, are renumbered article
43 and sections 1200 and 1201, respectively, and a  new  article  41  is
added to read as follows:
                               ARTICLE 41
                            COMBATIVE SPORTS
SECTION 1000. DEFINITIONS.
        1001. COMBATIVE SPORTS AUTHORIZED.
        1002. COMBATIVE SPORTS PROHIBITED.
        1003. STATE ATHLETIC COMMISSION.
        1004. JURISDICTION OF THE COMMISSION.
        1005. OFFICERS AND EMPLOYEES OF THE COMMISSION.
        1006. SANCTIONING ENTITIES.
        1007. LICENSES; GENERAL PROVISIONS.
        1008. LICENSES; JUDGES.
        1009. LICENSES; ENTITIES.
        1010. LICENSES; PROFESSIONALS.
        1011. TEMPORARY WORKING PERMITS.
        1012. TEMPORARY TRAINING FACILITIES.
        1013. MEDICAL ADVISORY BOARD.
        1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1015. CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
        1016. REQUIRED FILINGS.
        1017. PROFESSIONAL WRESTLING; PROMOTERS.
        1018. PROHIBITED CONDUCT.
        1019. PENALTIES.
        1020. SUBPOENAS BY COMMISSION; OATHS.
        1021. EXCEPTIONS.
        1022. DISPOSITION OF RECEIPTS.
  S  1000.  DEFINITIONS. AS USED IN THIS ARTICLE: 1. "AMATEUR" MEANS ANY
PARTICIPANT IN A COMBATIVE SPORT AUTHORIZED PURSUANT TO THIS ARTICLE WHO
IS NOT RECEIVING OR  COMPETING  FOR,  AND  WHO  HAS  NEVER  RECEIVED  OR
COMPETED FOR, ANY PURSE, MONEY, PRIZE, PECUNIARY GAIN, OR OTHER THING OF
VALUE EXCEEDING SEVENTY-FIVE DOLLARS OR THE ALLOWABLE AMOUNT ESTABLISHED
BY THE AUTHORIZED AMATEUR SANCTIONING ENTITY OVERSEEING THE COMPETITION.
  2.  "AUTHORIZED SANCTIONING ENTITY" MEANS AN ENTITY ALLOWED TO OVERSEE
AND CONDUCT COMBATIVE SPORTS PURSUANT TO REGULATIONS PROMULGATED BY  THE
COMMISSION.
  3.  "COMBATIVE  SPORT"  MEANS  ANY UNARMED BOUT, CONTEST, COMPETITION,
MATCH, OR EXHIBITION UNDERTAKEN TO ENTERTAIN AN  AUDIENCE,  WHEREIN  THE
PARTICIPANTS  PRIMARILY GRAPPLE OR WRESTLE, OR DELIVER BLOWS OF ANY KIND
TO, OR USE FORCE IN ANY WAY TO MANIPULATE, THE BODY OF  ANOTHER  PARTIC-
IPANT,  AND WHEREIN THE OUTCOME AND SCORE DEPEND ENTIRELY ON SUCH ACTIV-
ITIES.
  4. "COMMISSION" MEANS THE STATE ATHLETIC COMMISSION AS PROVIDED FOR IN
SECTION ONE THOUSAND THREE OF THIS ARTICLE, OR AN AGENT OR  EMPLOYEE  OF
THE STATE ATHLETIC COMMISSION ACTING ON ITS BEHALF.
  5.  "MIXED  MARTIAL ARTS" MEANS A COMBATIVE SPORT WHEREIN THE RULES OF
ENGAGEMENT DO NOT LIMIT THE PARTICIPANTS TO A SINGLE, SYSTEMATIC, FIGHT-
ING DISCIPLINE.
  6. "PROFESSIONAL" MEANS ANY PARTICIPANT IN A COMBATIVE  SPORT  AUTHOR-
IZED  PURSUANT  TO THIS ARTICLE, OTHER THAN AN AMATEUR, WHO IS RECEIVING
OR COMPETING FOR, OR WHO HAS EVER RECEIVED OR COMPETED FOR,  ANY  PURSE,

S. 6408--B                         17

MONEY,  PRIZE,  PECUNIARY  GAIN,  OR  OTHER THING EXCEEDING SEVENTY-FIVE
DOLLARS IN VALUE.
  S  1001. COMBATIVE SPORTS AUTHORIZED. COMBATIVE SPORTS CONDUCTED UNDER
THE SUPERVISION OF THE COMMISSION, UNDER THE SUPERVISION OF  AN  AUTHOR-
IZED  SANCTIONING  ENTITY,  OR  AS  PROVIDED FOR IN SECTION ONE THOUSAND
TWENTY-ONE OF THIS ARTICLE, ARE HEREBY AUTHORIZED. AUTHORIZED  COMBATIVE
SPORTS  INCLUDE,  AMATEUR  AND PROFESSIONAL BOXING, WRESTLING, SPARRING,
KICK BOXING, SINGLE DISCIPLINE MARTIAL  ARTS  AND  MIXED  MARTIAL  ARTS,
PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  S  1002.  COMBATIVE  SPORTS  PROHIBITED.  1.  THE CONDUCT OF COMBATIVE
SPORTS OUTSIDE THE SUPERVISION OF THE COMMISSION OR AN AUTHORIZED  SANC-
TIONING ENTITY IS PROHIBITED.
  2.  A  PERSON ADVANCES A PROHIBITED COMBATIVE SPORT WHEN, ACTING OTHER
THAN AS A SPECTATOR, HE OR SHE ENGAGES IN CONDUCT WHICH MATERIALLY  AIDS
ANY  UNAUTHORIZED  COMBATIVE  SPORT.  SUCH  CONDUCT  INCLUDES BUT IS NOT
LIMITED TO  CONDUCT  DIRECTED  TOWARD  THE  CREATION,  ESTABLISHMENT  OR
PERFORMANCE  OF  A PROHIBITED COMBATIVE SPORT, TOWARD THE ACQUISITION OR
MAINTENANCE OF PREMISES, PARAPHERNALIA, EQUIPMENT OR APPARATUS THEREFOR,
TOWARD THE SOLICITATION OR INDUCEMENT OF PERSONS TO  ATTEND  OR  PARTIC-
IPATE  THEREIN,  TOWARD  THE  ACTUAL CONDUCT OF THE PERFORMANCE THEREOF,
TOWARD THE ARRANGEMENT OF ANY OF ITS FINANCIAL OR PROMOTIONAL PHASES, OR
TOWARD ANY OTHER PHASE OF A PROHIBITED COMBATIVE SPORT.  ONE ADVANCES  A
PROHIBITED COMBATIVE SPORT WHEN, HAVING SUBSTANTIAL PROPRIETARY OR OTHER
AUTHORITATIVE CONTROL OVER PREMISES BEING USED WITH HIS OR HER KNOWLEDGE
FOR  PURPOSES OF A PROHIBITED COMBATIVE SPORT, HE OR SHE PERMITS SUCH TO
OCCUR OR CONTINUE OR MAKES  NO  EFFORT  TO  PREVENT  ITS  OCCURRENCE  OR
CONTINUATION.
  3.  A  PERSON PROFITS FROM A PROHIBITED COMBATIVE SPORT WHEN HE OR SHE
ACCEPTS OR RECEIVES MONEY OR OTHER PROPERTY WITH INTENT  TO  PARTICIPATE
IN  THE  PROCEEDS  OF  A  PROHIBITED  COMBATIVE SPORT, OR PURSUANT TO AN
AGREEMENT OR UNDERSTANDING WITH ANY PERSON WHEREBY  HE  OR  SHE  PARTIC-
IPATES  OR  IS  TO PARTICIPATE IN THE PROCEEDS OF A PROHIBITED COMBATIVE
SPORT.
  S 1003. STATE ATHLETIC COMMISSION. 1. THE STATE  ATHLETIC  COMMISSION,
AS  NAMED BY CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY, AS AMENDED BY CHAPTER SIX HUNDRED THREE OF THE LAWS OF  NINETEEN
HUNDRED  EIGHTY-ONE,  IS  CONTINUED  AS  A DIVISION OF THE DEPARTMENT OF
STATE. THE COMMISSION SHALL ACT  IN  THE  BEST  INTERESTS  OF  COMBATIVE
SPORTS.  THE  COMMISSION  IS  ENACTED  TO PROTECT THE HEALTH, SAFETY AND
GENERAL WELFARE OF ALL PARTICIPANTS IN COMBATIVE SPORTS  AND  SPECTATORS
THEREOF, TO PRESERVE THE INTEGRITY OF COMBATIVE SPORTS THROUGH THE MEANS
OF  LICENSING, OVERSIGHT, ENFORCEMENT AND THE AUTHORIZATION OF SANCTION-
ING ENTITIES, AND TO FACILITATE THE DEVELOPMENT AND RESPONSIBLE  CONDUCT
OF  COMBATIVE  SPORTS  THROUGHOUT THE ENTIRE STATE. THE COMMISSION SHALL
CONSIST OF FIVE MEMBERS WHO SHALL BE APPOINTED BY THE  GOVERNOR  BY  AND
WITH  THE ADVICE AND CONSENT OF THE SENATE. THE GOVERNOR SHALL DESIGNATE
ONE OF THE MEMBERS AS CHAIRPERSON OF THE COMMISSION.  THE MEMBERS OF THE
COMMISSION SHALL BE APPOINTED FOR TERMS OF THREE YEARS. ANY  VACANCY  IN
THE  MEMBERSHIP OF THE COMMISSION CAUSED OTHERWISE THAN BY EXPIRATION OF
TERM SHALL BE FILLED ONLY FOR THE BALANCE OF THE TERM OF THE  MEMBER  IN
WHOSE POSITION THE VACANCY OCCURS.
  2.  THE COMMISSIONERS SHALL BE PAID THEIR ACTUAL AND NECESSARY TRAVEL-
ING AND OTHER EXPENSES INCURRED BY THEM  IN  THE  PERFORMANCE  OF  THEIR
OFFICIAL  DUTIES.  THE  MEMBERS OF THE COMMISSION SHALL ADOPT A SEAL FOR
THE COMMISSION, AND MAKE SUCH RULES  FOR  THE  ADMINISTRATION  OF  THEIR
OFFICE,  NOT INCONSISTENT HEREWITH, AS THEY MAY DEEM EXPEDIENT; AND THEY

S. 6408--B                         18

MAY AMEND OR ABROGATE SUCH RULES. THREE OF THE MEMBERS OF THE COMMISSION
SHALL CONSTITUTE A QUORUM TO DO  BUSINESS;  AND  THE  CONCURRENCE  OF  A
MAJORITY  OF  THE  COMMISSIONERS  PRESENT SHALL BE NECESSARY TO RENDER A
DETERMINATION  BY  THE  COMMISSION.  THE  COMMISSION  IS VESTED WITH THE
AUTHORITY TO ADOPT SUCH RULES AND REGULATIONS AS NECESSARY TO EFFECTUATE
THE PROVISIONS OF THIS ARTICLE.
  S 1004. JURISDICTION OF THE COMMISSION. THE COMMISSION SHALL HAVE  AND
IS HEREBY VESTED WITH THE SOLE DIRECTION, MANAGEMENT, CONTROL AND JURIS-
DICTION OVER:  1. ALL AUTHORIZED COMBATIVE SPORTS;
  2.  ALL  LICENSES  OR PERMITS GRANTED BY THE COMMISSION TO ANY AND ALL
PERSONS OR ENTITIES WHO PARTICIPATE IN AUTHORIZED COMBATIVE SPORTS;
  3. ALL DETERMINATIONS  REGARDING  THE  AUTHORIZATION  OF  AMATEUR  AND
PROFESSIONAL SANCTIONING ENTITIES;
  4.  ALL GYMS, CLUBS, TRAINING CAMPS AND OTHER ORGANIZATIONS THAT MAIN-
TAIN TRAINING FACILITIES TO PREPARE PERSONS FOR PARTICIPATION IN AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS;
  5. THE PROMOTION OF PROFESSIONAL WRESTLING EXHIBITIONS TO  THE  EXTENT
PROVIDED FOR IN THIS ARTICLE; AND
  6. ALL CONTRACTS DIRECTLY RELATED TO THE CONDUCT OF AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS IN THE STATE OF NEW YORK.
  7. ALL DISCLOSURES TO THE COMMISSION SHALL BE DEEMED CONFIDENTIAL.
  S  1005.  OFFICERS  AND  EMPLOYEES OF THE COMMISSION. THE SECRETARY OF
STATE MAY APPOINT, AND AT HIS  OR  HER  PLEASURE  REMOVE,  AN  EXECUTIVE
DIRECTOR,  DEPUTIES, OFFICERS, INSPECTORS, PHYSICIANS AND ANY SUCH OTHER
EMPLOYEES AS MAY BE NECESSARY TO ADMINISTER THE PROVISIONS OF THIS ARTI-
CLE AND FIX THEIR SALARIES WITHIN THE AMOUNT APPROPRIATED THEREFOR.
  S 1006. SANCTIONING ENTITIES. 1. THE COMMISSION SHALL PROMULGATE REGU-
LATIONS ESTABLISHING A PROCESS BY WHICH ENTITIES MAY BE  RECOGNIZED  AND
APPROVED  BY  THE  COMMISSION  AS  AUTHORIZED SANCTIONING ENTITIES FOR A
PERIOD OF TIME TO BE ESTABLISHED BY THE  COMMISSION,  DURING  WHICH  THE
ENTITY  WILL  BE  ALLOWED TO OVERSEE AND CONDUCT COMBATIVE SPORTS WITHIN
THE STATE OF NEW YORK. THE COMMISSION MAY, IN ITS REASONABLE DISCRETION,
LIMIT THE SCOPE OF ANY RECOGNITION AND APPROVAL OF A SANCTIONING  ENTITY
TO THE OVERSIGHT AND CONDUCT OF ONE OR MORE SPECIFIC COMBAT DISCIPLINES,
AMATEUR  OR  PROFESSIONAL COMBATIVE SPORTS, OR TO ANY COMBINATION OF THE
FOREGOING BASED ON THE QUALIFICATIONS,  INTEGRITY  AND  HISTORY  OF  THE
ENTITY SEEKING AUTHORIZATION AS A SANCTIONING ENTITY.
  2. THE COMMISSION SHALL EVALUATE FACTORS INCLUDING BUT NOT LIMITED TO:
  (A) THE ENTITY'S STATED MISSION AND PRIMARY PURPOSE;
  (B)  WHETHER  THE  ENTITY REQUIRES PARTICIPANTS IN COMBATIVE SPORTS TO
USE HAND, FOOT AND GROIN PROTECTION;
  (C) WHETHER THE ENTITY HAS AN ESTABLISHED SET OF RULES  THAT  REQUIRES
THE  IMMEDIATE  TERMINATION  OF ANY COMBATIVE SPORT WHEN ANY PARTICIPANT
HAS ENDURED SEVERE PUNISHMENT OR IS IN DANGER OF SUFFERING SERIOUS PHYS-
ICAL INJURY; AND
  (D) WHETHER THE ENTITY HAS ESTABLISHED  PROTOCOLS  TO  EFFECTUATE  THE
APPROPRIATE AND TIMELY MEDICAL TREATMENT OF INJURED PERSONS.
  S  1007. LICENSES; GENERAL PROVISIONS. 1. EXCEPT AS OTHERWISE PROVIDED
IN SECTIONS ONE THOUSAND SIX, ONE  THOUSAND  ELEVEN,  AND  ONE  THOUSAND
SEVENTEEN  OF  THIS ARTICLE, WITH RESPECT TO ALL AUTHORIZED PROFESSIONAL
COMBATIVE SPORTS IN THIS STATE,  ALL  CORPORATIONS,  ENTITIES,  PERSONS,
REFEREES,  JUDGES,  MATCH-MAKERS,  TIMEKEEPERS, PROFESSIONALS, AND THEIR
MANAGERS, TRAINERS, AND SECONDS SHALL BE LICENSED BY THE COMMISSION.  NO
SUCH  CORPORATION,  ENTITY  OR PERSON SHALL BE PERMITTED TO PARTICIPATE,
EITHER DIRECTLY OR INDIRECTLY, IN ANY AUTHORIZED PROFESSIONAL  COMBATIVE
SPORT, OR THE HOLDING THEREOF, OR THE OPERATION OF ANY TRAINING FACILITY

S. 6408--B                         19

PROVIDING  CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR IN PART FOR
THE USE OF  PROFESSIONAL  BOXERS  OR  PROFESSIONAL  MIXED  MARTIAL  ARTS
PARTICIPANTS,  UNLESS  SUCH  CORPORATION  OR  PERSONS  SHALL  HAVE FIRST
PROCURED  A  LICENSE FROM THE COMMISSION. THE COMMISSION SHALL ESTABLISH
BY RULE AND REGULATION LICENSING STANDARDS FOR ALL LICENSEES.
  2. EVERY APPLICATION FOR A LICENSE SHALL BE IN A  FORM  PRESCRIBED  BY
THE   COMMISSION,  SHALL  BE  ADDRESSED  TO  THE  COMMISSION,  SHALL  BE
SUBSCRIBED BY THE APPLICANT, AND AFFIRMED BY HIM OR HER  AS  TRUE  UNDER
THE  PENALTIES  OF  PERJURY,  AND  SHALL  SET  FORTH  SUCH  FACTS AS THE
PROVISIONS HEREOF AND THE RULES AND REGULATIONS OF  THE  COMMISSION  MAY
REQUIRE.
  3.  (A)  THE  COMMISSION  SHALL  ESTABLISH  REASONABLE FEES, TERMS AND
RENEWAL TERMS FOR LICENSES,  PERMITS  AND  OTHER  AUTHORIZATIONS  ISSUED
PURSUANT  TO  THIS  ARTICLE,  PROVIDED, HOWEVER, THAT ALL TERMS, RENEWAL
TERMS AND FEES IN EFFECT PURSUANT TO CHAPTER NINE HUNDRED TWELVE OF  THE
LAWS  OF NINETEEN HUNDRED TWENTY, AND ANY SUBSEQUENT AMENDMENTS THERETO,
IMMEDIATELY PRIOR TO THE ENACTMENT OF THIS ARTICLE, SHALL  REMAIN  FIXED
AT THEIR PRIOR STATUTORY LEVELS FOR A PERIOD OF TWO YEARS FROM ENACTMENT
OF  THIS  ARTICLE.  THE COMMISSION SHALL PUBLISH ALL FEES, INCLUDING THE
AFOREMENTIONED, IN A SINGLE LOCATION ON ITS WEBSITE. ALL FEES SET BY THE
COMMISSION PURSUANT TO THIS SECTION SHALL BE SUBJECT TO THE APPROVAL  OF
THE DIRECTOR OF THE BUDGET.
  (B) WITH RESPECT TO THE FEES ESTABLISHED BY THE COMMISSION PURSUANT TO
PARAGRAPH  (A)  OF  THIS  SUBDIVISION,  WHEN  SUCH  FEES  ARE PAYABLE IN
RELATION TO AUTHORIZED COMBATIVE SPORTS CONSTITUTING MIXED MARTIAL ARTS,
THE FOLLOWING SHALL APPLY:
  (I) BY PROMOTERS, FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS  NOT
MORE  THAN  TWO  THOUSAND  FIVE HUNDRED, THE PROMOTER SHALL PAY NOT MORE
THAN FIVE HUNDRED DOLLARS;
  (II) BY PROMOTERS, FOR CONTESTS HELD WHERE  THE  SEATING  CAPACITY  IS
GREATER THAN TWO THOUSAND FIVE HUNDRED, BUT NOT MORE THAN FIVE THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND DOLLARS;
  (III)  BY  PROMOTERS,  FOR CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIVE THOUSAND, BUT NOT  MORE  THAN  FIFTEEN  THOUSAND,  THE
PROMOTER SHALL PAY NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS;
  (IV)  BY  PROMOTERS,  FOR  CONTESTS HELD WHERE THE SEATING CAPACITY IS
GREATER THAN FIFTEEN THOUSAND, BUT NOT MORE THAN  TWENTY-FIVE  THOUSAND,
THE PROMOTER SHALL PAY NOT MORE THAN TWO THOUSAND FIVE HUNDRED DOLLARS;
  (V)  BY  PROMOTERS,  FOR  CONTESTS  HELD WHERE THE SEATING CAPACITY IS
GREATER THAN TWENTY-FIVE THOUSAND, THE PROMOTER SHALL PAY NOT MORE  THAN
THREE THOUSAND DOLLARS;
  (VI) FOR REFEREES AND JUDGES, NOT MORE THAN ONE HUNDRED DOLLARS;
  (VII)  FOR  PROFESSIONAL  PARTICIPANTS, MANAGERS AND TRAINERS NOT MORE
THAN FIFTY DOLLARS; AND
  (VIII) FOR CHIEF SECONDS, NOT MORE THAN FORTY DOLLARS.
  4. ANY LICENSE, TEMPORARY WORK PERMIT OR  OTHER  AUTHORIZATION  ISSUED
UNDER  THE PROVISIONS OF THIS ARTICLE MAY BE REVOKED OR SUSPENDED BY THE
COMMISSION WHEN THE LICENSEE, PERMITTEE OR AUTHORIZED ENTITY HAS, IN THE
JUDGMENT OF THE COMMISSION, VIOLATED ANY PROVISION OF THIS ARTICLE, RULE
OR ORDER OF THE COMMISSION,  DEMONSTRATED  CONDUCT  DETRIMENTAL  TO  THE
INTERESTS  OF  AUTHORIZED  COMBATIVE  SPORTS  GENERALLY OR TO THE PUBLIC
INTEREST, OR WHEN THE COMMISSION DEEMS IT TO BE IN THE BEST INTERESTS OF
THE HEALTH AND SAFETY OF THE LICENSEE.
  (A) ANY LICENSEE WHO SUFFERED A KNOCKOUT OR TECHNICAL  KNOCKOUT  IN  A
COMBATIVE SPORT MAY, UPON THE RECOMMENDATION OF THE ATTENDING COMMISSION
PHYSICIAN,  BE  SUSPENDED  BY THE COMMISSION, FOR A PERIOD DETERMINED BY

S. 6408--B                         20

THE COMMISSION, AND SHALL FORFEIT HIS OR HER LICENSE TO  THE  COMMISSION
DURING  SUCH  PERIOD. SUCH LICENSE SHALL NOT BE RETURNED TO THE LICENSEE
UNTIL HE OR SHE HAS MET ALL REQUIREMENTS,  MEDICAL  AND  OTHERWISE,  FOR
REINSTATEMENT OF SUCH LICENSE. ALL SUCH SUSPENSIONS SHALL BE RECORDED IN
HIS OR HER LICENSE BY A COMMISSION OFFICIAL.
  (B)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, IF ANY OTHER STATE
SHALL REVOKE A LICENSEE'S LICENSE TO COMPETE IN COMBATIVE SPORTS IN THAT
STATE, THEN THE COMMISSION MAY ACT TO REVOKE ANY LICENSE ISSUED TO  SUCH
LICENSEE PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
  S  1008. LICENSES; JUDGES. 1. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS
ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN  OF  THIS  ARTICLE,  ONLY  A
PERSON  LICENSED  BY  THE  COMMISSION,  AS A COMBATIVE SPORTS JUDGE, MAY
JUDGE AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. JUDG-
ES FOR ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT UNDER  THE  JURISDIC-
TION  OF  THE COMMISSION SHALL BE SELECTED BY THE COMMISSION FROM A LIST
OF QUALIFIED LICENSED JUDGES MAINTAINED BY THE COMMISSION.
  2. ANY PARTICIPANT IN A PROFESSIONAL COMBATIVE SPORT  OR  HIS  OR  HER
MANAGER  MAY  PROTEST  THE  ASSIGNMENT  OF  A JUDGE TO A CONTEST AND THE
PARTICIPANT OR MANAGER MAY BE HEARD BY THE COMMISSION OR ITS DESIGNEE IF
SUCH PROTEST IS TIMELY. IF THE PROTEST IS UNTIMELY IT SHALL BE SUMMARILY
REJECTED.
  3. EACH PERSON SEEKING TO BE LICENSED AS A  JUDGE  BY  THE  COMMISSION
SHALL  BE  REQUIRED  TO SUBMIT TO OR PROVIDE PROOF OF AN EYE EXAMINATION
AND ANNUALLY THEREAFTER ON  THE  ANNIVERSARY  OF  THE  ISSUANCE  OF  THE
LICENSE.  THE  COMMISSION  SHALL ESTABLISH CONTINUING EDUCATION PROGRAMS
AND REQUIREMENTS TO BE COMPLETED BY LICENSED JUDGES. EACH JUDGE MUST  BE
CERTIFIED  AS  HAVING  COMPLETED  A  TRAINING PROGRAM AS APPROVED BY THE
COMMISSION AND SHALL PASS AN EXAMINATION APPROVED BY THE COMMISSION.
  4. EACH PERSON SEEKING A  LICENSE  TO  JUDGE  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORTS IN THE STATE SHALL BE REQUIRED TO FILL OUT A FINANCIAL
QUESTIONNAIRE CERTIFYING UNDER PENALTY OF PERJURY FULL DISCLOSURE OF THE
JUDGE'S FINANCIAL SITUATION ON A QUESTIONNAIRE TO BE PROMULGATED BY  THE
COMMISSION.    SUCH QUESTIONNAIRE SHALL BE IN A FORM AND MANNER APPROVED
BY THE COMMISSION AND SHALL PROVIDE INFORMATION AS TO AREAS OF ACTUAL OR
POTENTIAL CONFLICT OF INTEREST AS WELL AS APPEARANCES OF SUCH CONFLICTS,
INCLUDING FINANCIAL RESPONSIBILITY.  WITHIN  FORTY-EIGHT  HOURS  OF  ANY
MATCH,  EACH JUDGE OF A PROFESSIONAL COMBATIVE SPORT SHALL FILE WITH THE
COMMISSION A FINANCIAL DISCLOSURE STATEMENT IN SUCH FORM AND  MANNER  AS
SHALL BE ACCEPTABLE TO THE COMMISSION.
  S  1009.  LICENSES;  ENTITIES.  1. (A) EXCEPT AS OTHERWISE PROVIDED IN
SECTIONS ONE THOUSAND SIX AND ONE THOUSAND SEVENTEEN  OF  THIS  ARTICLE,
ONLY  ENTITIES  LICENSED  BY  THE  COMMISSION  MAY CONDUCT AN AUTHORIZED
PROFESSIONAL COMBATIVE SPORT WITHIN THE STATE. THE  COMMISSION  MAY,  IN
ITS  DISCRETION,  ISSUE  A LICENSE TO CONDUCT OR HOLD AUTHORIZED PROFES-
SIONAL COMBATIVE SPORTS, SUBJECT TO THE PROVISIONS HEREOF, TO ANY PERSON
OR CORPORATION DULY INCORPORATED, OR LIMITED LIABILITY  COMPANY  AUTHOR-
IZED, UNDER THE LAWS OF THE STATE OF NEW YORK.
  (B) A PROSPECTIVE LICENSEE MUST SUBMIT TO THE COMMISSION PROOF THAT IT
CAN FURNISH SUITABLE PREMISES, AS DETERMINED BY THE COMMISSION, IN WHICH
SUCH COMBATIVE SPORT IS TO BE HELD.
  (C)  UPON  WRITTEN  APPLICATION THE COMMISSION MAY GRANT TO ANY ENTITY
HOLDING A LICENSE ISSUED HEREUNDER, THE  PRIVILEGE  OF  HOLDING  SUCH  A
MATCH OR EXHIBITION ON A SPECIFIED DATE IN OTHER PREMISES, OR IN ANOTHER
LOCATION,  THAN  THE  PREMISES  OR  LOCATION  PREVIOUSLY APPROVED BY THE
COMMISSION, SUBJECT HOWEVER TO APPROVAL OF THE COMMISSION AND THE  RULES
AND REGULATIONS OF THE COMMISSION.

S. 6408--B                         21

  2.  (A)  THE  COMMISSION MAY, IN ITS DISCRETION AND IN ACCORDANCE WITH
REGULATIONS ADOPTED BY THE COMMISSION TO PROTECT THE HEALTH  AND  SAFETY
OF  PROFESSIONALS  IN  TRAINING,  ISSUE  A LICENSE TO OPERATE A TRAINING
FACILITY PROVIDING CONTACT SPARRING MAINTAINED EITHER EXCLUSIVELY OR  IN
PART  FOR  THE  USE  OF PROFESSIONAL COMBATIVE SPORTS PARTICIPANTS. AT A
MINIMUM, ANY SUCH REGULATION SHALL REQUIRE:
  (I) FIRST AID MATERIALS TO BE STORED IN AN ACCESSIBLE LOCATION ON  THE
PREMISES  AND  FOR  THE PRESENCE ON THE PREMISES OF A PERSON TRAINED AND
CERTIFIED IN THE USE OF SUCH MATERIALS AND PROCEDURES FOR  CARDIO-PULMO-
NARY  RESUSCITATION  AT  ALL TIMES DURING WHICH THE FACILITY IS OPEN FOR
TRAINING PURPOSES;
  (II) CLEAN AND SANITARY BATHROOMS, SHOWER ROOMS, AND LOCKER ROOMS;
  (III) ADEQUATE VENTILATION AND LIGHTING OF  ACCESSIBLE  AREAS  OF  THE
TRAINING FACILITY;
  (IV)  ESTABLISHMENT  OF A POLICY CONCERNING THE RESTRICTION OF SMOKING
IN TRAINING AREAS, INCLUDING  PROVISIONS  FOR  ITS  ENFORCEMENT  BY  THE
FACILITY OPERATOR;
  (V) COMPLIANCE WITH STATE AND LOCAL FIRE ORDINANCES;
  (VI)  INSPECTION AND APPROVAL OF SURFACES ON WHICH TRAINING FOR COMBA-
TIVE SPORTS WILL BE HELD; AND
  (VII) ESTABLISHMENT OF A POLICY FOR  POSTING  ALL  COMMISSION  LICENSE
SUSPENSIONS AND LICENSE REVOCATIONS RECEIVED FROM THE COMMISSION INCLUD-
ING  PROVISIONS  FOR  ENFORCEMENT OF SUCH SUSPENSIONS AND REVOCATIONS BY
THE FACILITY OPERATOR.
  (B) A PROSPECTIVE ENTITY LICENSEE SHALL SUBMIT TO THE COMMISSION PROOF
THAT IT CAN FURNISH SUITABLE FACILITIES IN WHICH THE TRAINING IS  TO  BE
CONDUCTED,  INCLUDING  THE  MAKING OF SUCH TRAINING FACILITIES AVAILABLE
FOR INSPECTION BY THE COMMISSION AT ANY TIME DURING WHICH TRAINING IS IN
PROGRESS.
  S 1010. LICENSES; PROFESSIONALS. 1. EXCEPT AS  OTHERWISE  PROVIDED  IN
SECTIONS  ONE  THOUSAND SIX, ONE THOUSAND ELEVEN AND ONE THOUSAND SEVEN-
TEEN OF THIS ARTICLE, ONLY PERSONS  LICENSED  BY  THE  COMMISSION  SHALL
COMPETE IN AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.
  2.  ANY PROFESSIONAL APPLYING FOR A LICENSE OR RENEWAL OF A LICENSE TO
PARTICIPATE IN COMBATIVE SPORTS  UNDER  THIS  ARTICLE  SHALL  UNDERGO  A
COMPREHENSIVE PHYSICAL EXAMINATION INCLUDING CLINICAL NEUROLOGICAL EXAM-
INATIONS  BY A PHYSICIAN APPROVED BY THE COMMISSION.  IF, AT THE TIME OF
SUCH EXAMINATION, THERE IS ANY INDICATION OF BRAIN INJURY,  OR  FOR  ANY
OTHER  REASON THE PHYSICIAN DEEMS IT APPROPRIATE, THE PROFESSIONAL SHALL
BE REQUIRED TO UNDERGO FURTHER NEUROLOGICAL EXAMINATIONS BY  A  NEUROLO-
GIST  INCLUDING MAGNETIC RESONANCE IMAGING OR OTHER MEDICALLY EQUIVALENT
PROCEDURES. THE COMMISSION SHALL NOT ISSUE A LICENSE TO  A  PROFESSIONAL
UNTIL  SUCH  EXAMINATIONS  ARE COMPLETED AND REVIEWED BY THE COMMISSION.
THE RESULTS OF ALL SUCH EXAMINATIONS HEREIN REQUIRED SHALL BECOME A PART
OF THE PROFESSIONAL'S PERMANENT MEDICAL  RECORD  AS  MAINTAINED  BY  THE
COMMISSION.  THE  COSTS OF ALL SUCH EXAMINATIONS SHALL BE ASSUMED BY THE
APPLICANT OR PROMOTER WITH WHICH THE PROFESSIONAL BOXER OR MIXED MARTIAL
ARTS PARTICIPANT IS AFFILIATED, REGARDLESS OF PROVIDER.
  3. ANY PROFESSIONAL LICENSED UNDER THIS ARTICLE SHALL, AS A  CONDITION
OF LICENSURE, WAIVE RIGHT OF CONFIDENTIALITY OF MEDICAL RECORDS RELATING
TO TREATMENT OF ANY PHYSICAL CONDITION WHICH RELATES TO HIS OR HER ABIL-
ITY  TO FIGHT. ALL MEDICAL REPORTS SUBMITTED TO, AND ALL MEDICAL RECORDS
OF THE MEDICAL ADVISORY BOARD OR THE COMMISSION RELATIVE TO THE PHYSICAL
EXAMINATION OR CONDITION OF PROFESSIONALS SHALL BE CONSIDERED  CONFIDEN-
TIAL,  AND  SHALL  BE  OPEN TO EXAMINATION ONLY TO THE COMMISSION OR ITS
AUTHORIZED REPRESENTATIVE, TO THE LICENSED PROFESSIONAL OR MANAGER  UPON

S. 6408--B                         22

WRITTEN  APPLICATION  TO  EXAMINE  SAID  RECORDS, OR UPON THE ORDER OF A
COURT OF COMPETENT JURISDICTION IN AN APPROPRIATE CASE.
  S  1011. TEMPORARY WORKING PERMITS. THE COMMISSION MAY ISSUE TEMPORARY
WORKING PERMITS TO PROFESSIONALS, THEIR MANAGERS, TRAINERS AND  SECONDS.
A  TEMPORARY WORKING PERMIT SHALL AUTHORIZE THE EMPLOYMENT OF THE HOLDER
OF SUCH PERMIT TO ENGAGE IN A SINGLE AUTHORIZED  PROFESSIONAL  COMBATIVE
SPORT  AT  A  SPECIFIED  TIME AND PLACE. THE COMMISSION MAY REQUIRE THAT
PROFESSIONALS APPLYING FOR TEMPORARY WORKING PERMITS UNDERGO A  PHYSICAL
EXAMINATION AND NEUROLOGICAL TEST OR PROCEDURE, INCLUDING MAGNETIC RESO-
NANCE  IMAGING  OR  MEDICALLY  EQUIVALENT  PROCEDURE.  TEMPORARY WORKING
PERMITS SHALL EXPIRE  UPON  THE  COMPLETION  OF  THE  SINGLE  AUTHORIZED
PROFESSIONAL   COMBATIVE   SPORT   AND  ANY  SUBSEQUENT  EVALUATIONS  OR
INSPECTIONS REQUIRED BY THE COMMISSION.   THE  FEE  FOR  SUCH  TEMPORARY
WORKING PERMIT SHALL BE ESTABLISHED BY THE COMMISSION PURSUANT TO RULE.
  S  1012. TEMPORARY TRAINING FACILITIES. THE COMMISSION IN ITS JUDGMENT
MAY EXEMPT FROM LICENSING  UNDER  THIS  ARTICLE  ANY  TRAINING  FACILITY
PROVIDING  CONTACT  SPARRING  ESTABLISHED  AND MAINTAINED ON A TEMPORARY
BASIS FOR THE PURPOSE OF PREPARING PROFESSIONALS FOR A SPECIFIC  AUTHOR-
IZED  COMBATIVE SPORT TO BE CONDUCTED, HELD OR GIVEN WITHIN THE STATE OF
NEW YORK.
  S 1013. MEDICAL ADVISORY BOARD. 1. THE MEDICAL ADVISORY BOARD  CREATED
PURSUANT  TO CHAPTER NINE HUNDRED TWELVE OF THE LAWS OF NINETEEN HUNDRED
TWENTY, AND SUBSEQUENT AMENDMENTS THERETO IS  HEREBY  CONTINUED  WITHOUT
INTERRUPTION.  IT  SHALL REMAIN A DIVISION OF THE STATE ATHLETIC COMMIS-
SION, AND SHALL CONSIST OF NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR.
THE GOVERNOR SHALL DESIGNATE ONE OF SUCH MEMBERS AS CHAIRPERSON  OF  THE
ADVISORY  BOARD.  THE  TERM  OF A MEMBER THEREAFTER APPOINTED, EXCEPT TO
FILL A VACANCY, SHALL BE THREE YEARS FROM THE EXPIRATION OF THE TERM  OF
HIS  PREDECESSOR. UPON THE APPOINTMENT OF A SUCCESSOR TO THE CHAIRPERSON
OF THE ADVISORY BOARD, THE GOVERNOR SHALL DESIGNATE  SUCH  SUCCESSOR  OR
OTHER  MEMBER  OF THE ADVISORY BOARD AS CHAIRPERSON. A VACANCY OCCURRING
OTHERWISE THAN BY EXPIRATION OF TERM, SHALL BE FILLED BY APPOINTMENT  BY
THE  GOVERNOR  FOR  THE  REMAINDER  ONLY OF THE TERM. EACH MEMBER OF THE
ADVISORY BOARD SHALL BE DULY LICENSED TO PRACTICE MEDICINE IN THE  STATE
OF NEW YORK, AND AT THE TIME OF HIS OR HER APPOINTMENT HAVE HAD AT LEAST
FIVE  YEARS'  EXPERIENCE  IN  THE PRACTICE OF HIS OR HER PROFESSION. THE
MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE SUCH COMPENSATION AS MAY  BE
FIXED BY THE COMMISSION WITHIN THE AMOUNT PROVIDED BY APPROPRIATION, AND
SHALL  BE  ALLOWED  AND  PAID  NECESSARY  TRAVELING  AND  OTHER EXPENSES
INCURRED BY THEM, RESPECTIVELY, IN THE PERFORMANCE OF THEIR DUTIES HERE-
UNDER.
  2. THE ADVISORY BOARD SHALL HAVE POWER AND IT SHALL BE THE DUTY OF THE
BOARD TO PREPARE AND SUBMIT TO THE COMMISSION FOR  APPROVAL  REGULATIONS
AND  STANDARDS  FOR THE PHYSICAL EXAMINATION OF PROFESSIONALS INCLUDING,
WITHOUT LIMITATION, PRE-FIGHT AND POST-FIGHT EXAMINATIONS  AND  PERIODIC
COMPREHENSIVE  EXAMINATIONS.  THE  BOARD  SHALL  CONTINUE TO SERVE IN AN
ADVISORY CAPACITY TO THE COMMISSION AND FROM TIME TO  TIME  PREPARE  AND
SUBMIT  TO  THE COMMISSION FOR APPROVAL, SUCH ADDITIONAL REGULATIONS AND
STANDARDS OF EXAMINATION AS IN THEIR JUDGMENT WILL SAFEGUARD  THE  PHYS-
ICAL  WELFARE  OF PROFESSIONALS LICENSED BY THE COMMISSION. THE ADVISORY
BOARD SHALL RECOMMEND TO THE COMMISSION FROM TIME TO TIME SUCH QUALIFIED
PHYSICIANS, WHO MAY BE DESIGNATED AND EMPLOYED BY THE COMMISSION FOR THE
PURPOSE OF CONDUCTING PHYSICAL EXAMINATIONS OF PROFESSIONALS  AND  OTHER
SERVICES  AS THE RULES OF THE COMMISSION SHALL PROVIDE. SUCH PHYSICIANS,
IF SO EMPLOYED, SHALL RECEIVE COMPENSATION AS FIXED  BY  THE  COMMISSION

S. 6408--B                         23

WITHIN  AMOUNTS  APPROPRIATED THEREFOR. THE PROVISIONS OF SECTION SEVEN-
TEEN OF THE PUBLIC OFFICERS LAW SHALL APPLY TO ANY PHYSICIAN WHO:
  (A) IS DESIGNATED AND EMPLOYED BY THE COMMISSION; AND
  (B)  IS RENDERING PROFESSIONAL SERVICES ON BEHALF OF THE COMMISSION TO
PROFESSIONALS.
  3. THE ADVISORY BOARD SHALL DEVELOP OR RECOMMEND  APPROPRIATE  MEDICAL
EDUCATION  PROGRAMS FOR ALL COMMISSION PERSONNEL INVOLVED IN THE CONDUCT
OF AUTHORIZED COMBATIVE SPORTS SO THAT SUCH PERSONNEL CAN RECOGNIZE  AND
ACT  UPON EVIDENCE OF POTENTIAL OR ACTUAL ADVERSE MEDICAL INDICATIONS IN
A PARTICIPANT PRIOR TO, DURING OR AFTER THE COURSE OF A MATCH.
  4. THE ADVISORY BOARD SHALL REVIEW THE CREDENTIALS AND PERFORMANCE  OF
EACH COMMISSION PHYSICIAN ON AN ANNUAL BASIS.
  5.  THE  ADVISORY  BOARD  SHALL  ADVISE THE COMMISSION ON ANY STUDY OF
EQUIPMENT, PROCEDURES OR PERSONNEL WHICH WILL, IN THEIR OPINION, PROMOTE
THE SAFETY OF PROFESSIONALS.
  S 1014. REGULATION OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS.    THE
COMMISSION SHALL PROMULGATE REGULATIONS GOVERNING THE CONDUCT OF AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORTS THAT:
  1.  ESTABLISH  PARAMETERS  AND  LIMITATIONS  ON WEIGHTS AND CLASSES OF
PROFESSIONALS;
  2. ESTABLISH PARAMETERS AND LIMITATIONS ON THE NUMBER AND DURATION  OF
ROUNDS;
  3.  ESTABLISH  THE REQUIREMENTS FOR THE PRESENCE OF MEDICAL EQUIPMENT,
MEDICAL PERSONNEL, AN AMBULANCE, OTHER EMERGENCY APPARATUS AND AN  EMER-
GENCY MEDICAL PLAN;
  4.  ESTABLISH  RESPONSIBILITIES  OF  ALL  LICENSEES BEFORE, DURING AND
AFTER AN EVENT;
  5. DEFINE UNSPORTSMANLIKE PRACTICES;
  6. ESTABLISH CONDITIONS FOR THE FORFEITURE OF ANY PRIZE,  REMUNERATION
OR  PURSE,  OR  ANY  PART THEREOF BASED ON THE CONDUCT OF PROFESSIONALS,
THEIR MANAGERS AND SECONDS;
  7. ESTABLISH PARAMETERS AND STANDARDS FOR REQUIRED AND ALLOWED  EQUIP-
MENT ITEMS UTILIZED BY PROFESSIONALS;
  8.  ESTABLISH  PARAMETERS AND STANDARDS FOR RINGS, COMBAT SURFACES AND
APPURTENANCES THERETO; AND
  9. ESTABLISH SUCH OTHER RULES  AND  CONDITIONS  AS  ARE  NECESSARY  TO
EFFECTUATE THE COMMISSION'S PURPOSE.
  S  1015.  CONDUCT OF AUTHORIZED PROFESSIONAL COMBATIVE SPORTS. 1.  ALL
BUILDINGS OR STRUCTURES USED OR  INTENDED  TO  BE  USED  FOR  CONDUCTING
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORTS SHALL BE PROPERLY VENTILATED
AND PROVIDED WITH FIRE EXITS AND FIRE ESCAPES, AND IN ALL MANNER CONFORM
TO THE LAWS, ORDINANCES AND REGULATIONS PERTAINING TO BUILDINGS  IN  THE
CITY, TOWN OR VILLAGE WHERE SITUATED.
  2.  NO PERSON UNDER THE AGE OF EIGHTEEN YEARS SHALL PARTICIPATE IN ANY
AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, AND NO  PERSON  UNDER  SIXTEEN
YEARS  OF  AGE  SHALL  BE  PERMITTED  TO  ATTEND THEREAT AS A SPECTATOR,
PROVIDED, HOWEVER, THAT A PERSON UNDER THE AGE OF SIXTEEN MAY BE PERMIT-
TED TO ATTEND AS A SPECTATOR IF ACCOMPANIED BY A PARENT OR GUARDIAN.
  3. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF  THIS  ARTICLE,  AT EACH AUTHORIZED PROFESSIONAL
COMBATIVE SPORT, EXCEPT WHERE CONDUCTED SOLELY  FOR  TRAINING  PURPOSES,
THERE  SHALL  BE  IN ATTENDANCE A DULY LICENSED REFEREE WHO SHALL DIRECT
AND CONTROL THE SAME. THERE SHALL ALSO BE IN  ATTENDANCE,  EXCEPT  WHERE
CONDUCTED  SOLELY  FOR TRAINING PURPOSES, THREE DULY LICENSED JUDGES WHO
SHALL AT THE TERMINATION OF EACH SUCH AUTHORIZED PROFESSIONAL  COMBATIVE

S. 6408--B                         24

SPORT  RENDER  THEIR DECISION. THE WINNER SHALL BE DETERMINED IN ACCORD-
ANCE WITH A SCORING SYSTEM PRESCRIBED BY THE COMMISSION.
  4.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS  ARTICLE,  THE  COMMISSION  SHALL  DIRECT  AN
EMPLOYEE  OF THE COMMISSION TO BE PRESENT AT EACH PLACE WHERE AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE TO BE CONDUCTED.  SUCH EMPLOYEE OF THE
COMMISSION SHALL ASCERTAIN THE EXACT CONDITIONS SURROUNDING SUCH AUTHOR-
IZED PROFESSIONAL COMBATIVE SPORT AND MAKE A WRITTEN REPORT OF THE  SAME
IN  THE  MANNER AND FORM PRESCRIBED BY THE COMMISSION.  WHERE AUTHORIZED
PROFESSIONAL COMBATIVE SPORTS ARE APPROVED TO BE HELD IN A STATE OR CITY
OWNED ARMORY, THE PROVISION OF THE MILITARY LAW IN RESPECT THERETO  MUST
BE COMPLIED WITH.
  5.  EXCEPT  AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX AND ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, ANY RING OR COMBAT SURFACE  MUST  BE
INSPECTED  AND  APPROVED  BY THE COMMISSION PRIOR TO THE COMMENCEMENT OF
ANY AUTHORIZED PROFESSIONAL COMBATIVE SPORT.
  6. EXCEPT AS OTHERWISE PROVIDED IN SECTIONS ONE THOUSAND SIX  AND  ONE
THOUSAND  SEVENTEEN  OF THIS ARTICLE, ALL PROFESSIONALS MUST BE EXAMINED
BY A PHYSICIAN DESIGNATED BY THE COMMISSION BEFORE ENTERING THE RING  OR
COMBAT  SURFACE  AND EACH SUCH PHYSICIAN SHALL IMMEDIATELY FILE WITH THE
COMMISSION A WRITTEN REPORT OF SUCH EXAMINATION. THE COST  OF  ANY  SUCH
EXAMINATION,  AS  PRESCRIBED  BY  A  SCHEDULE OF FEES ESTABLISHED BY THE
COMMISSION, SHALL BE PAID BY THE CORPORATION CONDUCTING  THE  AUTHORIZED
PROFESSIONAL  COMBATIVE SPORT TO THE COMMISSION. IT SHALL BE THE DUTY OF
EVERY PERSON OR CORPORATION LICENSED TO CONDUCT  AN  AUTHORIZED  PROFES-
SIONAL  COMBATIVE  SPORT,  TO  HAVE  IN  ATTENDANCE  AT EVERY AUTHORIZED
PROFESSIONAL COMBATIVE SPORT, AT LEAST ONE PHYSICIAN DESIGNATED  BY  THE
COMMISSION  AS  THE  RULES SHALL PROVIDE. THE COMMISSION MAY ESTABLISH A
SCHEDULE OF FEES TO BE PAID BY THE LICENSEE TO COVER THE  COST  OF  SUCH
ATTENDANCE.
  7. THE PHYSICIAN SHALL TERMINATE ANY AUTHORIZED PROFESSIONAL COMBATIVE
SPORT  IF IN THE OPINION OF SUCH PHYSICIAN ANY PROFESSIONAL HAS RECEIVED
SEVERE PUNISHMENT OR IS IN DANGER OF SERIOUS  PHYSICAL  INJURY.  IN  THE
EVENT  OF  ANY SERIOUS PHYSICAL INJURY, SUCH PHYSICIAN SHALL IMMEDIATELY
RENDER ANY EMERGENCY TREATMENT NECESSARY, RECOMMEND FURTHER TREATMENT OR
HOSPITALIZATION IF REQUIRED, AND FULLY REPORT THE ENTIRE MATTER  TO  THE
COMMISSION WITHIN TWENTY-FOUR HOURS AND IF NECESSARY, SUBSEQUENTLY THER-
EAFTER.  SUCH  PHYSICIAN  MAY ALSO REQUIRE THAT THE INJURED PROFESSIONAL
AND HIS OR HER MANAGER REMAIN IN THE RING OR ON THE PREMISES  OR  REPORT
TO  A  HOSPITAL AFTER THE CONTEST FOR SUCH PERIOD OF TIME AS SUCH PHYSI-
CIAN DEEMS ADVISABLE.  ANY  PROFESSIONAL  LICENSED  UNDER  THIS  ARTICLE
RENDERED  UNCONSCIOUS  OR  SUFFERING  HEAD  TRAUMA  AS DETERMINED BY THE
ATTENDING PHYSICIAN SHALL  BE  IMMEDIATELY  EXAMINED  BY  THE  ATTENDING
COMMISSION PHYSICIAN AND SHALL BE REQUIRED TO UNDERGO NEUROLOGICAL EXAM-
INATIONS  BY  A  NEUROLOGIST INCLUDING BUT NOT LIMITED TO MAGNETIC RESO-
NANCE IMAGING OR MEDICALLY EQUIVALENT PROCEDURE.
  8. SUCH PHYSICIAN MAY ENTER THE RING AT ANY TIME DURING AN  AUTHORIZED
PROFESSIONAL  COMBATIVE  SPORT  AND MAY TERMINATE THE MATCH IF IN HIS OR
HER OPINION THE SAME IS NECESSARY TO PREVENT SEVERE PUNISHMENT OR  SERI-
OUS PHYSICAL INJURY TO A PROFESSIONAL.
  9.  BEFORE  A  LICENSE  SHALL BE GRANTED TO A PERSON OR CORPORATION TO
CONDUCT AN AUTHORIZED PROFESSIONAL COMBATIVE SPORT, THE APPLICANT  SHALL
EXECUTE  AND  FILE WITH THE SECRETARY OF STATE A BOND IN AN AMOUNT TO BE
DETERMINED BY THE COMMISSION, TO BE APPROVED AS TO FORM AND  SUFFICIENCY
OF  SURETIES  THEREON  BY  THE  SECRETARY  OF STATE, CONDITIONED FOR THE
FAITHFUL PERFORMANCE BY SAID CORPORATION OF THE PROVISIONS OF THIS ARTI-

S. 6408--B                         25

CLE AND THE RULES AND REGULATIONS OF THE COMMISSION, AND UPON THE FILING
AND APPROVAL OF SAID BOND THE SECRETARY OF STATE  SHALL  ISSUE  TO  SAID
APPLICANT  A CERTIFICATE OF SUCH FILING AND APPROVAL, WHICH SHALL BE, BY
SAID  APPLICANT, FILED IN THE OFFICE OF THE COMMISSION WITH ITS APPLICA-
TION FOR LICENSE, AND NO SUCH LICENSE SHALL BE ISSUED UNTIL SUCH CERTIF-
ICATE SHALL BE FILED. IN  CASE  OF  DEFAULT  IN  SUCH  PERFORMANCE,  THE
COMMISSION  MAY  IMPOSE  UPON THE DELINQUENT A PENALTY IN THE SUM OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH OFFENSE, WHICH MAY BE  RECOVERED
BY  THE  ATTORNEY  GENERAL IN THE NAME OF THE PEOPLE OF THE STATE OF NEW
YORK IN THE SAME MANNER AS OTHER PENALTIES ARE  RECOVERED  BY  LAW;  ANY
AMOUNT SO RECOVERED SHALL BE PAID INTO THE TREASURY.
  10.  IN  ADDITION  TO  THE  BOND  REQUIRED BY SUBDIVISION NINE OF THIS
SECTION, EACH APPLICANT FOR A LICENSE TO CONDUCT AN  AUTHORIZED  PROFES-
SIONAL  COMBATIVE  SPORT  SHALL  EXECUTE  AND FILE WITH THE SECRETARY OF
STATE A BOND IN AN AMOUNT TO BE  DETERMINED  BY  THE  COMMISSION  TO  BE
APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THEREON BY THE SECRETARY
OF STATE, CONDITIONED FOR AND GUARANTEEING THE PAYMENT OF PROFESSIONALS'
AND  PROFESSIONAL WRESTLERS' PURSES, SALARIES OF CLUB EMPLOYEES LICENSED
BY THE COMMISSION, AND THE LEGITIMATE EXPENSES OF PRINTING  TICKETS  AND
ALL ADVERTISING MATERIAL.
  11.  ALL PERSONS, PARTIES OR CORPORATIONS HAVING LICENSES AS PROMOTERS
OR WHO ARE LICENSED IN ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
THIS ARTICLE SHALL CONTINUOUSLY PROVIDE ACCIDENT INSURANCE OR SUCH OTHER
FORM OF FINANCIAL GUARANTEE DEEMED ACCEPTABLE BY THE COMMISSION, FOR THE
PROTECTION OF LICENSED PROFESSIONALS AND PROFESSIONAL WRESTLERS, APPEAR-
ING IN AUTHORIZED PROFESSIONAL COMBATIVE  SPORTS  OR  WRESTLING  EXHIBI-
TIONS.  SUCH  ACCIDENT  INSURANCE  OR  FINANCIAL GUARANTEE SHALL PROVIDE
COVERAGE TO THE LICENSED PROFESSIONAL FOR: MEDICAL, SURGICAL AND  HOSPI-
TAL  CARE,  WITH  A MINIMUM LIMIT OF FIFTY THOUSAND DOLLARS FOR INJURIES
SUSTAINED WHILE PARTICIPATING IN ANY PROGRAM OPERATED UNDER THE  CONTROL
OF SUCH LICENSED PROMOTER AND FOR A PAYMENT OF FIFTY THOUSAND DOLLARS TO
THE  ESTATE  OF  ANY  DECEASED ATHLETE WHERE SUCH DEATH IS OCCASIONED BY
INJURIES RECEIVED IN THIS STATE DURING THE COURSE OF A PROGRAM IN  WHICH
SUCH  LICENSED  PROFESSIONAL OR PROFESSIONAL WRESTLER PARTICIPATED UNDER
THE PROMOTION OR CONTROL OF ANY LICENSED PROMOTER; AND, MEDICAL,  SURGI-
CAL  AND  HOSPITAL  CARE WITH A MINIMUM LIMIT OF ONE MILLION DOLLARS FOR
THE TREATMENT OF A LIFE-THREATENING BRAIN INJURY SUSTAINED IN A  PROGRAM
OPERATED UNDER THE CONTROL OF SUCH LICENSED PROMOTER, WHERE AN IDENTIFI-
ABLE,  CAUSAL  LINK  EXISTS  BETWEEN THE PROFESSIONAL LICENSEE'S PARTIC-
IPATION IN SUCH PROGRAM AND THE  LIFE-THREATENING  BRAIN  INJURY.  WHERE
APPLICABLE,  PROFESSIONAL  LICENSEES  SHALL  BE  AFFORDED  THE OPTION TO
SUPPLEMENT THE PREMIUMS FOR THE ACCIDENT INSURANCE OR FINANCIAL  GUARAN-
TEE  TO INCREASE THE COVERAGE BEYOND THE MINIMUM LIMITS REQUIRED BY THIS
SUBDIVISION.  THE COMMISSION MAY FROM TIME  TO  TIME,  PROMULGATE  REGU-
LATIONS  TO  ADJUST  THE  AMOUNT  OF SUCH MINIMUM LIMITS. THE FAILURE TO
PROVIDE SUCH INSURANCE AS IS REQUIRED BY THIS SUBDIVISION SHALL BE CAUSE
FOR THE SUSPENSION OR THE REVOCATION OF THE LICENSE OF  SUCH  DEFAULTING
ENTITY.
  12. (A) EVERY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB HOLDING ANY
PROFESSIONAL  OR  AMATEUR  COMBATIVE  SPORT,  INCLUDING ANY PROFESSIONAL
WRESTLING MATCH OR EXHIBITION, FOR WHICH AN ADMISSION FEE IS CHARGED  OR
RECEIVED,  SHALL  NOTIFY  THE  ATHLETIC  COMMISSION AT LEAST TEN DAYS IN
ADVANCE OF THE HOLDING OF SUCH CONTEST. ALL TICKETS OF ADMISSION TO  ANY
SUCH  PROFESSIONAL  OR AMATEUR COMBATIVE SPORT OR PROFESSIONAL WRESTLING
MATCH OR EXHIBITION SHALL BE PROCURED FROM A PRINTER DULY AUTHORIZED  BY

S. 6408--B                         26

THE  STATE  ATHLETIC  COMMISSION  TO  PRINT  SUCH TICKETS AND SHALL BEAR
CLEARLY UPON THE FACE THEREOF THE PURCHASE PRICE AND LOCATION OF SAME.
  (B) PURSUANT TO DIRECTION BY THE COMMISSIONER OF TAXATION AND FINANCE,
EMPLOYEES  OR  OFFICERS  OF  THE  COMMISSION  SHALL ACT AS AGENTS OF THE
COMMISSIONER OF TAXATION AND FINANCE TO COLLECT THE TAX IMPOSED BY ARTI-
CLE NINETEEN OF THE TAX LAW. THE ATHLETIC COMMISSION SHALL  PROVIDE  THE
COMMISSIONER OF TAXATION AND FINANCE WITH SUCH INFORMATION AND TECHNICAL
ASSISTANCE  AS  MAY  BE  NECESSARY FOR THE PROPER ADMINISTRATION OF SUCH
TAX.
  S 1016. REQUIRED FILINGS. 1. THE ORGANIZATION THAT PROMOTES, SANCTIONS
OR OTHERWISE PARTICIPATES IN THE PROPOSITION, SELECTION, OR  ARRANGEMENT
OF ONE OR MORE PROFESSIONALS FOR A CONTEST MUST FILE WITH THE COMMISSION
A  WRITTEN  STATEMENT  EXECUTED UNDER PENALTY OF PERJURY STATING (A) ALL
CHARGES, EXPENSES, FEES, AND COSTS THAT WILL  BE  ASSESSED  AGAINST  ANY
PROFESSIONAL  PARTICIPATING  IN  THE  EVENT; (B) ALL PAYMENTS, BENEFITS,
COMPLIMENTARY BENEFITS AND FEES THE ORGANIZATION OR ENTITY WILL  RECEIVE
FOR  ITS  AFFILIATION  WITH THE EVENT; (C) THE NAME OF THE PROMOTER; (D)
SPONSOR OF THE EVENT; AND (E) ALL OTHER  SOURCES,  AND  SUCH  OTHER  AND
ADDITIONAL  INFORMATION  AS  REQUIRED  BY  THE  COMMISSION. SUCH WRITTEN
STATEMENT SHALL BE FILED IN A FORM AND MANNER ACCEPTABLE TO THE  COMMIS-
SION.
  2.  THE  PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT PARTICIPATES IN
THE PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE  PROFESSIONALS
FOR  A  CONTEST  MUST FILE WITH THE COMMISSION A WRITTEN STATEMENT UNDER
PENALTY OF PERJURY DETAILING ALL CHARGES, FEES, COSTS AND EXPENSES BY OR
THROUGH THE PROMOTER  ON  THE  PROFESSIONAL  PERTAINING  TO  THE  EVENT,
INCLUDING ANY PORTION OF THE PROFESSIONAL'S PURSE THAT THE PROMOTER WILL
RECEIVE  AND  TRAINING  EXPENSES AND ALL PAYMENTS, GIFTS OR BENEFITS THE
PROMOTER IS PROVIDING TO ANY SANCTIONING  ORGANIZATION  AFFILIATED  WITH
THE  EVENT.  SUCH  WRITTEN STATEMENT SHALL BE FILED IN A FORM AND MANNER
ACCEPTABLE TO THE COMMISSION.
  3. THE PROMOTER, ORGANIZER, PRODUCER OR ANOTHER THAT  PARTICIPATES  IN
THE  PROPOSITION, SELECTION, OR ARRANGEMENT OF ONE OR MORE PROFESSIONALS
FOR A CONTEST MUST FILE WITH THE COMMISSION A COPY OF ANY  AGREEMENT  IN
WRITING  TO  WHICH THE PROMOTER IS A PARTY WITH ANY PROFESSIONAL PARTIC-
IPATING IN THE MATCH.
  4. ALL CONTRACTS CALLING FOR THE SERVICES  OF  A  PROFESSIONAL  IN  AN
AUTHORIZED  PROFESSIONAL  COMBATIVE  SPORT  AND ENTERED INTO BY LICENSED
PROMOTERS, PROFESSIONALS OR MANAGERS AS ONE OR MORE OF  THE  PARTIES  IN
SUCH  CONTRACTS, INCLUDING THOSE CONTRACTS WHICH RELATE TO THE RIGHTS TO
DISTRIBUTE, TELEVISE OR OTHERWISE TRANSMIT ANY  AUTHORIZED  PROFESSIONAL
COMBATIVE  SPORT  OVER  THE AIRWAVES OR BY CABLE SHALL BE SUBJECT TO THE
APPROVAL OF THE COMMISSION AND COPIES THEREOF SHALL BE  FILED  WITH  THE
COMMISSION   BY   SUCH   CORPORATION,  PROFESSIONAL  OR  MANAGER  WITHIN
FORTY-EIGHT HOURS AFTER THE EXECUTION OF SUCH CONTRACT AND AT LEAST  TEN
BUSINESS  DAYS  PRIOR TO ANY BOUTS, OR THE FIRST OF ANY SERIES OF BOUTS,
TO WHICH THEY RELATE. THE COMMISSION MAY WAIVE SUCH FILING DEADLINE  FOR
GOOD CAUSE SHOWN.
  S 1017. PROFESSIONAL WRESTLING; PROMOTERS. 1. FOR THE PURPOSES OF THIS
ARTICLE,  "PROFESSIONAL  WRESTLING"  SHALL  MEAN  AN  ACTIVITY  IN WHICH
PARTICIPANTS STRUGGLE HAND-IN-HAND PRIMARILY FOR THE PURPOSE OF  PROVID-
ING  ENTERTAINMENT TO SPECTATORS AND WHICH DOES NOT COMPRISE A BONA FIDE
ATHLETIC CONTEST OR COMPETITION.
  2. EVERY PERSON, PARTNERSHIP OR  CORPORATION  PROMOTING  ONE  OR  MORE
PROFESSIONAL  WRESTLING  EXHIBITIONS  IN THIS STATE SHALL BE REQUIRED TO
OBTAIN FROM THE COMMISSION AN ANNUAL LICENSE TO CONDUCT SUCH EXHIBITIONS

S. 6408--B                         27

SUBJECT TO TERMS AND CONDITIONS PROMULGATED BY THE  COMMISSION  PURSUANT
TO  RULE  AND CONSISTENT WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE.
EACH APPLICANT SHALL PAY AN ANNUAL FEE  ESTABLISHED  BY  THE  COMMISSION
PURSUANT TO RULE.
  3.  A  LICENSED PROMOTER OF A PROFESSIONAL WRESTLING EXHIBITION IN THE
STATE SHALL NOTIFY THE ATHLETIC COMMISSION AT LEAST TEN DAYS IN  ADVANCE
OF  THE  HOLDING OF THE EXHIBITION. EACH SUCH PROMOTER SHALL EXECUTE AND
FILE WITH THE COMPTROLLER A BOND IN AN AMOUNT NOT LESS THAN TWENTY THOU-
SAND DOLLARS TO BE APPROVED AS TO FORM AND SUFFICIENCY OF SURETIES THER-
EON BY THE COMPTROLLER, CONDITIONED FOR AND GUARANTEEING THE PAYMENT  OF
PROFESSIONAL  WRESTLER'S  PURSES, SALARIES OF CLUB EMPLOYEES LICENSED BY
THE COMMISSION, THE LEGITIMATE EXPENSES  OF  PRINTING  TICKETS  AND  ALL
ADVERTISING  MATERIAL,  PAYMENTS  TO  SPONSORING  ORGANIZATIONS, AND THE
APPLICABLE STATE AND LOCAL SALES AND COMPENSATING USE TAX.
  4. A LICENSED PROMOTER OF A PROFESSIONAL  WRESTLING  EXHIBITION  SHALL
PROVIDE  FOR  A LICENSED PHYSICIAN TO BE PRESENT AT EACH EXHIBITION, AND
SUCH PHYSICIAN SHALL EXAMINE EACH WRESTLER PRIOR  TO  EACH  PERFORMANCE,
AND  EACH SUCH PRE-PERFORMANCE EXAMINATION SHALL BE CONDUCTED IN ACCORD-
ANCE WITH REGULATIONS PRESCRIBED BY THE COMMISSION.
  5. EVERY LICENSED PROMOTER OF PROFESSIONAL WRESTLING WHO PROMOTES  SIX
OR  MORE  EXHIBITIONS IN THE STATE IN A CALENDAR YEAR MUST HAVE IN PLACE
AN ANTI-DRUG PLAN AND FILE WITH THE COMMISSION A  WRITTEN  COPY  OF  THE
PLAN.  EACH  SUCH  PLAN  SHALL ADDRESS THE USE OF A CONTROLLED SUBSTANCE
DEFINED IN ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW, AND SUCH  PLAN
SHALL AT MINIMUM PROVIDE FOR THE FOLLOWING:
  (A)  DISSEMINATION  OF EDUCATIONAL MATERIALS TO PROFESSIONAL WRESTLERS
WHO PERFORM FOR ANY SUCH PROMOTER INCLUDING A LIST OF  PROHIBITED  DRUGS
AND AVAILABLE REHABILITATION SERVICES; AND
  (B)  A  REFERRAL PROCEDURE TO PERMIT ANY SUCH PROFESSIONAL WRESTLER TO
OBTAIN REHABILITATION SERVICES.
  S 1018. PROHIBITED CONDUCT. 1. NO CORPORATION OR  PERSON  SHALL  HAVE,
EITHER  DIRECTLY OR INDIRECTLY, ANY FINANCIAL INTEREST IN A PROFESSIONAL
BOXER COMPETING ON PREMISES  OWNED  OR  LEASED  BY  THE  CORPORATION  OR
PERSON,  OR  IN WHICH SUCH CORPORATION OR PERSON IS OTHERWISE INTERESTED
EXCEPT PURSUANT TO THE SPECIFIC WRITTEN AUTHORIZATION OF THE COMMISSION.
  2. NO CONTESTANT IN A BOXING OR SPARRING MATCH OR EXHIBITION SHALL  BE
PAID FOR SERVICES BEFORE THE CONTEST, AND SHOULD IT BE DETERMINED BY THE
COMMISSION THAT SUCH CONTESTANT DID NOT GIVE AN HONEST EXHIBITION OF HIS
OR HER SKILL, SUCH SERVICES SHALL NOT BE PAID FOR.
  3. ANY PERSON, INCLUDING ANY CORPORATION AND THE OFFICERS THEREOF, ANY
PHYSICIAN, REFEREE, JUDGE, TIMEKEEPER, PROFESSIONAL, MANAGER, TRAINER OR
SECOND,  WHO  SHALL PROMOTE, CONDUCT, GIVE OR PARTICIPATE IN ANY SHAM OR
COLLUSIVE AUTHORIZED PROFESSIONAL COMBATIVE SPORTS, SHALL BE DEPRIVED OF
HIS OR HER LICENSE BY THE COMMISSION AND  ANY  OTHER  APPROPRIATE  LEGAL
REMEDIES.
  4.  NO  LICENSED  PROMOTER  OR  MATCHMAKER SHALL KNOWINGLY ENGAGE IN A
COURSE OF CONDUCT IN WHICH FIGHTS ARE ARRANGED  WHERE  ONE  PROFESSIONAL
HAS  SKILLS  OR  EXPERIENCE SIGNIFICANTLY IN EXCESS OF THE OTHER PROFES-
SIONAL SO THAT A MISMATCH RESULTS WITH THE POTENTIAL OF PHYSICAL HARM TO
THE PROFESSIONAL.
  S 1019. PENALTIES. 1. A PERSON WHO KNOWINGLY ADVANCES OR PROFITS  FROM
A  PROHIBITED  COMBATIVE SPORT SHALL BE GUILTY OF A CLASS A MISDEMEANOR,
AND SHALL BE GUILTY OF A CLASS E FELONY IF HE OR SHE HAS BEEN  CONVICTED
IN THE PREVIOUS FIVE YEARS OF VIOLATING THIS SUBDIVISION.
  2.  ANY  PERSON  WHO  KNOWINGLY  ADVANCES OR PROFITS FROM A PROHIBITED
COMBATIVE SPORT SHALL ALSO BE SUBJECT TO A CIVIL PENALTY NOT  TO  EXCEED

S. 6408--B                         28

FOR THE FIRST VIOLATION TEN THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN
DERIVED  THEREFROM  WHICHEVER  IS GREATER, OR FOR A SUBSEQUENT VIOLATION
TWENTY-FIVE THOUSAND DOLLARS OR TWICE THE AMOUNT OF GAIN DERIVED  THERE-
FROM  WHICHEVER  IS GREATER. THE ATTORNEY GENERAL IS HEREBY EMPOWERED TO
COMMENCE JUDICIAL PROCEEDINGS TO RECOVER SUCH PENALTIES  AND  TO  OBTAIN
INJUNCTIVE RELIEF TO ENFORCE THE PROVISIONS OF THIS SECTION.
  3.  ANY  PERSON OR CORPORATION WHO DIRECTLY OR INDIRECTLY CONDUCTS ANY
COMBATIVE SPORT WITHOUT FIRST HAVING PROCURED AN APPROPRIATE LICENSE, OR
HAVING BEEN DESIGNATED AN AUTHORIZED SANCTIONING ENTITY AS PRESCRIBED IN
THIS ARTICLE SHALL BE GUILTY OF A MISDEMEANOR. ANY  PERSON  WHO  PARTIC-
IPATES  IN A COMBATIVE SPORT AS A REFEREE, JUDGE, MATCH-MAKER, TIMEKEEP-
ER, PROFESSIONAL, MANAGER,  TRAINER,  OR  SECOND  WITHOUT  FIRST  HAVING
PROCURED  AN APPROPRIATE LICENSE AS PRESCRIBED IN THIS ARTICLE, OR WHERE
SUCH COMBATIVE SPORT IS PROHIBITED UNDER THIS ARTICLE SHALL BE GUILTY OF
A MISDEMEANOR. ANY PERSON, PARTNERSHIP OR  CORPORATION  WHO  PROMOTES  A
PROFESSIONAL  WRESTLING  MATCH  OR EXHIBITION IN THE STATE WITHOUT FIRST
HAVING PROCURED AN APPROPRIATE LICENSE IN ACCORDANCE  WITH  SECTION  ONE
THOUSAND SEVENTEEN OF THIS ARTICLE, SHALL BE GUILTY OF A MISDEMEANOR.
  4.  ANY CORPORATION, ENTITY, PERSON OR PERSONS, LICENSED, PERMITTED OR
OTHERWISE AUTHORIZED UNDER THE PROVISIONS OF THIS  ARTICLE,  THAT  SHALL
KNOWINGLY  VIOLATE  ANY RULE OR ORDER OF THE COMMISSION OR ANY PROVISION
OF THIS ARTICLE, IN ADDITION TO ANY OTHER  PENALTY  BY  LAW  PRESCRIBED,
SHALL  BE  LIABLE  TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS
FOR THE FIRST OFFENSE AND NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS FOR
THE SECOND AND EACH SUBSEQUENT OFFENSE, TO BE IMPOSED BY THE COMMISSION,
TO BE SUED FOR BY THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF  THE
STATE  OF  NEW  YORK  IF DIRECTED BY THE COMMISSION. THE COMMISSION, FOR
CAUSE SHOWN, MAY EXTEND THE TIME FOR THE PAYMENT OF SUCH PENALTY AND, BY
COMPROMISE, MAY ACCEPT LESS THAN THE AMOUNT OF SUCH PENALTY  AS  IMPOSED
IN  SETTLEMENT  THEREOF.  FOR  THE PURPOSES OF THIS SECTION, EACH TRANS-
ACTION OR STATUTORY  VIOLATION  SHALL  CONSTITUTE  A  SEPARATE  OFFENSE,
EXCEPT  THAT A SECOND OR SUBSEQUENT OFFENSE SHALL NOT BE DEEMED TO EXIST
UNLESS A DECISION HAS BEEN RENDERED IN A PRIOR, SEPARATE AND INDEPENDENT
PROCEEDING.
  5. ON THE FIRST INFRACTION OF RULES OR REGULATIONS PROMULGATED  PURSU-
ANT  TO  SUBDIVISION  TWO  OF SECTION ONE THOUSAND NINE OF THIS ARTICLE,
WHICH INFRACTION MAY INCLUDE MORE THAN  ONE  INDIVIDUAL  VIOLATION,  THE
COMMISSION  MAY  IMPOSE  A CIVIL FINE OF UP TO TWO HUNDRED FIFTY DOLLARS
FOR EACH HEALTH AND SAFETY VIOLATION AND MAY SUSPEND THE TRAINING FACIL-
ITY'S LICENSE UNTIL THE VIOLATION OR VIOLATIONS ARE CORRECTED.   ON  THE
SECOND  SUCH INFRACTION, THE COMMISSION MAY IMPOSE A CIVIL FINE OF UP TO
FIVE HUNDRED DOLLARS FOR  EACH  HEALTH  AND  SAFETY  VIOLATION  AND  MAY
SUSPEND   THE   TRAINING  FACILITY'S  LICENSE  UNTIL  THE  VIOLATION  OR
VIOLATIONS ARE CORRECTED. ON THE THIRD SUCH INFRACTION OR FOR SUBSEQUENT
INFRACTIONS, THE COMMISSION MAY IMPOSE A  CIVIL  FINE  OF  UP  TO  SEVEN
HUNDRED  FIFTY  DOLLARS  FOR  EACH  HEALTH  AND SAFETY VIOLATION AND MAY
REVOKE THE TRAINING FACILITY'S LICENSE.
  6. ANY INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB FAILING  TO  FULLY
COMPLY  WITH PARAGRAPH (A) OF SUBDIVISION TWELVE OF SECTION ONE THOUSAND
FIFTEEN OF THIS ARTICLE SHALL BE SUBJECT TO A PENALTY  OF  FIVE  HUNDRED
DOLLARS  TO  BE  COLLECTED  BY AND PAID TO THE DEPARTMENT OF STATE.  ANY
INDIVIDUAL, CORPORATION, ASSOCIATION OR CLUB IS PROHIBITED FROM  OPERAT-
ING  ANY  SHOWS  OR EXHIBITIONS UNTIL ALL PENALTIES DUE PURSUANT TO THIS
SECTION AND TAXES, INTEREST AND PENALTIES DUE PURSUANT TO ARTICLE  NINE-
TEEN OF THE TAX LAW HAVE BEEN PAID.

S. 6408--B                         29

  7.  ALL  PENALTIES  IMPOSED  AND  COLLECTED BY THE COMMISSION FROM ANY
CORPORATION, ENTITY, PERSON OR PERSONS LICENSED UNDER THE PROVISIONS  OF
THIS  ARTICLE, WHICH FINES AND PENALTIES ARE IMPOSED AND COLLECTED UNDER
AUTHORITY HEREBY VESTED SHALL WITHIN THIRTY DAYS AFTER THE RECEIPT THER-
EOF BY THE COMMISSION BE PAID BY THEM INTO THE STATE TREASURY.
  S  1020.  SUBPOENAS  BY  COMMISSION;  OATHS. THE COMMISSION SHALL HAVE
AUTHORITY TO ISSUE, UNDER THE HAND OF ITS CHAIRPERSON, AND THE  SEAL  OF
THE  COMMISSION,  SUBPOENAS  FOR  THE ATTENDANCE OF WITNESSES BEFORE THE
COMMISSION. A SUBPOENA ISSUED UNDER THIS SECTION SHALL BE  REGULATED  BY
THE CIVIL PRACTICE LAW AND RULES.
  S  1021. EXCEPTIONS. THE PROVISIONS OF THIS ARTICLE EXCEPT AS PROVIDED
IN SUBDIVISION TWELVE OF SECTION ONE THOUSAND FIFTEEN  OF  THIS  ARTICLE
SHALL  NOT  BE  CONSTRUED  TO APPLY TO ANY SPARRING OR BOXING CONTEST OR
EXHIBITION CONDUCTED UNDER THE SUPERVISION OR THE  CONTROL  OF  THE  NEW
YORK  STATE NATIONAL GUARD OR NAVAL MILITIA WHERE ALL OF THE CONTESTANTS
ARE MEMBERS OF THE ACTIVE MILITIA; NOR TO ANY SUCH CONTEST OR EXHIBITION
WHERE THE CONTESTANTS ARE ALL  AMATEURS,  SPONSORED  BY  AND  UNDER  THE
SUPERVISION  OF  ANY UNIVERSITY, COLLEGE, SCHOOL OR OTHER INSTITUTION OF
LEARNING, RECOGNIZED BY THE REGENTS OF THE STATE OF NEW YORK; NOR TO ANY
BUSINESS ENTITY INCORPORATED FOR THE PURPOSES OF  PROVIDING  INSTRUCTION
AND  EVALUATION  IN  A  COMBATIVE SPORT TO CUSTOMERS FOR THE PURPOSES OF
HEALTH AND FITNESS, PERSONAL DEVELOPMENT, SELF-DEFENSE OR  PARTICIPATION
IN  AMATEUR EVENTS CONDUCTED BY AN AUTHORIZED SANCTIONING ENTITY; NOR TO
ANY SUCH CONTEST OR EXHIBITIONS WHERE THE CONTESTANTS ARE  ALL  AMATEURS
SPONSORED  BY  AND UNDER THE SUPERVISION OF THE AMERICAN OLYMPIC ASSOCI-
ATION OR, IN THE CASE OF BOXING, THE U.S.  AMATEUR BOXING FEDERATION  OR
ITS  LOCAL AFFILIATES OR THE AMERICAN OLYMPIC ASSOCIATION; NOR EXCEPT AS
TO THE EXTENT PROVIDED OTHERWISE IN THIS ARTICLE,  TO  ANY  PROFESSIONAL
WRESTLING CONTEST OR EXHIBITION AS DEFINED IN THIS ARTICLE. ANY INDIVID-
UAL, ASSOCIATION, CORPORATION OR CLUB, EXCEPT ELEMENTARY OR HIGH SCHOOLS
OR  EQUIVALENT INSTITUTIONS OF LEARNING RECOGNIZED BY THE REGENTS OF THE
STATE OF NEW YORK, WHO OR WHICH CONDUCTS AN AMATEUR CONTEST PURSUANT  TO
THIS  SECTION  MUST REGISTER WITH THE U. S. AMATEUR BOXING FEDERATION OR
ITS LOCAL AFFILIATES AND ABIDE BY ITS RULES AND REGULATIONS.
  S 1022. DISPOSITION OF RECEIPTS. ALL RECEIPTS OF THE COMMISSION  SHALL
BE  PAID  INTO THE STATE TREASURY, PROVIDED, HOWEVER, THAT RECEIPTS FROM
THE TAX IMPOSED BY ARTICLE NINETEEN OF THE TAX LAW SHALL BE DEPOSITED AS
PROVIDED BY SECTION ONE HUNDRED SEVENTY-ONE-A OF THE TAX LAW.
  S 3. Subdivision 1 of section 451  of  the  tax  law,  as  amended  by
section  1  of  part F of chapter 407 of the laws of 1999, is amended to
read as follows:
  1. "Gross receipts from ticket  sales"  shall  mean  the  total  gross
receipts  of  every person from the sale of tickets to any [professional
or amateur boxing, sparring or wrestling match or exhibition] AUTHORIZED
COMBATIVE SPORT held in this state, and without any deduction whatsoever
for commissions, brokerage, distribution fees, advertising or any  other
expenses, charges and recoupments in respect thereto.
  S 4. Section 451 of the tax law is amended by adding a new subdivision
4 to read as follows:
  4. "AUTHORIZED COMBATIVE SPORT" SHALL MEAN ANY COMBATIVE SPORT AUTHOR-
IZED PURSUANT TO SECTION ONE THOUSAND ONE OF THE GENERAL BUSINESS LAW.
  S  5. Section 452 of the tax law, as amended by section 2 of part F of
chapter 407 of the laws of 1999, is amended to read as follows:
  S 452. Imposition of tax. 1. On  and  after  October  first,  nineteen
hundred  ninety-nine, a tax is hereby imposed and shall be paid upon the
gross receipts of every  person  holding  any  professional  or  amateur

S. 6408--B                         30

boxing,  sparring  or  wrestling match or exhibition in this state. Such
tax shall be imposed on such gross receipts, exclusive  of  any  federal
taxes, as follows:
  (a)  three percent of gross receipts from ticket sales, except that in
no event shall the tax imposed by this  [subdivision]  PARAGRAPH  exceed
fifty thousand dollars for any match or exhibition;
  (b)  three  percent of gross receipts from broadcasting rights, except
that in no event shall the tax imposed by this  [subdivision]  PARAGRAPH
exceed fifty thousand dollars for any match or exhibition.
  2. ON AND AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, A TAX IS HERE-
BY  IMPOSED  AND  SHALL  BE PAID UPON THE GROSS RECEIPTS OF EVERY PERSON
HOLDING ANY AUTHORIZED COMBATIVE SPORT IN THIS  STATE,  OTHER  THAN  ANY
PROFESSIONAL  OR  AMATEUR  BOXING,  SPARRING  OR WRESTLING EXHIBITION OR
MATCH, EXCLUSIVE OF ANY FEDERAL TAXES AS FOLLOWS:
  (A) EIGHT AND ONE-HALF PERCENT OF GROSS RECEIPTS  FROM  TICKET  SALES;
AND
  (B)  THREE  PERCENT OF THE SUM OF (I) GROSS RECEIPTS FROM BROADCASTING
RIGHTS, AND (II) GROSS RECEIPTS FROM DIGITAL STREAMING OVER  THE  INTER-
NET,  EXCEPT  THAT  IN  NO EVENT SHALL SUCH TAX IMPOSED PURSUANT TO THIS
PARAGRAPH EXCEED FIFTY THOUSAND DOLLARS FOR ANY MATCH OR EXHIBITION.
  S 6.  The article heading of article 19 of the tax law,  as  added  by
chapter 833 of the laws of 1987, is amended to read as follows:
         [BOXING AND WRESTLING EXHIBITIONS] AUTHORIZED COMBATIVE
                               SPORTS TAX
  S 7. Paragraph 1 of subdivision (f) of section 1105 of the tax law, as
amended  by section 100 of part A of chapter 389 of the laws of 1997, is
amended to read as follows:
  (1) Any admission charge where such admission charge is in  excess  of
ten  cents  to  or  for  the use of any place of amusement in the state,
except charges for admission to race tracks[, boxing, sparring or  wres-
tling  matches  or  exhibitions]  OR  AUTHORIZED  COMBATIVE SPORTS which
charges are taxed under any other law of  this  state,  or  dramatic  or
musical  arts  performances,  or  live  circus  performances,  or motion
picture theaters, and except charges to a patron for  admission  to,  or
use of, facilities for sporting activities in which such patron is to be
a participant, such as bowling alleys and swimming pools. For any person
having  the permanent use or possession of a box or seat or a lease or a
license, other than a season ticket, for the use of a box or seat  at  a
place of amusement, the tax shall be upon the amount for which a similar
box  or seat is sold for each performance or exhibition at which the box
or seat is used or reserved by the holder, licensee or lessee, and shall
be paid by the holder, licensee or lessee.
  S 8.  The section heading of section 1820 of the tax law,  as  amended
by  section  32  of  subpart  I of part V-1 of chapter 57 of the laws of
2009, is amended to read as follows:
  [Boxing and wrestling exhibitions] AUTHORIZED COMBATIVE SPORTS tax.
  S 9.  Paragraph (b) of subdivision 6-c of section 106 of the alcoholic
beverage control law, as added by chapter 254 of the laws  of  2001,  is
amended to read as follows:
  (b)  The  prohibition  contained in paragraph (a) of this subdivision,
however, shall not be applied to any [professional match  or  exhibition
which consists of boxing, sparring, wrestling, or martial arts and which
is  excepted from the definition of the term "combative sport" contained
in subdivision one of section five-a of chapter nine hundred  twelve  of
the laws of nineteen hundred twenty, as added by chapter fourteen of the
laws of nineteen hundred ninety-seven] AUTHORIZED COMBATIVE SPORT.

S. 6408--B                         31

  S  10.  The  department  of  state,  with  the assistance of the state
athletic commission, medical advisory board, departments of  health  and
financial  services,  state  insurance fund, division of budget and such
other state entities as appropriate, shall carefully consider  potential
mechanisms  to  provide  financial resources for the payment of expenses
related to medical and rehabilitative care  for  professionals  licensed
under  article  forty-one  of  the  general  business law who experience
debilitating brain injuries associated  with  repetitive  head  injuries
sustained  through  their participation in combative sports. The depart-
ment of state may consult and contract with third parties  for  services
in  the  course of this review. The department of state shall report its
findings and recommendations to the governor, temporary president of the
senate and speaker of the assembly within eighteen months of the  effec-
tive  date of this section.  In addition to the foregoing, within twelve
months of the effective date of this section, the state athletic commis-
sion shall make any recommendations to the governor, temporary president
of the senate and speaker of the assembly regarding legislative  changes
which  may  be  necessary  to  effectuate the purpose and intent of this
chapter, including, but not limited to, appropriate adjustments  to  the
insurance requirements contained therein.
  S  11.  This act shall take effect on the first day of the first month
next succeeding the one hundred twentieth day after it shall have become
a law and shall apply to gross receipts from combative sports held on or
after that date; provided, however, that the addition, amendment  and/or
repeal of any rule or regulation of the state athletic commission neces-
sary for the implementation of this act on its effective date is author-
ized to be made on or before such effective date.

                                 PART P

                          Intentionally Omitted

                                 PART Q

                          Intentionally Omitted

                                 PART R

  Section  1.  Short  title. This act shall be known and may be cited as
the "private activity bond allocation act of 2016".
  S 2.   Legislative findings and declaration.  The  legislature  hereby
finds and declares that the federal tax reform act of 1986 established a
statewide  bond  volume  ceiling  on  the issuance of certain tax exempt
private activity bonds  and  notes  and,  under  certain  circumstances,
governmental  use  bonds  and  notes  issued by the state and its public
authorities, local governments, agencies which issue on behalf of  local
governments,  and  certain  other  issuers.  The  federal tax reform act
establishes a formula for the allocation  of  the  bond  volume  ceiling
which  was  subject to temporary modification by gubernatorial executive
order until December 31, 1987. That act also permits state  legislatures
to  establish,  by  statute,  an  alternative formula for allocating the
volume ceiling.  Bonds and notes subject to the volume  ceiling  require
an allocation from the state's annual volume ceiling in order to qualify
for federal tax exemption.
  It  is  hereby  declared to be the policy of the state to maximize the
public benefit through the issuance of private activity  bonds  for  the

S. 6408--B                         32

purposes  of,  among  other  things, allocating a fair share of the bond
volume ceiling upon initial allocation and from a bond reserve to  local
agencies  and for needs identified by local governments; providing hous-
ing  and  promoting  economic  development;  job creation; an economical
energy supply; and resource recovery and to provide for an  orderly  and
efficient volume ceiling allocation process for state and local agencies
by establishing an alternative formula for making such allocations.
  S  3.  Definitions.  As  used in this act, unless the context requires
otherwise:
  1. "Bonds" means bonds, notes or other obligations.
  2. "Carryforward" means an amount  of  unused  private  activity  bond
ceiling  available  to  an issuer pursuant to an election filed with the
internal revenue service pursuant to section 146(f) of the code.
  3. "Code" means the internal revenue code of 1986, as amended.
  4. "Commissioner" means the commissioner of the New York state depart-
ment of economic development.
  5. "Covered bonds" means those tax exempt private activity  bonds  and
that portion of the non-qualified amount of an issue of governmental use
bonds  for  which an allocation of the statewide ceiling is required for
the interest earned by holders of such bonds to  be  excluded  from  the
gross  income  of such holders for federal income tax purposes under the
code.
  6. "Director" means the director of the New York state division of the
budget.
  7. "Issuer" means a local agency, state agency or other issuer.
  8. "Local agency" means an industrial development  agency  established
or  operating pursuant to article 18-A of the general municipal law, the
Troy industrial development authority and the Auburn industrial develop-
ment authority.
  9. "Other issuer" means any agency,  political  subdivision  or  other
entity, other than a local agency or state agency, that is authorized to
issue covered bonds.
  10.  "Qualified  small issue bonds" means qualified small issue bonds,
as defined in section 144(a) of the code.
  11. "State agency" means the state of New York,  the  New  York  state
energy  research and development authority, the New York job development
authority, the New York state environmental facilities corporation,  the
New  York  state urban development corporation and its subsidiaries, the
Battery Park city authority, the port authority  of  New  York  and  New
Jersey,  the  power  authority  of  the state of New York, the dormitory
authority of the state of New York, the New York state  housing  finance
agency,  the  state  of  New  York mortgage agency, and any other public
benefit corporation or public authority designated by the  governor  for
the purposes of this act.
  12.  "Statewide ceiling" means for any calendar year the highest state
ceiling (as such term is used in section 146 of the code) applicable  to
New York state.
  13. "Future allocations" means allocations of statewide ceiling for up
to two future years.
  14. "Multi-year housing development project" means a project (a) which
qualifies for covered bonds;
  (b) which is to be constructed over two or more years; and
  (c)  in  which  at  least twenty percent of the dwelling units will be
occupied by persons and families of low income.
  S 4. Local agency set-aside. A  set-aside  of  statewide  ceiling  for
local  agencies for any calendar year shall be an amount which bears the

S. 6408--B                         33

same ratio to one-third of the statewide ceiling as  the  population  of
the  jurisdiction  of  such  local agency bears to the population of the
entire state. The commissioner  shall  administer  allocations  of  such
set-aside to local agencies.
  S  5. State agency set-aside. A set-aside of statewide ceiling for all
state agencies for any calendar year shall be one-third of the statewide
ceiling. The director shall administer allocations of such set-aside  to
state  agencies  and  may  grant  an allocation to any state agency upon
receipt of an application in such form as the director shall require.
  S 6. Statewide bond reserve. One-third of  the  statewide  ceiling  is
hereby  set  aside as a statewide bond reserve to be administered by the
director.  1. Allocation of the statewide bond reserve among state agen-
cies, local agencies and other issuers. The director  shall  transfer  a
portion of the statewide bond reserve to the commissioner for allocation
to  and  use  by local agencies and other issuers in accordance with the
terms of this section. The remainder of the statewide bond  reserve  may
be  allocated  by  the director to state agencies in accordance with the
terms of this section.
  2. Allocation of statewide bond reserve to  local  agencies  or  other
issuers.  (a)  Local  agencies or other issuers may at any time apply to
the commissioner for an allocation from the statewide bond reserve. Such
application shall demonstrate:
  (i) that the requested allocation is required under the code  for  the
interest  earned  on  the  bonds to be excluded from the gross income of
bondholders for federal income tax purposes;
  (ii) that the local  agency's  remaining  unused  allocation  provided
pursuant  to  section  four  of  this  act, and other issuer's remaining
unused allocation, or any available carryforward  will  be  insufficient
for the specific project or projects for which the reserve allocation is
requested; and
  (iii)  that,  except  for  those  allocations made pursuant to section
twelve of this act to enable carryforward elections, the requested allo-
cation is reasonably expected to be used during the calendar  year,  and
the requested future allocation is reasonably expected to be used in the
calendar year to which the future allocation relates.
  (b)  In  reviewing  and  approving  or  disapproving applications, the
commissioner shall exercise discretion to ensure an  equitable  distrib-
ution  of  allocations from the statewide bond reserve to local agencies
and other issuers. Prior to making a determination on such applications,
the commissioner shall notify and seek the recommendation of the  presi-
dent  and  chief executive officer of the New York state housing finance
agency in the case of an application related to the issuance  of  multi-
family  housing  or  mortgage  revenue  bonds,  and in the case of other
requests, such state officers, departments, divisions  and  agencies  as
the commissioner deems appropriate.
  (c)  Applications  for  allocations  shall  be  made  in such form and
contain such information and reports as the commissioner shall require.
  (d) On or before September fifteenth of each  year,  the  commissioner
shall  publish  the total amount of local agency set-aside that has been
recaptured pursuant to section twelve of this act for that year  on  the
department of economic development's website.
  3.  Allocation of statewide bond reserve to state agencies. The direc-
tor may make an allocation from the statewide bond reserve to any  state
agency.  Before making any allocation of statewide bond reserve to state
agencies the director shall be satisfied: (a)  that  the  allocation  is
required  under  the  code  for  the  interest earned on the bonds to be

S. 6408--B                         34

excluded from the gross income of bondholders  for  federal  income  tax
purposes;
  (b)  that  the  state  agency's  remaining  unused allocation provided
pursuant to section five of this act or any available carryforward  will
be  insufficient  to  accommodate  the specific bond issue or issues for
which the reserve allocation is requested; and
  (c) that, except for those allocations made pursuant to section twelve
of this act to enable carryforward elections, the  requested  allocation
is  reasonably  expected  to  be  used during the calendar year, and the
requested future allocation is reasonably expected to  be  used  in  the
calendar year to which the future allocation relates.
  S  7. Access to employment opportunities. 1. All issuers shall require
that any new employment opportunities created  in  connection  with  the
industrial  or  manufacturing  projects financed through the issuance of
qualified small issue bonds shall be listed  with  the  New  York  state
department  of  labor  and  with  the one-stop career center established
pursuant to the federal workforce investment act (Pub. L.  No.  105-220)
serving  the  locality  in  which the employment opportunities are being
created. Such listing shall be in a manner and form  prescribed  by  the
commissioner. All issuers shall further require that for any new employ-
ment  opportunities created in connection with an industrial or manufac-
turing project financed through the issuance of  qualified  small  issue
bonds  by  such  issuer,  industrial  or manufacturing firms shall first
consider persons eligible to participate  in  workforce  investment  act
(Pub.  L.  No. 105-220) programs who shall be referred to the industrial
or manufacturing firm by one-stop centers in local workforce  investment
areas  or  by  the department of labor. Issuers of qualified small issue
bonds are required to monitor compliance with  the  provisions  of  this
section as prescribed by the commissioner.
  2.  Nothing  in  this  section  shall be construed to require users of
qualified small issue bonds to violate any existing collective  bargain-
ing  agreement  with  respect to the hiring of new employees. Failure on
the part of any user of qualified small issue bonds to comply  with  the
requirements  of this section shall not affect the allocation of bonding
authority to the issuer of the bonds  or  the  validity  or  tax  exempt
status of such bonds.
  S  8. Overlapping jurisdictions. In a geographic area represented by a
county local agency and one or more sub-county local agencies, the allo-
cation granted by section four of this act with respect to such area  of
overlapping  jurisdiction  shall  be  apportioned one-half to the county
local agency and one-half to the sub-county local  agency  or  agencies.
Where  there  is  a local agency for the benefit of a village within the
geographic area of a town for the benefit of  which  there  is  a  local
agency, the allocation of the village local agency shall be based on the
population  of the geographic area of the village, and the allocation of
the town local  agency  shall  be  based  upon  the  population  of  the
geographic area of the town outside of the village.  Notwithstanding the
foregoing,  a  local  agency may surrender all or part of its allocation
for such calendar year to  another  local  agency  with  an  overlapping
jurisdiction.  Such  surrender  shall  be  made at such time and in such
manner as the  commissioner shall prescribe.
  S 9. Ineligible local agencies. To the extent that any  allocation  of
the  local  agency set-aside would be made by this act to a local agency
which is ineligible to receive such allocation under the code  or  under
regulations  interpreting  the  state  volume  ceiling provisions of the

S. 6408--B                         35

code, such allocation shall instead be made to the political subdivision
for whose benefit that local agency was created.
  S 10. Municipal reallocation. The chief executive officer of any poli-
tical  subdivision or, if such political subdivision has no chief execu-
tive officer, the governing board of the political subdivision  for  the
benefit  of  which a local agency has been established, may withdraw all
or any portion of the allocation granted by section four of this act  to
such  local agency. The political subdivision may then reallocate all or
any portion of such allocation, as well as all or  any  portion  of  the
allocation  received  pursuant to section nine of this act, to itself or
any other issuer established for the benefit of that political  subdivi-
sion  or may assign all or any portion of the allocation received pursu-
ant to section nine of this act to the  local  agency  created  for  its
benefit. The chief executive officer or governing board of the political
subdivision,  as  the  case may be, shall notify the commissioner before
any such reallocation.
  S 11. Future allocations for multi-year housing development  projects.
1.  In addition to other powers granted under this act, the commissioner
is authorized to make the  following  future  allocations  of  statewide
ceiling  for  any  multi-year  housing development project for which the
commissioner also makes an  allocation  of  statewide  ceiling  for  the
current  year under this act or for which, in the event of expiration of
provisions of this act described in section eighteen  of  this  act,  an
allocation  of volume cap for a calendar year subsequent to such expira-
tion shall have been made under section 146 of the code:   (a) to  local
agencies  from the local agency set-aside (but only with the approval of
the chief executive officer of the political subdivision  to  which  the
local  agency  set-aside  relates  or  the governing body of a political
subdivision having no chief executive officer) and
  (b) to other issuers from that portion, if any, of the statewide  bond
reserve  transferred  to  the  commissioner  by the director. Any future
allocation made by the commissioner shall constitute  an  allocation  of
statewide  ceiling for the future year specified by the commissioner and
shall be deemed to have been made on the first day of the future year so
specified.
  2. In addition to other powers granted under this act, the director is
authorized to make future allocations  of  statewide  ceiling  from  the
state agency set-aside or from the statewide bond reserve to state agen-
cies for any multi-year housing development project for which the direc-
tor  also makes an allocation of statewide ceiling from the current year
under this act, and is authorized to make  transfers  of  the  statewide
bond reserve to the commissioner for future allocations to other issuers
for  multi-year  housing development projects for which the commissioner
has made an allocation of statewide ceiling for the  current  year.  Any
such  future  allocation  or  transfer of the statewide bond reserve for
future allocation made by the director shall constitute an allocation of
statewide ceiling or transfer of the  statewide  bond  reserve  for  the
future  years specified by the director and shall be deemed to have been
made on the first day of the future year so specified.
  3. (a) If an allocation made with  respect  to  a  multi-year  housing
development  project  is  not used by September fifteenth of the year to
which the allocation relates, the allocation with respect  to  the  then
current  year  shall  be  subject  to  recapture  in accordance with the
provisions of section twelve of this act, and in the  event  of  such  a
recapture,  unless  a carryforward election by another issuer shall have
been approved by the commissioner or a carryforward election by a  state

S. 6408--B                         36

agency  shall have been approved by the director, all future allocations
made with respect to such project pursuant to subdivision one or two  of
this section shall be canceled.
  (b) The commissioner and the director shall have the authority to make
future allocations from recaptured current year allocations and canceled
future  allocations  to  multi-year  housing  development  projects in a
manner consistent with the provisions of this act.
  (c) The commissioner  and  the  director  shall  establish  procedures
consistent  with  the provisions of this act relating to carryforward of
future allocations.
  4. The aggregate future allocations from either of the two  succeeding
years  shall  not exceed six hundred fifty million dollars for each such
year.
  S 12. Year end allocation recapture. On or before September  first  of
each year, each state agency shall report to the director and each local
agency and each other issuer shall report to the commissioner the amount
of  bonds subject to allocation under this act that will be issued prior
to the end of the then current calendar year,  and  the  amount  of  the
issuer's  then total allocation that will remain unused. As of September
fifteenth of each year, the unused portion of each  local  agency's  and
other  issuer's  then  total  allocation as reported and the unallocated
portion of the set-aside for state  agencies  shall  be  recaptured  and
added  to the statewide bond reserve and shall no longer be available to
covered bond issuers except as otherwise provided herein. From September
fifteenth through the end of the year, each local agency or other issuer
having an allocation shall immediately report to  the  commissioner  and
each  state  agency having an allocation shall immediately report to the
director any changes to the status of its allocation or  the  status  of
projects  for  which  allocations have been made which should affect the
timing or likelihood of the issuance of covered bonds therefor.  If  the
commissioner  determines that a local agency or other issuer has overes-
timated the amount of covered bonds subject to allocation that  will  be
issued  prior  to  the  end  of  the calendar year, the commissioner may
recapture the amount of the allocation to such  local  agency  or  other
issuer  represented by such overestimation by notice to the local agency
or other issuer, and add such allocation to the statewide bond  reserve.
The  director  may  likewise  make such determination and recapture with
respect to state agency allocations.
  S 13. Allocation carryforward. 1. No  local  agency  or  other  issuer
shall  make  a  carryforward  election  utilizing  any unused allocation
(pursuant to section 146(f) of the code) without the prior  approval  of
the  commissioner.  Likewise  no state agency shall make or file such an
election, or elect to issue  or  carryforward  mortgage  credit  certif-
icates, without the prior approval of the director.
  2.  On  or  before  November fifteenth of each year, each state agency
seeking unused statewide ceiling for use in future years  shall  make  a
request  for  an  allocation  for  a carryforward to the director, whose
approval shall be required before a carryforward election is filed by or
on behalf of any state agency. A later request may also be considered by
the director, who may file a carryforward election for any state  agency
with the consent of such agency.
  3.  On or before November fifteenth of each year, each local agency or
other issuer seeking unused statewide ceiling for use  in  future  years
shall make a request for an allocation for a carryforward to the commis-
sioner,  whose approval shall be required before a carryforward election

S. 6408--B                         37

is filed by or on behalf of any local or other agency. A  later  request
may also be considered by the commissioner.
  4.  On  or  before  January fifteenth of each year, the director shall
publish the total amount of unused statewide ceiling from the prior year
on the division of budget's website.
  S 14. New York state bond allocation policy advisory panel.  1.  There
is  hereby created a policy advisory panel and process to provide policy
advice regarding the priorities for distribution of the statewide  ceil-
ing.
  2.  The  panel  shall  consist  of  five  members,  one designee being
appointed by each of the following: the governor, the  temporary  presi-
dent  of the senate, the speaker of the assembly, the minority leader of
the senate and the minority leader of the assembly. The designee of  the
governor  shall  chair the panel. The panel shall monitor the allocation
process through the year, and in that regard, the division of budget and
the department of economic development shall assist and  cooperate  with
the  panel as provided in this section. The advisory process shall oper-
ate through the issuance of advisory opinions by members of the panel as
provided in subdivisions six and seven of this section. A meeting may be
held at the call of the chair with the unanimous consent of the members.
  3. (a) Upon receipt of a request  for  allocation  or  a  request  for
approval  of  a  carryforward election from the statewide reserve from a
local agency or other issuer, the commissioner shall, within five  work-
ing  days,  notify  the panel of such request and provide the panel with
copies of all application materials submitted by the applicant.
  (b) Upon receipt of a request for allocation or a request for approval
of carryforward election from the statewide reserve from a state agency,
the director shall, within five working days, notify the panel  of  such
request  and  provide the panel with copies of all application materials
submitted by the applicant.
  4. (a) Following receipt of a request  for  allocation  from  a  local
agency  or  other  issuer,  the commissioner shall notify the panel of a
decision to approve or exclude from further consideration such  request,
and the commissioner shall state the reasons. Such notification shall be
made  with  or  after  the  transmittal  of the information specified in
subdivision three of this section and at least five working days  before
formal notification is made to the applicant.
  (b) Following receipt of a request for allocation from a state agency,
the  director shall notify the panel of a decision to approve or exclude
from further consideration such request, and shall  state  the  reasons.
Such  notification  shall  be made with or after the transmission of the
information specified in subdivision three of this section and at  least
five  working days before formal notification is made to the state agen-
cy.
  5. The requirements of subdivisions three and  four  of  this  section
shall  not apply to adjustments to allocations due to bond sizing chang-
es.
  6. In the event that any  decision  to  approve  or  to  exclude  from
further  consideration a request for allocation is made within ten work-
ing days of the end of the calendar year and in the case of all requests
for consent to a carryforward election, the commissioner or director, as
is appropriate, shall  provide  the  panel  with  the  longest  possible
advance  notification of the action, consistent with the requirements of
the code, and shall, wherever possible,  solicit  the  opinions  of  the
members  of  the  panel  before  formally notifying any applicant of the
action. Such notification may be made by  means  of  telephone  communi-

S. 6408--B                         38

cation  to  the  members  or  by  written notice delivered to the Albany
office of the appointing authority of the respective members.
  7.  Upon  notification by the director or the commissioner, any member
of the panel may, within five working days, notify the  commissioner  or
the  director of any policy objection concerning the expected action. If
three or more members of the panel shall  submit  policy  objections  in
writing  to  the intended action, the commissioner or the director shall
respond in writing to the objection prior to taking the intended  action
unless  exigent  circumstances  make  it  necessary to respond after the
action has been taken.
  8. On or before the first day of July, in any year, the director shall
report to the members of the New York state bond allocation policy advi-
sory panel on the actual utilization of volume cap for the  issuance  of
bonds  during  the  prior calendar year and the amount of such cap allo-
cated for carryforwards for  future  bond  issuance.  The  report  shall
include, for each local agency or other issuer and each state agency the
initial  allocation,  the  amount  of  bonds issued subject to the allo-
cation, the amount of the issuer's allocation that remained unused,  the
allocation  of  the statewide bond reserve, carryforward allocations and
recapture of allocations. Further, the report shall include  projections
regarding private activity bond issuance for state and local issuers for
the  calendar  year,  as  well  as  any  recommendations for legislative
action.  The director shall publish the report on the division of  budg-
et's website concurrently with the release of the report to the panel.
  S  15.  Severability.  If any clause, sentence, paragraph, section, or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to  be invalid, such judgment shall not affect, impair, or invali-
date the remainder thereof, but shall be confined in  its  operation  to
the  clause,  sentence,  paragraph,  section,  or  part thereof directly
involved in the controversy in  which  such  judgment  shall  have  been
rendered.
  S 16. Chapter 49 of the laws of 2014, relating to enacting the private
activity bond allocation act of 2014, is REPEALED.
  S 17. Intentionally omitted.
  S  18. This act shall take effect immediately; provided, however, that
this act shall expire and be deemed repealed July 1, 2018.

                                 PART S

                          Intentionally Omitted

                                 PART T

  Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
section 27-1905 of the environmental conservation  law,  as  amended  by
section  1  of  part G of chapter 58 of the laws of 2013, are amended to
read as follows:
  1. Until  December  thirty-first,  two  thousand  [sixteen]  NINETEEN,
accept  from  a customer, waste tires of approximately the same size and
in a quantity equal to the number of new tires purchased or installed by
the customer; and
  Until December thirty-first, two  thousand  [sixteen]  NINETEEN,  post
written notice in a prominent location, which must be at least eight and
one-half  inches  by  fourteen  inches in size and contain the following
language:

S. 6408--B                         39

  S 2. The opening paragraph of subdivision 1, the opening paragraph  of
subdivision  2, the opening paragraph of subdivision 3 and paragraph (a)
of subdivision 6 of section 27-1913 of  the  environmental  conservation
law,  as  amended  by  section  2 of part G of chapter 58 of the laws of
2013, are amended to read as follows:
  Until  December thirty-first, two thousand [sixteen] NINETEEN, a waste
tire management and recycling fee of two dollars and fifty  cents  shall
be charged on each new tire sold. The fee shall be paid by the purchaser
to  the  tire  service  at the time the new tire or new motor vehicle is
purchased.
  Until December thirty-first, two thousand [sixteen] NINETEEN, the tire
service shall collect the waste tire management and recycling  fee  from
the  purchaser  at  the time of the sale and shall remit such fee to the
department of taxation and  finance  with  the  quarterly  report  filed
pursuant to subdivision three of this section.
  Until  March  thirty-first, two thousand [seventeen] TWENTY, each tire
service maintaining a place of business  in  this  state  shall  make  a
return  to  the department of taxation and finance on a quarterly basis,
with the return for December, January, and  February  being  due  on  or
before  the  immediately  following  March  thirty-first; the return for
March, April, and May being due on or before the  immediately  following
June  thirtieth;  the  return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the  immediately
following December thirty-first.
  (a)  Until December thirty-first, two thousand [sixteen] NINETEEN, any
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to  paragraph
(b)  of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire  charge
on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S 2-a. Subdivisions 1, 2 and 6 of section 27-1915 of the environmental
conservation  law,  subdivision  1 as amended by section 5 of part DD of
chapter 59 of the laws of 2010 and subdivisions 2  and  6  as  added  by
section  3  of part V1 of chapter 62 of the laws of 2003, are amended to
read as follows:
  1. costs of the department for the following:
  (a) first-year costs:
  (i) enumeration and assessment of noncompliant waste tire  stockpiles;
and
  (ii)  aerial  reconnaissance  to locate, survey and characterize sites
environmentally, for remote sensing, special analysis and scanning;
  (b) abatement of noncompliant waste tire stockpiles; [and]
  (c) COSTS INCURRED BY THE DEPARTMENT WHEN WORKING  WITH  COMMUNITY  OR
GROUP WASTE TIRE RECYCLING AND DISPOSAL EVENTS; AND
  (D)  administration  and enforcement of the requirements of this arti-
cle, exclusive of titles thirteen and fourteen.
  2. costs of the department of economic development for the following:

S. 6408--B                         40

  (a) conducting an updated market analysis of outlets  for  waste  tire
utilization including recycling and energy recovery opportunities;
  (b)  establishment of a program to provide [funds] LOANS AND GRANTS to
NEW YORK-BASED businesses to develop technology that leads to  increased
markets  for waste tires AND TO HELP NEW YORK-BASED BUSINESSES TO EXPAND
PRODUCTION CAPACITY, PURCHASE  EQUIPMENT  OR  CONDUCT  TESTING  FOR  THE
UTILIZATION OF WASTE TIRES;
  (c) funding of demonstration projects; and
  (d) administration of requirements of this section.
  6. costs of the department of health for the following:
  (a) recommendations to protect public health; and
  (b) administration of requirements of this section; AND
  (C)  DISEASE  CONTROL  MEASURES,  INCLUDING  IMPLEMENTATION  OF PUBLIC
HEALTH SAFETY MEASURES SUCH AS MOSQUITO CONTROL.
  S 3. This act shall take effect immediately.

                                 PART U

  Section 1. Paragraph a of subdivision 2 of section 92-s of  the  state
finance  law, as added by chapter 610 of the laws of 1993, is amended to
read as follows:
  a. The comptroller shall establish the following separate and distinct
accounts within the environmental protection fund:
  (i) solid waste account;
  (ii) parks, recreation and historic preservation account;
  (iii) open space account; [and]
  (iv) CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT; AND
  (V) environmental protection transfer account.
  S 2. Paragraph (b) of subdivision 6  of  section  92-s  of  the  state
finance  law,  as amended by chapter 432 of the laws of 1997, is amended
to read as follows:
  (b) Moneys from the solid waste account shall be  available,  pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project;  municipal  waste reduction or recycling project, as defined in
article fifty-four  of  the  environmental  conservation  law;  for  the
purposes  of  section  two  hundred  sixty-one  and  section two hundred
sixty-four of the economic development law; any project for the develop-
ment, updating or revision of local solid waste management plans  pursu-
ant  to  sections  27-0107 and 27-0109 of the environmental conservation
law; ENVIRONMENTAL JUSTICE PROGRAMS, PROJECTS AND GRANTS;  and  for  the
development  of  the  pesticide  sales and use data base [in conjunction
with Cornell University] pursuant to title  twelve  of  article  thirty-
three of the environmental conservation law.
  S 3. Subdivision 6 of section 92-s of the state finance law is amended
by adding a new paragraph (f) to read as follows:
  (F)  MONEYS  FROM THE CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT
SHALL BE AVAILABLE, PURSUANT TO APPROPRIATION AND  UPON  CERTIFICATE  OF
APPROVAL OF AVAILABILITY BY THE DIRECTOR OF THE BUDGET, FOR PROGRAMS AND
PROJECTS  TO  REDUCE GREENHOUSE GASSES; FOR THE DEVELOPMENT, UPDATING OR
REVISION OF LOCAL WATERFRONT  REVITALIZATION  PLANS  PURSUANT  TO  TITLE
ELEVEN  OF  ARTICLE  FIFTY-FOUR OF THE ENVIRONMENTAL CONSERVATION LAW TO
ADAPT FOR CLIMATE CHANGE, OR FOR OTHER PLANNING  UNDERTAKEN  TO  IMPROVE
RESILIENCY  FROM  IMPACTS  OF CLIMATE CHANGE; FOR SMART GROWTH PROGRAMS;
AND FOR  ADAPTIVE  INFRASTRUCTURE,  INCLUDING  GRANTS  PURSUANT  TO  THE
CLIMATE  SMART  COMMUNITIES  PROGRAM;  RESILIENCY PLANTING PROJECTS; THE

S. 6408--B                         41

CLIMATE RESILIENT FARMS PROGRAM; STATE  VULNERABILITY  ASSESSMENTS;  AND
PROGRAMS  AND  PROJECTS  TO  IMPLEMENT AND COMPLY WITH THE PROVISIONS OF
CHAPTER THREE HUNDRED FIFTY-FIVE OF THE LAWS OF TWO  THOUSAND  FOURTEEN,
KNOWN AS THE "COMMUNITY RISK AND RESILIENCY ACT".
  S 4. Section 54-1101 of the environmental conservation law, as amended
by  chapter  309 of the laws of 1996, subdivisions 1 and 5 as amended by
chapter 355 of the laws of 2014, is amended to read as follows:
S 54-1101. Local waterfront revitalization programs.
  1. The secretary is authorized to  provide  on  a  competitive  basis,
within  amounts appropriated, state assistance payments AND/OR TECHNICAL
ASSISTANCE to municipalities toward the [cost] DEVELOPMENT of any  local
waterfront  revitalization program, including planning projects to miti-
gate future physical climate risks.   Eligible costs  include  planning,
studies, preparation of local laws, and construction projects.
  2.  State  assistance  payments  AND/OR TECHNICAL ASSISTANCE shall not
exceed fifty percent of the cost of the program, EXCEPT WHERE THE  MUNI-
CIPALITY  HAS  A  POPULATION,  AS  DETERMINED  IN THE MOST RECENT UNITED
STATES CENSUS, OF UNDER THREE HUNDRED THOUSAND AND  A  MEDIAN  HOUSEHOLD
INCOME  OF  LESS THAN OR EQUAL TO ONE HUNDRED TWENTY-FIVE PERCENT OF THE
STATEWIDE MEDIAN HOUSEHOLD INCOME FOR  THE  MOST  RECENT  UNITED  STATES
CENSUS,  OR  AS  OTHERWISE  DETERMINED  BY REGULATION PROMULGATED BY THE
DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE  FUTURE  PHYS-
ICAL CLIMATE RISKS, IN WHICH CASE STATE ASSISTANCE PAYMENTS AND/OR TECH-
NICAL  ASSISTANCE  SHALL  NOT  EXCEED  NINETY PERCENT OF THE COST OF THE
PROGRAM. For the purpose of determining the amount of  state  assistance
payments,  costs  shall  not  be  more  than the amount set forth in the
application for state assistance payments approved by the secretary. The
state assistance payments shall be paid on  audit  and  warrant  of  the
state  comptroller  on  a certificate of availability of the director of
the budget.
  3. THE SECRETARY IS AUTHORIZED TO PROVIDE ON A  NONCOMPETITIVE  BASIS,
WITHIN  AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL
ASSISTANCE TOWARD THE  DEVELOPMENT  OF  PLANNING  PROJECTS  TO  MITIGATE
FUTURE  PHYSICAL  CLIMATE RISKS TO MUNICIPALITIES THAT HAVE BEEN AWARDED
STATE ASSISTANCE PAYMENTS AND/OR TECHNICAL ASSISTANCE UNDER  SUBDIVISION
ONE  OF  THIS SECTION. SUCH PAYMENTS MAY BE USED FOR UPDATES DESIGNED TO
MITIGATE FUTURE PHYSICAL CLIMATE RISKS.
  4. The secretary shall have the power to approve vouchers for payments
pursuant to an approved contract.
  [4.] 5. No moneys shall be expended  as  authorized  by  this  section
except pursuant to an appropriation therefor.
  [5.]  6.  The secretary shall impose such contractual requirements and
conditions  upon  any  municipality  which  receives  state   assistance
payments pursuant to this article as may be necessary and appropriate to
ensure  that a public benefit shall accrue from the use of such funds by
the municipality including but not  limited  to,  a  demonstration  that
future  physical climate risk due to sea level rise, and/or storm surges
and/or flooding, based on available data predicting  the  likelihood  of
future  extreme  weather  events, including hazard risk analysis data if
applicable, has been considered.
  S 5. Intentionally omitted.
  S 6. Subdivision 1 of section 918 of the executive law,  as  added  by
chapter 840 of the laws of 1981, is amended to read as follows:
  1.  The secretary may enter into a contract or contracts for grants OR
PAYMENTS to be made, within the limits of any  appropriations  therefor,
for the following:

S. 6408--B                         42

  a.  To any local governments, or to two or more local governments, for
projects approved by the secretary which lead to preparation of a water-
front revitalization program; provided, however,  that  such  grants  OR
PAYMENTS  shall  not  exceed  fifty percent of the approved cost of such
projects, EXCEPT WHERE EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETER-
MINED  IN  THE  MOST RECENT UNITED STATES CENSUS, OF UNDER THREE HUNDRED
THOUSAND AND A MEDIAN HOUSEHOLD INCOME OF LESS  THAN  OR  EQUAL  TO  ONE
HUNDRED TWENTY-FIVE PERCENT OF THE STATEWIDE MEDIAN HOUSEHOLD INCOME FOR
THE  MOST  RECENT  UNITED  STATES  CENSUS, OR AS OTHERWISE DETERMINED BY
REGULATION PROMULGATED BY THE  DEPARTMENT  OF  STATE,  OR  FOR  PLANNING
PROJECTS  TO  MITIGATE FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE SUCH
GRANTS OR PAYMENTS SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED  COST
OF SUCH PROJECTS;
  b.  TO  SERVICE  PROVIDERS,  ON BEHALF OF AND IN CONSULTATION WITH ANY
LOCAL GOVERNMENTS  OR  TWO  OR  MORE  LOCAL  GOVERNMENTS,  FOR  PROJECTS
APPROVED  BY  THE  SECRETARY  WHICH  LEAD TO PREPARATION OF A WATERFRONT
REVITALIZATION PROGRAM; HOWEVER, THAT SUCH GRANTS OR PAYMENTS SHALL  NOT
EXCEED FIFTY PERCENT OF THE APPROVED COST OF SUCH PROJECTS, EXCEPT WHERE
EACH LOCAL GOVERNMENT HAS A POPULATION, AS DETERMINED IN THE MOST RECENT
UNITED  STATES  CENSUS,  OF  UNDER  THREE  HUNDRED THOUSAND AND A MEDIAN
HOUSEHOLD INCOME OF LESS  THAN  OR  EQUAL  TO  ONE  HUNDRED  TWENTY-FIVE
PERCENT  OF  THE  STATEWIDE  MEDIAN HOUSEHOLD INCOME FOR THE MOST RECENT
UNITED STATES CENSUS, OR AS OTHERWISE DETERMINED BY  REGULATION  PROMUL-
GATED  BY  THE DEPARTMENT OF STATE, OR FOR PLANNING PROJECTS TO MITIGATE
FUTURE PHYSICAL CLIMATE RISKS, IN WHICH CASE  SUCH  GRANTS  OR  PAYMENTS
SHALL NOT EXCEED NINETY PERCENT OF THE APPROVED COST OF SUCH PROJECTS;
  C.  To  any  local government or local government agency for research,
design, and other activities  which  serve  to  facilitate  construction
projects  provided for in an approved waterfront revitalization program;
provided, however, that such grants or payments  shall  not  exceed  ten
percent of the estimated cost of such construction project.
  S 7. This act shall take effect immediately.

                                 PART V

  Section  1.  Subdivision  3  of section 79-b of the navigation law, as
amended by section 1 of part D of chapter 109 of the laws  of  2010,  is
amended to read as follows:
  3.  The  amount  of state aid to be allocated to eligible governmental
entities pursuant to this article shall be determined by the commission-
er  as  hereinafter  provided.  The  commissioner  shall  determine  the
percentage proportion which the authorized expenditures of each individ-
ual  entity, not exceeding four hundred thousand dollars for each county
including municipalities therein, shall bear  to  the  total  authorized
expenditures  of  all entities. Such percentage proportion shall then be
applied against an amount equal to one-half of the total of  the  amount
received by the state in each preceding program year in vessel registra-
tion  fees  as  provided  in section twenty-two hundred fifty-one of the
vehicle and traffic law, less no more than thirty  percent,  subject  to
appropriation, which may be used by the commissioner and the commission-
er  of motor vehicles for administrative costs of the program, including
training and equipment, and by the department of environmental conserva-
tion, the division of state police and other state agencies, subject  to
the approval of the commissioner, for the purposes of this article, plus
the  entire  amount  received  pursuant  to  subdivision nine of section
forty-four of this chapter. The amount thus determined shall  constitute

S. 6408--B                         43

the maximum amount of state aid to which each such entity shall be enti-
tled;  provided,  however,  that no entity shall receive state aid in an
amount in excess of  [fifty]  SEVENTY-FIVE  percent  of  its  authorized
expenditures  as approved by the commissioner for such program year. The
commissioner shall certify to the comptroller the amount thus determined
for each eligible local governmental entity as the amount of  state  aid
to be apportioned to such eligible local governmental entity.  The allo-
cation  of  state  aid  to  any  county, town or village within the Lake
George park shall not be reduced because of the allocation of state  aid
to  the  Lake George park commission. Of the remaining funds received by
the state for the registration of vessels as provided in  section  twen-
ty-two  hundred  fifty-one  of the vehicle and traffic law, no less than
six percent shall be made available to the commissioner for the expenses
of the office in  providing  navigation  law  enforcement  training  and
administering the provisions of this section.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART W

  Section 1. Subdivision 2 of section 16-w of section 1 of  chapter  174
of  the  laws of 1968, constituting the New York state urban development
corporation act, as amended by section 1 of part FF of chapter 58 of the
laws of 2015, is amended to read as follows:
  2. The corporation shall consult with the  department  of  agriculture
and  markets  in order to establish such criteria governing the award of
grants as authorized herein, as the corporation and such department deem
necessary. Such criteria shall include, but not be limited to[:
  (a)], farmers who have  not  produced  an  "agricultural  product"  as
defined  by  section  three  hundred twenty-eight of the agriculture and
markets law, for more than ten consecutive years,  and  who  will  mate-
rially  and  substantially  participate in the production of an agricul-
tural product within a region of the state.
  [(b) farms of one hundred fifty acres or less.]
  S 2. This act shall take effect immediately.

                                 PART X

  Section 1. Paragraph (e) of subdivision  1  of  section  66-j  of  the
public  service  law, as amended by chapter 355 of the laws of 2009, and
the opening paragraph as amended by chapter 336 of the laws of 2010,  is
amended to read as follows:
  (e)  "Farm  waste  electric generating equipment" means equipment that
generates  electric  energy  from  biogas  produced  by  the   anaerobic
digestion  of  agricultural  waste,  such  as  livestock manure, farming
wastes and food processing wastes with a rated capacity of not more than
[one] TWO thousand kilowatts, that is:
  (i) manufactured, installed, and operated in accordance with  applica-
ble government and industry standards;
  (ii) connected to the electric system and operated in conjunction with
an electric corporation's transmission and distribution facilities;
  (iii)  operated  in  compliance  with  any  standards and requirements
established under this section;
  (iv) fueled at a minimum of ninety  percent  on  an  annual  basis  by
biogas  produced from the anaerobic digestion of agricultural waste such

S. 6408--B                         44

as livestock manure materials, crop residues, and food processing waste;
and
  (v)  fueled  by  biogas generated by anaerobic digestion with at least
fifty percent by weight of its feedstock being livestock manure  materi-
als on an annual basis.
  S 2. This act shall take effect immediately.

                                 PART Y

  Section  1. The agriculture and markets law is amended by adding a new
article 24-A to read as follows:
                              ARTICLE 24-A
                     NY PRIDE / NY CERTIFIED PROGRAM
SECTION 291. NY PRIDE/NY CERTIFIED PROGRAM; ESTABLISHED.
  S 291. NY PRIDE/NY CERTIFIED PROGRAM; ESTABLISHED. 1.  THE  DEPARTMENT
SHALL  ESTABLISH AND IMPLEMENT A NY PRIDE/NY CERTIFIED PROGRAM FOR AGRI-
CULTURAL PRODUCTS PRODUCED IN  THIS  STATE  WHICH  ARE  SO  PRODUCED  IN
ACCORDANCE WITH THE REQUIREMENTS OF THIS SECTION.
  2. AN AGRICULTURAL PRODUCT PRODUCED IN THIS STATE SHALL BE ELIGIBLE TO
BE LABELED AS "NY PRIDE/NY CERTIFIED" IF IT WAS PRODUCED:
  (A)  BY  A  PRODUCER  WHICH  HAS  BEEN  CERTIFIED BY THE UNITED STATES
DEPARTMENT OF AGRICULTURE AS USING  GOOD  AGRICULTURAL  PRACTICES  OR  A
SIMILAR  CERTIFICATION  FROM  SUCH DEPARTMENT RELATING TO THE PARTICULAR
AGRICULTURAL PRODUCT; AND
  (B) BY A PRODUCER WHICH PARTICIPATES IN THE APPROPRIATE COUNTY'S  SOIL
AND  WATER  CONSERVATION DISTRICT IN IMPLEMENTING THE AGRICULTURAL ENVI-
RONMENTAL MANAGEMENT PLAN ESTABLISHED PURSUANT TO  ARTICLE  ELEVEN-A  OF
THIS CHAPTER.
  3.  THE  PRODUCER  OF AN AGRICULTURAL PRODUCT WHICH MEETS THE REQUIRE-
MENTS OF SUBDIVISION TWO OF THIS SECTION MAY APPLY TO THE DEPARTMENT  TO
HAVE  SUCH  PRODUCT  CERTIFIED  PURSUANT TO THIS SECTION. THE DEPARTMENT
SHALL SO CERTIFY EACH SUCH PRODUCT WITH THIRTY DAYS  OF  RECEIPT  OF  AN
APPLICATION.
  4.  THE DEPARTMENT SHALL ESTABLISH A LABEL OF SUCH DESIGN, AS SHALL BE
DEEMED APPROPRIATE BY THE COMMISSIONER, FOR THE  MARKETING  OF  AGRICUL-
TURAL  PRODUCTS  THAT  HAVE  BEEN  CERTIFIED  TO BE LABELED "NY PRIDE/NY
CERTIFIED". ONLY AGRICULTURAL PRODUCTS CERTIFIED PURSUANT TO SUBDIVISION
THREE OF THIS SECTION SHALL BE AUTHORIZED TO BEAR SUCH LABEL.
  S 2. This act shall take effect immediately.

                                 PART Z

  Section 1. Section 19-0323 of the environmental conservation  law,  as
added  by  chapter  629  of  the  laws  of 2006, subdivisions 3 and 5 as
amended by section 1 and subdivision 7 as amended by section 2  of  part
II of chapter 58 of the laws of 2015, and subdivisions 6 and 8 as renum-
bered  by  section  1  of  part  C of chapter 59 of the laws of 2010, is
amended to read as follows:
S 19-0323. Use of ultra low sulfur diesel fuel and best available  tech-
             nology by the state.
  1. As used in this section, the terms:
  a.  "Ultra  low  sulfur  diesel  fuel" means diesel fuel having sulfur
content of 0.0015 [per cent] PERCENT of sulfur or less.
  b. "Heavy duty vehicle" or "vehicle" means any on and off-road vehicle
powered by diesel fuel and having a gross vehicle weight of greater than
8,500 pounds, except that those vehicles defined in section 101  of  the

S. 6408--B                         45

vehicle  and traffic law, paragraph 2 of schedule E and paragraph (a) of
schedule F of subdivision 7 of section 401 of  such  law,  and  vehicles
specified  in  subdivision  13 of section 401 of such law, and farm type
tractors and all terrain type vehicles used exclusively for agricultural
or  mowing  purposes,  or  for  snow  plowing, other than for hire, farm
equipment, including self-propelled machines used exclusively  in  grow-
ing, harvesting or handling farm produce, and self-propelled caterpillar
or crawler-type equipment while being operated on the contract site, and
timber  harvesting equipment such as harvesters, wood chippers, forward-
ers, log skidders, and other processing equipment used  exclusively  off
highway  for timber harvesting and logging purposes, shall not be deemed
heavy duty vehicles for purposes of this section.  This term  shall  not
include  vehicles  that are specially equipped for emergency response by
the department, office of emergency management, sheriff's office of  the
department of finance, police department or fire department.
  c.  "Best available retrofit technology" means technology, verified by
the United States environmental protection agency for reducing the emis-
sion of pollutants that achieves reductions in particulate matter  emis-
sions  at  the  highest classification level for diesel emission control
strategies that is applicable to the particular engine and  application.
Such  technology  shall also, at a reasonable cost, achieve the greatest
reduction in emissions of nitrogen oxides  at  such  particulate  matter
reduction  level  and  shall in no event result in a net increase in the
emissions of either particulate matter or nitrogen oxides.
  d. "Reasonable cost" means that such technology does not cost  greater
than  30 percent more than other technology applicable to the particular
engine and application that falls within the same  classification  level
for  diesel  emission control strategies, as set forth in paragraph c of
this subdivision, when considering the cost  of  the  strategies,  them-
selves, and the cost of installation.
  2. Any diesel powered heavy duty vehicle that is owned by, operated by
or  on  behalf  of,  or  leased by a state agency and state and regional
public authority shall be powered by ultra low sulfur diesel fuel.
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
[or on behalf of,] or leased by a state agency and  state  and  regional
public  authority with more than half of its governing body appointed by
the governor shall utilize the best available  retrofit  technology  for
reducing  the  emission of pollutants. The commissioner shall promulgate
regulations for the implementation of this subdivision  specifying  that
all  vehicles  covered  by  this  subdivision  shall have best available
retrofit technology on or before December 31, [2016] 2018.
  This subdivision shall not apply to any vehicle subject to a lease  or
public  works  contract  entered  into or renewed prior to the effective
date of this section.
  4. In addition to other provisions for regulations  in  this  section,
the commissioner shall promulgate regulations as necessary and appropri-
ate to carry out the provisions of this act including but not limited to
provision  for waivers upon written finding by the commissioner that (a)
best available retrofit technology for reducing the emissions of  pollu-
tants  as required by subdivision 3 of this section is not available for
a particular vehicle or class of vehicles and (b) that ultra low  sulfur
diesel fuel is not available.
  5.  In addition to any waiver which may be issued pursuant to subdivi-
sion four of this section, the department shall  issue  a  waiver  to  a
state  agency[,]  OR  a state or regional public authority[, or a person
operating any diesel-powered heavy duty vehicle on  behalf  of  a  state

S. 6408--B                         46

agency,  state  or  regional public authority,] upon a request in a form
acceptable to the department for a waiver from the provisions of  subdi-
vision  three  of  this  section for a vehicle engine provided that such
vehicle  engine will cease to be used in the state on or before December
thirty-first, two thousand [seventeen] TWENTY-ONE.   Any  waiver  issued
pursuant  to this subdivision shall expire when a state agency[, a state
or regional public authority, or a person operating  any  diesel-powered
heavy  duty vehicle on behalf of a state agency,] OR A state or regional
public authority ceases to use the engine in the  state  but  not  later
than December thirty-first, two thousand [seventeen] TWENTY-ONE.
  6. This section shall not apply where federal law or funding precludes
the state from imposing the requirements of this section.
  7. On or before January 1, 2008 and every year thereafter, the commis-
sioner  shall report to the governor and legislature on the use of ultra
low sulfur diesel fuel. On or before January 1, [2017]  2019  and  every
year  thereafter,  the  commissioner  shall include in the report to the
governor and legislature the use of the best available retrofit technol-
ogy as required under this section. The information  contained  in  this
report  shall  include, but not be limited to, for each state agency and
public authority covered by this section: (a) the total number of diesel
fuel-powered motor vehicles owned or operated by such agency and author-
ity; (b) the number of such motor vehicles that were  powered  by  ultra
low  sulfur  diesel  fuel;  (c)  the total number of diesel fuel-powered
motor vehicles owned or operated by such agency and authority  having  a
gross vehicle weight rating of more than 8,500 pounds; (d) the number of
such  motor vehicles that utilized the best available retrofit technolo-
gy, including a breakdown by motor vehicle model, engine  year  and  the
type  of  technology used for each vehicle; (e) the number of such motor
vehicles that are equipped with an engine certified  to  the  applicable
2007 United States environmental protection agency standard for particu-
late matter as set forth in section 86.007-11 of title 40 of the code of
federal  regulations  or  to  any subsequent United States environmental
protection agency standard for particulate matter that is  at  least  as
stringent; and (f) all waivers, findings, and renewals of such findings,
which,  for each waiver, shall include, but not be limited to, the quan-
tity of diesel fuel needed to power diesel fuel-powered  motor  vehicles
owned  or  operated  by  such agency and authority; specific information
concerning the availability of ultra low sulfur diesel fuel.
  8. The department shall, to the extent  practicable,  coordinate  with
regions  which  have  proposed or adopted heavy duty emission inspection
programs to promote regional consistency in such programs.
  S 2. This act shall take effect immediately.

                                 PART AA

  Section 1. This act may be known and be cited as the "New  York  state
water infrastructure improvement act of 2016".
  S 2. For purposes of this act:
  1. "water quality infrastructure project" shall mean "sewage treatment
works"  as  defined in section 17-1903 of the environmental conservation
law or "eligible project" as defined in paragraphs (a), (b), (c) and (e)
of subdivision 4 of section 1160 of the public health law.
  2. "construction" shall mean:
  (a) for sewage treatment works, the same as defined in section 17-1903
of the environmental conservation law; and

S. 6408--B                         47

  (b) for eligible projects, the same meaning as defined in section 1160
of the public health law.
  3. "municipality" shall mean any county, city, town, village, district
corporation, county or town improvement district, school district, Indi-
an  nation  or tribe recognized by the state or the United States with a
reservation wholly or partly within the boundaries of  New  York  state,
any  public benefit corporation or public authority established pursuant
to the laws of New York or  any  agency  of  New  York  state  which  is
empowered  to  construct  and  operate  a  water  quality infrastructure
project, or any two or more of the foregoing which are acting jointly in
connection with a water quality infrastructure project.
  S 3. 1. The environmental facilities corporation shall  undertake  and
provide state financial assistance payments, from funds appropriated for
such  purpose, to municipalities in support of water quality infrastruc-
ture projects provided, however, in any such year that funds are  appro-
priated  for  such purpose, no municipality shall receive more than five
million dollars of appropriated funds. Such state  financial  assistance
payments  shall be awarded only to water quality infrastructure projects
for:
  (a)  erection,  building,  acquisition,  alteration,   reconstruction,
improvement,  replacement,  repair,  enlargement or extension of infras-
tructure; or
  (b) compliance with environmental and public  health  laws  and  regu-
lations related to water quality.
  2. Any state financial assistance payment awarded pursuant to this act
shall not exceed sixty percent of the project cost.
  3.  A  municipality  may  make an application for such state financial
assistance payment, in a manner, form and timeframe and containing  such
information  as  the  environmental  facilities  corporation may require
provided however, such requirements shall not include a requirement  for
prior listing on the intended use plan.
  4. A municipality shall not be required to accept environmental facil-
ities  corporation  loan  financing in order to obtain a state financial
assistance payment pursuant to this act  if  it  can  provide  proof  of
having  obtained  similarly  low  cost  financing  or other funding from
another source.
  5. In awarding such state financial assistance payments, the  environ-
mental  facilities  corporation  shall  consider  and give preference to
municipalities that meet the hardship criteria established by the  envi-
ronmental  facilities  corporation  pursuant  to  section  1285-m of the
public authorities law and projects that result in  the  greatest  water
quality  improvement  or  greatest  reduction  in serious risk to public
health.  For the purposes of this act, the hardship criteria of  section
1285-m  of  the public authorities law shall also apply to sewage treat-
ment works defined in section 17-1903 of the environmental  conservation
law.
  S 4. This act shall take effect April 1, 2016.

                                 PART BB

  Section 1. Article 27 of the environmental conservation law is amended
by adding a new title 20 to read as follows:
                                TITLE 20
                        PAINT STEWARDSHIP PROGRAM
SECTION 27-2001. DEFINITIONS.
        27-2003. PAINT STEWARDSHIP PROGRAM.

S. 6408--B                         48

        27-2005. REGULATIONS.
        27-2007. REPORTING.
S 27-2001. DEFINITIONS.
  WHEN USED IN THIS TITLE:
  1.  "ARCHITECTURAL  PAINT"  MEANS  INTERIOR AND EXTERIOR ARCHITECTURAL
COATINGS SOLD IN CONTAINERS OF FIVE GALLONS OR LESS. ARCHITECTURAL PAINT
DOES NOT INCLUDE INDUSTRIAL, ORIGINAL EQUIPMENT OR SPECIALTY COATINGS.
  2. "DISTRIBUTOR" MEANS A PERSON THAT HAS  A  CONTRACTUAL  RELATIONSHIP
WITH  ONE  OR  MORE  PRODUCERS TO MARKET AND SELL ARCHITECTURAL PAINT TO
RETAILERS OR DIRECTLY TO CONSUMERS OR END-USERS IN THE STATE.
  3. "ENVIRONMENTALLY SOUND MANAGEMENT PRACTICES" MEANS  PROCEDURES  FOR
THE  COLLECTION,  STORAGE, TRANSPORTATION, REUSE, RECYCLING AND DISPOSAL
OF ARCHITECTURAL PAINT, TO BE IMPLEMENTED BY THE PRODUCER  OR  REPRESEN-
TATIVE  ORGANIZATION  OR  SUCH  REPRESENTATIVE ORGANIZATION'S CONTRACTED
PARTNERS TO ENSURE COMPLIANCE WITH ALL  APPLICABLE  FEDERAL,  STATE  AND
LOCAL  LAWS,  REGULATIONS  AND  ORDINANCES  AND  THE PROTECTION OF HUMAN
HEALTH AND THE ENVIRONMENT. ENVIRONMENTALLY SOUND  MANAGEMENT  PRACTICES
INCLUDE,  BUT ARE NOT LIMITED TO, RECORD KEEPING, THE TRACKING AND DOCU-
MENTING OF THE FATE OF POST-CONSUMER PAINT IN AND OUTSIDE OF THE  STATE,
AND  ENVIRONMENTAL  LIABILITY COVERAGE FOR PROFESSIONAL SERVICES AND FOR
THE OPERATIONS OF THE CONTRACTORS WORKING ON BEHALF OF THE  PRODUCER  OR
REPRESENTATIVE ORGANIZATION.
  4.  "PAINT  STEWARDSHIP  ASSESSMENT"  MEANS  THE  AMOUNT  ADDED TO THE
PURCHASE PRICE OF ARCHITECTURAL PAINT SOLD IN THE STATE THAT  IS  NECES-
SARY  TO COVER THE COST OF COLLECTING, TRANSPORTING AND PROCESSING POST-
CONSUMER PAINT BY THE PRODUCER OR REPRESENTATIVE  ORGANIZATION  PURSUANT
TO THE PAINT STEWARDSHIP PROGRAM.
  5.    "PAINT STEWARDSHIP PROGRAM" OR "PROGRAM" MEANS A PROGRAM FOR THE
MANAGEMENT OF POST-CONSUMER PAINT OPERATED BY A  PRODUCER  OR  REPRESEN-
TATIVE ORGANIZATION.
  6.    "POST-CONSUMER PAINT" MEANS ARCHITECTURAL PAINT THAT IS NOT USED
AND THAT IS NO LONGER WANTED BY A PURCHASER OF ARCHITECTURAL PAINT.
  7. "PRODUCER" MEANS A MANUFACTURER OF ARCHITECTURAL PAINT  WHO  SELLS,
OFFERS  FOR  SALE,  DISTRIBUTES OR CONTRACTS TO DISTRIBUTE ARCHITECTURAL
PAINT IN THE STATE.
  8. "RECYCLING" MEANS THE SERIES OF ACTIVITIES BY WHICH RECYCLABLES ARE
COLLECTED, SORTED, PROCESSED AND CONVERTED INTO RAW MATERIALS OR USED IN
THE PRODUCTION OF NEW PRODUCTS. THIS TERM EXCLUDES THERMAL TREATMENT  OR
THE USE OF WASTE AS A FUEL SUBSTITUTE OR FOR ENERGY PRODUCTION.
  9.   "REPRESENTATIVE  ORGANIZATION"  MEANS  A  NONPROFIT  ORGANIZATION
CREATED  BY  PRODUCERS  TO  IMPLEMENT  THE  PAINT  STEWARDSHIP   PROGRAM
DESCRIBED IN SECTION 27-2003 OF THIS TITLE.
  10.  "RETAILER"  MEANS  ANY  PERSON WHO OFFERS ARCHITECTURAL PAINT FOR
SALE AT RETAIL IN THE STATE.
  11. "REUSE" MEANS THE RETURN OF A PRODUCT INTO THE ECONOMIC STREAM FOR
USE IN THE SAME KIND  OF  APPLICATION  AS  THE  PRODUCT  WAS  ORIGINALLY
INTENDED TO BE USED, WITHOUT A CHANGE IN THE PRODUCT'S IDENTITY.
  12.  "SELL" OR "SALE" MEANS ANY TRANSFER FOR CONSIDERATION OF TITLE OR
THE RIGHT TO USE, FROM A MANUFACTURER OR RETAILER TO A  PERSON,  INCLUD-
ING,  BUT  NOT  LIMITED  TO, TRANSACTIONS CONDUCTED THROUGH RETAIL SALES
OUTLETS, CATALOGS, MAIL, THE TELEPHONE, THE INTERNET, OR ANY  ELECTRONIC
MEANS; THIS DOES NOT INCLUDE SAMPLES, DONATIONS, AND REUSE.
S 27-2003. PAINT STEWARDSHIP PROGRAM.
  1.  ON  OR BEFORE MARCH FIRST, TWO THOUSAND SEVENTEEN, A PRODUCER OR A
REPRESENTATIVE ORGANIZATION SHALL SUBMIT A PLAN FOR THE ESTABLISHMENT OF
A PAINT STEWARDSHIP PROGRAM TO THE DEPARTMENT FOR APPROVAL. THE  PROGRAM

S. 6408--B                         49

SHALL  MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-
CONSUMER PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGO-
TIATING  AGREEMENTS  TO  COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR BURN
FOR  ENERGY RECOVERY AT AN APPROPRIATELY LICENSED FACILITY POST-CONSUMER
PAINT USING ENVIRONMENTALLY SOUND MANAGEMENT  PRACTICES.    THE  PROGRAM
SHALL  MINIMIZE THE PUBLIC SECTOR INVOLVEMENT IN THE MANAGEMENT OF POST-
CONSUMER PAINT BY REDUCING THE GENERATION OF POST-CONSUMER PAINT,  NEGO-
TIATING AGREEMENTS TO COLLECT, TRANSPORT, REUSE, RECYCLE, AND/OR COMBUST
FOR  ENERGY  RECOVERY AT AN APPROPRIATELY AUTHORIZED FACILITY, INCLUDING
PERMITTEES, POST-CONSUMER PAINT USING ENVIRONMENTALLY  SOUND  MANAGEMENT
PRACTICES.
  2.  THE  PROGRAM SHALL PROVIDE FOR CONVENIENT AND AVAILABLE STATE-WIDE
COLLECTION OF POST-CONSUMER PAINT THAT, AT A MINIMUM, PROVIDES AT  LEAST
ONE  PERMANENT  COLLECTION  SITE LOCATED WITHIN A FIFTEEN MILE RADIUS OF
ALL "INCORPORATED CITIES" AND "CENSUS-DESIGNATED PLACES" IN  THE  STATE;
AND  ONE  ADDITIONAL PERMANENT COLLECTION SITE FOR EVERY THIRTY THOUSAND
PEOPLE LOCATED IN THOSE AREAS, UNLESS OTHERWISE APPROVED BY THE  DEPART-
MENT.  WHERE  A  PERMANENT  COLLECTION  SITE  CANNOT BE LOCATED WITHIN A
FIFTEEN MILE RADIUS OF AN INCORPORATED CITY OR CENSUS-DESIGNATED  PLACE,
THE  PROGRAM  SHALL  PROVIDE FOR AT LEAST ONE COLLECTION EVENT ANNUALLY.
THE PROGRAM SHALL NOT CHARGE A FEE  TO  THE  CONSUMER  AT  THE  TIME  OF
COLLECTION OF POST-CONSUMER ARCHITECTURAL PAINT.
  3.  THE  PLAN  SUBMITTED  TO  THE  DEPARTMENT PURSUANT TO THIS SECTION
SHALL:
  (A) IDENTIFY EACH PRODUCER  PARTICIPATING  IN  THE  PAINT  STEWARDSHIP
PROGRAM  AND THE BRANDS OF ARCHITECTURAL PAINT SOLD IN THE STATE COVERED
BY THE PROGRAM;
  (B) IDENTIFY HOW THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  WILL
PROVIDE CONVENIENT, STATEWIDE ACCESSIBILITY TO THE PROGRAM;
  (C)  SET  FORTH  THE  PROCESS  BY WHICH AN INDEPENDENT AUDITOR WILL BE
SELECTED AND IDENTIFY THE CRITERIA USED BY  THE  PRODUCER  OR  REPRESEN-
TATIVE ORGANIZATION IN SELECTING AN INDEPENDENT AUDITOR;
  (D)  IDENTIFY,  IN  DETAIL,  THE EDUCATIONAL AND OUTREACH PROGRAM THAT
WILL BE IMPLEMENTED TO INFORM CONSUMERS AND RETAILERS OF THE PROGRAM AND
HOW TO PARTICIPATE;
  (E) IDENTIFY, IN DETAIL, THE OPERATIONAL PLANS  FOR  INTERACTING  WITH
RETAILERS ON THE PROPER HANDLING AND MANAGEMENT OF POST-CONSUMER PAINT;
  (F)  INCLUDE  THE  PROPOSED, AUDITED PAINT ASSESSMENT AS IDENTIFIED IN
THIS SECTION AND THE CRITERIA UPON WHICH THE ASSESSMENT IS BASED;
  (G) INCLUDE THE TARGETED ANNUAL COLLECTION RATE;
  (H) INCLUDE A DESCRIPTION OF THE INTENDED TREATMENT,  STORAGE,  TRANS-
PORTATION  AND  DISPOSAL OPTIONS AND METHODS FOR THE COLLECTED POST-CON-
SUMER PAINT; AND
  (I) BE ACCOMPANIED BY A FEE IN THE AMOUNT OF FIVE THOUSAND DOLLARS FOR
EACH PRODUCER, OR TEN THOUSAND  DOLLARS  FOR  EACH  PRODUCT  STEWARDSHIP
ORGANIZATION  TO  BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY ACCOUNT
AS ESTABLISHED IN SECTION 72-1009 OF THIS CHAPTER, TO COVER  THE  REVIEW
OF SAID PLAN BY THE DEPARTMENT.
  4.  THE  COMMISSIONER  SHALL  APPROVE OR REJECT A PLAN SUBMITTED UNDER
THIS SECTION WITHIN NINETY DAYS OF SUBMISSION AND, IF  REJECTED,  INFORM
THE  PRODUCER  OR REPRESENTATIVE ORGANIZATION IN WRITING AS TO ANY DEFI-
CIENCIES IN SAID PLAN. A PRODUCER OR REPRESENTATIVE  ORGANIZATION  SHALL
AMEND  AND  RESUBMIT ANY REJECTED PLANS FOR RECONSIDERATION WITHIN SIXTY
DAYS OF NOTIFICATION OF THE REJECTION OF  SAID  PLAN.  THE  COMMISSIONER
SHALL  APPROVE OR REJECT SAID PLAN WITHIN THIRTY DAYS OF RESUBMISSION. A

S. 6408--B                         50

PLAN SHALL BE APPROVED BY THE COMMISSIONER  IF  IT  MEETS  THE  REQUIRED
ELEMENTS UNDER SUBDIVISION THREE OF THIS SECTION.
  5.  NOT  LATER  THAN THREE MONTHS AFTER THE DATE THE PLAN IS APPROVED,
THE REPRESENTATIVE ORGANIZATION SHALL IMPLEMENT  THE  PAINT  STEWARDSHIP
PROGRAM.
  6.  ON  OR  BEFORE  MARCH  FIRST, TWO THOUSAND SEVENTEEN, THE PROPOSED
UNIFORM PAINT STEWARDSHIP ASSESSMENT FOR ALL ARCHITECTURAL PAINT SOLD IN
THE STATE SHALL BE REVIEWED BY AN INDEPENDENT AUDITOR TO ASSURE THAT THE
ASSESSMENT IS CONSISTENT  WITH  THE  BUDGET  OF  THE  PAINT  STEWARDSHIP
PROGRAM  DESCRIBED  IN  THIS  SECTION  AND THE INDEPENDENT AUDITOR SHALL
RECOMMEND AN AMOUNT FOR THE PAINT STEWARDSHIP ASSESSMENT TO THE  DEPART-
MENT.  THE  DEPARTMENT  SHALL  APPROVE  THE PAINT STEWARDSHIP ASSESSMENT
BASED UPON THE INDEPENDENT AUDITOR'S  RECOMMENDATION.    THE  DEPARTMENT
SHALL  BE RESPONSIBLE FOR THE APPROVAL OF SUCH PAINT STEWARDSHIP ASSESS-
MENT BASED UPON THE INDEPENDENT AUDITOR'S RECOMMENDATION. IF  THE  PAINT
STEWARDSHIP ASSESSMENT PREVIOUSLY APPROVED BY THE DEPARTMENT PURSUANT TO
THIS  SECTION  IS PROPOSED TO BE CHANGED, THE PRODUCER OR REPRESENTATIVE
ORGANIZATION SHALL SUBMIT THE NEW, ADJUSTED  UNIFORM  PAINT  STEWARDSHIP
ASSESSMENT  TO  AN INDEPENDENT AUDITOR FOR REVIEW. AFTER SUCH REVIEW HAS
BEEN COMPLETED, THE PRODUCER OR REPRESENTATIVE ORGANIZATION SHALL SUBMIT
THE RESULTS OF SAID AUDITOR'S REVIEW AND A PROPOSAL TO AMEND  THE  PAINT
STEWARDSHIP  ASSESSMENT  TO  THE  DEPARTMENT  FOR REVIEW. THE DEPARTMENT
SHALL REVIEW AND APPROVE, IN WRITING,  THE  ADJUSTED  PAINT  STEWARDSHIP
ASSESSMENT  BEFORE  THE  NEW ASSESSMENT CAN BE IMPLEMENTED. ANY PROPOSED
CHANGES TO THE PAINT STEWARDSHIP ASSESSMENT SHALL BE  SUBMITTED  TO  THE
DEPARTMENT  NO  LATER  THAN SIXTY DAYS PRIOR TO THE DATE THE PRODUCER OR
REPRESENTATIVE ORGANIZATION ANTICIPATES THE ADJUSTED ASSESSMENT TO  TAKE
EFFECT.
  7.  ON  AND  AFTER THE DATE OF IMPLEMENTATION OF THE PAINT STEWARDSHIP
PROGRAM PURSUANT TO THIS SECTION, THE PAINT STEWARDSHIP ASSESSMENT SHALL
BE ADDED TO THE COST OF ALL ARCHITECTURAL PAINT SOLD  TO  RETAILERS  AND
DISTRIBUTORS  IN THE STATE BY EACH PRODUCER. ON AND AFTER SUCH IMPLEMEN-
TATION DATE, EACH RETAILER OR DISTRIBUTOR, AS APPLICABLE, SHALL ADD  THE
AMOUNT OF SUCH PAINT STEWARDSHIP ASSESSMENT TO THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  8.  ANY  RETAILER  MAY  PARTICIPATE,  ON A VOLUNTARY BASIS, AS A PAINT
COLLECTION POINT PURSUANT TO  SUCH  PAINT  STEWARDSHIP  PROGRAM  AND  IN
ACCORDANCE WITH ANY APPLICABLE PROVISION OF LAW OR REGULATION.
  9.  EACH  PRODUCER AND THE REPRESENTATIVE ORGANIZATION SHALL BE IMMUNE
FROM LIABILITY FOR ANY CLAIM OF A VIOLATION OF ANTITRUST LAW  OR  UNFAIR
TRADE  PRACTICE  IF SUCH CONDUCT IS A VIOLATION OF ANTITRUST LAW, TO THE
EXTENT  SUCH  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  IS  EXERCISING
AUTHORITY PURSUANT TO THE PROVISIONS OF THIS SECTION.
  10.  NOT  LATER  THAN THE IMPLEMENTATION DATE OF THE PAINT STEWARDSHIP
PROGRAM, THE DEPARTMENT SHALL LIST THE NAMES OF PARTICIPATING  PRODUCERS
AND  THE BRANDS OF ARCHITECTURAL PAINT COVERED BY SUCH PAINT STEWARDSHIP
PROGRAM ON ITS WEBSITE.
  11. (A) ON AND AFTER THE IMPLEMENTATION DATE OF THE PAINT  STEWARDSHIP
PROGRAM,  NO  PRODUCER,  DISTRIBUTOR OR RETAILER SHALL SELL OR OFFER FOR
SALE ARCHITECTURAL PAINT TO ANY PERSON IN THE STATE IF THE  PRODUCER  OF
SUCH ARCHITECTURAL PAINT IS NOT A MEMBER OF THE REPRESENTATIVE ORGANIZA-
TION.
  (B)  NO  RETAILER  OR DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
THE PROVISIONS OF THIS SECTION IF, ON THE DATE THE  ARCHITECTURAL  PAINT
WAS  ORDERED FROM THE PRODUCER OR ITS AGENT, THE PRODUCER OR THE SUBJECT

S. 6408--B                         51

BRAND OF ARCHITECTURAL PAINT WAS LISTED ON THE DEPARTMENT'S  WEBSITE  IN
ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
  12. PRODUCERS OR THE REPRESENTATIVE ORGANIZATION SHALL PROVIDE RETAIL-
ERS  WITH  EDUCATIONAL MATERIALS REGARDING THE PAINT STEWARDSHIP ASSESS-
MENT AND PAINT STEWARDSHIP PROGRAM TO BE DISTRIBUTED  AT  THE  POINT  OF
SALE  TO  THE CONSUMER. SUCH MATERIALS SHALL INCLUDE, BUT NOT BE LIMITED
TO, INFORMATION REGARDING AVAILABLE END-OF-LIFE MANAGEMENT  OPTIONS  FOR
ARCHITECTURAL  PAINT  OFFERED  THROUGH THE PAINT STEWARDSHIP PROGRAM AND
INFORMATION THAT NOTIFIES CONSUMERS THAT A CHARGE FOR THE  OPERATION  OF
SUCH  PAINT STEWARDSHIP PROGRAM IS INCLUDED IN THE PURCHASE PRICE OF ALL
ARCHITECTURAL PAINT SOLD IN THE STATE.
  13. ON OR BEFORE OCTOBER FIFTEENTH, TWO THOUSAND EIGHTEEN, AND ANNUAL-
LY THEREAFTER, EACH OPERATOR OF A PROGRAM SHALL SUBMIT A REPORT  TO  THE
COMMISSIONER  THAT  DETAILS  THE PAINT STEWARDSHIP PROGRAM FOR THE PRIOR
YEAR'S PROGRAM FROM JULY FIRST TO JUNE THIRTIETH.    SAID  REPORT  SHALL
INCLUDE  A  COPY  OF  THE INDEPENDENT AUDIT DETAILED IN PARAGRAPH (D) OF
THIS SUBDIVISION. SUCH ANNUAL REPORT SHALL INCLUDE:
  (A) A DETAILED DESCRIPTION OF THE METHODS USED TO  COLLECT,  TRANSPORT
AND  PROCESS  POST-CONSUMER  PAINT  IN  THE  STATE  INCLUDING  DETAILING
COLLECTION METHODS MADE AVAILABLE TO CONSUMERS AND AN EVALUATION OF  THE
PROGRAM'S COLLECTION CONVENIENCE;
  (B) THE OVERALL VOLUME OF POST-CONSUMER PAINT COLLECTED IN THE STATE;
  (C)  THE VOLUME AND TYPE OF POST-CONSUMER PAINT COLLECTED IN THE STATE
BY METHOD OF DISPOSITION, INCLUDING REUSE, RECYCLING AND  OTHER  METHODS
OF PROCESSING OR DISPOSAL;
  (D)  THE  TOTAL  COST OF IMPLEMENTING THE PROGRAM, AS DETERMINED BY AN
INDEPENDENT FINANCIAL AUDIT, AS PERFORMED BY AN INDEPENDENT AUDITOR;
  (E) AN EVALUATION OF THE ADEQUACY OF THE PROGRAM'S FUNDING MECHANISM;
  (F) SAMPLES OF ALL EDUCATIONAL  MATERIALS  PROVIDED  TO  CONSUMERS  OF
ARCHITECTURAL PAINT AND RETAILERS;
  (G)  A  DETAILED  LIST  OF EFFORTS UNDERTAKEN AND AN EVALUATION OF THE
METHODS USED TO DISSEMINATE SUCH MATERIALS INCLUDING RECOMMENDATIONS, IF
ANY, FOR HOW THE EDUCATIONAL COMPONENT OF THE PROGRAM CAN  BE  IMPROVED;
AND
  (H)  THE  ANNUAL REPORT SHALL BE ACCOMPANIED BY A FEE IN THE AMOUNT OF
THREE THOUSAND DOLLARS TO BE DEPOSITED INTO THE ENVIRONMENTAL REGULATORY
ACCOUNT, ESTABLISHED PURSUANT TO SECTION  72-1009  OF  THIS  CHAPTER  TO
COVER THE REVIEW OF SAID PLAN BY THE DEPARTMENT.
  14.  THE REPRESENTATIVE ORGANIZATION SHALL UPDATE THE PLAN, AS NEEDED,
WHEN THERE ARE CHANGES PROPOSED TO THE CURRENT PROGRAM. A  NEW  PLAN  OR
AMENDMENT  WILL  BE  REQUIRED  TO  BE  SUBMITTED  TO  THE DEPARTMENT FOR
APPROVAL WHEN:
  (A) THERE IS A CHANGE TO THE AMOUNT OF THE ASSESSMENT; OR
  (B) THERE IS AN ADDITION TO THE PRODUCTS COVERED UNDER THE PROGRAM; OR
  (C) THERE IS A REVISION  OF  THE  PRODUCT  STEWARDSHIP  ORGANIZATION'S
GOALS; OR
  (D) EVERY FOUR YEARS, IF REQUESTED, IN WRITING, BY THE DEPARTMENT.
  THE OPERATOR OF THE PAINT STEWARDSHIP PROGRAM SHALL NOTIFY THE DEPART-
MENT  ANNUALLY,  IN  WRITING,  IF  THERE  ARE NO CHANGES PROPOSED TO THE
PROGRAM AND THE  PRODUCER  OR  REPRESENTATIVE  ORGANIZATION  INTENDS  TO
CONTINUE  IMPLEMENTATION  OF  THE  PROGRAM AS PREVIOUSLY APPROVED BY THE
DEPARTMENT.
S 27-2005. REGULATIONS.
  THE DEPARTMENT IS HEREBY AUTHORIZED  TO  PROMULGATE  RULES  AND  REGU-
LATIONS AS MAY BE NECESSARY TO IMPLEMENT AND CARRY OUT THE PROVISIONS OF
THIS TITLE.

S. 6408--B                         52

S 27-2007. REPORTING.
  NOT LATER THAN JANUARY FIFTEENTH, TWO THOUSAND NINETEEN, AND BIENNIAL-
LY THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE LEGISLATURE
AND  THE GOVERNOR THAT DESCRIBES THE RESULTS AND ACTIVITIES OF THE PAINT
STEWARDSHIP PROGRAM AS ENACTED PURSUANT  TO  THIS  TITLE  INCLUDING  ANY
RECOMMENDATIONS  TO  IMPROVE THE FUNCTIONING AND EFFICIENCY OF THE PAINT
STEWARDSHIP PROGRAM, AS NECESSARY.
  S 2. The environmental conservation law is amended  by  adding  a  new
section 71-2730 to read as follows:
S 71-2730. ENFORCEMENT OF TITLE 20 OF ARTICLE 27 OF THIS CHAPTER.
  1. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE COMMIS-
SIONER  AFTER  A  HEARING  OR  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE
PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR SHALL BE  ASSESSED  BY
THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO THIS SECTION. IN ADDI-
TION  TO  ANY  CIVIL PENALTIES, ANY PERSON, RETAILER OR MANUFACTURER, AS
THOSE TERMS ARE DEFINED IN SECTION 27-1803 OF THIS CHAPTER, MAY BY SIMI-
LAR PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION.
  2. ALL PENALTIES COLLECTED PURSUANT TO THIS SECTION SHALL BE PAID OVER
TO THE COMMISSIONER FOR DEPOSIT TO  THE  ENVIRONMENTAL  PROTECTION  FUND
ESTABLISHED PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
  S 3. This act shall take effect immediately.

                                 PART CC

  Section  1.  The opening paragraph of subdivision 8 of section 27-2605
of the environmental conservation law, is designated paragraph (a) and a
new paragraph (b) is added to read as follows:
  (B) ANY ELECTRONIC WASTE COLLECTION  SITE,  ELECTRONIC  WASTE  CONSOL-
IDATION  FACILITY,  ELECTRONIC  WASTE RECYCLING FACILITY OR COUNTY WHICH
COLLECTS, HANDLES, AND/OR RECYCLES OR REUSES ANY ITEM OF  COVERED  ELEC-
TRONIC  EQUIPMENT MAY SUBMIT AN APPLICATION TO THE COMMISSIONER, IN SUCH
FORM AND CONTAINING SUCH INFORMATION AS THE  COMMISSIONER  MAY  REQUIRE,
FOR  STATE  ASSISTANCE PAYMENTS TOWARD THE COST OF COLLECTING, HANDLING,
AND/OR RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIPMENT INCURRED WITH-
IN THE STATE WHEN SUCH COVERED ELECTRONIC EQUIPMENT WAS  NOT  COLLECTED,
HANDLED  AND/OR  RECYCLED  OR REUSED PURSUANT TO SECTION 27-2603 OF THIS
TITLE. THE COMMISSIONER SHALL REVIEW SUCH APPLICATION AND SHALL  APPROVE
SUCH  APPLICATION  FOR  THE  ACTUAL COST OF COLLECTING, HANDLING, AND/OR
RECYCLING OR REUSE OF COVERED ELECTRONIC EQUIPMENT INCURRED  WITHIN  THE
STATE.    COMPENSATION  PURSUANT  TO THIS PARAGRAPH SHALL BE PAID WITHIN
THIRTY DAYS OF RECEIPT OF  AN  APPLICATION  THEREFOR  SUBMITTED  TO  THE
DEPARTMENT,  IN SUCH FORM AND HAVING SUCH CONTENT AS SHALL BE DETERMINED
BY THE COMMISSIONER IN RULES AND REGULATIONS.
  S 2. Paragraph (b) of subdivision 6  of  section  92-s  of  the  state
finance  law,  as amended by chapter 432 of the laws of 1997, is amended
to read as follows:
  (b) Moneys from the solid waste account shall be  available,  pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project;  municipal  waste reduction or recycling project, as defined in
article fifty-four  of  the  environmental  conservation  law;  for  the
purposes  of  section  two  hundred  sixty-one  and  section two hundred
sixty-four of the economic development law; any project for the develop-
ment, updating or revision of local solid waste management plans  pursu-
ant  to  sections  27-0107 and 27-0109 of the environmental conservation
law; [and] for the development of the pesticide sales and use data  base

S. 6408--B                         53

in conjunction with Cornell University pursuant to title twelve of arti-
cle  thirty-three  of  the  environmental  conservation law; AND FOR THE
PAYMENT OF THE COSTS OF THE COLLECTION, HANDLING, AND/OR  RECYCLING  AND
REUSE OF ELECTRONIC WASTE PURSUANT TO PARAGRAPH (B) OF SUBDIVISION EIGHT
OF SECTION 27-2605 OF THE ENVIRONMENTAL CONSERVATION LAW.
  S  3. Subdivision 8 of section 92-s of the state finance law, as added
by chapter 610 of the laws of 1993, is amended to read as follows:
  8. All payments of moneys from the fund shall be made on the audit and
warrant of the comptroller;  PROVIDED,  HOWEVER,  THAT  THE  COMPTROLLER
SHALL, DURING EACH QUARTER, ALLOCATE MONEYS FROM THE SOLID WASTE ACCOUNT
TO  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR THE PAYMENT OF
CLAIMS FOR COMPENSATION ANTICIPATED TO BE SUBMITTED, PURSUANT  TO  PARA-
GRAPH  (B)  OF SUBDIVISION EIGHT OF SECTION 27-2605 OF THE ENVIRONMENTAL
CONSERVATION LAW, DURING SUCH QUARTER.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the  date  on  which it shall have become a law, and shall apply to
electronic waste collected, handled, and/or recycled and  reused  on  or
after  January  1,  2016; provided, however, that effective immediately,
the addition, amendment and/or repeal of any rule or  regulation  neces-
sary for the implementation of this act on its effective date is author-
ized  and  directed to be made and completed on or before such effective
date.

                                 PART DD

  Section 1. Notwithstanding any provision of subdivision 2  of  section
27-1405  of  the environmental conservation law to the contrary, for the
purposes of title 14 of article 27 of such  law,  "brownfield  site"  or
"site"  shall  include  any  real property previously owned by the state
that has been transitioned or is being transitioned to  private  use  or
ownership, the redevelopment or reuse of which may be complicated by the
presence  of  asbestos.  Such  terms  shall not include real property as
specified in paragraphs (a) through (e)  of  subdivision  2  of  section
27-1405 of the environmental conservation law.
  S 2. This act shall take effect immediately.

                                 PART EE

  Section  1.  Subdivision (a) of section 1115 of the tax law is amended
by adding a new paragraph 44 to read as follows:
  (44) ELECTRIC VEHICLES AND ZERO EMISSIONS VEHICLES.  (A)  AS  USED  IN
THIS  PARAGRAPH,  "ELECTRIC  VEHICLE" MEANS AN ELIGIBLE VEHICLE, AS SUCH
TERM IS DEFINED IN PARAGRAPH (B) OF SUBDIVISION TWO OF SECTION  EIGHTEEN
HUNDRED  EIGHTY-FOUR OF THE PUBLIC AUTHORITIES LAW, PURCHASED AND REGIS-
TERED IN NEW YORK STATE.
  (B) AS USED IN THIS PARAGRAPH, "ZERO EMISSION VEHICLE" MEANS  A  VEHI-
CLE,  PURCHASED  AND REGISTERED IN NEW YORK STATE, MEETING THE STANDARDS
PROVIDED IN 40 CFR 88.104-94(G).
  S 2. Subdivision (d) of section 306 of the vehicle and traffic law, as
amended by chapter 608 of the laws  of  1993,  is  amended  to  read  as
follows:
  (d) No person shall issue a certificate or certificates of inspection,
inspection extension, or rejection notice without having made a complete
inspection  or  inspections in conformity with the rules and regulations
established by the commissioner, or shall wilfully issue  a  certificate
or  certificates  of  inspection for a motor vehicle, the mechanisms and

S. 6408--B                         54

other equipment or emissions of which do not comply with  the  standards
prescribed  by the rules and regulations established by the commissioner
or the commissioner of environmental conservation, or wilfully  issue  a
certificate of inspection extension or rejection notice when the item or
items  of  inspection  conform to the standards established by the regu-
lations  of  the  commissioner  or  wilfully  issue  a  certificate   of
inspection  extension or rejection notice for an item or items for which
inspection is not required  by  the  regulations  of  the  commissioner;
PROVIDED,  HOWEVER,  THAT ANY ELECTRIC VEHICLE OR ZERO EMISSIONS VEHICLE
WITH AN ENVIRONMENTAL PROTECTION AGENCY FUEL EFFICIENCY RATING OF  FORTY
MILES  PER GALLON OR HIGHER, SHALL BE EXEMPT FROM THE PROVISIONS OF THIS
SUBDIVISION.
  S 3. The public authorities law is amended by  adding  a  new  section
1884 to read as follows:
  S  1884.  ZERO  EMISSION  VEHICLE  REBATE  PROGRAM. 1. THERE IS HEREBY
ESTABLISHED WITHIN THE AUTHORITY A ZERO EMISSION  VEHICLE  (ZEV)  REBATE
PROGRAM. THE PURPOSE OF THE PROGRAM SHALL BE TO PROMOTE CLEAN TECHNOLOGY
VEHICLES THAT CREATE ENVIRONMENTAL BENEFITS, CONTRIBUTE TO THE NUMBER OF
VEHICLES  ON  THE  ROAD  TO  FULFILL  NEW  YORK'S  CONTRIBUTION  TO  THE
MULTI-STATE COMPACT TO HAVE THREE MILLION THREE  HUNDRED  THOUSAND  ZERO
EMISSION  VEHICLES ON THE ROAD BY TWO THOUSAND TWENTY-FIVE, AND CONTRIB-
UTE TO THE ECONOMIC GROWTH OF THE STATE.
  2. FOR PURPOSES OF THIS SECTION:
  (A) "ELIGIBLE PURCHASE" MEANS AND INCLUDES A TRANSACTION  INVOLVING  A
TRADE  IN  OF A NON-ELIGIBLE VEHICLE, IN ORDER TO COMPLETE A PURCHASE TO
OWN OR A LEASE OF NOT LESS THAN THIRTY-SIX MONTHS OF AN  ELIGIBLE  VEHI-
CLE, PURCHASED AND REGISTERED IN NEW YORK STATE, AND PLACED INTO SERVICE
ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
  (B)  "ELIGIBLE VEHICLE" MEANS AND INCLUDES A NEW LIGHT-DUTY MOTOR ZERO
EMISSIONS VEHICLE AS DEFINED IN 40 CFR 88.104-94(G) THAT:
  (I) HAS FOUR WHEELS;
  (II) WAS MANUFACTURED FOR USE PRIMARILY ON PUBLIC STREETS,  ROADS  AND
HIGHWAYS;
  (III)  THE POWERTRAIN OF WHICH HAS NOT BEEN MODIFIED FROM THE ORIGINAL
MANUFACTURER'S SPECIFICATIONS;
  (IV) IS RATED AT NOT MORE THAN  EIGHT  THOUSAND  FIVE  HUNDRED  POUNDS
UNLOADED VEHICLE WEIGHT;
  (V)  HAS  A  MAXIMUM SPEED CAPABILITY OF AT LEAST FIFTY-FIVE MILES PER
HOUR;
  (VI) HAS A MANUFACTURER'S SUGGESTED RETAIL  PRICE  OF  SIXTY  THOUSAND
DOLLARS OR LESS; AND
  (VII)  IS PROPELLED TO A SIGNIFICANT EXTENT BY A HYDROGEN FUEL CELL OR
OTHER ZERO EMISSIONS RATED MOTOR AS DEFINED IN 40 CFR  88.104-94(G),  OR
AN ELECTRIC MOTOR THAT DRAWS ELECTRICITY FROM A BATTERY THAT:
  (A) HAS A CAPACITY OF NOT LESS THAN FOUR KILOWATT HOURS; AND
  (B) IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF ELECTRIC-
ITY.
  3.  THE AUTHORITY SHALL AWARD REBATES FOR ELIGIBLE VEHICLES IN AMOUNTS
AS DETERMINED BY THIS SECTION. AN APPLICANT IS  ELIGIBLE  TO  RECEIVE  A
MAXIMUM OF ONE REBATE PER YEAR.
  4. THE AUTHORITY SHALL DETERMINE THE REBATE ELIGIBILITY OF EACH APPLI-
CANT  IN  ACCORDANCE  WITH  THE  REQUIREMENTS  OF THIS SECTION AND RULES
PROMULGATED BY THE AUTHORITY.  THE TOTAL AMOUNT OF REBATES ALLOCATED  TO
CERTIFIED  APPLICANTS IN EACH FISCAL YEAR SHALL NOT EXCEED THE AMOUNT OF
FUNDS AVAILABLE FOR THE PROGRAM IN THAT FISCAL YEAR.  REBATES  SHALL  BE
ALLOCATED  TO APPLICANTS ON A FIRST-COME, FIRST-SERVED BASIS, DETERMINED

S. 6408--B                         55

BY THE DATE THE APPLICATION IS RECEIVED, UNTIL  ALL  APPROPRIATED  FUNDS
FOR  THE  FISCAL  YEAR ARE EXPENDED OR THE PROGRAM ENDS, WHICHEVER COMES
FIRST. THE AUTHORITY SHALL HAVE AUTHORITY  TO  REDUCE  ELIGIBLE  VEHICLE
REBATE  AMOUNTS  FROM THE AMOUNTS SPECIFIED IN SUBDIVISION SEVEN OF THIS
SECTION. SUCH REDUCTION SHALL OCCUR  ONLY  IF  THE  AUTHORITY  FORECASTS
FUNDS WOULD BE EXHAUSTED PRIOR TO THE END OF A FISCAL YEAR.
  5.  THE  AUTHORITY  SHALL PROMULGATE RULES TO IMPLEMENT AND ADMINISTER
THIS SECTION ON OR  BEFORE  OCTOBER  FIFTEENTH,  TWO  THOUSAND  SIXTEEN,
INCLUDING  RULES  RELATING TO THE FORMS REQUIRED TO CLAIM A REBATE UNDER
THIS SECTION, THE REQUIRED  DOCUMENTATION  AND  BASIS  FOR  ESTABLISHING
ELIGIBILITY  FOR  A  REBATE,  PROCEDURES  AND  GUIDELINES FOR CLAIMING A
REBATE, AND THE COLLECTION OF ECONOMIC IMPACT DATA FROM APPLICANTS.
  6. THE AUTHORITY SHALL DETERMINE AND PUBLISH  ON  ITS  WEBSITE  ON  AN
ONGOING  BASIS  THE AMOUNT OF AVAILABLE FUNDING FOR REBATES REMAINING IN
EACH FISCAL YEAR.
  7. (A) THE PURCHASER OR LESSEE OF AN ELIGIBLE VEHICLE MAY BE  ELIGIBLE
FOR ONLY ONE OF THE REBATES SPECIFIED IN THIS PARAGRAPH:
  (I)  A  PERSON  WHO  PURCHASES  OR  LEASES  A NEW ELIGIBLE VEHICLE MAY
RECEIVE UP TO A TWO THOUSAND FIVE HUNDRED DOLLAR REBATE IF  THE  BATTERY
CAPACITY  OF THE ELIGIBLE VEHICLE IS TEN KILOWATT HOURS OR GREATER OR IS
A HYDROGEN FUEL CELL OR OTHER ZERO EMISSIONS RATED MOTOR AS  DEFINED  IN
40 CFR 88.104-94(G); OR
  (II)  A  PERSON  WHO  PURCHASES  OR  LEASES A NEW ELIGIBLE VEHICLE MAY
RECEIVE UP TO A ONE THOUSAND FIVE HUNDRED DOLLAR REBATE IF  THE  BATTERY
CAPACITY  IS  FOUR KILOWATT HOURS OR GREATER, BUT LESS THAN TEN KILOWATT
HOURS.
  (B) INCENTIVES SHALL BE APPLIED FOR  USING  THE  FORMS  DEVELOPED  AND
PROVIDED BY THE AUTHORITY AND SHALL INCLUDE THE VERIFICATION OF PURCHASE
OR LEASE BY THE DEALER.
  (C)  ANY  REBATES  SHALL  BE LESS ANY SALES TAX EXEMPTION FOR ELECTRIC
VEHICLES AND ZERO EMISSIONS  VEHICLES  PROVIDED  PURSUANT  TO  PARAGRAPH
FORTY-FOUR  OF  SUBDIVISION (A) OF SECTION ELEVEN HUNDRED FIFTEEN OF THE
TAX LAW.
  S 4. This act shall take effect immediately, except that  section  one
of this act shall take effect July 1, 2016.

                                 PART FF

  Section  1. Paragraph (a) of subdivision 4 of section 174 of the navi-
gation law, as amended by section 1 of part X of chapter 58 of the  laws
of 2015, is amended to read as follows:
  (a) The license fee shall be nine and one-half cents per barrel trans-
ferred, UNLESS THE MAJOR FACILITY IS LOCATED WITHIN ONE MILE OF A FACIL-
ITY  IN  AN ADJOINING STATE, WHICH IF SUCH FACILITY IN ANOTHER STATE WAS
LOCATED IN THIS STATE WOULD BE A MAJOR FACILITY, THEN SUCH FEE SHALL  BE
ONE  CENT PER BARREL TRANSFERRED, provided, however, that the fee on any
barrel, including any products derived therefrom,  subject  to  multiple
transfer,  shall  be  imposed  only once at the point of first transfer.
Provided further, the license fee for major facilities that (i) transfer
barrels for their own use, and (ii) do not sell or transfer the  product
subject  to  such license fee, shall be eight cents. In each fiscal year
following any year in which the balance of the  account  established  by
paragraph  (a) of subdivision two of section one hundred seventy-nine of
this article equals or exceeds forty million  dollars,  no  license  fee
shall  be imposed unless (a) the current balance in such account is less
than thirty-five million dollars or  (b)  pending  claims  against  such

S. 6408--B                         56

account exceed fifty percent of the existing balance of such account. In
the  event  of  either such occurrence and upon certification thereof by
the state comptroller, the administrator shall within ten  days  of  the
date  of  such  certification reimpose the license fee, which shall take
effect on the first day of the month following such relevy. The rate may
be set at less than nine and one-half cents per  barrel  transferred  if
the  administrator  determines  that  the revenue produced by such lower
rate shall be sufficient to pay outstanding claims against such  account
within  one  year  of  such  imposition  of the license fee. Should such
account exceed forty million dollars,  as  a  result  of  interest,  the
administrator  and  the commissioner of environmental conservation shall
report to the legislature and the governor concerning  the  options  for
the  use  of  such interest. The fee established by this paragraph shall
not be imposed upon any barrel which is  transferred  to  a  land  based
facility  but  thereafter  exported  from this state for use outside the
state and is shipped to  facilities  outside  the  state  regardless  of
whether the delivery or sale of such petroleum occurs in this state.
  S  2. Subdivision 4 of section 174 of the navigation law is amended by
adding a new paragraph (e) to read as follows:
  (E) NOTWITHSTANDING PARAGRAPH (D) OF THIS SUBDIVISION,  THE  SURCHARGE
ESTABLISHED  BY  PARAGRAPH  (B)  OF  THIS  SUBDIVISION  SHALL BE ONE AND
ONE-HALF CENTS PER BARREL FOR ANY BARREL  THAT  IS  TRANSFERRED  INTO  A
MAJOR  FACILITY  LOCATED  WITHIN  ONE MILE OF A FACILITY IN AN ADJOINING
STATE, WHICH IF SUCH FACILITY IN ANOTHER STATE WAS LOCATED IN THIS STATE
WOULD BE A MAJOR FACILITY, AND THEREAFTER EXPORTED FROM THIS  STATE  FOR
USE OUTSIDE THE STATE AS DESCRIBED BY PARAGRAPH (A) OF THIS SUBDIVISION.
  S 3. This act shall take effect immediately.

                                 PART GG

  Section  1.  Paragraph  d  of  subdivision 3 of section 33-0905 of the
environmental conservation law, as amended by section 1  of  part  U  of
chapter 59 of the laws of 2004, is amended to read as follows:
  d.  Except  as  provided  in  [paragraphs] PARAGRAPH e [and f] of this
subdivision, pesticide applicator  certifications  shall  be  valid  for
three  years  after  which every applicator shall recertify according to
the requirements then  in  effect.  Certification  identification  cards
shall be valid for three years.
  S  2.  Paragraph f of subdivision 3 of section 33-0905 of the environ-
mental conservation law is REPEALED.
  S 3. Subdivision 2 of section 33-0911 of the  environmental  conserva-
tion  law,  as amended by section 3 of part YY of chapter 59 of the laws
of 2009, is amended to read as follows:
  2. [a. Except as provided in paragraph b of  this  subdivision,  fees]
FEES  for pesticide applicator certification shall be four hundred fifty
dollars for commercial pesticide applicator certification in  one  indi-
vidual  category, one hundred fifty dollars for each additional category
and one hundred fifty dollars for each additional  sub-category  chosen.
For  private  applicators  a  fee of twenty-five dollars for the initial
certified private applicator and five dollars for subsequent applicators
on the same farm or business shall be charged at  the  time  of  initial
certification, renewal of certification or recertification.
  [b.  Fees  for  pesticide  applicator  certification  for a commercial
pesticide applicator with only subcategory 3A-ornamentals,  shade  trees
and turf or only subcategory 3B-turf shall be two hundred dollars.]

S. 6408--B                         57

  S 4. This act shall take effect immediately and shall apply to certif-
ications issued on or after such date.

                                 PART HH

  Section  1. Subdivision 4 of section 1 of part SS of chapter 58 of the
laws of 2015, relating to requiring the New York state  energy  research
and development authority to develop standards and/or criteria that will
encourage  and  increase  issuance  of  loans  to low-to-moderate income
households for qualified energy efficiency services, is amended to  read
as follows:
  4.  The  authority  shall  continue  to  offer  financing, pursuant to
section 1896 of the public authorities law, through  the  green  jobs  -
green  New  York program for qualified energy efficiency services to all
classes and types of persons and entities which were eligible  to  apply
for the program prior to January 1, 2015 through March 31, [2016] 2017.
  S 2. This act shall take effect immediately.

                                 PART II

  Section  1.  The public service law is amended by adding a new section
65-c to read as follows:
  S 65-C. EXTENDING NATURAL GAS DELIVERIES TO UNSERVED  AND  UNDERSERVED
AREAS. 1. PETITION. NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN,
OR  SIXTY  DAYS  AFTER  THE EFFECTIVE DATE OF THIS SECTION, WHICHEVER IS
LATER, EACH NATURAL GAS DISTRIBUTION COMPANY SHALL FILE A PETITION  WITH
THE  COMMISSIONER  PROPOSING A PILOT OR PERMANENT PROGRAM, INCLUDING ANY
NECESSARY TARIFFS,  TO  EXTEND  NATURAL  GAS  DISTRIBUTION  SERVICE  FOR
END-USERS  TO  UNSERVED  OR  UNDERSERVED  AREAS  WITHIN ITS CERTIFICATED
SERVICE TERRITORY.
  2. PROGRAM REQUIREMENTS. A PROPOSED PROGRAM SHALL INCLUDE:
  (A) A PROCESS FOR MANAGING AND  PRIORITIZING  CUSTOMER  REQUESTS  FROM
END-USERS FOR EXTENSIONS OF THE NATURAL GAS DISTRIBUTION SYSTEM;
  (B) A COST-BENEFIT ANALYSIS TO DETERMINE IF A CUSTOMER CONTRIBUTION IS
REQUIRED;
  (C)  A  METHOD  FOR  DETERMINING  THE  AMOUNT  OF  A REQUIRED CUSTOMER
CONTRIBUTION IN AID OF CONSTRUCTION;
  (D) A PROGRAM TO ENHANCE THE AFFORDABILITY OF  REQUIRED  CONTRIBUTIONS
IN AID OF CONSTRUCTION TO CUSTOMERS, INCLUDING THE FOLLOWING PROVISIONS:
  (I)  THE  PROGRAM SHALL PROVIDE FOR ON-BILL FINANCING FOR A TERM OF NO
LESS THAN FIVE YEARS;
  (II) A CUSTOMER SHALL BE ABLE TO PAY A REQUIRED CUSTOMER  CONTRIBUTION
IN FULL AT ANY TIME, WITHOUT INCURRING PENALTIES OR FEES; AND
  (III)  THE  FORM  OF  FINANCING  MAY  INCLUDE A SURCHARGE, THIRD-PARTY
FINANCING OR ANY OTHER METHOD OF RECOVERY APPROVED BY THE COMMISSION;
  (E) A PROVISION OUTLINING WHETHER AND HOW REFUNDS OR CREDITS  WILL  BE
PROVIDED  TO  CUSTOMERS  AS  OTHER  CUSTOMERS  RECEIVE  SERVICE  FROM  A
COMPLETED DISTRIBUTION SYSTEM EXTENSION PROJECT;
  (F) A PROVISION ADDRESSING THE TREATMENT AND ELIGIBILITY OF  CUSTOMERS
PARTICIPATING  IN  A CUSTOMER ASSISTANCE PROGRAM WHO REQUEST AND RECEIVE
SERVICE FROM A DISTRIBUTION SYSTEM EXTENSION PROJECT;
  (G) A PROVISION ADDRESSING SITUATIONS WHERE A CUSTOMER FAILS TO PAY  A
REQUIRED SURCHARGE OR OTHER ON-BILL FINANCING MECHANISM;
  (H)  A CUSTOMER'S NATURAL GAS DISTRIBUTION SERVICE SHALL NOT BE TERMI-
NATED SOLELY FOR NONPAYMENT OF A SURCHARGE OR  OTHER  ON-BILL  FINANCING
MECHANISM; AND

S. 6408--B                         58

  (I)  ANY  OTHER  PROVISIONS  THAT  WILL  PROMOTE ECONOMIC DISTRIBUTION
SYSTEM EXTENSION TO END-USERS IN UNSERVED AND  UNDERSERVED  AREAS  IN  A
MANNER THAT IS AFFORDABLE TO CUSTOMERS.
  3. COMMISSION REVIEW. THE COMMISSION:
  (A)  SHALL REVIEW A PETITION FILED PURSUANT TO SUBDIVISION ONE OF THIS
SECTION, AFTER PROVIDING NOTICE AND AN OPPORTUNITY TO BE HEARD  AND  MAY
APPROVE,  DISAPPROVE  OR  MODIFY  THE  FILING PURSUANT TO ITS PROCEDURAL
RULES;
  (B) MAY  ESTABLISH  PERIODIC  REPORTING  REQUIREMENTS  TO  REVIEW  THE
PERFORMANCE AND EFFECTIVENESS OF A PROGRAM; AND
  (C) SHALL NOT REQUIRE A NATURAL GAS DISTRIBUTION COMPANY TO EXTEND ITS
DISTRIBUTION  SYSTEM  TO  ANY AREA OR CUSTOMER THAT DOES NOT PROVIDE THE
OPPORTUNITY TO EARN A REASONABLE RETURN ON INVESTMENT.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

                                 PART JJ

  Section  1.  The  state finance law is amended by adding a new section
22-d to read as follows:
  S 22-D. STATE TRANSPORTATION PLAN.  1. THE COMMISSIONER OF TRANSPORTA-
TION SHALL DEVELOP BY OCTOBER FIRST, TWO THOUSAND SIXTEEN  A  COMPREHEN-
SIVE, INTERMODAL, LONG-RANGE TRANSPORTATION PLAN FOR THE STATE. THE PLAN
MAY  BE DEVELOPED IN MULTIPLE DOCUMENTS THAT ADDRESS LOGICAL COMPONENTS,
INCLUDING GEOGRAPHIC  AREAS,  MODES  OF  TRANSPORTATION,  TRANSPORTATION
CORRIDORS,  SYSTEMS, AND OTHER DISTINCT SUBJECTS RELEVANT TO TRANSPORTA-
TION PLANNING. THE COMPONENTS OF  THE  PLAN  SHALL  BE  REVISED  AS  THE
COMMISSIONER  OF  TRANSPORTATION  DETERMINES  APPROPRIATE  BUT  SHALL BE
REVISED AT LEAST ONCE ANNUALLY BY OCTOBER FIRST OF EACH ENSUING YEAR. IN
DEVELOPING AND REVISING THE STATE PLAN, THE COMMISSIONER OF  TRANSPORTA-
TION  SHALL  CONFORM  TO THE REQUIREMENTS FOR THE ELIGIBILITY AND USE OF
FEDERAL AND OTHER FUNDS, AS APPLICABLE. UPON APPROVAL OF EACH  COMPONENT
OR  REVISION  OF  THE  PLAN  BY THE COMMISSIONER OF TRANSPORTATION, SUCH
COMMISSIONER SHALL TRANSMIT NOTICE OF THE APPROVAL OF THAT COMPONENT  TO
THE  GOVERNOR  AND  TO  THE LEGISLATURE AND MAKE SUCH COMPONENT PUBLICLY
AVAILABLE.
  2.  IN DEVELOPING AND REVISING THE PLAN, THE COMMISSIONER OF TRANSPOR-
TATION SHALL SEEK PUBLIC REVIEW AND EVALUATION BY ANY  REASONABLE  MEANS
AND SHALL:
  (A)  CONSULT  AND  COOPERATE WITH OFFICIALS AND REPRESENTATIVES OF THE
FEDERAL  GOVERNMENT,  OTHER  GOVERNMENTS,  INTERSTATE  COMMISSIONS   AND
AUTHORITIES, LOCAL AGENCIES AND AUTHORITIES, INTERESTED CORPORATIONS AND
OTHER  ORGANIZATIONS CONCERNING PROBLEMS AFFECTING TRANSPORTATION IN THE
STATE; AND
  (B) REQUEST FROM AN AGENCY OR OTHER UNIT OF THE STATE GOVERNMENT OR OF
A POLITICAL SUBDIVISION OF IT, OR FROM A PUBLIC AUTHORITY,  THE  ASSIST-
ANCE AND DATA THAT MAY BE NECESSARY TO ENABLE THE COMMISSIONER OF TRANS-
PORTATION  TO  CARRY  OUT RESPONSIBILITIES UNDER THIS SECTION; AND EVERY
SUCH ENTITY SHALL PROVIDE THE ASSISTANCE AND DATA REQUESTED.
  3.  COPIES OF THE PLAN, ORIGINAL AND AS REVISED, IN ADDITION TO  BEING
MADE  AVAILABLE ONLINE SHALL BE KEPT ON FILE AS A PUBLIC DOCUMENT IN THE
OFFICE OF THE COMMISSIONER OF TRANSPORTATION AND AT EACH REGIONAL OFFICE
OF THE DEPARTMENT.
  4. THE COMMISSIONER  OF  TRANSPORTATION  SHALL  ANNUALLY  DEVELOP  AND
SUBMIT  TO  THE  GOVERNOR  AND LEGISLATURE, BY OCTOBER THIRTIETH OF EACH
YEAR, A LIST OF PROJECTS SCHEDULED FOR DESIGN,  CONSTRUCTION,  OR  OTHER

S. 6408--B                         59

NECESSARY  ACTIVITIES  FOR  A PERIOD OF NOT LESS THAN FIVE YEARS THAT IS
CONSISTENT WITH  THE  PLAN  DEVELOPED  UNDER  SUBDIVISION  ONE  OF  THIS
SECTION.  THE  LIST  OF  PROJECTS  IS IN ADDITION TO THE LONG-RANGE PLAN
REQUIRED  BY  SUBDIVISION ONE OF THIS SECTION. THE LIST OF PROJECTS MUST
INCLUDE AN ESTIMATE OF FEDERAL, STATE, AND OTHER FUNDS ANTICIPATED TO BE
RECEIVED TO FUND EACH PROJECT; A DESCRIPTION, LOCATION, AND  ITEMIZATION
OF  THE  ESTIMATED COST FOR EACH PROJECT; AND A DISBURSEMENT SCHEDULE OF
COSTS OVER EACH PROJECT'S LIFE.  PROJECT LISTING INFORMATION RELATED  TO
COST  AND DISBURSEMENT SCHEDULE SHALL BE PUBLICLY AVAILABLE FOR DOWNLOAD
INTO AN EXCEL FILE FORMAT.
  5.  THE LIST OF PROJECTS AND PROJECT  INFORMATION  ANNUALLY  DEVELOPED
UNDER  SUBDIVISION  FOUR OF THIS SECTION SHALL BE UPDATED TO REFLECT THE
EXECUTIVE PROPOSED BUDGET AND SUBMITTED CONCURRENTLY WITH THE  EXECUTIVE
BUDGET,  IN  ADDITION TO THE INFORMATION REQUIRED BY SECTIONS TWENTY-TWO
AND TWENTY-TWO-C OF THIS ARTICLE. SUCH LIST OF PROJECTS AND ANY  PROJECT
LISTING REVISIONS REFLECTED WITHIN THE ENACTED EXECUTIVE BUDGET SHALL BE
SUBJECT  TO  A  MEMORANDUM OF UNDERSTANDING TO BE SIGNED BY THE GOVERNOR
AND LEGISLATIVE LEADERS OF THE SENATE AND ASSEMBLY. PRIOR  TO  DISBURSE-
MENT  OF ANY FUNDS FOR THE CAPITAL AND FINANCING PLAN FOR THE DEPARTMENT
OF TRANSPORTATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION OR FOR THE
DEPARTMENT'S CAPITAL EXPENDITURES, THE MEMORANDUM OF UNDERSTANDING  MUST
BE  SIGNED BY THE GOVERNOR AND THE LEGISLATIVE LEADERS OF THE SENATE AND
ASSEMBLY.
  6.  IN EVALUATING NEW HIGHWAYS, BRIDGES, AIRPORTS, TERMINALS, FERRIES,
AND OTHER MAJOR COMPONENTS FOR INCLUSION IN THE PLAN,  THE  COMMISSIONER
OF  TRANSPORTATION  SHALL  PREPARE A COST-EFFECTIVENESS ANALYSIS USING A
CONSISTENT METHODOLOGY. A COST-EFFECTIVENESS ANALYSIS  IS  NOT  REQUIRED
FOR  A  PROJECT  THAT  INVOLVES THE REHABILITATION AND MAINTENANCE OF AN
EXISTING TRANSPORTATION SYSTEM OR THAT PRIMARILY SERVES LOCAL  TRANSPOR-
TATION NEEDS.
  S 2. This act shall take effect immediately.

                                 PART KK

  Section  1.  The  public  authorities  law  is amended by adding a new
section 553-j to read as follows:
  S 553-J. VERRAZANO-NARROWS BRIDGE; TOLL DISCOUNTS. NOTWITHSTANDING ANY
INCONSISTENT PROVISIONS OF LAW,  THE  SAME  ELECTRONIC  TOLL  COLLECTION
DISCOUNT PROGRAMS THAT EXIST FOR REGISTERED VEHICLES TO RESIDENTS OF THE
COUNTY  OF  RICHMOND  AT  THE  VERRAZANO-NARROWS BRIDGE, WHERE TOLLS ARE
COLLECTED IN THE STATEN ISLAND-BOUND DIRECTION,  SHALL  BE  PROVIDED  TO
RESIDENTS  OF  THE COUNTY OF KINGS WHO RESIDE WITHIN ANY ZIP CODE WITHIN
SIX MILES OF THE ANCHORAGE ON THE BROOKLYN SIDE OF THE VERRAZANO-NARROWS
BRIDGE. TOLL DISCOUNTS WILL BE PROVIDED IN  ACCORDANCE  WITH  PROCEDURES
AND  UNDER  SUCH  TERMS  AND  CONDITIONS  AS  FROM  TIME  TO TIME MAY BE
PRESCRIBED BY THE AUTHORITY. SUCH PROCEDURES AND TERMS MAY PRESCRIBE AND
REQUIRE MINIMUM TRIP USAGE, MINIMUM PURCHASE,  MINIMUM  DEPOSITS  AND/OR
ADMINISTRATIVE  SERVICE  FEES  ON ACCOUNTS OR EQUIPMENT. APPLICATION AND
REGISTRATION FOR ANY PROGRAM AND PAYMENT DEVICES SHALL BE MADE  IN  SUCH
MANNER AS PRESCRIBED BY THE AUTHORITY AND SHALL CONTAIN SUCH INFORMATION
AS THE AUTHORITY MAY REASONABLY REQUIRE. THE METROPOLITAN TRANSPORTATION
AUTHORITY  SHALL  PAY  ONE  HUNDRED  PERCENT OF THE COSTS RELATED TO THE
IMPLEMENTATION AND OPERATION OF THIS SECTION.
  S 2. This act shall take effect immediately.

                                 PART LL

S. 6408--B                         60

  Section 1. The opening paragraph of section 2231 of  the  vehicle  and
traffic law is designated subdivision 1 and a new subdivision 2 is added
to read as follows:
  2.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER
SHALL ALSO DEPOSIT FIVE DOLLARS OF THE FEES COLLECTED PURSUANT TO  PARA-
GRAPHS  (A), (B) AND (C) OF SUBDIVISION FOUR OF SECTION TWO THOUSAND TWO
HUNDRED TWENTY-TWO OF THIS ARTICLE, TO  THE  CREDIT  OF  THE  SNOWMOBILE
TRAIL DEVELOPMENT AND MAINTENANCE FUND.
  S 2. This act shall take effect April 1, 2016.

                                 PART MM

  Section 1. Intentionally omitted.
  S  2.  Subparagraphs  (a) and (b) of paragraph 1 of subdivision (c) of
section 301 of the vehicle and traffic law, subparagraph (a) as  amended
by  section  5 of part V1 of chapter 62 of the laws of 2003 and subpara-
graph (b) as added by chapter 161 of the laws of 1996, are amended and a
new subparagraph (c) is added to read as follows:
  (a) A safety inspection shall be made  with  respect  to  the  brakes;
steering  mechanism;  wheel alignment; lights, including but not limited
to the lights which are designed and placed on a vehicle for the purpose
of illuminating the vehicle's license plates; odometer;  tire  pressure;
seat  safety  belts;  shoulder harness safety belts; ANY WINDOW WHICH IS
COMPOSED OF, COVERED BY OR TREATED WITH ANY MATERIAL WHICH HAS  A  LIGHT
TRANSMITTANCE  OF  LESS  THAN  SEVENTY PERCENT PURSUANT TO SECTION THREE
HUNDRED SEVENTY-FIVE OF THIS TITLE; and such other mechanisms and equip-
ment as shall be determined by the  commissioner  to  be  necessary  for
proper  and  safe  operations.  Such  inspection shall also be made with
respect to vehicle identification number. Upon inspection,  the  mileage
appearing on the odometer shall be recorded upon the inspection sticker.
  (b)  In the case of any passenger car manufactured on or after Septem-
ber first, nineteen hundred ninety-seven,  [during  the  course  of  the
vehicle  safety  inspection, the readiness of] A SAFETY INSPECTION SHALL
BE MADE WITH RESPECT TO the inflatable restraint system, by means of the
readiness indicator, shall be noted  on  the  invoice  supplied  to  the
consumer.  The  system's  lack  of  readiness  shall [not] be considered
grounds for the vehicle to fail the safety inspection  provided  for  in
subparagraph (a) of this paragraph.
  (C)  IN THE CASE OF ANY PASSENGER CAR MANUFACTURED ON OR AFTER SEPTEM-
BER FIRST, TWO THOUSAND ELEVEN, A SAFETY INSPECTION SHALL BE  MADE  WITH
RESPECT  TO  THE  ANTILOCK BRAKE SYSTEM (ABS). ANY FAILURE OF THE SYSTEM
SHALL  BE  CONSIDERED  GROUNDS  FOR  THE  VEHICLE  TO  FAIL  THE  SAFETY
INSPECTION PROVIDED FOR IN SUBPARAGRAPH (A) OF THIS PARAGRAPH.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law; provided, however that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary for the implementation of the foregoing provisions of this act
on  its  effective  date  are  authorized  and  directed  to be made and
completed on or before such effective date.

                                 PART NN

  Section 1. Section 1 of chapter 882 of the laws of 1953,  constituting
the  waterfront  commission act is amended by adding a new article VII-A
to read as follows:

S. 6408--B                         61

                              ARTICLE VII-A
                         CARGO FACILITY CHARGES

  1. AS USED IN THIS ARTICLE:
  (A)  "BILL OF LADING" MEANS A DOCUMENT EVIDENCING THE RECEIPT OF GOODS
FOR SHIPMENT ISSUED BY A PERSON ENGAGED IN THE BUSINESS OF  TRANSPORTING
OR FORWARDING GOODS.
  (B)  "CARGO  FACILITY  CHARGE"  MEANS  ANY FEE APPLICABLE TO CARGO AND
CARGO CONTAINERS DISCHARGED FROM, OR LOADED ONTO, VESSELS AT ANY  MARINE
FACILITY OWNED OR OPERATED BY THE PORT AUTHORITY.
  (C)  "CARRIER" MEANS A CARRIER AS THAT TERM IS DEFINED IN 49 U.S.C. S.
13102.
  (D) "CONTAINER" MEANS ANY RECEPTACLE, BOX, CARTON, OR CRATE  WHICH  IS
SPECIFICALLY  DESIGNED AND CONSTRUCTED SO THAT IT MAY BE REPEATEDLY USED
FOR THE CARRIAGE OF FREIGHT BY AN OCEAN COMMON CARRIER.
  (E) "MARINE TERMINAL OPERATOR" MEANS ANY PERSON, CORPORATION, PARTNER-
SHIP, OR ANY BUSINESS ORGANIZATION WHICH SHALL OPERATE AND MAINTAIN  ANY
OF  THE  MARINE  TERMINALS ESTABLISHED, ACQUIRED, CONSTRUCTED, REHABILI-
TATED, OR IMPROVED BY THE PORT AUTHORITY BY MEANS OF AND THROUGH LEASING
AGREEMENTS ENTERED INTO BY ANY SUCH PERSON, CORPORATION, PARTNERSHIP, OR
ANY BUSINESS ORGANIZATION WITH THE PORT AUTHORITY.
  (F) "OCEAN COMMON CARRIER" MEANS AN OCEAN COMMON CARRIER AS THAT  TERM
IS DEFINED IN 46 U.S.C. S.40102.
  (G)  "RAIL CARRIER" MEANS A RAIL CARRIER AS THAT TERM IS DEFINED IN 49
U.S.C. S. 10102.
  (H) "TARIFF" MEANS A MARINE TERMINAL OPERATOR SCHEDULE AS THAT TERM IS
DEFINED IN 46 C.F.R. 525.2.
  (I) "USER" MEANS:
  (1) ANY PERSON, COMPANY, OR OTHER ENTITY THAT IS NAMED AS THE  SHIPPER
OR  CONSIGNEE  ON  THE  OCEAN  COMMON  CARRIER BILL OF LADING ISSUED FOR
EXPORT OR IMPORT  CARGO,  OR  ANY  PERSON  OWNING  OR  ENTITLED  TO  THE
POSSESSION, OR HAVING A PAST OR FUTURE INTEREST IN, THE EXPORT OR IMPORT
CARGO;
  (2)  IN  THE  CASE  OF  NEGOTIABLE  BILLS OF LADING, ANY OTHER PERSON,
COMPANY, OR OTHER ENTITY THAT IS A BONA  FIDE  HOLDER  OF  THE  BILL  OF
LADING  OR WHO IS ENTITLED TO RECEIVE DELIVERY OF EXPORT CARGO OR IMPORT
CARGO; OR
  (3) ANY OTHER BAILOR OF EXPORT OR IMPORT CARGO.
  2. NOTWITHSTANDING ANY LAW, RULE, REGULATION, OR  EXISTING  TARIFF  TO
THE  CONTRARY,  THE PORT AUTHORITY SHALL NOT ASSESS A USER, OCEAN COMMON
CARRIER, MARINE TERMINAL OPERATOR, CARRIER,  OR  RAIL  CARRIER  A  CARGO
FACILITY  CHARGE  ON IMPORT AND EXPORT CARGO LEAVING ANY MARINE FACILITY
OWNED OR OPERATED BY THE PORT AUTHORITY, EXCEPT THAT THE PORT  AUTHORITY
MAY  ASSESS  A  USER,  OCEAN  COMMON  CARRIER, MARINE TERMINAL OPERATOR,
CARRIER, OR RAIL CARRIER A CARGO FACILITY  CHARGE  UPON  WRITTEN  MUTUAL
AGREEMENT BETWEEN THE USER, OCEAN COMMON CARRIER, MARINE TERMINAL OPERA-
TOR, CARRIER, OR RAIL CARRIER AND THE PORT AUTHORITY.
  S  2.  This  act  shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with  this
act,  but  if  the  state  of New Jersey shall have already enacted such
legislation, then it shall take effect immediately;  and  provided  that
the  waterfront  commission  shall  notify the legislative bill drafting
commission upon the occurrence  of  the  enactment  of  the  legislation
provided for in section one of this act in order that the commission may
maintain an accurate and timely effective data base of the official text
of  laws  of  the  state  of  New  York  in furtherance of effecting the

S. 6408--B                         62

provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

                                 PART OO

  Section  1.  Legislative  intent. The legislature hereby declares that
drivers in the state who have reached the point of revocation for  traf-
fic violations have proven themselves to be problem drivers. In order to
provide  meaningful  safeguards  for the general public who are users of
the highways, it is determined that additional training  is  needed  for
these  problem  drivers.  For  this  reason, the legislature directs the
department of motor vehicles to implement a five-year driver  retraining
pilot  program,  requiring  those  drivers who have reached the point of
revocation,  in  relevant  instances,  to  complete  a  behavioral-based
retraining  course  to force a change in the attitude and driving habits
of problem drivers in order to have their license reinstated.
  S 2. Subdivision 5 of section 510 of the vehicle and traffic  law,  as
amended  by  chapter  183  of  the  laws  of 1988, is amended to read as
follows:
  5. Restoration. A [license or] registration may be restored by  direc-
tion of the commissioner but not otherwise. A LICENSE MAY BE RESTORED BY
DIRECTION  OF  THE  COMMISSIONER  BUT  NOT  OTHERWISE;  IN ADDITION, THE
COMPLETION OF A  DRIVER  RETRAINING  PROGRAM  AS  DESCRIBED  IN  ARTICLE
TWELVE-D  OF  THIS CHAPTER IN ACCORDANCE WITH SUBDIVISION FIVE-A OF THIS
SECTION SHALL BE REQUIRED FOR THE RESTORATION OF A LICENSE FROM  REVOCA-
TION  IN ACCORDANCE WITH PARAGRAPHS A AND C OF SUBDIVISION TWO, SUBDIVI-
SION TWO-A, AND SUBDIVISION THREE OF THIS SECTION, WITH THE EXCEPTION OF
SUBPARAGRAPHS (II) AND (III) OF PARAGRAPH A OF SUBDIVISION TWO  OF  THIS
SECTION.  Reversal  on  appeal,  of  any conviction because of which any
license or registration has been revoked or suspended, shall entitle the
holder to restoration thereof forthwith.  The privileges of a  non-resi-
dent  may be restored by direction of the commissioner in his discretion
but not otherwise.
  S 3. Section 510 of the vehicle and traffic law is amended by adding a
new subdivision 5-a to read as follows:
  5-A. DRIVER RETRAINING REQUIRED. A LICENSE REVOKED IN ACCORDANCE  WITH
PARAGRAPHS  A  AND C OF SUBDIVISION TWO, SUBDIVISION TWO-A, AND SUBDIVI-
SION THREE OF THIS SECTION, WITH THE EXCEPTION OF SUBPARAGRAPHS (II) AND
(III) OF PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,  MAY  BE  REIN-
STATED,  RESTORED, OR REISSUED ONLY UPON COMPLETION OF A DRIVER RETRAIN-
ING COURSE AS DESCRIBED IN ARTICLE TWELVE-D OF THIS CHAPTER IN  ADDITION
TO  THE  REQUIREMENTS  OF  THIS  SECTION.  UPON COMPLETION OF THE DRIVER
RETRAINING COURSE, THE VENDOR OF THE COURSE SHALL NOTIFY THE  DEPARTMENT
OF  SUCH  COMPLETION  AT WHICH POINT THE LICENSE APPLICANT MAY APPLY FOR
REINSTATEMENT, RESTORATION, OR REISSUANCE OF LICENSE.
  S 4. The vehicle and traffic law is amended by adding  a  new  article
12-D to read as follows:
                              ARTICLE 12-D
               BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM
SECTION 399-P. STATEMENT OF PURPOSE.
        399-Q. DEFINITIONS.
        399-R. COURSE APPROVAL BY THE COMMISSIONER.
        399-S. APPLICATION FOR COURSE APPROVAL.
        399-T. STANDARDS FOR COURSE APPROVAL.
        399-U. MONITORING RETRAINED DRIVERS AND PROOF OF EFFECTIVENESS.
        399-V. DEPLOYMENT OF PROGRAM.

S. 6408--B                         63

        399-W. INFORMATION TO THE VENDOR.
        399-X. NOTIFICATIONS OF DRIVERS.
        399-Y. FEE.
        399-Z. REGULATIONS.
        399-AA. REPORT.
        399-BB. REAPPROVAL OF DRIVER RETRAINING COURSES.
S  399-P.  STATEMENT  OF  PURPOSE.  THE  PURPOSES OF THIS ARTICLE ARE TO
FURTHER HIGHWAY SAFETY BY ESTABLISHING A PROGRAM  OF  HIGH  QUALITY  AND
EFFECTIVE  BEHAVIORAL-BASED  DRIVER  RETRAINING  TO REHABILITATE PROBLEM
DRIVERS, AS DEFINED IN THIS ARTICLE, THROUGH THE USE  OF  EDUCATION  AND
EXPLANATION. A BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM MUST INFLUENCE
AND  CHALLENGE  PARTICIPANTS  TO CHANGE THEIR BEHIND-THE-WHEEL BEHAVIORS
AND ATTITUDES SO THEY WILL CHOOSE TO DRIVE SAFELY, RESPONSIBLY, RESPECT-
FULLY, AND LAWFULLY AND PROVIDE PARTICIPANTS WITH THE KNOWLEDGE, SKILLS,
AND TECHNIQUES TO IMPROVE THEIR  DRIVING-RELATED  CHOICES,  AND  THEREBY
AVOID  COLLISIONS AND DECREASE FUTURE VIOLATIONS. THESE PURPOSES WILL BE
ACCOMPLISHED BY ESTABLISHING STRICT CRITERIA FOR INITIAL  AND  CONTINUAL
COURSE SPONSORSHIP APPROVAL.
  S  399-Q. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING DEFINITIONS:
  1. "PROBLEM DRIVER" SHALL MEAN A DRIVER THAT HAS REACHED THE POINT  OF
REVOCATION  OF  LICENSE, DUE TO TRAFFIC INFRACTIONS, DEMONSTRATING HE OR
SHE IS AN UNUSUAL OR IMMEDIATE RISK UPON THE HIGHWAYS.
  2. "VENDOR" SHALL MEAN A NOT-FOR-PROFIT ORGANIZATION WHICH  IMPLEMENTS
THE   PROGRAM   AND   DESIGNS,   PROVIDES,   CONDUCTS,   AND   AUDITS  A
BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM APPROVED BY THE COMMISSIONER.
  3. "INSTRUCTOR" SHALL MEAN AN INDIVIDUAL EMPLOYED BY A VENDOR TO TEACH
AN APPROVED DRIVER RETRAINING COURSE.
  4.  "DRIVER  RETRAINING   COURSE"   OR   "COURSE"   SHALL   MEAN   THE
CLASSROOM-BASED  BEHAVIORAL-BASED  DRIVER  RETRAINING  COURSE CURRICULUM
WHICH HAS BEEN APPROVED BY THE COMMISSIONER.
  5. "COMPLETION CERTIFICATE" SHALL MEAN  A  DOCUMENT  WHICH  CANNOT  BE
ALTERED  AND WHICH IS PROVIDED TO THE STUDENT WHO SUCCESSFULLY COMPLETES
THE DRIVER RETRAINING COURSE.
  S 399-R. COURSE APPROVAL BY THE COMMISSIONER. THE  COMMISSIONER  SHALL
APPROVE  A  DRIVER  RETRAINING  COURSE  BEFORE  ANY PERSON ATTENDING AND
SUCCESSFULLY COMPLETING SUCH COURSE MAY  QUALIFY  TO  RECEIVE  MANDATORY
REINSTATEMENT,  RESTORATION,  OR  REISSUANCE  OF A LICENSE IN ACCORDANCE
WITH THIS ARTICLE AND SECTION FIVE HUNDRED  TEN  OF  THIS  CHAPTER.  THE
COMMISSIONER  SHALL  BASE  THE  DECISION  TO  APPROVE  A COURSE UPON THE
REQUIREMENTS SET FORTH IN THIS ARTICLE AND ANY  ADDITIONAL  REQUIREMENTS
AS THE COMMISSIONER DEEMS NECESSARY.
  S 399-S. APPLICATION FOR COURSE APPROVAL. 1. A VENDOR SEEKING APPROVAL
AS  A  BEHAVIORAL-BASED  DRIVER  RETRAINING  COURSE  SHALL  APPLY TO THE
COMMISSIONER FOR APPROVAL. SUCH APPLICATIONS SHALL BE  MADE  IN  WRITING
AND  ON  FORMS  PRESCRIBED  BY THE COMMISSIONER.   THE APPLICATION SHALL
INCLUDE AT A MINIMUM:
  (A) THE TITLE OR NAME OF THE COURSE;
  (B) THE NAME OF THE VENDOR SUBMITTING THE APPLICATION;
  (C) A PROFILE OF THE VENDOR'S OPERATIONS, QUALIFICATIONS,  AND  ORGAN-
IZATIONAL CAPABILITIES INCLUDING:
  (I) A DETAILED DESCRIPTION OF ITS RESOURCES AND EXPERIENCE RELEVANT TO
THE REQUIREMENTS TO DELIVER THIS PROGRAM.
  (II) A NARRATIVE ON HOW AND WHY ITS ORGANIZATION IS CAPABLE OF MEETING
THE NEEDS RELEVANT TO THE DELIVERY OF THIS PROGRAM.

S. 6408--B                         64

  (III)  AT  LEAST  THREE  CLIENT  REFERENCES,  INCLUDING NAME, ADDRESS,
CONTACT PERSON, TELEPHONE NUMBER, MONTHS AND YEARS  OF  SERVICE,  AND  A
DESCRIPTION OF THE SERVICES THAT THE VENDOR PROVIDED TO THE CLIENT;
  (D)  EVIDENCE  OF FINANCIAL STABILITY IN THE FORM OF AUDITED FINANCIAL
STATEMENTS FOR THE MOST RECENT FINANCIAL YEAR OF THE  VENDOR  FOR  WHICH
STATEMENTS ARE AVAILABLE INCLUDING:
  (I)  STATEMENTS WHICH DEMONSTRATE THAT THE VENDOR'S ORGANIZATION IS IN
SOUND FINANCIAL CONDITION, OR  THAT  APPROPRIATE  CORRECTIVE  ACTION  IS
BEING TAKEN TO RESOLVE ALL IDENTIFIED FINANCIAL PROBLEMS.
  (II)  IF  STATEMENTS  ARE NOT AVAILABLE FOR THE LAST FISCAL YEAR, THEN
THE VENDOR MAY PROVIDE A  PRO  FORMA  STATEMENT  OF  THEIR  MOST  RECENT
FILINGS.  IF THE VENDOR IS A PRIVATELY HELD ENTITY THAT DOES NOT WISH TO
SUBMIT ITS BALANCE SHEETS AND REVENUE STATEMENTS, IT  SHALL  DEMONSTRATE
TO  THE SATISFACTION OF THE COMMISSIONER THAT IT IS A FINANCIALLY STABLE
ORGANIZATION.
  (III) ALTERNATIVE INFORMATION WHICH MAY BE SUBMITTED INCLUDES, BUT  IS
NOT  LIMITED  TO:  NUMBER  OF  EMPLOYEES, SIZE OF CUSTOMER BASE, NAME OF
BANK, NAME OF LAW FIRM, NAME OF ACCOUNTING FIRM, RATE OF GROWTH, APPROX-
IMATE ASSETS AND LIABILITIES.
  (IV) ADDITIONAL INFORMATION AS THE COMMISSIONER DEEMS NECESSARY;
  (E) PROOF OF CURRICULUM OWNERSHIP;
  (F) A SAMPLE PROGRAM CURRICULUM;
  (G) PROOF OF COURSE EFFECTIVENESS AS REQUIRED IN  SUBDIVISION  TWO  OF
SECTION THREE HUNDRED NINETY-NINE-U OF THIS ARTICLE;
  (H)  PROOF  OF  EXPERIENCE  ELECTRONICALLY REGISTERING, SCHEDULING AND
MAINTAINING RECORDS  FOR  ALL  PARTICIPANTS  IN  A  MULTI-SITE  TRAINING
PROGRAM;
  (I)  THE NAMES AND ADDRESSES OF ALL OWNERS, OFFICERS, AND DIRECTORS OF
THE AGENCY OR ORGANIZATION;
  (J) STATEMENT CERTIFYING THAT THE VENDOR  CAN  PROVIDE  THE  PERSONNEL
SUFFICIENT  TO DELIVERY OF THE PROGRAM STATEWIDE THROUGH THE TERM OF THE
CONTRACT AND HOW THIS COMMITMENT WILL BE MET; AND
  (K) SUCH  OTHER  INFORMATION  OR  MATERIAL  AS  THE  COMMISSIONER  MAY
PRESCRIBE.   AN APPLICATION SHALL NOT BE CONSIDERED TO BE COMPLETE UNTIL
ALL INFORMATION AND MATERIAL REQUIRED BY THIS CHAPTER AND BY  REGULATION
OF THE COMMISSIONER HAS BEEN SUBMITTED.
  2.  THE  COMMISSIONER  SHALL EITHER APPROVE OR DENY AN APPLICATION FOR
COURSE APPROVAL NO LATER THAN NINETY  DAYS  FOLLOWING  SUBMISSION  OF  A
COMPLETED APPLICATION.
  S  399-T.  STANDARDS  FOR  COURSE  APPROVAL. 1. COURSE APPROVAL. TO BE
APPROVED, A VENDOR MUST:
  (A) PROVIDE A CURRICULUM IN ACCORDANCE WITH THE REQUIREMENTS  OF  THIS
SECTION  THAT  INCLUDES AT LEAST FOUR HUNDRED THIRTY MINUTES OF INSTRUC-
TION WITH A CERTIFIED INSTRUCTOR PRESENT PRESENTED IN A SINGLE DAY OR  A
TWO  DAY  SESSION.  NOTHING  IN  THIS  SECTION  SHALL PREVENT THE USE OF
AUDIO/VISUAL AIDS AS PART OF THE COURSE PRESENTATION PRESCRIBED  BY  THE
COMMISSIONER.
  (B)  HAVE  PROVIDED  THE  COURSE  FOR  AT LEAST TEN YEARS PRIOR TO THE
SUBMISSION OF AN APPLICATION.
  (C) HAVE ADMINISTERED DRIVER RETRAINING ON A LARGE VOLUME BASIS  IN  A
CLASS  ROOM  ENVIRONMENT TO A MINIMUM OF AT LEAST FIFTY THOUSAND PERSONS
IN A CALENDAR YEAR.
  (D) PROVIDE A DESCRIPTION OF THE MINIMUM QUALIFICATIONS OF ALL  MANAG-
ERS AND INSTRUCTORS WHO WILL BE HIRED BY THE APPLICANT.
  (E)  PROVIDE  EACH  INSTRUCTOR WITH AN INSTRUCTOR'S MANUAL AND PROVIDE
STUDENT WORKBOOKS AND/OR MANUALS FOR EACH COURSE PARTICIPANT.

S. 6408--B                         65

  (F) PROVIDE PROOF OF EFFECTIVENESS PURSUANT TO SECTION  THREE  HUNDRED
NINETY-NINE-U OF THIS ARTICLE.
  2. CURRICULUM. TO BE APPROVED, THE CURRICULUM OF THE DRIVER RETRAINING
COURSE  PROVIDED  FOR IN THIS ARTICLE SHALL INCLUDE AT LEAST THE FOLLOW-
ING:
  (A) PROVEN EDUCATIONAL OR PSYCHOLOGICAL PRINCIPALS/METHODOLOGIES  SUCH
AS   DR.   WILLIAM   GLASSER'S   "CHOICE   THEORY"   AS  IT  RELATES  TO
BEHIND-THE-WHEEL DRIVING BEHAVIOR;
  (B) WHY DRIVERS DO OR DO NOT CHOOSE TO  OBEY  TRAFFIC  LAWS  WITH  THE
PRIMARY FOCUS ON BEHAVIORS RATHER THAN EXCUSES;
  (C)  FOUR  COMPONENTS OF HUMAN BEHAVIOR - DOING, THINKING, FEELING AND
PHYSIOLOGY AND THE CONNECTION BETWEEN THE CONCEPTS OF NEEDS AND WANTS TO
BEHAVIORS AND THE HUMAN ABILITY TO CHOOSE BEHAVIORS.
  (D) ADDITIONAL PROBLEM DRIVER BEHAVIORS INCLUDING, BUT NOT LIMITED TO:
HAZARDS ASSOCIATED WITH PRESCRIPTIVE AND OVER-THE-COUNTER DRUGS, INCLUD-
ING SYNERGISM; IMPACTS OF  DRIVING  WITH  EXCESSIVE  SPEED;  IMPACTS  OF
RIGHT-OF-WAY  VIOLATIONS;  DANGERS OF DISTRACTED DRIVING; PROPER PASSING
AND FOLLOWING DISTANCES; AGGRESSIVE DRIVING BEHAVIORS; AND  HOW  FATIGUE
CAN AFFECT DRIVING BEHAVIOR.
  3.  SCHEDULES  AND  FACILITIES.  (A)  VENDOR  SHALL  SET AND ADHERE TO
PUBLISHED SCHEDULES OF TRAINING CLASSES AT DESIGNATED PLACES, DATES  AND
TIMES.  VENDOR SHALL SUBMIT TRAINING CLASS SCHEDULE AND LOCATIONS TO THE
COMMISSIONER QUARTERLY.
  (B) VENDOR SHALL OFFER CLASSES AT LOCATIONS THROUGHOUT THE STATE.
  (C) VENDOR SHALL OFFER A VARIETY OF NIGHT AND WEEKEND COURSES.
  (D) VENDOR SHALL BE RESPONSIBLE FOR SECURING, AND/OR OBTAINING PERMIS-
SION FOR THE USE OF APPROPRIATE CLASSROOM TEACHING FACILITIES  USED  FOR
RE-TRAINING PROGRAMS.
  (E)  VENDOR SHALL BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THE USE
OF SUCH FACILITIES, INCLUDING, BUT NOT LIMITED TO,  RENT,  LIGHTS,  HEAT
AND  INSURANCE,  AND  NO REIMBURSEMENT OR INDEMNIFICATION FOR SUCH COSTS
WILL BE PROVIDED BY THE COMMISSIONER.
  (F) VENDOR SHALL ASSURE THAT THE FACILITIES AND PROGRAM  ELEMENTS  FOR
RETRAINING PROBLEM DRIVERS ARE ACCESSIBLE TO DRIVERS WITH PHYSICAL DISA-
BILITIES  AND  IN COMPLIANCE WITH THE REQUIREMENTS OF THE AMERICANS WITH
DISABILITIES ACT OF 1990.
  (G) VENDOR SHALL AGREE THAT THE COMMISSIONER  RESERVES  THE  RIGHT  TO
REJECT,  AT  ANY TIME, THE USE OF ANY FACILITY HE OR SHE DEEMS UNFIT FOR
CLASSROOM INSTRUCTION OR  GEOGRAPHICALLY  INCONVENIENT  FOR  THE  REGIS-
TRANTS.
  4. BUSINESS OFFICE AND TELEPHONE. (A) VENDOR SHALL MAINTAIN A BUSINESS
OFFICE  IN  THE  STATE  WHICH  SHALL  BE  STAFFED MONDAY THROUGH FRIDAY,
BETWEEN THE HOURS OF 9:00 AM AND 5:00 PM, TO PROVIDE THE  ADMINISTRATIVE
SUPPORT NECESSARY FOR SUCCESSFULLY MAINTAINING THE PROGRAM.
  (B)  VENDOR  SHALL  AGREE  TO  PROVIDE  A TOLL-FREE TELEPHONE EXCHANGE
SERVICE NUMBER FOR PROGRAM REGISTRATION USE.
  (C) VENDOR SHALL AGREE TO PROVIDE A WEBSITE  FOR  PROGRAM  INFORMATION
AND REGISTRATION USE.
  5.  METHOD  OF INSTRUCTION. (A) VENDOR SHALL AGREE TO DESIGN A CURRIC-
ULUM BASED UPON THE THEORY THAT INDUCING POSITIVE  CHANGES  IN  ATTITUDE
AND  DRIVING  BEHAVIOR  OF A PERSON WHO HAS BEEN IDENTIFIED AS A PROBLEM
DRIVER, AS DEFINED IN THIS ARTICLE, IS A  PROVEN  METHOD  OF  SUCCESSFUL
DRIVER RETRAINING.
  (B)  VENDOR  SHALL  HAVE  EXPERIENCE  IN  DESIGNING AND IMPLEMENTING A
CURRICULUM BASED UPON PROVEN EDUCATIONAL  OR  PSYCHOLOGICAL  PRINCIPLES,
WHICH  MAY  INCLUDE,  BUT  NOT  BE LIMITED TO, METHODOLOGIES SUCH AS DR.

S. 6408--B                         66

WILLIAM GLASSER'S "CHOICE THEORY." WHILE THE COMMISSIONER  MAY  CONSIDER
DIFFERENT  EDUCATIONAL  APPROACHES  BASED  UPON  THE OBJECTIVE MERITS OF
EACH, IT IS ESSENTIAL THAT ANY PROPOSED CURRICULUM BE GUIDED BY A  CLEAR
AND CONSISTENT EDUCATIONAL PHILOSOPHY. THE EFFECTIVENESS OF THAT PHILOS-
OPHY  IN  MODIFYING  THE TYPES OF BEHAVIOR THAT MAY LEAD TO THE NEED FOR
DRIVER RETRAINING SHALL BE CLEARLY DEMONSTRATED.
  (C) THE CURRICULUM SHALL INCLUDE DIFFERENT FORMS OF MEDIA TO ADDRESS A
DIVERSE COMMUNITY. THE TRAINING SHALL INCLUDE VIDEOS OF DIFFERENT STYLES
OF DRIVING AGGRESSIONS AND WAYS TO DEFUSE THESE AGGRESSIONS.
  (D) THE PROPOSED CURRICULUM SHALL  ENCOURAGE  THE  PROBLEM  DRIVER  TO
EXPLORE AND UNDERSTAND HIS OR HER OWN ATTITUDES IN VARIOUS DRIVING SITU-
ATIONS  AND  TO  ALSO  UNDERSTAND THE BEHAVIORAL DRIVING CHARACTERISTICS
THAT HAVE RESULTED IN THE DRIVER'S POOR  DRIVING  RECORD.  THE  PROPOSED
PROGRAM SHALL TEACH THE PROBLEM DRIVER THAT POOR BEHAVIORAL CHOICES MADE
BEHIND  THE  WHEEL  OFTEN  RESULT  IN UNINTENDED CONSEQUENCES, INCLUDING
MOTOR VEHICLE VIOLATIONS, OR ACCIDENTS, AND THAT THE DRIVER SHALL APPRE-
CIATE THE RESPONSIBILITY PLACED UPON EACH DRIVER TO CONFORM HIS  OR  HER
DRIVING  CONDUCT  FOR  THE  BENEFIT OF OTHER MOTORISTS, PEDESTRIANS, AND
THEMSELVES. TRAINING SHALL BE  HIGHLY  INTERACTIVE,  ENGAGING  AND  TAKE
ADVANTAGE OF VARIOUS FORMS OF MEDIA. CLASSES SHALL MAINTAIN AN APPROPRI-
ATE STUDENT TO INSTRUCTOR RATIO.
  6.  OUT-OF-STATE  DRIVERS  AND  OUT-OF-STATE  PROGRAMS.  (A)  WHEN THE
COMMISSIONER IDENTIFIES AN OUT-OF-STATE DRIVER AS A PROBLEM  DRIVER,  AS
DEFINED  IN  THIS  ARTICLE,  THE  VENDOR  SHALL NOTIFY THE DRIVER OF THE
AVAILABILITY OF THE COURSE IN NEW YORK STATE USING  THE  SAME  MEANS  OF
NOTIFICATION  FOR IN-STATE PROBLEM DRIVERS. VENDOR SHALL ALSO NOTIFY THE
OUT-OF-STATE DRIVER OF THE NAME AND LOCATION OF SIMILAR PROGRAMS IN  THE
DRIVER'S  HOME  STATE,  WHICH MAY QUALIFY FOR RECOGNITION BY THE COMMIS-
SIONER.
  (B) VENDOR SHALL ASSIST THE COMMISSIONER IN DETERMINING WHICH  OUT-OF-
STATE  PROGRAMS  MEET THE CRITERIA ESTABLISHED IN THE STATE FOR A DRIVER
RETRAINING PROGRAM.
  (C) VENDOR SHALL COORDINATE WITH QUALIFIED  PROGRAMS  TO  RECEIVE  AND
DISSEMINATE  INFORMATION  AND  REFERRALS ABOUT PROBLEM DRIVERS AND ABOUT
THE RETRAINING PROGRAMS.
  (D) IF A QUALIFIED OUT-OF-STATE PROGRAM NOTIFIES  THE  VENDOR  OF  THE
SUCCESSFUL  COMPLETION  OF  THE  PROGRAM BY AN INDIVIDUAL PROBLEM DRIVER
REFERRED FROM THE COMMISSIONER, THE VENDOR SHALL  ELECTRONICALLY  NOTIFY
THE COMMISSIONER OF SUCH COMPLETION.
  7.  ELECTRONIC COMMUNICATION. (A) VENDOR SHALL AGREE THAT IT POSSESSES
OR WILL OBTAIN COMPUTER HARDWARE/SOFTWARE THAT IS  COMPATIBLE  WITH  THE
HARDWARE/SOFTWARE  OF THE DEPARTMENT TO ALLOW THE VENDOR AND THE DEPART-
MENT TO EXCHANGE INFORMATION DIRECTLY INTO EACH OTHER'S COMPUTER SYSTEMS
AS REQUIRED.
  (B) VENDOR SHALL AGREE THAT THE DEPARTMENT WILL ELECTRONICALLY  NOTIFY
THE  VENDOR  OF THE NAMES AND ADDRESSES OF THE PROBLEM DRIVERS REQUIRING
RETRAINING.
  (C) VENDOR SHALL AGREE THAT IT SHALL THEN NOTIFY, BY  LETTER  APPROVED
BY  THE COMMISSIONER, EACH IDENTIFIED PROBLEM DRIVER OF THE AVAILABILITY
OF THE COURSE AND THE REQUIRED FEE.
  (D) VENDOR SHALL AGREE THAT, WITHIN ONE BUSINESS DAY OF THE SUCCESSFUL
COMPLETION OF THE COURSE BY A DRIVER, IT WILL ELECTRONICALLY NOTIFY  THE
DEPARTMENT THROUGH AN ESTABLISHED COMPUTER LINK.
  8. COSTS, FEES AND TRANSFERS. (A) VENDOR SHALL ASSUME ALL COSTS OF THE
DRIVER RETRAINING PROGRAM.

S. 6408--B                         67

  (B)  VENDOR  SHALL  AGREE  THAT  EACH DRIVER REQUIRED TO ENROLL IN THE
DRIVER RETRAINING PROGRAM WILL BE ASSESSED A REASONABLE AND UNIFORM  FEE
FOR  THE  COURSE.  SUCH  FEE  SHALL NOT BE IN EXCESS OF THE QUOTE OF THE
VENDOR.
  (C)  VENDOR  SHALL ARRANGE FOR AND COLLECT PAYMENT OF THE FEE FROM THE
REGISTRANT.
  (D) VENDOR SHALL DEPOSIT TO A DESIGNATED ACCOUNT OF THE DEPARTMENT  BY
WAY  OF ELECTRONIC FUNDS TRANSFER AS INSTRUCTED BY THE COMMISSIONER, THE
AGREED UPON FEE  COLLECTED  FROM  THE  REGISTRANT  AS  REIMBURSEMENT  OF
DEPARTMENT PROGRAM COSTS.
  (E)  VENDOR  SHALL  BE  RESPONSIBLE  FOR ANY COSTS ASSOCIATED WITH THE
COLLECTION OF CHECKS DRAWN ON INSUFFICIENT FUNDS, OR ON UNPAID REGISTRA-
TION FEES. THE DEPARTMENT WILL NOT REFUND ITS FEE IF THE VENDOR FAILS TO
RECOVER FROM THE STUDENT.
  9. PERSONNEL. THE VENDOR SHALL PROVIDE A TEAM OF PERSONNEL  CONSISTING
OF  ONE ACCOUNT MANAGER AND PERSONNEL SUFFICIENT FOR THE DELIVERY OF THE
PROGRAM STATEWIDE.
  (A) VENDOR SHALL AGREE THAT ALL PROPOSED PERSONNEL SHALL BE SUBJECT TO
THE SAME BACKGROUND INVESTIGATION TO WHICH EMPLOYEES OF  THE  DEPARTMENT
ARE  SUBJECT  AND  THAT  NO  APPROVAL OF ANY PROPOSED PERSONNEL SHALL BE
PROVIDED BEFORE  THAT  BACKGROUND  INVESTIGATION  IS  COMPLETE  AND  THE
COMMISSIONER DETERMINES THAT IT IS APPROPRIATE FOR VENDOR'S PERSONNEL TO
PROVIDE SERVICES TO THE DEPARTMENT.
  (B)  VENDOR  SHALL  AGREE  TO IMMEDIATELY REMOVE ANY PERSON PERFORMING
SERVICES UNDER A RESULTING CONTRACT WHO  IS,  IN  THE  JUDGMENT  OF  THE
DEPARTMENT,  DISQUALIFIED  BY  REASON  OF  ETHICS,  COMPETENCE, CRIMINAL
BEHAVIOR, OR MOTOR VEHICLE VIOLATIONS, OR  ANY  CAUSE  WHATSOEVER,  FROM
DOING  COMMERCE  WITH,  OR PROVIDING SERVICES FOR THE STATE. SUCH PERSON
MAY BE REINSTATED BY THE VENDOR ONLY UPON CLEAR WRITTEN  NOTICE  OF  THE
APPROVAL OF THE COMMISSIONER.
  (C)  VENDOR  SHALL  AGREE  THAT IT ACCEPTS FULL RESPONSIBILITY FOR THE
PERFORMANCE OF ANY SUB-CONTRACTORS, IF USED. THE VENDOR MAY SUB-CONTRACT
THE SERVICES REQUIRED TO DELIVER THIS PROGRAM, BUT THE DEPARTMENT  SHALL
REQUIRE  A  SINGLE  POINT  OF RESPONSIBILITY FOR THIS CONTRACT. AS PRIME
CONTRACTOR, THE VENDOR SHALL IDENTIFY ANY AND  ALL  SUB-CONTRACTORS  AND
SHALL  DESCRIBE  THE  TYPE  OF  CONTRACTUAL  ARRANGEMENT THAT WILL EXIST
BETWEEN THE VENDOR AND THE SUB-CONTRACTORS. VENDOR SHALL AGREE  THAT  IT
SHALL  BE RESPONSIBLE FOR MEETING ALL OF THE TERMS AND CONDITIONS OF ANY
CONTRACT RESULTING, INCLUDING THE PERFORMANCE  OF  ANY  SUB-CONTRACTORS.
THE  DEPARTMENT SHALL NOT BE RESPONSIBLE FOR PAYMENTS DUE A SUB-CONTRAC-
TOR FROM THE PRIMARY CONTRACTOR.
  (D) VENDOR SHALL AGREE IN ITS RESPONSE  THAT  EACH  PERSON  PERFORMING
SERVICES UNDER THIS CONTRACT SHALL MEET THE FOLLOWING REQUIREMENTS:
  (I) VENDOR SHALL AGREE TO EMPLOY ONLY THOSE INDIVIDUALS AS INSTRUCTORS
WHO WOULD BE REASONABLY CONSIDERED QUALIFIED INSTRUCTORS FOR SUCH COURSE
BY  REASON  OF  THEIR  EDUCATIONAL  ATTAINMENTS, TEACHING EXPERIENCE AND
FAMILIARITY WITH THE SUBJECT MATTER AND  METHODS  USED  TO  SUCCESSFULLY
RETRAIN PROBLEM DRIVERS AS DEFINED IN THIS ARTICLE.
  (II) AN OTHERWISE QUALIFIED INSTRUCTOR SHALL NOT BE USED IN ANY OF THE
DRIVER  RE-TRAINING  PROGRAM  IF  THE  PERSON IS INELIGIBLE TO OBTAIN OR
RETAIN DRIVING PRIVILEGES IN ANY JURISDICTION. THE DEPARTMENT  MAY  ALSO
REJECT THE USE OF ANY PARTICULAR INSTRUCTOR IF THE DEPARTMENT HAS REASON
TO BELIEVE THAT THE INSTRUCTOR IS NOT PROPERLY QUALIFIED AS A RETRAINING
INSTRUCTOR.  EACH  INSTRUCTOR  SHALL ALSO PASS A BACKGROUND CHECK TO THE
SATISFACTION OF THE DEPARTMENT.

S. 6408--B                         68

  10. THE COMMISSIONER IS AUTHORIZED TO SUSPEND OR REVOKE APPROVAL OF  A
VENDOR  SHOULD  THE COMMISSIONER FIND THAT THE VENDOR OR ITS INSTRUCTORS
HAVE BEEN FOUND TO BE IN VIOLATION  OF  ANY  APPLICABLE  LAWS  OR  REGU-
LATIONS.
  S  399-U.  MONITORING RETRAINED DRIVERS AND PROOF OF EFFECTIVENESS. 1.
MONITORING RETRAINED DRIVERS. (A) VENDOR SHALL AGREE THAT THE DEPARTMENT
MAY MONITOR DRIVING RECORDS OF PERSONS WHO HAVE  TAKEN  AND  PASSED  THE
VENDOR'S DRIVER RETRAINING PROGRAM.
  (B)  VENDOR  SHALL AGREE THAT THE DEPARTMENT MAY REQUIRE THE VENDOR TO
PERIODICALLY PROVIDE  THE  DEPARTMENT  WITH  INFORMATION  IT  REASONABLY
BELIEVES  NECESSARY  TO MONITOR THE PERFORMANCE OF THE VENDOR, INCLUDING
BUT NOT LIMITED TO, INFORMATION ON NUMBERS OF STUDENTS, NUMBER OF CLASS-
ES HELD, CLASS SIZE, LOCATION AND FREQUENCY OF  CLASSES,  AND  PASS/FAIL
RATE.
  (C)  VENDOR  SHALL AGREE TO SUBMIT ON A MONTHLY BASIS A RECONCILIATION
REPORT DETAILING THE NUMBER OF DRIVERS THAT HAVE BEEN RETRAINED AND  THE
AMOUNT OF FUNDS TRANSFERRED TO THE DEPARTMENT.
  (D)  VENDOR SHALL AGREE TO COLLABORATE WITH THE DEPARTMENT TO CREATE A
SURVEY AT THE END OF THE CLASS TO  CAPTURE  STUDENT  FEEDBACK  ON  THEIR
EXPERIENCE.
  2. PROOF OF EFFECTIVENESS. (A) PROOF OF EFFECTIVENESS SUBMITTED BY THE
VENDOR  FOR SPONSORSHIP SHALL BE VERIFIABLE RESEARCH DOCUMENTATION SHOW-
ING EVIDENCE OF EFFECTIVENESS AS DETERMINED BY THE COMMISSIONER IN TERMS
OF REDUCED CONVICTIONS OR ACCIDENTS OR BOTH. THIS RESEARCH DOCUMENTATION
SHALL EMPLOY ACCEPTED RESEARCH PRINCIPLES.  IN ORDER TO ESTABLISH  VERI-
FIABLE  EFFECTIVENESS,  THE SAMPLE GROUP SHALL BE COMPRISED OF A MINIMUM
OF THREE THOUSAND DRIVERS.  THE DOCUMENTATION SHALL  INCLUDE  CONVICTION
OR  ACCIDENT  DATA  FOR  EACH MOTORIST FOR A PERIOD OF AT LEAST EIGHTEEN
MONTHS PRIOR TO THE REVOCATION DATE AND AT LEAST EIGHTEEN MONTHS  SUBSE-
QUENT  TO REISSUANCE OF LICENSE.  THE DOCUMENTATION SHALL ALSO INCLUDE A
DESCRIPTION OF THE SAMPLING AND ANALYTIC PROCEDURES USED, AND THE MOTOR-
IST IDENTIFICATION NUMBER AND COURSE  COMPLETION  DATE  FOR  ALL  COURSE
ATTENDEES.  THE  VENDOR FOR SPONSORSHIP SHALL PROVIDE, AT THE REQUEST OF
THE COMMISSIONER AND AT THE APPLICANT'S EXPENSE, ALL DRIVING RECORD DATA
AND ANALYSIS USED IN THE DEVELOPMENT OF THE SUBMITTED RESEARCH  DOCUMEN-
TATION.    SUBMISSION OF ANY FRAUDULENT OR INTENTIONALLY MISLEADING DATA
WILL DISQUALIFY THAT ORGANIZATION AND ALL  OWNERS  AND  PRINCIPALS  FROM
PARTICIPATING  OR  APPROVAL IN THE DRIVER RETRAINING COURSE FOR A PERIOD
OF TEN YEARS FROM SUBMISSION DATE. THE COMMISSIONER MAY, BY  REGULATION,
PROVIDE FOR A SMALLER SAMPLE GROUP FOR SPECIALIZED COURSES.
  (B)  PRIOR TO THE END OF THE PILOT PROGRAM, THE VENDOR SHALL CONDUCT A
STUDY OF THE EFFECTIVENESS OF THE DRIVER RETRAINING PROGRAM CONDUCTED IN
THE STATE. THIS PROOF OF  EFFECTIVENESS  SHALL  BE  VERIFIABLE  RESEARCH
DOCUMENTATION  SHOWING  EVIDENCE  OF  EFFECTIVENESS AS DETERMINED BY THE
COMMISSIONER IN TERMS OF REDUCED CONVICTIONS OR ACCIDENTS OR BOTH.  THIS
RESEARCH  DOCUMENTATION  SHALL  EMPLOY  ACCEPTED RESEARCH PRINCIPLES AND
INCLUDE TREATMENT AND NON-TREATMENT CONTROL GROUPS COMPRISED OF  SAMPLES
OF  THE  REPRESENTATIVE  DRIVER  BASE.  IN ORDER TO ESTABLISH VERIFIABLE
EFFECTIVENESS, EACH SAMPLE GROUP SHALL BE  COMPRISED  OF  A  MINIMUM  OF
THREE  THOUSAND  DRIVERS  SELECTED  RANDOMLY.  THE  DOCUMENTATION  SHALL
INCLUDE CONVICTION OR ACCIDENT DATA FOR EACH MOTORIST FOR A PERIOD OF AT
LEAST EIGHTEEN MONTHS PRIOR TO THE REVOCATION DATE AND AT LEAST EIGHTEEN
MONTHS SUBSEQUENT TO REISSUANCE OF LICENSE. THE DOCUMENTATION SHALL ALSO
INCLUDE A DESCRIPTION OF THE SAMPLING AND ANALYTIC PROCEDURES USED,  AND
THE  MOTORIST  IDENTIFICATION  NUMBER AND COURSE COMPLETION DATE FOR ALL
COURSE ATTENDEES. THE VENDOR  SHALL  PROVIDE,  AT  THE  REQUEST  OF  THE

S. 6408--B                         69

COMMISSIONER AND AT THE APPLICANT'S EXPENSE, ALL DRIVING RECORD DATA AND
ANALYSIS  USED  IN  THE DEVELOPMENT OF THE SUBMITTED RESEARCH DOCUMENTA-
TION.
  S  399-V.  DEPLOYMENT  OF  PROGRAM. VENDOR SHALL PROPOSE AND PROVIDE A
START-UP DEPLOYMENT PLAN. THE PROPOSED START-UP DEPLOYMENT PLAN  TIMETA-
BLE  SHALL INCLUDE REALISTIC MILESTONE DATES TO INDICATE WHEN THE VENDOR
WILL MEET CERTAIN TARGETS.  THE VENDOR'S START-UP DEPLOYMENT PLAN  SHALL
INCLUDE:
  1.  THE  NUMBER  OF  CLASS LOCATIONS THE VENDOR INTENDS TO HAVE OPERA-
TIONAL BY SPECIFIC DATES;
  2. THE NUMBER OF INSTRUCTORS THE VENDOR  PLANS  TO  HIRE  BY  SPECIFIC
DATES;
  3.  PLANS  TO TEST ITS COMPUTER COMPATIBILITY WITH THE DEPARTMENT DATA
CENTER; AND
  4. A REALISTIC START-UP DATE FOR FULL OPERATIONS OF THE PROPOSED DRIV-
ER RETRAINING PROGRAM.
  S 399-W. INFORMATION TO THE VENDOR. 1. THE DEPARTMENT WILL PROVIDE THE
VENDOR WITH THE NAMES, ADDRESSES, AND LICENSE NUMBERS OF THOSE  INDIVID-
UALS  WHO  ARE  REQUIRED  TO  SUCCESSFULLY  COMPLETE  A COURSE OF DRIVER
RETRAINING BY ELECTRONIC MEDIA.
  2. ALL DATA PROVIDED TO THE VENDOR SHALL BE KEPT  IN  ACCORDANCE  WITH
THE  REQUIREMENTS  OF  THE DRIVER PRIVACY PROTECTION ACT AND ANY RELATED
STATE REQUIREMENTS.
  3. THE SELECTED VENDOR WILL BE REQUIRED TO ENTER INTO A  DATA  PRIVACY
AGREEMENT WITH THE DEPARTMENT ONCE A CONTRACT HAS BEEN AWARDED.
  4. THE DEPARTMENT WILL UPDATE THE DRIVER'S RECORD UPON NOTIFICATION BY
THE  VENDOR  OF  THE  DRIVER'S  SUCCESSFUL COMPLETION OF THE RE-TRAINING
PROGRAM.
  5. THE DEPARTMENT SHALL PROVIDE THE VENDOR WITH RELEVANT  DATA  NECES-
SARY FOR THE COMPLETION OF THE REQUIRED EFFECTIVENESS STUDY.
  S  399-X.  NOTIFICATIONS OF DRIVERS. THE DEPARTMENT SHALL NOTIFY THOSE
INDIVIDUAL DRIVERS THAT ARE REQUIRED TO SUCCESSFULLY COMPLETE THE DRIVER
RETRAINING PROGRAM OF THIS REQUIREMENT.
  S 399-Y. FEE. THE VENDOR IS AUTHORIZED TO IMPOSE  A  FEE  FOR  PARTIC-
IPATION  IN THE BEHAVIORAL-BASED DRIVER RETRAINING PROGRAM NOT TO EXCEED
ONE HUNDRED FIFTY DOLLARS. THE VENDOR  OF  THE  BEHAVIORAL-BASED  DRIVER
RETRAINING PROGRAM IS ENTITLED TO RETAIN THREE-FIFTHS OF THE FEE IMPOSED
FOR PARTICIPATION IN THE DRIVER RETRAINING PROGRAM.
  S 399-Z. REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND
REGULATIONS  AS ARE NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS ARTI-
CLE. IN ADDITION TO ANY REQUIREMENTS EXPRESSLY AUTHORIZED BY THIS  ARTI-
CLE,  SUCH  REGULATIONS MAY INCLUDE, BUT NOT BE LIMITED TO, REQUIREMENTS
AND STANDARDS WITH RESPECT TO: VENDORS AND INSTRUCTORS; CLASSROOM FACIL-
ITIES; SUSPENSION OR  REVOCATION  OF  APPROVAL;  APPEAL  OF  REVOCATION;
COURSE   ADMINISTRATION  AND  ADVERTISING;  MONITORING  OF  COURSES  AND
INSTRUCTORS;  AND  REEVALUATION  OF  COURSE  EFFECTIVENESS  PURSUANT  TO
SECTION THREE HUNDRED NINETY-NINE-U OF THIS ARTICLE.
  S 399-AA. REPORT. WITHIN FIVE YEARS OF THE ESTABLISHMENT AND IMPLEMEN-
TATION  OF  THIS ARTICLE, THE COMMISSIONER SHALL REPORT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY ON
THE DRIVER RETRAINING PROGRAM AND ITS RESULTS. SUCH REPORT SHALL INCLUDE
RECOMMENDATIONS AS TO THE FUTURE OF THE PROGRAM.
  S 399-BB. REAPPROVAL OF DRIVER RETRAINING  COURSES.  NOTHING  IN  THIS
ARTICLE  SHALL  BE DEEMED TO REQUIRE THE COMMISSIONER TO REAPPROVE MOTOR
VEHICLE DRIVER RETRAINING COURSES APPROVED BY THE COMMISSIONER  PURSUANT
TO RULES AND REGULATIONS PRIOR TO THE EFFECTIVE DATE OF THIS ARTICLE.

S. 6408--B                         70

  S  5. The state finance law is amended by adding a new section 99-y to
read as follows:
  S  99-Y.  BEHAVIORAL-BASED  DRIVER  RETRAINING PILOT PROGRAM FUND.  1.
THERE IS HEREBY ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMP-
TROLLER  AND  THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO
BE KNOWN AS THE "DRIVER RETRAINING PILOT PROGRAM FUND".
  2. SUCH FUND SHALL CONSIST OF ALL FEES RECEIVED BY THE  DEPARTMENT  OF
MOTOR  VEHICLES  PURSUANT  TO  THE PROVISIONS OF ARTICLE TWELVE-D OF THE
VEHICLE AND TRAFFIC LAW, AND ALL OTHER MONEYS APPROPRIATED, CREDITED  OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3.  THE MONEYS IN SUCH FUND SHALL BE EXPENDED ONLY FOR THE PURPOSES OF
ADMINISTERING AND IMPLEMENTING THE PROVISIONS OF ARTICLE TWELVE-D OF THE
VEHICLE AND TRAFFIC LAW BY THE DEPARTMENT OF MOTOR VEHICLES.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and  be  deemed  repealed  5
years  after  the  date  the  behavioral-based  driver  retraining pilot
program is established and implemented  by  the  commissioner  of  motor
vehicles  pursuant  to  article  12-D  of the vehicle and traffic law as
added by section four of this  act;  provided  however,  that  effective
immediately,  the  addition,  amendment,  or repeal of any rule or regu-
lation necessary for the implementation of this act shall  be  made  and
completed on or before such effective date; and provided further, howev-
er, that the commissioner of motor vehicles shall notify the legislative
bill  drafting  commission  upon  the  date  the behavioral-based driver
retraining pilot program is established and implemented  in  order  that
the  commission  may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law  and
section 70-b of the public officers law.

                                 PART PP

  Section  1. Paragraph (c) of subdivision 2 of section 503 of the vehi-
cle and traffic law is amended by adding a new subparagraph (v) to  read
as follows:
  (V)  PROVIDED  THAT FOR A SENIOR CITIZEN, THE RENEWAL FEE SHALL BE TEN
PERCENT LESS THAN THE FEES OTHERWISE REQUIRED BY THIS PARAGRAPH. FOR THE
PURPOSES OF THIS SUBPARAGRAPH, THE TERM "SENIOR CITIZEN" MEANS A  PERSON
AT LEAST SIXTY-FIVE YEARS OF AGE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART QQ

  Section 1. The parks, recreation  and  historic  preservation  law  is
amended by adding a new article 26 to read as follows:
                               ARTICLE 26
                     ALL-TERRAIN VEHICLE TRAIL FUND
SECTION 26.01 TRAIL PLAN.
        26.03 RULES AND REGULATIONS.
  S  26.01 TRAIL PLAN. THE DEPARTMENT SHALL PREPARE A STATEWIDE ALL-TER-
RAIN VEHICLE TRAIL PLAN PROVIDING FOR RECREATIONAL USE OF  "ALL  TERRAIN
VEHICLES"  OR  "ATVS"  ON  PERMITTED  STATE  AND MUNICIPAL LANDS AND ATV
DESIGNATED TRAILS ON PRIVATE LANDS TO ESTABLISH A STATEWIDE  NETWORK  OF
ATV  TRAILS.  FOR  PURPOSES  OF THIS ARTICLE, "ATV" MEANS AN ALL TERRAIN

S. 6408--B                         71

VEHICLE AS DEFINED IN SECTION TWENTY-TWO HUNDRED EIGHTY-ONE OF THE VEHI-
CLE AND TRAFFIC LAW.
  S  26.03  RULES  AND  REGULATIONS.  1. THE DEPARTMENT SHALL PROMULGATE
REGULATIONS FOR THE USE OF ATVS WITH A VIEW  TOWARDS  ACHIEVING  MAXIMUM
USE OF ATVS AND MINIMIZING THE DETRIMENTAL EFFECT THEREOF UPON THE ENVI-
RONMENT.  NOTHING  IN  THIS SECTION SHALL PROHIBIT THE DEPARTMENT OR THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION  9-0303  OF
THE  ENVIRONMENTAL  CONSERVATION  LAW  FROM AUTHORIZING OTHER ATV USE ON
STATE OWNED LANDS.  THE COMMISSIONER SHALL ADOPT RULES  AND  REGULATIONS
RELATING TO AND INCLUDING, BUT NOT LIMITED TO THE FOLLOWING:
  A.  USE  OF  ATVS  INSOFAR  AS FISH AND WILDLIFE RESOURCES AND NATURAL
RESOURCES OF THE STATE.
  B. USE OF ATVS ON PUBLIC LANDS UNDER THE JURISDICTION OF  THE  DEPART-
MENT,  PROVIDING  FOR  INCORPORATING RECREATIONAL AND SPORTSMAN USE INTO
UMPS DEVELOPED FOR SUCH LANDS.
  C. UNIFORM SIGNS OR MARKERS.
  D. REQUIREMENTS FOR PROTECTION OF PRIVATE PROPERTY  OR  THEREIN  OCCA-
SIONED BY THE USE OF ATVS.
  E.  ESTABLISHMENT OF A COMPREHENSIVE ATV INFORMATION AND SAFETY EDUCA-
TION AND TRAINING PROGRAM, INCLUDING PROVISION FOR THE ISSUANCE  OF  ATV
OPERATION  AND  SAFETY  CERTIFICATES  FOR  OPERATION OF ATVS BY YOUTHFUL
OPERATORS AND ADULT OPERATORS WITHOUT A VALID DRIVER'S LICENSE.
  F. REQUIREMENTS THAT NEW CONNECTOR TRAILS MUST COMPLY WITH STATE  LAWS
AND REGULATIONS AND, WHERE APPLICABLE FOR STATE-OWNED LANDS, COMPLY WITH
A  UNIT  MANAGEMENT  PLAN AND BE SUBJECT TO FULL PUBLIC REVIEW AND HEAR-
INGS.
  G. REQUIREMENTS FOR MUNICIPALITIES FOR THE DESIGNATION OF ATV  USE  ON
OTHER  PUBLIC LANDS MUST BE CONSISTENT WITH ENVIRONMENTAL IMPACT ASSESS-
MENTS AS PRESCRIBED BY 6 NYCRR PART 617, AND PARAGRAPH B OF  SUBDIVISION
ONE  AND  PARAGRAPH  M  OF SUBDIVISION TWO OF SECTION 3-0301 AND SECTION
8-0113 OF THE ENVIRONMENTAL CONSERVATION LAW.
  H. PROVISIONS FOR CURRENT TRAILS AND TRAILS  PENDING  APPROVAL  ON  OR
BEFORE  THE  EFFECTIVE  DATE OF THIS ARTICLE ARE PRESERVED IN PERPETUITY
AND NOTHING SHALL RESTRICT THE USE OF COMMISSIONER  POLICY  THREE  (CP3)
PERMITS  ISSUED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THESE
TRAILS.
  I. PROVISIONS PROHIBITING THE USE OF ATVS ON STATE OWNED LANDS CLASSI-
FIED AS THE FOLLOWING: ALBANY PINE BUSH, LONG ISLAND  PINE  BARRENS,  OR
LAND  OR  WATER  CLASSIFIED AS PRIMITIVE OR CANOE PURSUANT TO THE MASTER
PLAN FOR MANAGEMENT OF STATE LAND.
  2. OPERATION BY YOUTHFUL OPERATORS SHALL BE AS FOLLOWS:
  A. PERSONS BETWEEN TEN AND FOURTEEN YEARS OLD MUST HOLD A VALID SAFETY
CERTIFICATE AND BE ACCOMPANIED BY AN ADULT.
  B. PERSONS BETWEEN FIFTEEN AND EIGHTEEN YEARS OLD MUST  HOLD  A  VALID
SAFETY CERTIFICATE OR DRIVER'S LICENSE.
  S  2. Subdivision 1 of section 2282 of the vehicle and traffic law, as
amended by chapter 402 of the laws  of  1986,  is  amended  to  read  as
follows:
  1.  Except  as  hereinafter  provided, no person shall operate any ATV
within the state ON LANDS OTHER THAN THOSE PRIVATELY OWNED  BY  THE  ATV
OWNER  unless  such  ATV  has been registered and numbered in accordance
with the provisions of this article, and  the  registration  number  for
such  ATV  is  in  full force and effect and displayed as provided under
this article and regulations promulgated thereunder.

S. 6408--B                         72

  S 3. Paragraph (g) of subdivision 4 of section 2282 of the vehicle and
traffic law, as amended by chapter 402 of the laws of 1986,  is  amended
and a new paragraph (h) is added to read as follows:
  (g)  Annual fees shall not be prorated and such fees shall be applica-
ble to a year or any portion of a year. [Notwithstanding any  inconsist-
ent provision of this section, the difference collected between the fees
set forth in paragraphs (a) and (b) of this subdivision in effect on and
after  September first, two thousand nine and the fees set forth in such
paragraphs in effect prior to such date shall be deposited to the credit
of the dedicated highway and bridge trust fund.]
  (H) FEES COLLECTED FOR THE REGISTRATION OF ATVS WITH A DRY WEIGHT OVER
ONE THOUSAND ONE POUNDS PURSUANT TO THIS SECTION SHALL BE DEPOSITED INTO
THE ATV TRAIL FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-Y OF  THE
STATE  FINANCE  LAW, AND USED ONLY FOR THOSE PURPOSES ENUMERATED IN SUCH
SECTION.
  S 4. Subdivision 12 of section 2282 of the vehicle and traffic law, as
added by chapter 671 of the laws of 1985, is amended to read as follows:
  12. Out of state ATV registration. (A) The registration provisions  of
this  article shall not apply to non-resident owners who have registered
their ATVs in compliance with the registration and licensing laws of the
state, province, district or country of residence, provided that the ATV
is appropriately identified in accordance with the laws of the state  of
residence. The provisions of this subdivision shall not apply to a resi-
dent of another state, province, district or country which does not have
an  ATV registration and identification law. Nothing in this subdivision
shall be construed to authorize the operation of any ATV contrary to the
provisions of this article.
  (B) NON-RESIDENT OWNERS WHO HAVE REGISTERED THEIR ATVS  IN  COMPLIANCE
WITH  THE  REGISTRATION  AND LICENSING LAWS OF A JURISDICTION OUT OF THE
STATE, OR WHO RESIDE IN A JURISDICTION WHICH DOES NOT HAVE AN ATV REGIS-
TRATION AND IDENTIFICATION LAW, SHALL PAY AN ANNUAL FEE, EQUAL  TO  THAT
PROVIDED  FOR  PURSUANT  TO  PARAGRAPH  (B)  OF SUBDIVISION FOUR OF THIS
SECTION TO LAWFULLY OPERATE SUCH ATV IN THE STATE ON  LANDS  OTHER  THAN
THOSE PRIVATELY OWNED BY THE ATV OWNER.
  S  5. Section 2404 of the vehicle and traffic law, as added by chapter
402 of the laws of 1986, paragraph (e) of subdivision 1 and  subdivision
3  as  amended by chapter 554 of the laws of 2005, is amended to read as
follows:
  S 2404. Operating rules. 1. No person shall operate an ATV:
  (a) at a rate of speed greater than is reasonable  and  prudent  under
the  conditions  and  having  regard to the actual and potential hazards
then existing OR FASTER THAN FIFTY-FIVE MILES PER HOUR;
  (b) in a careless, reckless or negligent manner so as to  unreasonably
endanger  the  person  or  property of another or cause injury or damage
thereto;
  (c) on the tracks or right-of-way of an operating railroad;
  (d) in any tree nursery or  planting  in  a  manner  that  damages  or
destroys growing stock, or creates a substantial risk thereto;
  (e)  while  pulling  a  person  on skis or drawing or towing a sleigh,
sled, toboggan, inflatable device or trailer which carries or transports
any person unless attached by a rigid support, connection or towbar;
  (f) on the frozen surface of public waters: within one hundred feet of
any person other than a person riding on an ATV except  at  the  minimum
speed  required  to maintain forward movement of the ATV, nor within one
hundred feet of a fishing shanty or shelter except at the minimum  speed
required  to  maintain  forward movement of the ATV nor on an area which

S. 6408--B                         73

has been cleared of snow for skating purposes unless the area is  neces-
sary for access to the public water;
  (g)  within  one  hundred  feet of a dwelling between midnight and six
a.m., at a speed greater than minimum required to maintain forward move-
ment of the ATV;
  (h) on public lands, other than highways, or on  private  property  of
another  while  in  an  intoxicated  condition or under the influence of
narcotics or drugs;
  (I) ON STATE LANDS UNDER THE JURISDICTION OF THE DEPARTMENT  OF  ENVI-
RONMENTAL  CONSERVATION AND ON CONSERVATION EASEMENTS UNDER SUCH DEPART-
MENT'S JURISDICTION OR ON STATE LANDS  UNDER  THE  JURISDICTION  OF  THE
OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, EXCEPT AS SPECIF-
ICALLY AUTHORIZED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSU-
ANT  TO  SECTION  9-0303  OF  THE  ENVIRONMENTAL CONSERVATION LAW AND AS
AUTHORIZED BY THE OFFICE OF PARKS, RECREATION AND HISTORIC  PRESERVATION
PURSUANT  TO  ARTICLE  TWENTY-SIX  OF THE PARKS, RECREATION AND HISTORIC
PRESERVATION LAW;
  (J) ON PRIVATE LANDS UNLESS EXPRESSLY PERMITTED; OR
  (K) WHILE FAILING OR REFUSING TO COMPLY WITH LAW ENFORCEMENT.
  2. The operator of an ATV shall:
  (a) stop and yield to  an  authorized  ambulance,  civil  defense,  or
police  ATV or police vehicle being operated as an emergency vehicle and
approaching from any direction;
  (b) comply with any lawful order or direction of any police officer or
other person duly empowered to enforce the laws relating to ATVs;
  (C) KEEP THE ATV LIGHTS ON BETWEEN SUNSET AND SUNRISE;
  (D) WEAR A HELMET;
  (E) COMPLY WITH THE RULES OF THE ROAD INCLUDING  BUT  NOT  LIMITED  TO
ADHERENCE  TO  SIGNAGE, POSTED SPEED LIMITS, TRAVELING ON THE RIGHT EDGE
OF THE PAVED/ROAD SURFACE AND RIDING SINGLE FILE.
  3. [No person shall ride on or in a sleigh, sled, toboggan, inflatable
device or trailer which is being towed  or  trailed  by  an  ATV  unless
attached by a rigid support, connection or towbar.
  4.  A  person  operating an ATV shall ride only upon the permanent and
regular seat attached thereto, and such operator  shall  not  carry  any
other  person  nor shall any other person ride on an ATV unless such ATV
is designed to carry more than one person, in which  event  a  passenger
may  ride  upon  the  permanent  and  regular  seat  if designed for two
persons, or upon another seat firmly attached to the ATV at the rear  or
side of the operator.
  5.] For the purposes of title seven of this chapter, an ATV shall be a
motor  vehicle  and  the provisions of such title shall be applicable to
ATVs.
  [6.] 4. Local laws and ordinances. Nothing contained in  this  article
shall  be  deemed  to  limit  the  authority  of a county, city, town or
village from adopting or amending a local law or ordinance which imposes
stricter restrictions and conditions on the operation of ATVs  than  are
provided  or  authorized  by  this  section so long as such local law or
ordinance is  consistent  with  its  authority  to  protect  the  order,
conduct, health, safety and general welfare of persons or property.
  S  6. Section 2411 of the vehicle and traffic law, as added by chapter
402 of the laws of 1986, is amended to read as follows:
  S 2411. 1. Liability for negligence. Negligence in  the  use  [of]  OR
operation  of  an ATV shall be attributable to the owner. Every owner of
an ATV USED OR OPERATED IN THIS STATE ON LANDS OTHER THAN THOSE PRIVATE-
LY OWNED BY THE ATV OWNER MUST BE INSURED. OWNERS OF ATVS used or  oper-

S. 6408--B                         74

ated  in  this state shall be liable and responsible for death or injury
to [person] PERSONS or damage to property resulting from  negligence  in
the  use  or operation of such ATV [by any person using or operating the
same  with  the permission, express or implied, of such owner, provided,
however, that such operator's negligence shall not be attributed to  the
owner as to any claim or cause of action accruing to the operator or his
legal representative for such injuries or death].
  2.  DUTIES  OF ATV OWNERS AND OPERATORS. IT IS RECOGNIZED THAT DRIVING
AN ATV IS A VOLUNTARY ACTIVITY THAT MAY BE HAZARDOUS. IT  SHALL  BE  THE
DUTY OF ATV OWNERS AND OPERATORS:
  (A) TO KEEP THEIR ATVS IN PROPER WORKING ORDER.
  (B)  TO  FOLLOW  ANY  AND ALL OTHER RULES OF CONDUCT AS ARE PRESCRIBED
PURSUANT TO SECTION 26.03 OF THE PARKS, RECREATION AND HISTORIC  PRESER-
VATION LAW.
  (C) NOT TO OPERATE AN ATV IN ANY AREA NOT DESIGNATED FOR DRIVING ATVS.
  (D) NOT TO OPERATE AN ATV BEYOND THE CONDITIONS THAT LIMIT SPEED.
  (E) TO FAMILIARIZE THEMSELVES WITH RULES OF THE TRAIL.
  (F) NOT TO LEAVE THE SCENE OF ANY ACCIDENT RESULTING IN PERSONAL INJU-
RY OR DAMAGE TO THE PROPERTY BEYOND THE TRAIL.
  S  7. The state finance law is amended by adding a new section 99-y to
read as follows:
  S 99-Y. ATV TRAIL FUND. 1. THERE IS HEREBY ESTABLISHED  IN  THE  JOINT
CUSTODY  OF THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVA-
TION AND THE COMPTROLLER A FUND TO BE KNOWN AS THE "ATV TRAIL FUND".
  2. THE ATV TRAIL FUND SHALL CONSIST OF  MONEYS  APPROPRIATED  THERETO,
AND  FUNDS  TRANSFERRED  FROM  ANY  OTHER  FUND  OR SOURCE INCLUDING THE
PAYMENT OF FEES PURSUANT TO PARAGRAPH (H) OF SUBDIVISION FOUR OF SECTION
TWENTY-TWO HUNDRED EIGHTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
  3. TEN PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE  AVAILABLE
FOR  THE  ADMINISTRATIVE  COSTS  OF  ADMINISTERING SUCH FUND. FORTY-FIVE
PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL BE MADE AVAILABLE  FOR
THE  MAINTENANCE,  CONSTRUCTION  AND  DEVELOPMENT OF THE STATEWIDE TRAIL
SYSTEM. FORTY-FIVE PERCENT OF ALL MONEYS IN THE ATV TRAIL FUND SHALL  BE
MADE  AVAILABLE  FOR  ENFORCING  AND  EDUCATING  THE  PUBLIC  ABOUT  THE
PROVISIONS OF ARTICLE TWENTY-SIX OF THE PARKS, RECREATION  AND  HISTORIC
PRESERVATION LAW.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE  COMMIS-
SIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION.
  S 8. Paragraph (a) of subdivision 1 of section 2281 of the vehicle and
traffic  law,  as amended by chapter 319 of the laws of 1997, is amended
to read as follows:
  (a) "All terrain vehicle" or "ATV" means  any  self-propelled  vehicle
which  is  manufactured  for sale for operation primarily on off-highway
trails or off-highway competitions and  only  incidentally  operated  on
public  highways  providing  that  such  vehicle does not exceed seventy
inches in width,  or  one  thousand  FIVE  HUNDRED  pounds  dry  weight.
Provided,  however,  this definition shall not include a "snowmobile" or
other self-propelled vehicles manufactured for  off-highway  use  exclu-
sively  designed  for  travel on snow or ice, steered by skis or runners
and supported in whole or in part by one or more skis, belts  or  cleats
which utilize an endless belt tread.
  S  9.  The  vehicle and traffic law is amended by adding a new section
2414 to read as follows:
  S 2414. TRESPASS VIOLATION FINE. OPERATORS OF  ATVS  WHICH  HAVE  BEEN
CITED  FOR  TRESPASS  SHALL  BE  FINED  ONE  HUNDRED DOLLARS FOR A FIRST

S. 6408--B                         75

VIOLATION; TWO HUNDRED DOLLARS  FOR  A  SECOND  VIOLATION  WITHIN  THREE
HUNDRED  SIXTY-FIVE  DAYS  OF  THE  INITIAL  VIOLATION; AND FIVE HUNDRED
DOLLARS FOR SUBSEQUENT VIOLATIONS WITHIN THREE HUNDRED  SIXTY-FIVE  DAYS
OF  THE  INITIAL  VIOLATION. THE MONEY COLLECTED FROM THE FINES SHALL BE
PUT INTO THE ATV TRAIL FUND ESTABLISHED BY SECTION NINETY-NINE-Y OF  THE
STATE  FINANCE  LAW  AND  SHALL  BE SPLIT FIFTY PERCENT FOR ENFORCEMENT,
EDUCATION AND REMEDIATION AND THE OTHER FIFTY PERCENT FOR TRAIL  MAINTE-
NANCE AND TRAIL CONSTRUCTION AND DEVELOPMENT.
  S  10. Section 1-0303 of the environmental conservation law is amended
by adding four new subdivisions 26, 27, 28, and 29 to read as follows:
  26. "ALL TERRAIN VEHICLE" OR "ATV" SHALL HAVE THE MEANING SET FORTH IN
PARAGRAPH  (A)  OF  SUBDIVISION  ONE  OF  SECTION   TWENTY-TWO   HUNDRED
EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW.
  27.  "CONNECTOR  TRAIL" SHALL MEAN A PUBLIC HIGHWAY OR PORTION THEREOF
OPEN FOR TRAVEL BY ATVS, ANY TRAILS OR PORTIONS THEREOF; AND ANY  EXIST-
ING RAILROAD BEDS AND PRIVATE ROADS OR PORTIONS THEREOF.
  28.  "PRIVATE  ROAD"  SHALL  HAVE THE MEANING SET FORTH IN SECTION ONE
HUNDRED THIRTY-THREE OF THE VEHICLE AND TRAFFIC LAW.
  29. "PUBLIC HIGHWAY" SHALL HAVE THE MEANING SET FORTH IN  SECTION  ONE
HUNDRED THIRTY-FOUR OF THE VEHICLE AND TRAFFIC LAW.
  S  11. Section 9-0303 of the environmental conservation law is amended
by adding a new subdivision 8 to read as follows:
  8. ALL TERRAIN VEHICLES. A. THE PUBLIC USE  OF  ATVS,  AS  DEFINED  IN
PARAGRAPH   (A)   OF  SUBDIVISION  ONE  OF  SECTION  TWENTY-TWO  HUNDRED
EIGHTY-ONE OF THE VEHICLE AND TRAFFIC LAW,  ON  STATE  LANDS  UNDER  THE
DEPARTMENT'S  JURISDICTION  AND  ON  CONSERVATION  EASEMENTS  UNDER  THE
DEPARTMENT'S JURISDICTION IS PROHIBITED EXCEPT AS  SPECIFICALLY  AUTHOR-
IZED  BY THE DEPARTMENT IN CONSULTATION WITH THE OFFICE OF PARKS, RECRE-
ATION AND HISTORIC PRESERVATION PURSUANT TO THIS SUBDIVISION.
  B. AFTER APRIL FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT, IN CONSUL-
TATION WITH THE OFFICE OF PARKS, RECREATION  AND  HISTORIC  PRESERVATION
MAY  AUTHORIZE  THE  PUBLIC  USE OF ATVS ON FOREST PRESERVE LANDS BY THE
GENERAL PUBLIC BOTH INSIDE AND OUTSIDE THE BOUNDARIES OF THE  ADIRONDACK
PARK  OR  CATSKILL PARK AND ON OTHER STATE-OWNED LANDS UNDER THE DEPART-
MENT'S JURISDICTION WHICH ARE  LOCATED  WITHIN  THE  BOUNDARIES  OF  THE
ADIRONDACK PARK OR THE CATSKILL PARK FOR CONNECTOR TRAILS ONLY.
  C.  CONNECTOR  TRAILS  ON  FOREST PRESERVE LANDS INSIDE THE ADIRONDACK
PARK BOUNDARY:
  I. SHALL FOLLOW THE  SHORTEST  REASONABLE  ROUTE  THAT  IS  REASONABLY
PROTECTIVE OF THE ENVIRONMENT AND WILDLIFE;
  II. SHALL NOT INDIVIDUALLY EXCEED ONE AND ONE-HALF MILE IN LENGTH; AND
  III.  SHALL  NOT EXCEED A TOTAL MILEAGE OF FORTY-FIVE AND SUCH MILEAGE
SHALL BE ADMINISTERED BY THE DEPARTMENT; PROVIDED, HOWEVER, THAT IN  THE
EVENT  THAT  THE TOTAL AREA OF THE ADIRONDACK PARK IS EXPANDED AFTER THE
EFFECTIVE DATE OF THIS SUBDIVISION, SUCH FORTY-FIVE TOTAL MILEAGE  LIMI-
TATION  SHALL  BE EXPANDED TO REFLECT THE RATIO THAT FORTY-FIVE MILES IS
TO THE TOTAL ACREAGE OF SUCH PARK ON APRIL FIRST, TWO THOUSAND SIXTEEN.
  PROVIDED, HOWEVER, CONNECTOR TRAILS IN USE PRIOR TO THE EFFECTIVE DATE
OF THIS SUBDIVISION MAY REMAIN IN USE. CONNECTOR  TRAILS  NOT  EXCEEDING
THE MILEAGE LIMITS ESTABLISHED BY THIS SUBDIVISION MAY BE EXTENDED.
  D.  THE  DEPARTMENT  MAY,  IN  CONSULTATION  WITH THE OFFICE OF PARKS,
RECREATION AND HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE  OF  ATVS
ON  PUBLIC  HIGHWAYS  ON  CONSERVATION  EASEMENTS HELD BY THE DEPARTMENT
WHERE SUCH EASEMENTS INCLUDE THE  RIGHT  TO  ALLOW  SUCH  USE  AND  SUCH
AUTHORIZATION  IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION ONE
OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC  LAW  AND

S. 6408--B                         76

OTHER APPLICABLE LAW, AND MAY, IN CONSULTATION WITH THE OFFICE OF PARKS,
RECREATION  AND  HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE OF ATVS
ON ATV TRAILS AND PRIVATE ROADS ON CONSERVATION EASEMENTS  HELD  BY  THE
DEPARTMENT  WHERE SUCH EASEMENTS INCLUDE THE RIGHT TO ALLOW SUCH USE AND
SUCH AUTHORIZATION IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBDIVISION
TWO OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE AND  TRAFFIC  LAW
AND OTHER APPLICABLE LAW.
  E.  ON STATE LANDS UNDER THE JURISDICTION OF THE DEPARTMENT OTHER THAN
THOSE DESCRIBED IN PARAGRAPHS A AND B OF THIS SUBDIVISION,  THE  DEPART-
MENT  MAY,  IN  CONSULTATION  WITH  THE  OFFICE OF PARKS, RECREATION AND
HISTORIC PRESERVATION, AUTHORIZE THE PUBLIC USE OF  ATVS  IN  COMPLIANCE
WITH THE REQUIREMENTS OF SECTION TWENTY-FOUR HUNDRED FIVE OF THE VEHICLE
AND TRAFFIC LAW AND OTHER APPLICABLE LAW.
  F.  PERSONS  WITH  QUALIFYING  DISABILITIES TO WHOM THE DEPARTMENT HAS
ISSUED A PERMIT AND A COMPANION MAY USE ATVS AT THE LOCATIONS AUTHORIZED
BY SUCH PERMIT AND PURSUANT TO THE TERMS AND CONDITIONS OF SUCH  PERMIT.
SUCH  AUTHORIZATION  SHALL COMPLY WITH THE REQUIREMENTS OF SECTION TWEN-
TY-FOUR HUNDRED FIVE OF THE VEHICLE AND TRAFFIC LAW AND OTHER APPLICABLE
LAW.
  G. ATVS MAY BE USED ON STATE LAND UNDER THE DEPARTMENT'S  JURISDICTION
FOR APPROPRIATE ADMINISTRATIVE, LAW ENFORCEMENT, AND EMERGENCY PURPOSES.
  H. THE PROVISIONS OF THIS SUBDIVISION SHALL ONLY APPLY TO LANDS WITHIN
THE BOUNDARIES OF THE ADIRONDACK PARK AND THE CATSKILL PARK OR UNDER THE
JURISDICTION  OF THE DEPARTMENT ON OR BEFORE JANUARY FIRST, TWO THOUSAND
SIXTEEN.
  S 12. This act shall take effect immediately.

                                 PART RR

  Section 1. The vehicle and traffic law is  amended  by  adding  a  new
section 102-c to read as follows:
  S  102-C.  ELECTRIC  ASSISTED  BICYCLE. AN "ELECTRIC ASSISTED BICYCLE"
SHALL MEAN A BICYCLE EQUIPPED WITH FULLY OPERABLE PEDALS AND AN ELECTRIC
MOTOR OF LESS THAN SEVEN HUNDRED FIFTY WATTS. AN ELECTRIC ASSISTED BICY-
CLE WITH A MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE RIDER IS  PEDAL-
ING,  AND THAT CEASES TO PROVIDE ASSISTANCE WHEN THE BICYCLE REACHES THE
SPEED OF TWENTY MILES PER HOUR, IS A CLASS ONE ELECTRIC ASSISTED BICYCLE
OR A LOW-SPEED PEDAL-ASSISTED ELECTRIC BICYCLE.
  S 2. Section 121-b of the vehicle and traffic law, as amended by chap-
ter 160 of the laws of 1981, is amended to read as follows:
  S 121-b. Limited use motorcycle. A limited use vehicle having only two
or three wheels, with a seat or saddle for the operator, EXCEPT ELECTRIC
ASSISTED BICYCLES AS DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS  ARTI-
CLE.  A  limited  use  motorcycle having a maximum performance speed, of
more than thirty miles per hour but not more than forty miles  per  hour
shall  be  a  class  A  limited use motorcycle. A limited use motorcycle
having a maximum performance speed of more than twenty  miles  per  hour
but  not more than thirty miles per hour, shall be a class B limited use
motorcycle. A limited use motorcycle having a maximum performance  speed
of  not  more  than twenty miles per hour shall be a class C limited use
motorcycle.
  S 3. Section 125 of the vehicle and traffic law, as amended by chapter
365 of the laws of 2008, is amended to read as follows:
  S 125. Motor vehicles. Every vehicle operated or driven upon a  public
highway  which  is  propelled  by  any  power other than muscular power,
except (a) electrically-driven mobility assistance devices  operated  or

S. 6408--B                         77

driven  by a person with a disability, (a-1) electric personal assistive
mobility devices operated outside  a  city  with  a  population  of  one
million  or  more, (b) vehicles which run only upon rails or tracks, (c)
snowmobiles as defined in article forty-seven of this chapter, [and] (d)
all  terrain  vehicles  as  defined  in  article  forty-eight-B  of this
chapter, AND (E) ELECTRIC ASSISTED BICYCLES AS DEFINED  IN  SECTION  ONE
HUNDRED  TWO-C  OF THIS ARTICLE.  For the purposes of title four of this
chapter, the term motor vehicle shall exclude fire and  police  vehicles
other than ambulances.  For the purposes of titles four and five of this
chapter the term motor vehicles shall exclude farm type tractors and all
terrain type vehicles used exclusively for agricultural purposes, or for
snow  plowing,  other than for hire, farm equipment, including self-pro-
pelled machines used exclusively in growing, harvesting or handling farm
produce, and self-propelled caterpillar or crawler-type equipment  while
being operated on the contract site.
  S  4. Section 159 of the vehicle and traffic law is amended to read as
follows:
  S 159. Vehicle.  Every device in, upon, or  by  which  any  person  or
property  is  or  may  be  transported  or  drawn upon a highway, except
devices moved by human power or used exclusively upon  stationary  rails
or  tracks,  AND  ELECTRIC  ASSISTED  BICYCLES AS DEFINED IN SECTION ONE
HUNDRED TWO-C OF THIS ARTICLE.
  S 5. The vehicle and traffic law is amended by adding  a  new  section
1238-a to read as follows:
  S  1238-A. ADDITIONAL PROVISIONS APPLICABLE TO ELECTRIC ASSISTED BICY-
CLES, OPERATORS AND PASSENGERS. 1.  AN  ELECTRIC  ASSISTED  BICYCLE,  AS
DEFINED IN SECTION ONE HUNDRED TWO-C OF THIS CHAPTER, OR THE OPERATOR OF
AN  ELECTRIC ASSISTED BICYCLE, SHALL COMPLY WITH ALL OF THE RULES, REGU-
LATIONS AND PROVISIONS APPLICABLE TO A BICYCLE  OR  THE  OPERATOR  OF  A
BICYCLE  CONTAINED  IN  THIS  CHAPTER. IN ADDITION, AN ELECTRIC ASSISTED
BICYCLE IS SUBJECT TO THE FOLLOWING REQUIREMENTS:
  (A) EVERY MANUFACTURER OF AN ELECTRIC ASSISTED BICYCLE  SHALL  CERTIFY
THAT  IT  COMPLIES WITH THE EQUIPMENT AND MANUFACTURING REQUIREMENTS FOR
BICYCLES ADOPTED BY THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION
(16 C.F.R. 1512.1, ET SEQ.).
  (B) AN ELECTRIC ASSISTED BICYCLE SHALL OPERATE IN A MANNER SO THAT THE
ELECTRIC MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE  BRAKES  ARE
APPLIED, OR OPERATE IN A MANNER SUCH THAT THE MOTOR IS ENGAGED THROUGH A
SWITCH  OR  MECHANISM THAT, WHEN RELEASED, WILL CAUSE THE ELECTRIC MOTOR
TO DISENGAGE OR CEASE TO FUNCTION.
  (C) ON AND AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN,  MANUFACTURERS
AND  DISTRIBUTORS OF ELECTRIC ASSISTED BICYCLES SHALL APPLY A LABEL THAT
IS PERMANENTLY AFFIXED,  IN  A  PROMINENT  LOCATION,  TO  EACH  ELECTRIC
ASSISTED BICYCLE. THE LABEL SHALL CONTAIN THE CLASSIFICATION NUMBER, TOP
ASSISTED  SPEED, AND MOTOR WATTAGE OF THE ELECTRIC ASSISTED BICYCLE, AND
SHALL BE PRINTED IN ARIAL FONT IN AT LEAST NINE-POINT TYPE.
  (D) A PERSON SHALL NOT TAMPER WITH  OR  MODIFY  AN  ELECTRIC  ASSISTED
BICYCLE  SO  AS  TO CHANGE THE SPEED CAPABILITY OF THE ELECTRIC ASSISTED
BICYCLE, UNLESS HE OR SHE APPROPRIATELY REPLACES  THE  LABEL  INDICATING
THE  CLASSIFICATION REQUIRED IN PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION.
  2. THE FAILURE OF ANY PERSON TO COMPLY WITH  THE  PROVISIONS  OF  THIS
SECTION  SHALL  NOT  CONSTITUTE CONTRIBUTORY NEGLIGENCE OR ASSUMPTION OF
RISK, AND SHALL NOT IN ANY WAY BAR, PRECLUDE OR FORECLOSE AN ACTION  FOR
PERSONAL INJURY OR WRONGFUL DEATH BY OR ON BEHALF OF SUCH PERSON, NOR IN
ANY WAY DIMINISH OR REDUCE THE DAMAGES RECOVERABLE IN ANY SUCH ACTION.

S. 6408--B                         78

  S  6. Section 316 of the highway law, as amended by chapter 655 of the
laws of 1978, is amended to read as follows:
  S 316. Entitled to free use of highways. The authorities having charge
or  control  of  any highway, public street, park, parkway, driveway, or
place, shall have no power or authority to pass, enforce or maintain any
ordinance, rule or regulation by which any person using a bicycle, ELEC-
TRIC ASSISTED BICYCLE or tricycle shall be excluded or  prohibited  from
the  free  use of any highway, public street, avenue, roadway, driveway,
parkway, park, or place, at any time when the same is open to  the  free
use  of  persons  having and using other pleasure carriages, except upon
such driveway, speedway or road as has been  or  may  be  expressly  set
apart  by  law  for the exclusive use of horses and light carriages. But
nothing herein shall prevent the passage, enforcement or maintenance  of
any regulation, ordinance or rule, regulating the use of bicycles, ELEC-
TRIC  ASSISTED BICYCLES or tricycles in highways, public streets, drive-
ways, parks, parkways, and places, or the regulation  of  the  speed  of
carriages,  vehicles  or  engines, in public parks and upon parkways and
driveways in the city of New York, under the exclusive jurisdiction  and
control  of  the  department  of  parks and recreation of said city, nor
prevent any such authorities in any other city from regulating the speed
of any vehicles herein described in such manner as to limit  and  deter-
mine  the  proper rate of speed with which such vehicle may be propelled
nor in such manner as to require, direct or prohibit the use  of  bells,
lamps  and  other  appurtenances  nor to prohibit the use of any vehicle
upon that part of the highway, street, park, or parkway, commonly  known
as the footpath or sidewalk.
  S  7.  Section 180 of the general municipal law, as amended by chapter
668 of the laws of 2004, is amended to read as follows:
  S 180. Ordinances to regulate use of bicycles. The governing boards of
municipal corporations as defined in section two of  this  chapter,  may
adopt local laws to regulate the use of bicycles on the public highways,
streets,  avenues,  walks,  parks and public places within their limits.
Such local laws shall be supplemental and in addition to the  provisions
of  the vehicle and traffic law relating to vehicles and not in conflict
therewith. Provided further that such local laws shall  not  impose  any
charge, tax or otherwise not provide for the free use of bicycles, ELEC-
TRIC ASSISTED BICYCLES and tricycles.
  S 8. This act shall take effect immediately.

                                 PART SS

  Section 1. Notwithstanding any contrary provision of law, the New York
State  thruway  authority  shall discontinue the collection of tolls for
travel commencing at exit 49 (Depew - Lockport - NY78) and concluding at
exit 50 (Niagara Falls - I-290) of the Governor Thomas E. Dewey  Thruway
and  for  travel  commencing  at  exit  50  (Niagara  Falls - I-290) and
concluding at exit 49 (Depew - Lockport - NY78) of the  Governor  Thomas
E. Dewey Thruway.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART TT

  Section 1. The public service law is amended by adding a  new  section
5-a to read as follows:

S. 6408--B                         79

  S  5-A.  OVERSIGHT  BY  THE  NEW YORK STATE PUBLIC AUTHORITIES CONTROL
BOARD.  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,
THE  COMMISSION SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW YORK
STATE PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO ARTICLE ONE-A
OF  THE  PUBLIC  AUTHORITIES  LAW  PRIOR  TO TAKING ANY OF THE FOLLOWING
ACTIONS:
  (A) AN INCREASE IN  RATES,  CHARGES,  SURCHARGES,  ASSESSMENTS,  FEES,
LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED
FROM  RATEPAYERS  BY  MORE THAN SEVEN HUNDRED THOUSAND DOLLARS AND WHICH
REVENUES ARE COLLECTED SOLELY FOR AND DIRECTED TO  THE  NEW  YORK  STATE
ENERGY  RESEARCH  AND  DEVELOPMENT  AUTHORITY  AND  WOULD BE EFFECTUATED
THROUGH A SINGLE ORDER, DECISION, OR ADMINISTRATIVE ACTION OR THROUGH  A
SERIES OF SUCH ACTIVITIES; OR
  (B)  A  TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER ACTION THAT
WOULD CHANGE THE USE OF MONEY DIRECTED TO  THE  NEW  YORK  STATE  ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY PREVIOUSLY DESIGNATED OR INTENDED FOR
A DIFFERENT PURPOSE.
  2.  EACH  SUCH  APPLICATION  BY  THE  COMMISSION TO THE NEW YORK STATE
PUBLIC AUTHORITIES CONTROL BOARD SHALL CONTAIN A DESCRIPTION OF ANY SUCH
ACTION SET FORTH IN SUBDIVISION ONE OF THIS SECTION AND  AN  EXPLANATION
OF WHY THE ACTION IS JUST AND REASONABLE AND IN THE PUBLIC INTEREST.
  3.  THE COMMISSION SHALL CONDUCT A FULL COST-BENEFIT ANALYSIS, INCLUD-
ING PUBLIC COMMENT AND HEARINGS, AS TO THE IMPACT OF ANY SUCH ACTION AND
PROVIDE A COPY OF THE ANALYSIS WITH ITS  APPLICATION  TO  THE  NEW  YORK
STATE PUBLIC AUTHORITIES CONTROL BOARD.
  S 2. Section 1854 of the public authorities law is amended by adding a
new subdivision 22 to read as follows:
  22.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, THE
AUTHORITY SHALL APPLY TO, AND OBTAIN THE APPROVAL OF, THE NEW YORK STATE
PUBLIC AUTHORITIES CONTROL BOARD CREATED PURSUANT TO  ARTICLE  ONE-A  OF
THIS  CHAPTER PRIOR TO UNDERTAKING ANY TRANSFER, REPURPOSING, REPROGRAM-
MING, OR ANY OTHER ACTION THAT WOULD CHANGE THE USE OF MONEY  PREVIOUSLY
DESIGNATED OR INTENDED FOR A DIFFERENT PURPOSE. EACH SUCH APPLICATION BY
THE  AUTHORITY  SHALL CONTAIN A DESCRIPTION OF ANY SUCH ACTION SET FORTH
IN THIS SUBDIVISION AND AN EXPLANATION OF WHY THE  ACTION  IS  JUST  AND
REASONABLE  AND  IN  THE  PUBLIC INTEREST. THE AUTHORITY SHALL CONDUCT A
FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC COMMENT AND HEARINGS, AS TO
THE IMPACT OF ANY SUCH ACTION AND PROVIDE A COPY OF  THE  ANALYSIS  WITH
ITS APPLICATION TO THE NEW YORK STATE PUBLIC AUTHORITIES CONTROL BOARD.
  S  3.  Subdivision  1  of section 51 of the public authorities law, as
added by chapter 838 of the laws of 1983, paragraph k as added by  chap-
ter  506 of the laws of 1995, paragraph 1 as added by chapter 468 of the
laws of 2004, paragraph m as added by section 10 of part  E  of  chapter
494  of the laws of 2009, and paragraph n as added by chapter 533 of the
laws of 2010, is amended to read as follows:
  1. The New York state public authorities control board shall have  the
power and it shall be its duty to receive applications for approval of:
  A. the financing and construction of any project; OR
  B.  AN  INCREASE  IN  RATES,  CHARGES,  SURCHARGES, ASSESSMENTS, FEES,
LEVIES, OR ANY OTHER COLLECTIONS, WHICH WOULD INCREASE REVENUES OBTAINED
FROM RATEPAYERS OR TAXPAYERS BY MORE THAN SEVEN HUNDRED THOUSAND DOLLARS
AND WHICH REVENUES ARE COLLECTED SOLELY FOR AND DIRECTED TO THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND WOULD BE EFFECTUATED
THROUGH A SINGLE ORDER, DECISION, OR ADMINISTRATIVE ACTION OR THROUGH  A
SERIES OF SUCH ACTIVITIES; OR

S. 6408--B                         80

  C.  A  TRANSFER,  REPURPOSING, REPROGRAMMING, OR ANY OTHER ACTION THAT
WOULD CHANGE THE USE OF MONEY DIRECTED TO  THE  NEW  YORK  STATE  ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY PREVIOUSLY DESIGNATED OR INTENDED FOR
A DIFFERENT PURPOSE.
  1-A.  SUCH  APPLICATIONS WOULD BE THOSE THAT MAY BE proposed by any of
the following state public benefit corporations OR ENTITIES:
  a. New York state environmental facilities corporation
  b. New York state housing finance agency
  c. New York state medical care facilities finance agency
  d. Dormitory authority
  e. New York state urban development corporation
  f. Job development authority
  g. Battery park city authority
  h. New York state project finance agency
  i. State of New York mortgage agency
  j. New York state energy research and development authority
  k. Long Island Power Authority
  l. Albany Convention Center Authority
  m. State of New York Municipal  Bond  Bank  Agency  for  bonds  issued
pursuant to section two thousand four hundred thirty-six-b of this chap-
ter
  n. North Country Power Authority
  O. PUBLIC SERVICE COMMISSION
  Any  application  made  concerning  a project shall include the terms,
conditions and dates of the repayment of state appropriations authorized
by law pursuant to a repayment agreement. Any subsidiary of,  or  corpo-
ration  with  the  same members or directors as, a public benefit corpo-
ration subject to the provisions of this section shall also  be  subject
to  the  provisions of this section. All applications and submissions to
the board required to be made by a subsidiary shall be made on behalf of
such subsidiary by the public  benefit  corporation  which  created  the
subsidiary.
  1-B.  No  public benefit corporation subject to the provisions of this
section shall make any commitment, enter into any agreement or incur any
indebtedness for the purpose of acquiring,  constructing,  or  financing
any  project  unless  prior approval has been received from the board by
such public benefit corporation as provided herein.
  S 4. Subdivision 3 of section 51 of the  public  authorities  law,  as
added by chapter 838 of the laws of 1983, is amended to read as follows:
  3.  The  board  may  approve  applications only upon its determination
that[,]:
  A. with relation to any proposed project,  there  are  commitments  of
funds  sufficient  to  finance  the acquisition and construction of such
project; OR
  B. A FULL COST-BENEFIT ANALYSIS, INCLUDING PUBLIC  COMMENT  AND  HEAR-
INGS, HAS BEEN CONDUCTED AS TO THE IMPACT OF ANY OF THE FOLLOWING ACTIV-
ITIES THAT ARE SUBJECT TO ITS JURISDICTION PURSUANT TO THIS SECTION:
  (1)  AN  INCREASE  IN  RATES,  CHARGES, SURCHARGES, ASSESSMENTS, FEES,
LEVIES, OR ANY OTHER COLLECTIONS; OR
  (2) A TRANSFER, REPURPOSING, REPROGRAMMING, OR ANY OTHER  ACTION  THAT
WOULD  CHANGE  THE  USE OF MONEY PREVIOUSLY DESIGNATED OR INTENDED FOR A
DIFFERENT PURPOSE; AND
  C. THAT SUCH COST-BENEFIT ANALYSIS SHOWS THAT THE ACTIONS DESCRIBED IN
PARAGRAPH B OF THIS SUBDIVISION ARE JUST, REASONABLE, AND IN THE  PUBLIC
INTEREST.    In determining the sufficiency of commitments of funds, the
board may consider commitments of funds, projections of  fees  or  other

S. 6408--B                         81

revenues  and  security,  which  may,  in  the  discretion of the board,
include collateral security sufficient to retire a proposed indebtedness
or protect or indemnify against potential  liabilities  proposed  to  be
undertaken. A copy of such determination shall be submitted to the chief
executive officer of the appropriate public benefit corporation OR OTHER
ENTITY  SUBJECT  TO  THE BOARD'S JURISDICTION and SUBMITTED TO the state
comptroller.
  S 5. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through TT of this act shall be
as specifically set forth in the last section of such Parts.

2015-S6408C (ACTIVE) - Details

See Assembly Version of this Bill:: A9008
Law Section:: Budget Bills
Laws Affected:: Amd Various Laws, generally

2015-S6408C (ACTIVE) - Summary

2015-S6408C (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6408--C                                            A. 9008--C

                      S E N A T E - A S S E M B L Y

                            January 14, 2016
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when  printed to be committed to the Committee on Finance -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee  --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

IN ASSEMBLY -- A BUDGET BILL, submitted  by  the  Governor  pursuant  to
  article  seven  of  the  Constitution -- read once and referred to the
  Committee on Ways and Means --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  again reported from said committee with amendments, ordered  reprinted
  as  amended  and  recommitted to said committee -- again reported from
  said committee with  amendments,  ordered  reprinted  as  amended  and
  recommitted to said committee

AN  ACT  intentionally omitted (Part A); intentionally omitted (Part B);
  intentionally omitted (Part C); to amend the vehicle and  traffic  law
  and  the  state finance law, in relation to the dedication of revenues
  and the costs of the department of motor vehicles;  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  the  effectiveness
  thereof;  to repeal subdivision 2 of section 89-g of the state finance
  law relating to funds to be placed into the accident prevention course
  internet, and other technology  pilot  program  fund;  and  to  repeal
  certain provisions of the state finance law relating to the motorcycle
  safety  fund  (Part  D);  to  amend  the  vehicle  and traffic law, in
  relation to covered farm vehicles and to expand the  scope  of  the  P
  endorsement;  and  to  repeal  certain provisions of such law relating
  thereto (Part E); to amend the New York state urban development corpo-
  ration act, in relation to extending certain  provisions  relating  to
  the  empire state economic development fund (Part F); 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 the effective-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD12673-05-6

S. 6408--C                          2                         A. 9008--C

  ness thereof (Part G);  to  establish  the  Transformational  Economic
  Development   Infrastructure  and  Revitalization  Projects  act;  and
  providing for the repeal of such provisions  upon  expiration  thereof
  (Part  H);  to authorize and direct the New York state energy research
  and development authority to make a payment to the general fund of  up
  to  $913,000 (Part I); to authorize the New York state energy research
  and development authority to finance a portion of its research, devel-
  opment and demonstration, policy and planning, zero emissions  vehicle
  and  electric  vehicle rebate and Fuel NY programs, and to finance the
  department of environmental  conservation's  climate  change  program,
  from  an  assessment  on  gas  and  electric corporations (Part J); to
  authorize the department of health to finance certain activities  with
  revenues  generated  from  an assessment on cable television companies
  (Part K); to amend the public service law, in relation to  authorizing
  the  department  of  public  service  to increase program efficiencies
  (Part L); to amend chapter 21 of the laws of 2003, amending the execu-
  tive law, relating to permitting the secretary  of  state  to  provide
  special  handling for all documents filed or issued by the division of
  corporations  and  to  permit  additional  levels  of  such  expedited
  service,  in  relation  to extending the expiration date thereof (Part
  M); intentionally omitted (Part N); to amend the general business law,
  in relation to authorized combative sports and to the costs  of  boxer
  medical  examinations;  and  to  amend  a  chapter of the laws of 2016
  amending the general business law and other laws relating  to  author-
  ized  combative  sports,  as  proposed  in  legislative  bill  numbers
  S.5949-A and A.2604-C, in relation to the  effectiveness  thereof  and
  the  service  of  commissioners on the state athletic commission (Part
  O); 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 relative to  the  establishment  of
  subsidiaries  for  certain  purposes, in relation to the effectiveness
  thereof (Part P); intentionally omitted (Part Q); intentionally  omit-
  ted  (Part  R);  to  amend the New York state urban development corpo-
  ration act, in relation to transferring the  statutory  authority  for
  the  promulgation  of marketing orders from the department of agricul-
  ture and markets to the New York state urban development  corporation;
  to repeal certain provisions of the agriculture and markets law relat-
  ing  to  the marketing of agricultural products; and providing for the
  repeal of such provisions upon expiration thereof (Part S);  to  amend
  the  environmental conservation law, in relation to waste tire manage-
  ment (Part T); to amend the state finance law, in relation to creating
  a new climate change mitigation and adaptation account in the environ-
  mental protection fund; to amend the environmental  conservation  law,
  in  relation to local waterfront revitalization programs; to amend the
  environmental conservation law, in relation to climate smart community
  projects; and to amend the executive law, in relation to payments  for
  local waterfront revitalization programs (Part U); intentionally omit-
  ted  (Part  V);  to  amend the New York state urban development corpo-
  ration act, in relation to the criteria governing the award of  grants
  from  the  beginning  farmers  NY fund (Part W); to amend the environ-
  mental conservation law, in relation to retrofit technology for  dies-
  el-fueled  vehicles (Part X); to amend the vehicle and traffic law, in
  relation to the disposition of certain fees received from  the  regis-
  tration  of  snowmobiles (Part Y); to amend the public service law, in
  relation to operation of  farm  waste  electric  generating  equipment
  (Part  Z); relating to establishing a zero emissions vehicle and clean

S. 6408--C                          3                         A. 9008--C

  burning fuel vehicle rebate program (Part AA); and to amend subpart  H
  of  part  C of chapter 20 of the laws of 2015, appropriating money for
  certain municipal corporations and school districts,  in  relation  to
  funding to local government entities from the urban development corpo-
  ration;  and to repeal certain provisions of such law relating thereto
  (Part BB)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2016-2017
state fiscal year. Each component is  wholly  contained  within  a  Part
identified as Parts A through BB. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of  this  act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding  section  of  the
Part  in  which  it  is  found. Section three of this act sets forth the
general effective date of this act.

                                 PART A

                          Intentionally Omitted

                                 PART B

                          Intentionally Omitted

                                 PART C

                          Intentionally Omitted

                                 PART D

  Section 1. Section 399-l of the vehicle and traffic law, as  added  by
chapter 751 of the laws of 2005, is amended to read as follows:
  S  399-l.  Application.  Applicants  for  participation  in  the pilot
program established pursuant to this article shall be among those  acci-
dent  prevention  course sponsoring agencies that have a course approved
by the commissioner pursuant to article twelve-B of this title prior  to
the  effective date of this article and which deliver such course to the
public.  Provided,  however,  the  commissioner  may,  in  his  or   her
discretion,  approve  applications  after  such  date.  In  order  to be
approved for participation in such pilot program, the course must comply
with the provisions of law, rules and  regulations  applicable  thereto.
The  commissioner  may,  in  his or her discretion, impose a fee for the
submission of each application  to  participate  in  the  pilot  program
established  pursuant  to  this article. Such fee shall not exceed seven
thousand five hundred dollars. The  proceeds  from  such  fee  shall  be
deposited  [in  the accident prevention course internet technology pilot
program fund as  established  by  section  eighty-nine-g  of  the  state
finance  law] BY THE COMPTROLLER INTO THE SPECIAL OBLIGATION RESERVE AND
PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTAB-

S. 6408--C                          4                         A. 9008--C

LISHED  PURSUANT  TO  SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
  S  2.  Subdivision  2  of  section  89-g  of  the state finance law is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
  S 3. Section 5 of chapter 751 of the laws of 2005, amending the insur-
ance law and the vehicle and traffic law relating  to  establishing  the
accident prevention course internet technology pilot program, as amended
by  section 1 of part E of chapter 57 of the laws of 2014, is amended to
read as follows:
  S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall expire and be deemed repealed  [May
31,  2019] APRIL 1, 2020; provided that any rules and regulations neces-
sary to implement the provisions of this act on its effective  date  are
authorized and directed to be completed on or before such date.
  S  4.  Paragraph  a of subdivision 5 of section 410 of the vehicle and
traffic law, as amended by section 16 of part G of  chapter  59  of  the
laws of 2009, is amended to read as follows:
  a.  The  annual fee for registration or reregistration of a motorcycle
shall be eleven dollars and fifty cents.  Beginning April  first,  nine-
teen hundred ninety-eight the annual fee for registration or reregistra-
tion  of  a  motorcycle  shall  be seventeen dollars and fifty cents, of
which two dollars and fifty cents shall be deposited BY THE  COMPTROLLER
into  the  [motorcycle safety fund established pursuant to section nine-
ty-two-g of the  state  finance  law]  SPECIAL  OBLIGATION  RESERVE  AND
PAYMENT  ACCOUNT  OF  THE DEDICATED HIGHWAY AND BRIDGE TRUST FUND ESTAB-
LISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE  FINANCE  LAW  FOR
THE PURPOSES ESTABLISHED IN THIS SECTION.
  S  5.  Paragraph  (c-1) of subdivision 2 of section 503 of the vehicle
and traffic law, as added by chapter 435 of the laws of 1997, is amended
to read as follows:
  (c-1) In addition to the fees established in paragraphs (b) and (c) of
this subdivision, a fee of fifty cents for each six  months  or  portion
thereof of the period of validity shall be paid upon the issuance of any
permit, license or renewal of a license which is valid for the operation
of  a motorcycle, except a limited use motorcycle. Fees collected pursu-
ant to this paragraph shall be deposited BY  THE  COMPTROLLER  into  the
[motorcycle  safety fund established pursuant to section ninety-two-g of
the state finance law] SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF
THE DEDICATED HIGHWAY AND BRIDGE  TRUST  FUND  ESTABLISHED  PURSUANT  TO
SECTION  EIGHTY-NINE-B  OF THE STATE FINANCE LAW FOR THE PURPOSES ESTAB-
LISHED IN THIS SECTION.
  S 6. Subdivision 2 of  section  92-g  of  the  state  finance  law  is
REPEALED and subdivisions 3 and 4 are renumbered subdivisions 2 and 3.
  S 7. Section 92-g of the state finance law is REPEALED.
  S 8. Section 317 of the vehicle and traffic law is amended by adding a
new subdivision 5 to read as follows:
  5.  ALL ASSESSMENTS CHARGED AND COLLECTED BY THE COMMISSIONER PURSUANT
TO THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER INTO  THE  SPECIAL
OBLIGATION  RESERVE  AND  PAYMENT  ACCOUNT  OF THE DEDICATED HIGHWAY AND
BRIDGE TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B  OF  THE
STATE FINANCE LAW.
  S  9.  Paragraph  (b) of subdivision 1-a of section 318 of the vehicle
and traffic law, as amended by section 1-b of part A of  chapter  63  of
the laws of 2005, is amended to read as follows:
  (b)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
sion, an order of suspension issued pursuant to paragraph (a) or (e)  of

S. 6408--C                          5                         A. 9008--C

this subdivision may be terminated if the registrant pays to the commis-
sioner a civil penalty in the amount of eight dollars for each day up to
thirty  days  for  which  financial security was not in effect, plus ten
dollars for each day from the thirty-first to the sixtieth day for which
financial  security  was not in effect, plus twelve dollars for each day
from the sixty-first to the ninetieth day for which  financial  security
was  not  in  effect.  Of each eight dollar penalty, six dollars will be
deposited in the general fund and  two  dollars  in  the  [miscellaneous
special  revenue fund - compulsory insurance account] SPECIAL OBLIGATION
RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY  AND  BRIDGE  TRUST
FUND  ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE
LAW FOR THE PURPOSES ESTABLISHED IN THIS SECTION.  Of  each  ten  dollar
penalty  collected,  six  dollars will be deposited in the general fund,
two dollars will be deposited in the [miscellaneous special revenue fund
- compulsory insurance account] SPECIAL OBLIGATION RESERVE  AND  PAYMENT
ACCOUNT  OF  THE  DEDICATED  HIGHWAY  AND  BRIDGE TRUST FUND ESTABLISHED
PURSUANT TO SECTION EIGHTY-NINE-B OF  THE  STATE  FINANCE  LAW  FOR  THE
PURPOSES ESTABLISHED IN THIS SECTION, and two dollars shall be deposited
in  the  dedicated highway and bridge trust fund established pursuant to
section eighty-nine-b of the state finance law and  the  dedicated  mass
transportation fund established pursuant to section eighty-nine-c of the
state  finance law and distributed according to the provisions of subdi-
vision (d) of section three hundred one-j of the tax law. Of each twelve
dollar penalty collected, six dollars will be deposited into the general
fund, two dollars will be  deposited  into  the  [miscellaneous  special
revenue  fund - compulsory insurance account] SPECIAL OBLIGATION RESERVE
AND PAYMENT ACCOUNT OF THE  DEDICATED  HIGHWAY  AND  BRIDGE  TRUST  FUND
ESTABLISHED  PURSUANT  TO SECTION EIGHTY-NINE-B OF THE STATE FINANCE LAW
FOR THE PURPOSES ESTABLISHED IN THIS SECTION, and four dollars shall  be
deposited  in  the  dedicated  highway and bridge trust fund established
pursuant to section eighty-nine-b of the state finance law and the dedi-
cated mass transportation fund established pursuant to  section  eighty-
nine-c  of  the  state  finance  law  and  distributed  according to the
provisions of subdivision (d) of section three hundred one-j of the  tax
law. The foregoing provision shall apply only once during any thirty-six
month  period  and only if the registrant surrendered the certificate of
registration and number plates to the commissioner not more than  ninety
days  from  the  date of termination of financial security or submits to
the commissioner new proof of financial security which took  effect  not
more than ninety days from the termination of financial security.
  S  10.  Section  423-a  of  the  vehicle and traffic law is amended by
adding a new subdivision 6 to read as follows:
  6. ALL FUNDS COLLECTED FROM THE DEPARTMENT'S  SHARE  OF  THE  SALE  OF
ASSETS  PURSUANT  TO  THIS SECTION SHALL BE DEPOSITED BY THE COMPTROLLER
INTO THE SPECIAL OBLIGATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED
HIGHWAY  AND  BRIDGE  TRUST  FUND  ESTABLISHED   PURSUANT   TO   SECTION
EIGHTY-NINE-B OF THE STATE FINANCE LAW.
  S  11.  Paragraph  (a)  of  subdivision 3 of section 89-b of the state
finance law, as amended by section 8 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
five,  two  hundred  eighty-nine-e,  three  hundred  one-j, five hundred
fifteen and eleven hundred sixty-seven of  the  tax  law,  section  four
hundred  one  of  the vehicle and traffic law, and section thirty-one of

S. 6408--C                          6                         A. 9008--C

chapter fifty-six of the laws of nineteen hundred ninety-three, (ii) all
fees, fines or penalties collected by the commissioner of transportation
AND THE COMMISSIONER OF MOTOR VEHICLES pursuant  to  section  fifty-two,
section  three  hundred  twenty-six, section eighty-eight of the highway
law, subdivision fifteen of section three hundred  eighty-five,  SECTION
FOUR  HUNDRED  TWENTY-THREE-A,  SECTION  FOUR HUNDRED TEN, SECTION THREE
HUNDRED SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C, AND
PARAGRAPH (C-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE of  the
vehicle  and  traffic law, section two of the chapter of the laws of two
thousand three that amended this paragraph, subdivision (d)  of  section
three  hundred  four-a, paragraph one of subdivision (a) and subdivision
(d) of section three hundred five, subdivision  six-a  of  section  four
hundred  fifteen and subdivision (g) of section twenty-one hundred twen-
ty-five of the vehicle and traffic law, section fifteen of this chapter,
excepting moneys deposited with the  state  on  account  of  betterments
performed  pursuant  to  subdivision twenty-seven or subdivision thirty-
five of section ten of the highway law, and  sections  ninety-four,  one
hundred thirty-five, [one hundred forty-four] and one hundred forty-five
of  the transportation law, (iii) any moneys collected by the department
of transportation for services provided pursuant to  agreements  entered
into  in  accordance with section ninety-nine-r of the general municipal
law, and (iv) any other moneys collected therefor or credited or  trans-
ferred thereto from any other fund, account or source.
  S  12.  Paragraph  (a)  of  subdivision 3 of section 89-b of the state
finance law, as amended by section 9 of part C of chapter 57 of the laws
of 2014, is amended to read as follows:
  (a) The special obligation reserve and payment account  shall  consist
(i)  of all moneys required to be deposited in the dedicated highway and
bridge trust fund pursuant to the provisions  of  sections  two  hundred
eighty-nine-e,  three  hundred  one-j,  five  hundred fifteen and eleven
hundred sixty-seven of the tax law, section  four  hundred  one  of  the
vehicle  and traffic law, and section thirty-one of chapter fifty-six of
the laws of nineteen hundred  ninety-three,  (ii)  all  fees,  fines  or
penalties  collected  by  the  commissioner  of  transportation  AND THE
COMMISSIONER OF MOTOR VEHICLES pursuant to  section  fifty-two,  section
three  hundred  twenty-six,  section  eighty-eight  of  the highway law,
subdivision fifteen of section three hundred eighty-five,  SECTION  FOUR
HUNDRED  TWENTY-THREE-A, SECTION FOUR HUNDRED TEN, SECTION THREE HUNDRED
SEVENTEEN, SECTION THREE HUNDRED EIGHTEEN, ARTICLE TWELVE-C,  AND  PARA-
GRAPH  (C-1)  OF  SUBDIVISION  TWO  OF SECTION FIVE HUNDRED THREE of the
vehicle and traffic law, section  fifteen  of  this  chapter,  excepting
moneys  deposited  with  the  state  on account of betterments performed
pursuant to  subdivision  twenty-seven  or  subdivision  thirty-five  of
section  ten  of  the highway law, and sections ninety-four, one hundred
thirty-five, [one hundred forty-four] and one hundred forty-five of  the
transportation  law,  (iii)  any  moneys  collected by the department of
transportation for services provided pursuant to agreements entered into
in accordance with section ninety-nine-r of the general  municipal  law,
and  (iv) any other moneys collected therefor or credited or transferred
thereto from any other fund, account or source.
  S 13. This act shall take effect immediately; provided, however,  that
section  seven  of  this  act  shall take effect April 1, 2020; provided
further, however, that the amendments to section 399-1  of  the  vehicle
and  traffic  law  made  by section one of this act shall not affect the
repeal of such section and  shall  be  deemed  repealed  therewith;  and
provided  further,  however,  that  the  amendments  to paragraph (a) of

S. 6408--C                          7                         A. 9008--C

subdivision 3 of section 89-b of the state finance law made  by  section
eleven  of  this act shall be subject to the expiration and reversion of
such paragraph pursuant to section 13 of part U1 of chapter  62  of  the
laws  of 2003, as amended, when upon such date the provisions of section
twelve of this act shall take effect.

                                 PART E

  Section 1. Subparagraph (vi) of paragraph  (b)  of  subdivision  2  of
section 501 of the vehicle and traffic law is REPEALED.
  S  2.  Subparagraph  (i)  of paragraph (b) of subdivision 4 of section
501-a of the vehicle and traffic law, as amended by chapter  36  of  the
laws of 2009, is amended to read as follows:
  (i)  a personal use vehicle or a COVERED farm vehicle or a combination
of such vehicles;
  S 3. Subdivision 7 of section 501-a of the vehicle and traffic law  is
REPEALED,  subdivision 8 is renumbered subdivision 7, and a new subdivi-
sion 8 is added to read as follows:
  8. COVERED FARM VEHICLE. (A) A  VEHICLE  OR  COMBINATION  OF  VEHICLES
REGISTERED  IN  THIS  STATE,  WHICH  (I) DISPLAYS A COVERED FARM VEHICLE
DESIGNATION ISSUED BY THE COMMISSIONER, (II) IS OPERATED BY THE OWNER OR
OPERATOR OF A FARM OR RANCH, OR AN EMPLOYEE OR FAMILY MEMBER OF AN OWNER
OR OPERATOR OF A FARM OR RANCH, (III) IS USED TO TRANSPORT  AGRICULTURAL
COMMODITIES,  LIVESTOCK,  MACHINERY  OR  SUPPLIES  TO  OR FROM A FARM OR
RANCH, (IV) IS NOT USED IN FOR-HIRE MOTOR CARRIER OPERATIONS,  EXCLUSIVE
OF  OPERATION  BY A TENANT PURSUANT TO A CROP SHARE FARM LEASE AGREEMENT
TO TRANSPORT THE LANDLORD'S PORTION OF THE CROPS UNDER  THAT  AGREEMENT;
AND (V) IS NOT USED FOR THE TRANSPORTATION OF HAZARDOUS MATERIALS.
  (B)  A COVERED FARM VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHI-
CLE WEIGHT RATING, WHICHEVER IS GREATER, OF MORE THAN  TWENTY-SIX  THOU-
SAND  POUNDS  MAY ONLY BE OPERATED WITHIN ONE HUNDRED FIFTY AIR MILES OF
THE FARM OR RANCH.
  (C) THE COMMISSIONER SHALL, BY REGULATION, DESIGNATE AN ENDORSEMENT OR
ENDORSEMENTS FOR THE OPERATION OF COVERED FARM  VEHICLES  WITH  A  GROSS
VEHICLE  WEIGHT  OR  GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX
THOUSAND POUNDS. SUCH ENDORSEMENT OR ENDORSEMENTS SHALL BE  REQUIRED  TO
OPERATE SUCH A COVERED FARM VEHICLE OR COMBINATION OF COVERED FARM VEHI-
CLES.  THE  IDENTIFICATION AND SCOPE OF SUCH ENDORSEMENT OR ENDORSEMENTS
SHALL, AT A MINIMUM, INCLUDE A DISTINCTION BETWEEN THE  OPERATION  OF  A
COVERED  FARM  VEHICLE  HAVING  A  GROSS VEHICLE WEIGHT OR GROSS VEHICLE
WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS AND THE  OPERATION
OF  A COMBINATION OF COVERED FARM VEHICLES HAVING A GROSS VEHICLE WEIGHT
OR GROSS VEHICLE WEIGHT RATING OF MORE THAN TWENTY-SIX THOUSAND POUNDS.
  (D) FOR THE PURPOSES OF THIS SUBDIVISION, THE GROSS VEHICLE WEIGHT  OF
A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE VEHICLE AND THE LOAD.
  S  4.  Subparagraph  (iv) of paragraph (b) of subdivision 2 of section
501 of the vehicle and traffic law, as added by chapter 173 of the  laws
of 1990, is amended to read as follows:
  (iv)  P  endorsement. Shall be required to operate a bus as defined in
sections one hundred four and five hundred nine-a of this chapter OR ANY
MOTOR VEHICLE WITH A GROSS VEHICLE WEIGHT OR GROSS VEHICLE WEIGHT RATING
OF MORE THAN TWENTY-SIX THOUSAND POUNDS WHICH IS DESIGNED  TO  TRANSPORT
PASSENGERS  IN COMMERCE. FOR THE PURPOSES OF THIS SUBPARAGRAPH THE GROSS
VEHICLE WEIGHT OF A VEHICLE SHALL MEAN THE ACTUAL WEIGHT OF THE  VEHICLE
AND THE LOAD.

S. 6408--C                          8                         A. 9008--C

  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.

                                 PART F

  Section  1.  Subdivision 3 of section 16-m of section 1 of chapter 174
of the laws of 1968 constituting the New York  state  urban  development
corporation  act, as amended by section 1 of part M of chapter 58 of the
laws of 2015, is amended to read as follows:
  3. The provisions of this section shall  expire,  notwithstanding  any
inconsistent provision of subdivision 4 of section 469 of chapter 309 of
the laws of 1996 or of any other law, on July 1, [2016] 2017.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2016.

                                 PART G

  Section 1. Section 2 of chapter 393 of the laws of 1994, amending  the
New York state urban development corporation act, relating to the powers
of  New  York  state  urban  development  corporation  to make loans, as
amended by section 1 of part N of chapter 58 of the  laws  of  2015,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately provided, however, that
section one of this act shall expire on July 1, [2016]  2017,  at  which
time the provisions of subdivision 26 of section 5 of the New York state
urban  development  corporation  act shall be deemed repealed; provided,
however, that neither the expiration nor the repeal of such  subdivision
as provided for herein shall be deemed to affect or impair in any manner
any  loan  made  pursuant  to the authority of such subdivision prior to
such expiration and repeal.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART H

  Section  1. This act shall be known and may be cited as the "Transfor-
mational Economic Development Infrastructure and Revitalization Projects
act".
  S 2. Definitions. For the purposes of this act,  the  following  terms
shall have the following meanings:
  1. "Transformational Economic Development Infrastructure and Revitali-
zation  Projects act" or "projects" shall mean projects in the county of
New York related to the Jacob K.  Javits Convention Center,  the  Empire
Station  Complex, the James A. Farley Redevelopment, or the Pennsylvania
Station New York Redevelopment. The term "project" shall refer to any of
these construction projects.
  2. "Authorized entity" shall mean the New York State Urban Development
Corporation, the New York  Convention  Center  Development  Corporation,
and/or their subsidiaries.
  3.  "Best  value"  shall  mean  the  basis  for awarding contracts for
services to the bidder that optimize quality, cost and efficiency, price
and performance criteria, which may include, but is not limited to:
  (a) The quality of the contractor's performance on previous projects;
  (b)  The  timeliness  of  the  contractor's  performance  on  previous
projects;

S. 6408--C                          9                         A. 9008--C

  (c)  The level of customer satisfaction with the contractor's perform-
ance on previous projects;
  (d)  The contractor's record of performing previous projects on budget
and ability to minimize cost overruns;
  (e) The contractor's ability to limit change orders;
  (f) The contractor's ability to prepare appropriate project plans;
  (g) The contractor's technical capacities;
  (h) The individual qualifications of the contractor's key personnel;
  (i) The contractor's ability to assess and manage  risk  and  minimize
risk impact; and
  (j)  The  contractor's  past record of encouraging women and minority-
owned business enterprise participation and compliance with article 15-A
of the executive law.
  Such basis shall reflect, wherever possible, objective  and  quantifi-
able analysis.
  4. "Design-build contract" shall mean, in conformity with the require-
ments  of  this  act,  a contract for the design and construction of the
projects with a single entity, which may be a team comprised of separate
entities.
  5. "Procurement record" shall mean documentation of the decisions made
and the approach taken in the procurement process.
  6. "Project labor agreement" shall mean a pre-hire collective bargain-
ing agreement  between  a  contractor  and  a  bona  fide  building  and
construction  trade  labor organization establishing the labor organiza-
tion as the collective bargaining representative  for  all  persons  who
will  perform work on the project, and which provides that only contrac-
tors and subcontractors who sign a  pre-negotiated  agreement  with  the
labor organization can perform project work.
  S  3.  Notwithstanding  section  103  of  the general municipal law or
section 135 of the state finance law or the provisions of any other  law
to  the  contrary,  in conformity with the requirements of this act, and
only when a project labor agreement is performed, the authorized  entity
may  utilize  the  alternative  delivery method referred to as a design-
build contract for the project. The authorized entity shall ensure  that
its  procurement  record  reflects  the  design-build  contract  process
authorized by this act if utilized and applicable.
  S 4. An entity selected by the  authorized  entity  to  enter  into  a
design-build  contract  for the project shall be selected through a two-
step method, as follows:
  1. Step one. Generation of a list of entities that  have  demonstrated
the  general  capability  to  perform  a  design-build  contract for the
project. Such list shall consist of a specified number of  entities,  as
determined  by  the authorized entity, and shall be generated based upon
the authorized entity's review of responses  to  a  publicly  advertised
request  for  qualifications  for  the  project. The authorized entity's
request for qualifications for  the  project  shall  include  a  general
description  of  the  project,  the  maximum  number  of  entities to be
included on the list, and the selection criteria to be used in  generat-
ing  the  list. Such selection criteria shall include the qualifications
and experience of the design and construction team, organization, demon-
strated responsibility, ability of the team or of a member or members of
the  team  to  comply  with  applicable  requirements,   including   the
provisions  of  articles  145,  147  and  148 of the education law, past
record of compliance  with  the  labor  law  including  prevailing  wage
requirements  under state and federal law; the past record of compliance
with  existing  labor  standards  and   maintaining   harmonious   labor

S. 6408--C                         10                         A. 9008--C

relations;  the record of protecting the health and safety of workers on
public works projects and job sites as demonstrated  by  the  experience
modification  rate  for  each  of  the last three years; the prospective
bidder's  ability  to  undertake  the  particular type and complexity of
work; the financial capability, responsibility and  reliability  of  the
prospective bidder for such type and complexity of work; the prospective
bidder's  compliance  with equal employment opportunity requirements and
anti-discrimination laws, and demonstrated commitment  to  working  with
minority  and  women-owned  businesses through joint ventures or subcon-
tractor relationships; whether or not the prospective bidder or a person
or entity with an interest of at least ten per centum in the prospective
bidder, is debarred for  having  disregarded  obligations  to  employees
under  the Davis-Bacon Act pursuant to 40 U.S.C. 3144 and 29 C.F.R. 5.12
and such other qualifications the authorized  entity  deems  appropriate
which  may  include but are not limited to project understanding, finan-
cial capability and record of past performance.  The  authorized  entity
shall evaluate and rate all entities responding to the request for qual-
ifications.  Based  upon  such ratings, the authorized entity shall list
the entities that shall receive a request for  proposals  in  accordance
with  subdivision  two  of  this  section. To the extent consistent with
applicable federal law,  the  authorized  entity  shall  consider,  when
awarding  any  contract  pursuant to this section, the participation of:
(a) firms certified pursuant to article 15-A of  the  executive  law  as
minority  or  women-owned businesses and the ability of other businesses
under consideration to work with minority and women-owned businesses  so
as to promote and assist participation by such businesses; and (b) small
business  concerns  identified  pursuant  to  subdivision (b) of section
139-g of the state finance law.
  2. Step two. Selection of the proposal which is the best value to  the
authorized  entity.  The  authorized  entity  shall  issue a request for
proposals for the project to the entities listed pursuant to subdivision
one of this section. If such an entity consists of a  team  of  separate
entities,  the  entities that comprise such a team must remain unchanged
from the entity as listed pursuant to subdivision one  of  this  section
unless  otherwise  approved  by the authorized entity.   The request for
proposals for the project shall set forth the project's scope  of  work,
and  other  requirements, as determined by the authorized entity includ-
ing, but not limited to, requiring either (a) a lump sum price or (b)  a
fee  for  any preliminary professional services together with a specific
methodology for determining a cost-plus not to exceed guaranteed maximum
price for the balance of work that will be  completed  pursuant  to  the
design-build  contract  following  the  completion  of  any  preliminary
professional services related to the project as long as any construction
work on the project is awarded by the contractor on a competitive  basis
which  is  approved by the authorized entity.  The request for proposals
shall specify the criteria to be used to evaluate the responses and  the
relative  weight  of each such criteria. Such criteria shall include the
proposal's cost, the quality of the proposal's solution, the  qualifica-
tions  and  experience  of  the  design-build  entity, and other factors
deemed pertinent by the authorized entity, which may include, but  shall
not  be  limited  to,  the proposal's project implementation, ability to
complete the work in a timely and satisfactory manner, maintenance costs
of the completed project, maintenance of traffic approach, and community
impact. Any contract awarded pursuant to this act shall be awarded to  a
responsive  and  responsible entity that submits the proposal, which, in
consideration of these and other specified criteria deemed pertinent  to

S. 6408--C                         11                         A. 9008--C

the  project,  offers the best value to the authorized entity, as deter-
mined by the authorized entity. Nothing in this act shall  be  construed
to  prohibit the authorized entity from negotiating final contract terms
and conditions including cost.
  3. The design-build contract may be awarded to the contractor offering
the best value:
  (a)  Utilizing a cost-plus not to exceed guaranteed maximum price form
of contract in which the authorized entity shall be entitled to  monitor
and  audit  all  project costs. In establishing the schedule and process
for determining a guaranteed maximum price,  the  contract  between  the
authorized entity and the contractor shall:
  (i)  describe  the  scope  of the work and the cost of performing such
work;
  (ii) include a detailed line item cost breakdown;
  (iii) include a list of all drawings, specifications and other  infor-
mation on which the guaranteed maximum price is based;
  (iv)  include  the dates for substantial and final completion on which
the guaranteed maximum price is based; and
  (v) include a schedule of unit prices;
  (b) Utilizing a lump sum contract in which the  contractor  agrees  to
accept  a  set dollar amount for a contract which comprises a single bid
without providing a cost breakdown for all costs such as for  equipment,
labor, materials, as well as such contractor's profit for completing all
items of work comprising the project; or
  (c)  The design-build contract may include both lump sum and cost-plus
not to exceed guaranteed maximum price, and also may provide for profes-
sional services on a fee-for-service basis.
  4.  Notwithstanding the foregoing provisions of this section, an enti-
ty selected by the  authorized  entity  to  enter  into  a  design-build
contract for this project shall determine, before awarding any contracts
authorized  by  this act, whether the bidder, or a person or entity with
an interest of at least ten per centum in the bidder, is included in the
published list of debarred contractors pursuant to 40 U.S.C. 3144 and 29
C.F.R. 5.12, for having disregarded obligations to employees  under  the
Davis  Bacon  Act, and the bidder's inclusion on such list must be taken
into consideration  in  deciding  whether  the  bidder  is  awarded  any
contract.
  S  5.  Any  contract entered into pursuant to this act shall include a
clause requiring that any professional services  regulated  by  articles
145, 147 and 148 of the education law shall be performed and stamped and
sealed, where appropriate, by a professional licensed in accordance with
such articles.
  S  6.  The construction, demolition, reconstruction, excavation, reha-
bilitation, repair, renovation of the project undertaken by the  author-
ized  entity  pursuant to this act shall be deemed a "public work" to be
performed in accordance with the provisions of article 8  of  the  labor
law,  as  well as subject to sections 200, 240, 241 and 242 of the labor
law and enforcement of prevailing wage  requirements  by  the  New  York
state department of labor.
  S  7.  A project labor agreement shall be included as a requirement in
the request for proposals for the project, provided that, based  upon  a
study done by or for the authorized entity, the authorized entity deter-
mines  that  its  interests  are  best  met by requiring a project labor
agreement. The authorized entity   shall conduct such a  study  and  the
project   labor   agreement  shall  be  performed  consistent  with  the
provisions of section 222 of the labor law.  If a project  labor  agree-

S. 6408--C                         12                         A. 9008--C

ment  is  performed  on  the project the authorized entity may utilize a
design-build contract for the project  and  section  135  of  the  state
finance  law  shall not apply to the project.  If a project labor agree-
ment  is  not  performed  on the project the authorized entity shall not
utilize a design-build contract for the project and sections 101 and 103
of the general municipal law and section 135 of the  state  finance  law
shall apply to the project.
  S  8.  Each contract entered into by the authorized entity pursuant to
this act shall comply, whenever practical, with the objectives and goals
of minority and women-owned business  enterprises  pursuant  to  article
15-A of the executive law or, if the project receives federal aid, shall
comply  with  applicable federal requirements for disadvantaged business
enterprises.
  S 9. The project undertaken by the authorized entity pursuant to  this
act  shall  be  subject to the requirements of article 8 of the environ-
mental conservation law, and, where applicable, the requirements of  the
national environmental policy act.
  S 10.  The submission of a proposal or responses or the execution of a
design-build  contract pursuant to this act shall not be construed to be
a violation of section 6512 of the education law.
  S 11. Nothing contained in this act shall limit  the  right  or  obli-
gation  of  the  authorized  entity to comply with the provisions of any
existing contract, including any existing contract with or for the bene-
fit of the holders of the obligations of the authorized  entity,  or  to
award contracts as otherwise provided by law.
  S  12.  This act shall take effect immediately and shall expire and be
deemed repealed 3 years after such date, provided  that,  projects  with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal.

                                 PART I

  Section 1. Notwithstanding any law to the contrary, the comptroller is
hereby  authorized  and directed to receive for deposit to the credit of
the general fund the amount of up to $913,000 from the  New  York  state
energy research and development authority.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016.

                                 PART J

  Section 1. Expenditures  of  moneys  by  the  New  York  state  energy
research  and  development  authority  for  services and expenses of the
energy  research,  development  and  demonstration  program,   including
grants, the energy policy and planning program, the zero emissions vehi-
cle  and  electric vehicle rebate program, and the Fuel NY program shall
be subject to  the  provisions  of  this  section.  Notwithstanding  the
provisions of subdivision 4-a of section 18-a of the public service law,
all  moneys committed or expended in an amount not to exceed $19,700,000
shall be reimbursed by assessment against gas corporations,  as  defined
in  subdivision  11  of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section  2  of  the  public
service  law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of  $500,000
in  the  preceding  calendar  year,  and  the  total amount which may be
charged to any gas corporation and any electric  corporation  shall  not

S. 6408--C                         13                         A. 9008--C

exceed  one  cent  per one thousand cubic feet of gas sold and .010 cent
per kilowatt-hour of electricity sold  by  such  corporations  in  their
intrastate  utility operations in calendar year 2014. Such amounts shall
be  excluded  from the general assessment provisions of subdivision 2 of
section 18-a of the public service law. The chair of the public  service
commission  shall  bill  such  gas and/or electric corporations for such
amounts on or before August 10, 2016 and such amounts shall be  paid  to
the  New  York  state  energy  research  and development authority on or
before September 10, 2016. Upon  receipt,  the  New  York  state  energy
research and development authority shall deposit such funds in the ener-
gy  research  and  development  operating  fund  established pursuant to
section 1859 of the public authorities law. The New  York  state  energy
research  and  development  authority is authorized and directed to: (1)
transfer $1 million to the state general fund for services and  expenses
of the department of environmental conservation and to transfer $750,000
to  the University of Rochester laboratory for laser energetics from the
funds received; and (2) commencing in 2016, provide to the chair of  the
public  service commission and the director of the budget and the chairs
and secretaries of the  legislative  fiscal  committees,  on  or  before
August  first  of each year, an itemized record, certified by the presi-
dent and chief executive officer of the authority, or his or her  desig-
nee,  detailing  any  and all expenditures and commitments ascribable to
moneys received as a result of this  assessment  by  the  chair  of  the
department  of  public  service  pursuant  to section 18-a of the public
service law.  This itemized record shall include an  itemized  breakdown
of the programs being funded by this section and the amount committed to
each  program.   The authority shall not commit for any expenditure, any
moneys derived from the assessment provided for in this  section,  until
the  chair  of  such authority shall have submitted, and the director of
the budget shall have approved, a comprehensive  financial  plan  encom-
passing  all  moneys  available  to  and all anticipated commitments and
expenditures by such authority from any source  for  the  operations  of
such  authority.    Copies  of the approved comprehensive financial plan
shall be immediately submitted by the chair to  the  chairs  and  secre-
taries  of  the  legislative  fiscal  committees.    Any such amount not
committed by such authority to contracts or contracts to be  awarded  or
otherwise  expended  by  the  authority  during the fiscal year shall be
refunded by such authority on a pro-rata basis to such gas and/or  elec-
tric  corporations,  in  a  manner to be determined by the department of
public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART K

  Section  1.  Notwithstanding  any other law, rule or regulation to the
contrary, expenses of the department of health public service  education
program  incurred  pursuant  to appropriations from the cable television
account of the state miscellaneous special revenue funds shall be deemed
expenses of the department of public service.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after April 1, 2016.

                                 PART L

S. 6408--C                         14                         A. 9008--C

  Section 1. Paragraph (c) of subdivision 12 of section 66 of the public
service  law,  as amended by chapter 162 of the laws of 1998, is amended
to read as follows:
  (c) For the purpose of this subdivision, "major changes" shall mean an
increase  in  the  rates  and charges which would increase the aggregate
revenues of the applicant more than the greater of three  hundred  thou-
sand  dollars or two and one-half percent, but shall not include changes
in rates, charges or rentals (I)  allowed  to  go  into  effect  by  the
commission or made by the utility pursuant to an order of the commission
after  hearings  held  upon  notice to the public, OR (II) PROPOSED BY A
MUNICIPALITY.
  S 2. This act shall take effect immediately.

                                 PART M

  Section 1. Section 2 of 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,
as amended by section 1 of part T of chapter 58 of the laws of 2015,  is
amended to read as follows:
  S  2.  This  act shall take effect immediately, provided however, that
section one of this act shall be deemed to have been in full  force  and
effect  on  and  after  April  1, 2003 and shall expire March 31, [2016]
2017.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after March 31, 2016.

                                 PART N

                          Intentionally Omitted

                                 PART O

  Section  1. Subdivision 2 of section 1010 of the general business law,
as added by a chapter of the laws of 2016 amending the general  business
law  and other laws relating to authorized combative sports, as proposed
in legislative bill numbers S.5949-A and A.2604-C, is amended to read as
follows:
  2. Any professional applying for a license or renewal of a license  to
participate  in  combative  sports  under  this  article shall undergo a
comprehensive physical examination including clinical neurological exam-
inations by a physician approved by the commission.  If, at the time  of
such  examination,  there  is any indication of brain injury, or for any
other reason the physician deems it appropriate, the professional  shall
be  required  to undergo further neurological examinations by a neurolo-
gist including magnetic resonance imaging or other medically  equivalent
procedures.  The  commission shall not issue a license to a professional
until such examinations are completed and reviewed  by  the  commission.
The results of all such examinations herein required shall become a part
of  the  professional's  permanent  medical  record as maintained by the
commission. The costs of all such examinations [for professional  boxers
shall  be  assumed  by the state if such examinations are performed by a
physician or neurologist approved by the commission; the  costs  of  all
such  examinations  for  professional  mixed  martial arts participants]
shall be assumed by the applicant or promoter  with  which  the  profes-

S. 6408--C                         15                         A. 9008--C

sional  [mixed  martial  arts  participant] is affiliated, regardless of
provider.
  S  2. Section 11 of a chapter of the laws of 2016 amending the general
business law and other laws relating to authorized combative sports,  as
proposed  in  legislative bill numbers S.5949-A and A.2604-C, is amended
to read as follows:
  S 11. This act shall take effect on the first day of the  first  month
next succeeding the one hundred twentieth day after it shall have become
a law and shall apply to gross receipts from combative sports held on or
after that date; provided, however, that:
  (A) the addition, amendment and/or repeal of any rule or regulation of
the  state  athletic commission necessary for the implementation of this
act on its effective date is authorized to be made  on  or  before  such
effective date;
  (B)  SECTION 1003 OF THE GENERAL BUSINESS LAW, AS ADDED BY SECTION TWO
OF THIS ACT, SHALL TAKE EFFECT IMMEDIATELY; AND
  (C) NOTWITHSTANDING SECTION 1003 OF THE GENERAL BUSINESS LAW, AS ADDED
BY SECTION TWO OF THIS ACT, THE COMMISSIONERS APPOINTED TO  THE  COMMIS-
SION  REPEALED BY THIS ACT MAY CONTINUE TO SERVE AS COMMISSIONERS ON THE
COMMISSION CREATED BY THIS ACT, AND THEIR TERMS SHALL CONTINUE  UNINTER-
RUPTED BY SUCH REPEAL.
  S  3.  This  act shall take effect immediately, provided, however that
section one of this act shall take effect on the same date  and  in  the
same  manner as a chapter of the laws of 2016 amending the general busi-
ness law and other laws relating  to  authorized  combative  sports,  as
proposed  in legislative bill numbers S.5949-A and A.2604-C, as amended,
takes effect.

                                 PART P

  Section 1. Section 2 of chapter 584 of the laws of 2011, amending  the
public authorities law relating to the powers and duties of the dormito-
ry  authority  of the state of New York relative to the establishment of
subsidiaries for certain purposes, as amended by section 1 of part X  of
chapter 57 of the laws of 2014, is amended to read as follows:
  S  2.  This  act shall take effect immediately and shall expire and be
deemed repealed on July 1, [2016] 2018; provided however, that the expi-
ration of this act shall not impair  or  otherwise  affect  any  of  the
powers,  duties,  responsibilities,  functions, rights or liabilities of
any subsidiary duly  created  pursuant  to  subdivision  twenty-five  of
section 1678 of the public authorities law prior to such expiration.
  S 2. This act shall take effect immediately.

                                 PART Q

                          Intentionally Omitted

                                 PART R

                          Intentionally Omitted

                                 PART S

  Section  1.  Section  258-aa  and  article  25  of the agriculture and
markets law are REPEALED.

S. 6408--C                         16                         A. 9008--C

  S 2. Section 1 of chapter 174 of the laws of  1968,  constituting  the
New  York  state urban development corporation act, is amended by adding
three new sections 16-x, 16-y and 16-z to read as follows:
  S 16-X. DAIRY PROMOTION ACT. 1. DECLARATION OF POLICY. (A) IT IS HERE-
BY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE A VIGOROUS
AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION, THE CORPORATION
HAS  UNDERTAKEN A VIGOROUS CAMPAIGN TO MARKET THE STATE'S ASSETS AND, BY
CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER THIS  MISSION
BY PROMOTING THE STATE'S DAIRY INDUSTRY.
  (B)  IT  IS FURTHER DECLARED THAT THE CONTINUED EXISTENCE OF THE STATE
DAIRY INDUSTRY, AND THE CONTINUED PRODUCTION OF MILK  ON  THE  FARMS  OF
THIS  STATE,  IS  OF  VAST  ECONOMIC  IMPORTANCE TO THE STATE AND TO THE
HEALTH AND WELFARE OF THE INHABITANTS THEREOF; THAT IT IS ESSENTIAL,  IN
ORDER  TO  ASSURE SUCH CONTINUED PRODUCTION OF MILK AND ITS HANDLING AND
DISTRIBUTION, THAT PRICES TO PRODUCERS BE SUCH AS TO  RETURN  REASONABLE
COSTS  OF  PRODUCTION, AND AT THE SAME TIME TO ASSURE AN ADEQUATE SUPPLY
OF MILK AND DAIRY PRODUCTS TO CONSUMERS AT  REASONABLE  PRICES;  AND  TO
THESE  ENDS  IT  IS  ESSENTIAL  THAT  CONSUMERS AND OTHERS BE ADEQUATELY
INFORMED AS TO THE DIETARY  NEEDS  AND  ADVANTAGES  OF  MILK  AND  DAIRY
PRODUCTS  AND  AS  TO  THE  ECONOMIES RESULTING FROM THE USE OF MILK AND
DAIRY PRODUCTS, AND TO COMMAND FOR MILK  AND  DAIRY  PRODUCTS,  CONSUMER
ATTENTION  AND  DEMAND CONSISTENT WITH THEIR IMPORTANCE AND VALUE. IT IS
FURTHER DECLARED THAT CONTINUED DECLINE IN THE CONSUMPTION OF FLUID MILK
AND SOME OTHER DAIRY PRODUCTS WILL JEOPARDIZE THE PRODUCTION OF ADEQUATE
SUPPLIES OF MILK AND DAIRY  PRODUCTS  BECAUSE  OF  INCREASING  SURPLUSES
NECESSARILY  RETURNING  LESS  TO  PRODUCERS; AND THAT CONTINUED ADEQUATE
SUPPLIES OF MILK AND DAIRY PRODUCTS IS A  MATTER  OF  VITAL  CONCERN  AS
AFFECTING THE HEALTH AND GENERAL WELFARE OF THE PEOPLE OF THIS STATE. IT
IS  THEREFORE  DECLARED  TO  BE THE LEGISLATIVE INTENT AND POLICY OF THE
STATE:
  (I) TO ENABLE MILK PRODUCERS AND OTHERS IN THE  DAIRY  INDUSTRY,  WITH
THE  AID  OF  THE  STATE, TO MORE EFFECTIVELY PROMOTE THE CONSUMPTION OF
MILK AND DAIRY PRODUCTS,
  (II) TO PROVIDE METHODS AND MEANS  FOR  THE  DEVELOPMENT  OF  NEW  AND
IMPROVED DAIRY PRODUCTS, AND TO PROMOTE THEIR USE, AND
  (III)  TO  THIS  END,  TO  ELIMINATE  THE  POSSIBLE  IMPAIRMENT OF THE
PURCHASING POWER OF THE MILK PRODUCERS OF THIS STATE AND  TO  ASSURE  AN
ADEQUATE SUPPLY OF MILK FOR CONSUMERS AT REASONABLE PRICES.
  2. DEFINITIONS. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  (A) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION.
  (B)  "DAIRY  PRODUCTS"  MEANS MILK AND PRODUCTS DERIVED THEREFROM, AND
PRODUCTS OF WHICH MILK OR A PORTION THEREOF IS A SIGNIFICANT PART.
  (C) "PRODUCER" MEANS ANY PERSON IN THIS STATE WHO IS  ENGAGED  IN  THE
PRODUCTION  OF  MILK OR WHO CAUSES MILK TO BE PRODUCED FOR ANY MARKET IN
THIS OR ANY OTHER STATE.
  (D) "ADVISORY BOARD" MEANS THE PERSONS APPOINTED BY  THE  COMMISSIONER
FROM NOMINATIONS FROM PRODUCERS TO ASSIST THE PRESIDENT IN ADMINISTERING
A DAIRY PROMOTION ORDER.
  (E)  "MILK  DEALER"  MEANS  ANY  PERSON  WHO  PURCHASES  OR HANDLES OR
RECEIVES OR SELLS  MILK,  INCLUDING  INDIVIDUALS,  PARTNERSHIPS,  CORPO-
RATIONS,  COOPERATIVE ASSOCIATIONS, AND UNINCORPORATED COOPERATIVE ASSO-
CIATIONS.
  (F) "DAIRY PROMOTION ORDER" MEANS AN ORDER ISSUED  BY  THE  PRESIDENT,
PURSUANT TO THE PROVISIONS OF THIS SECTION.

S. 6408--C                         17                         A. 9008--C

  (G) "COOPERATIVE" MEANS AN ASSOCIATION OR FEDERATION OR COOPERATIVE OF
MILK  PRODUCERS ORGANIZED UNDER THE LAWS OF NEW YORK STATE, OR ANY OTHER
STATE, HAVING AGREEMENTS WITH THEIR PRODUCER MEMBERS TO MARKET,  BARGAIN
FOR  OR  SELL THE MILK OF SUCH PRODUCERS, AND IS ACTUALLY PERFORMING ONE
OR MORE OF THESE SERVICES IN THE MARKETING OF THE MILK PRODUCED BY THEIR
MEMBERS, THROUGH THE COOPERATIVE OR THROUGH A FEDERATION OF MILK COOPER-
ATIVES IN WHICH THE COOPERATIVE HAS MEMBERSHIP.
  (H) "STATE" MEANS THE STATE OF NEW YORK.
  (I)  "DEPARTMENT"  MEANS  THE NEW YORK STATE DEPARTMENT OF AGRICULTURE
AND MARKETS.
  (J) "COMMISSIONER" MEANS  THE  COMMISSIONER  OF  THE  NEW  YORK  STATE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  3.  POWERS AND DUTIES OF THE PRESIDENT. (A) THE PRESIDENT SHALL ADMIN-
ISTER AND ENFORCE THE PROVISIONS OF THIS SECTION. IN ORDER TO EFFECTUATE
THE DECLARED POLICY OF THIS SECTION THE PRESIDENT, IN CONSULTATION  WITH
THE  COMMISSIONER AND PRODUCERS, MAY, AFTER DUE NOTICE AND HEARING, MAKE
AND ISSUE A DAIRY PROMOTION ORDER, OR ORDERS.
  (B) SUCH ORDER OR ORDERS SHALL, IN CONSULTATION WITH THE  COMMISSIONER
AND  PRODUCERS,  BE  ISSUED AND AMENDED OR TERMINATED IN ACCORDANCE WITH
THE FOLLOWING PROCEDURES:
  (I) BEFORE ANY SUCH ORDER MAY BECOME EFFECTIVE IT MUST BE APPROVED  BY
FIFTY-ONE  PER  CENTUM OF THE PRODUCERS OF MILK VOTING IN THE REFERENDUM
FOR THE AREA TO BE REGULATED BY SUCH ORDER. SUCH  REFERENDUM  SHALL  NOT
CONSTITUTE  VALID  APPROVAL  UNLESS  FIFTY-ONE  PER  CENTUM  OF ALL MILK
PRODUCERS FOR THE AREA TO BE REGULATED VOTE IN THE REFERENDUM. PRODUCERS
MAY VOTE BY INDIVIDUAL BALLOT OR THROUGH THEIR COOPERATIVES  IN  ACCORD-
ANCE WITH THE FOLLOWING PROCEDURES:
  (A)  COOPERATIVES  MAY  SUBMIT WRITTEN APPROVAL OF SUCH ORDER WITHIN A
PERIOD OF ONE HUNDRED TWENTY DAYS AFTER THE PRESIDENT  HAS  ANNOUNCED  A
REFERENDUM  ON  A  PROPOSED ORDER, FOR SUCH PRODUCERS WHO ARE LISTED AND
CERTIFIED TO THE PRESIDENT AS MEMBERS  OF  SUCH  COOPERATIVE;  PROVIDED,
HOWEVER,  THAT  ANY  COOPERATIVE BEFORE SUBMITTING SUCH WRITTEN APPROVAL
SHALL GIVE AT LEAST SIXTY DAYS PRIOR WRITTEN NOTICE TO EACH PRODUCER WHO
IS ITS MEMBER, OF THE INTENTION  OF  THE  COOPERATIVE  TO  APPROVE  SUCH
PROPOSED  ORDER,  AND  FURTHER PROVIDE THAT IF SUCH COOPERATIVE DOES NOT
INTEND TO APPROVE SUCH PROPOSED ORDER, IT SHALL  LIKEWISE  GIVE  WRITTEN
NOTICE  TO EACH SUCH PRODUCER WHO IS ITS MEMBER, OF ITS INTENTION NOT TO
APPROVE OF SUCH PROPOSED ORDER.
  (B) ANY PRODUCER MAY OBTAIN A BALLOT FROM THE PRESIDENT SO THAT HE  OR
SHE  MAY REGISTER HIS OR HER OWN APPROVAL OR DISAPPROVAL OF THE PROPOSED
ORDER.
  (C) A PRODUCER WHO IS A MEMBER OF A COOPERATIVE WHICH HAS NOTIFIED HIM
OR HER OF ITS INTENT TO APPROVE OR NOT TO APPROVE OF A  PROPOSED  ORDER,
AND  WHO  OBTAINS  A  BALLOT  AND  WITH SUCH BALLOT EXPRESSES HIS OR HER
APPROVAL OR DISAPPROVAL OF THE PROPOSED ORDER, SHALL NOTIFY  THE  PRESI-
DENT  AS  TO THE NAME OF THE COOPERATIVE OF WHICH HE OR SHE IS A MEMBER,
AND THE PRESIDENT SHALL REMOVE SUCH PRODUCER'S NAME FROM THE LIST CERTI-
FIED BY SUCH COOPERATIVE.
  (D) IN ORDER TO ENSURE THAT ALL MILK PRODUCERS ARE INFORMED  REGARDING
A  PROPOSED ORDER, THE PRESIDENT SHALL NOTIFY ALL MILK PRODUCERS THAT AN
ORDER IS BEING CONSIDERED AND THAT EACH PRODUCER MAY REGISTER HIS OR HER
APPROVAL OR DISAPPROVAL WITH THE PRESIDENT EITHER  DIRECTLY  OR  THROUGH
HIS OR HER COOPERATIVE.
  (E)  THE PRESIDENT SHALL CONSULT WITH THE MILK PRODUCERS AND ESTABLISH
A REFERENDUM ADVISORY COMMITTEE TO ASSIST AND ADVISE HIM OR HER  IN  THE
CONDUCT OF THE REFERENDUM. SUCH COMMITTEE SHALL REVIEW REFERENDUM PROCE-

S. 6408--C                         18                         A. 9008--C

DURES  AND  THE TABULATION OF RESULTS, AND SHALL ADVISE THE PRESIDENT OF
ITS FINDINGS. THE FINAL CERTIFICATION OF THE REFERENDUM RESULTS SHALL BE
MADE BY THE PRESIDENT. THE COMMITTEE SHALL BE SELECTED  BY  THE  COMMIS-
SIONER IN CONSULTATION WITH THE PRESIDENT, AND SHALL CONSIST OF NOT LESS
THAN  THREE  MEMBERS, NONE OF WHOM SHALL BE PERSONS DIRECTLY AFFECTED BY
THE PROMOTION ORDER BEING VOTED UPON.   TWO MEMBERS SHALL  BE  REPRESEN-
TATIVES OF GENERAL FARM ORGANIZATIONS WHICH ARE NOT DIRECTLY AFFECTED BY
THE  ORDER  BEING  VOTED  UPON.  THE  MEMBERS OF THE COMMITTEE SHALL NOT
RECEIVE A SALARY BUT SHALL BE ENTITLED TO ACTUAL AND REASONABLE EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
  (II) THE PRESIDENT, IN CONSULTATION WITH THE  COMMISSIONER,  MAY,  AND
UPON  WRITTEN  PETITION OF NOT LESS THAN TEN PER CENTUM OF THE PRODUCERS
IN THE AREA, EITHER AS  INDIVIDUALS  OR  THROUGH  COOPERATIVE  REPRESEN-
TATION,  SHALL, CALL A HEARING TO AMEND OR TERMINATE SUCH ORDER, AND ANY
SUCH AMENDMENT OR TERMINATION SHALL BE EFFECTIVE ONLY UPON  APPROVAL  OF
FIFTY-ONE  PER  CENTUM  OF  THE PRODUCERS OF MILK FOR THE AREA REGULATED
PARTICIPATING IN A REFERENDUM VOTE AS PROVIDED PURSUANT  TO  THIS  PARA-
GRAPH.
  (C)  THE PRESIDENT, CONSULTING WITH AND SEEKING THE ADVICE AND CONSENT
OF THE ADVISORY BOARD, SHALL  ADMINISTER  AND  ENFORCE  ANY  SUCH  DAIRY
PROMOTION ORDER WHILE IT IS IN EFFECT, FOR THE PURPOSE OF:
  (I)  ENCOURAGING  THE  CONSUMPTION  OF  MILK  AND  DAIRY  PRODUCTS  BY
ACQUAINTING CONSUMERS AND OTHERS WITH  THE  ADVANTAGES  AND  ECONOMY  OF
USING MORE OF SUCH PRODUCTS,
  (II)  PROTECTING  THE  HEALTH  AND WELFARE OF CONSUMERS BY ASSURING AN
ADEQUATE SUPPLY OF MILK AND DAIRY PRODUCTS,
  (III) PROVIDING FOR RESEARCH PROGRAMS  DESIGNED  TO  DEVELOP  NEW  AND
IMPROVED DAIRY PRODUCTS,
  (IV)  PROVIDING  FOR  RESEARCH PROGRAMS DESIGNED TO ACQUAINT CONSUMERS
AND THE PUBLIC GENERALLY WITH THE EFFECTS OF THE USE OF MILK  AND  DAIRY
PRODUCTS ON THE HEALTH OF SUCH CONSUMERS,
  (V)  CARRYING  OUT,  IN  OTHER WAYS, THE DECLARED POLICY AND INTENT OF
THIS SECTION.
  4. PROVISIONS OF DAIRY PROMOTION ORDERS. ANY DAIRY PROMOTION ORDER  OR
ORDERS MAY CONTAIN, AMONG OTHERS, ANY OR ALL OF THE FOLLOWING:
  (A)  PROVISION FOR LEVYING AN ASSESSMENT AGAINST ALL PRODUCERS SUBJECT
TO THE REGULATION FOR THE PURPOSE OF CARRYING OUT THE PROVISIONS OF SUCH
ORDER AND TO PAY THE COST OF ADMINISTERING AND ENFORCING SUCH ORDER.  IN
ORDER TO COLLECT ANY SUCH ASSESSMENTS, PROVISION SHALL BE MADE FOR  EACH
MILK  DEALER  WHO  RECEIVES  MILK FROM PRODUCERS TO DEDUCT THE AMOUNT OF
ASSESSMENT FROM MONEYS OTHERWISE DUE TO PRODUCERS FOR THE MILK SO DELIV-
ERED. THE RATE OF SUCH ASSESSMENT  SHALL  NOT  EXCEED  TWO  PERCENT  PER
HUNDREDWEIGHT  OF  THE GROSS VALUE OF THE PRODUCERS' MILK, AND THERE MAY
BE CREDITED AGAINST ANY SUCH ASSESSMENT THE  AMOUNTS  PER  HUNDREDWEIGHT
OTHERWISE  PAID  BY  ANY  PRODUCER  COVERED  BY  THE  ORDER BY VOLUNTARY
CONTRIBUTION OR OTHERWISE PURSUANT TO ANY OTHER FEDERAL  OR  STATE  MILK
MARKET  ORDER FOR ANY SIMILAR RESEARCH PROMOTION OR ADVERTISING PROGRAM.
NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (B) OF SUBDIVISION THREE  OF
THIS SECTION, THE PRESIDENT, UPON WRITTEN PETITION OF NO LESS THAN TWEN-
TY-FIVE  PERCENT  OF  PRODUCERS  IN  THE  AREA, EITHER AS INDIVIDUALS OR
THROUGH COOPERATIVE REPRESENTATION, AND IN CONSULTATION WITH THE COMMIS-
SIONER, MAY CALL A HEARING FOR THE SOLE PURPOSE OF  ESTABLISHING  A  NEW
RATE  OF  ASSESSMENT  HEREUNDER  AND MAY SUBMIT A PROPOSED CHANGE IN THE
RATE OF ASSESSMENT TO THE PRODUCERS FOR ACCEPTANCE OR REJECTION  WITHOUT
OTHERWISE AFFECTING THE ORDER. THE PRODUCERS IN THE AREA MAY VOTE ON THE
PROPOSED  RATE  EITHER  AS  INDIVIDUALS OR THROUGH COOPERATIVE REPRESEN-

S. 6408--C                         19                         A. 9008--C

TATION. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS  PARAGRAPH  AND
OF PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION, OR THE PROVISIONS
OF  ANY  ORDER PROMULGATED PURSUANT TO THIS SECTION, THE RATE OF ASSESS-
MENT,  FOR  ANY  PERIOD  DURING  WHICH  A  DAIRY  PRODUCTS PROMOTION AND
RESEARCH ORDER ESTABLISHED PURSUANT TO THE  FEDERAL  DAIRY  AND  TOBACCO
ADJUSTMENT  ACT  OF  1983 IS IN EFFECT, SHALL NOT BE LESS THAN AN AMOUNT
EQUAL TO THE  MAXIMUM  CREDIT  WHICH  PRODUCERS  PARTICIPATING  IN  THIS
STATE'S  DAIRY  PRODUCTS  PROMOTION  OR NUTRITION EDUCATION PROGRAMS MAY
RECEIVE PURSUANT TO SUBDIVISION (G) OF SEC. 113 OF SAID FEDERAL ACT.
  (B) PROVISION FOR PAYMENTS TO ORGANIZATIONS ENGAGED  IN  CAMPAIGNS  BY
ADVERTISEMENTS OR OTHERWISE, INCLUDING PARTICIPATION IN SIMILAR REGIONAL
OR  NATIONAL  PLANS OR CAMPAIGNS TO PROMOTE THE INCREASED CONSUMPTION OF
MILK AND DAIRY PRODUCTS, TO ACQUAINT THE PUBLIC WITH THE DIETARY  ADVAN-
TAGES OF MILK AND DAIRY PRODUCTS AND WITH THE ECONOMY OF THEIR INCLUSION
IN THE DIET AND TO COMMAND, FOR MILK AND DAIRY PRODUCTS, CONSUMER ATTEN-
TION CONSISTENT WITH THEIR IMPORTANCE AND VALUE.
  (C) PROVISION FOR PAYMENTS TO INSTITUTIONS OR ORGANIZATIONS ENGAGED IN
RESEARCH LEADING TO THE DEVELOPMENT OF NEW OR IMPROVED DAIRY PRODUCTS OR
RESEARCH  WITH  RESPECT  TO  THE VALUE OF MILK AND DAIRY PRODUCTS IN THE
HUMAN DIET.
  (D) PROVISION FOR REQUIRING RECORDS TO BE KEPT AND REPORTS TO BE FILED
BY MILK DEALERS WITH RESPECT TO MILK RECEIVED FROM  PRODUCERS  AND  WITH
RESPECT TO ASSESSMENTS ON THE MILK OF SUCH PRODUCERS.
  (E) PROVISION FOR THE AUDITING OF THE RECORDS OF SUCH MILK DEALERS FOR
THE PURPOSE OF VERIFYING PAYMENT OF PRODUCER ASSESSMENTS.
  (F) PROVISION FOR AN ADVISORY BOARD PURSUANT TO SUBDIVISION 10 OF THIS
SECTION.
  (G)  PROVISION  FOR  THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER ANY
MARKETING ORDER ISSUED PURSUANT TO THIS SECTION, TO DEFRAY THE COSTS AND
EXPENSES IN THE ADMINISTRATION THEREOF.
  (H) SUCH OTHER PROVISIONS  AS  MAY  BE  NECESSARY  TO  EFFECTUATE  THE
DECLARED POLICIES OF THIS SECTION.
  5.  MATTERS  TO  BE CONSIDERED. IN CARRYING OUT THE PROVISIONS OF THIS
SECTION AND PARTICULARLY IN DETERMINING WHETHER OR NOT A DAIRY PROMOTION
ORDER SHALL BE ISSUED, THE PRESIDENT, IN CONSULTATION WITH  THE  COMMIS-
SIONER,  SHALL TAKE INTO CONSIDERATION, AMONG OTHERS, FACTS AVAILABLE TO
HIM OR HER WITH RESPECT TO THE FOLLOWING:
  (A) THE TOTAL PRODUCTION OF MILK IN THE AREA  AND  THE  PROPORTION  OF
SUCH MILK BEING UTILIZED IN FLUID FORM AND IN OTHER PRODUCTS,
  (B) THE PRICES BEING RECEIVED FOR MILK BY PRODUCERS IN THE AREA,
  (C)  THE  LEVEL  OF CONSUMPTION PER CAPITA FOR FLUID MILK AND OF OTHER
DAIRY PRODUCTS,
  (D) THE PURCHASING POWER OF CONSUMERS,
  (E) OTHER PRODUCTS WHICH COMPETE WITH  MILK  AND  DAIRY  PRODUCTS  AND
PRICES OF SUCH PRODUCTS.
  6.  INTERSTATE  ORDERS FOR COMPACTS. THE COMMISSIONER IS AUTHORIZED TO
CONFER AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES  OF  OTHER
STATES  AND OF THE UNITED STATES WITH RESPECT TO THE ISSUANCE AND OPERA-
TION OF JOINT AND CONCURRENT DAIRY PROMOTION ORDERS OR OTHER  ACTIVITIES
TENDING  TO  CARRY  OUT THE DECLARED INTENT OF THE ACT. THE COMMISSIONER
MAY JOIN WITH SUCH OTHER AUTHORITIES IN CONDUCTING JOINT INVESTIGATIONS,
HOLDING JOINT HEARINGS AND ISSUING JOINT OR CONCURRENT ORDER  OR  ORDERS
COMPLEMENTARY  TO  THOSE  OF  THE  FEDERAL GOVERNMENT AND THE PRESIDENT,
AFTER CONSULTING WITH THE COMMISSIONER,  SHALL  HAVE  THE  AUTHORITY  TO
EMPLOY  OR  DESIGNATE  A  JOINT AGENT OR JOINT AGENCIES TO CARRY OUT AND
ENFORCE SUCH JOINT, CONCURRENT OR SUPPLEMENTARY ORDERS.

S. 6408--C                         20                         A. 9008--C

  7. PRIOR ASSESSMENTS.  PRIOR  TO  THE  EFFECTIVE  DATE  OF  ANY  DAIRY
PROMOTION ORDER AS PROVIDED IN THIS SECTION, THE PRESIDENT, IN CONSULTA-
TION  WITH  THE  COMMISSIONER, MAY REQUIRE THAT COOPERATIVE ASSOCIATIONS
WHICH HAVE PETITIONED FOR SUCH AN ORDER AND THAT HAVE  APPROVED  OF  THE
ISSUANCE OF SUCH AN ORDER, TO DEPOSIT WITH THE PRESIDENT SUCH AMOUNTS AS
HE  OR SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSE OF ADMINISTERING AND
ENFORCING SUCH ORDER UNTIL SUCH TIME AS THE ASSESSMENTS AS HEREIN BEFORE
PROVIDED ARE ADEQUATE FOR THAT PURPOSE. SUCH FUNDS  SHALL  BE  RECEIVED,
DEPOSITED  AND  DISBURSED  BY  THE PRESIDENT IN THE SAME MANNER AS OTHER
FUNDS RECEIVED BY HIM OR HER PURSUANT TO THIS SECTION AND THE  PRESIDENT
SHALL  REIMBURSE THOSE WHO PAID THESE PRIOR ASSESSMENTS FROM OTHER FUNDS
RECEIVED BY HIM OR HER PURSUANT TO THIS SECTION.
  8. STATUS OF FUNDS. ANY MONEYS COLLECTED UNDER ANY MARKET ORDER ISSUED
PURSUANT TO THIS SECTION SHALL NOT BE DEEMED TO BE STATE OR  CORPORATION
FUNDS AND SHALL BE DEPOSITED IN A BANK OR OTHER DEPOSITORY OF THE CORPO-
RATION,  APPROVED  BY  THE  PRESIDENT, ALLOCATED TO EACH DAIRY PROMOTION
ORDER UNDER WHICH THEY WERE COLLECTED, AND SHALL  BE  DISBURSED  BY  THE
PRESIDENT ONLY FOR THE NECESSARY EXPENSES INCURRED BY THE PRESIDENT WITH
RESPECT  TO  EACH  SEPARATE  ORDER, ALL IN ACCORDANCE WITH THE RULES AND
REGULATIONS OF THE PRESIDENT. ALL SUCH  EXPENSES  SHALL  BE  SUBJECT  TO
AUDITS  BY  THE  STATE  COMPTROLLER.   ANY MONEYS REMAINING IN SUCH FUND
ALLOCABLE TO A PARTICULAR ORDER, AFTER THE TERMINATION OF SUCH ORDER AND
NOT REQUIRED BY THE PRESIDENT TO DEFRAY THE EXPENSES OF  OPERATING  SUCH
ORDER,  MAY IN THE DISCRETION OF THE PRESIDENT BE REFUNDED ON A PRO-RATA
BASIS TO ALL PERSONS FROM  WHOM  ASSESSMENTS  THEREFOR  WERE  COLLECTED;
PROVIDED,  HOWEVER,  THAT  IF  THE  PRESIDENT  FINDS THAT THE AMOUNTS SO
REFUNDABLE ARE SO SMALL AS TO MAKE  IMPRACTICABLE  THE  COMPUTATION  AND
REFUNDING  OF  SUCH  MONEYS, THE PRESIDENT MAY USE SUCH MONEYS TO DEFRAY
THE EXPENSES INCURRED BY HIM  OR  HER  IN  THE  PROMULGATION,  ISSUANCE,
ADMINISTRATION OR ENFORCEMENT OF ANY OTHER SIMILAR DAIRY PROMOTION ORDER
OR IN THE ABSENCE OF ANY OTHER SUCH DAIRY PROMOTION ORDER, THE PRESIDENT
MAY  PAY  SUCH  MONEYS TO ANY ORGANIZATION OR INSTITUTION AS PROVIDED IN
PARAGRAPH (B) OR (C) OF SUBDIVISION FOUR OF THIS SECTION.
  9. BUDGET. THE COMMISSIONER, IN CONSULTATION WITH THE PRESIDENT, SHALL
PREPARE A BUDGET FOR THE ADMINISTRATION AND OPERATING COSTS AND EXPENSES
INCLUDING ADVERTISING AND SALES PROMOTION WHEN  REQUIRED  IN  ANY  DAIRY
PROMOTION  ORDER EXECUTED HEREUNDER AND TO PROVIDE FOR THE COLLECTION OF
SUCH NECESSARY FEES OR ASSESSMENTS TO DEFRAY COSTS AND EXPENSES,  IN  NO
CASE  TO EXCEED TWO PERCENT PER HUNDREDWEIGHT OF THE GROSS VALUE OF MILK
MARKETED BY PRODUCERS IN THE AREA COVERED BY THE ORDER.
  10. ADVISORY BOARD.  (A) ANY DAIRY PROMOTION ORDER ISSUED PURSUANT  TO
THIS SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF AN ADVISORY BOARD TO
ADVISE  AND  ASSIST  THE  PRESIDENT IN THE ADMINISTRATION OF SUCH ORDER.
THE PRESIDENT SHALL ADMINISTER AND  ENFORCE  ANY  SUCH  DAIRY  PROMOTION
ORDER  WHILE  IT  IS  IN  EFFECT, CONSULTING WITH THE ADVISORY BOARD AND
SEEKING ITS ADVICE AND CONSENT.  THIS BOARD SHALL CONSIST  OF  NOT  LESS
THAN  FIVE MEMBERS AND SHALL BE APPOINTED BY THE COMMISSIONER FROM NOMI-
NATIONS SUBMITTED BY PRODUCERS MARKETING MILK IN THE AREA TO  WHICH  THE
ORDER  APPLIES. NOMINATING PROCEDURE, QUALIFICATION, REPRESENTATION, AND
SIZE OF THE ADVISORY BOARD SHALL BE PRESCRIBED IN THE  ORDER  FOR  WHICH
SUCH BOARD WAS APPOINTED.
  (B) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY BUT SHALL BE
ENTITLED  TO  HIS  OR  HER ACTUAL AND REASONABLE EXPENSES INCURRED WHILE
PERFORMING HIS OR HER DUTIES AS AUTHORIZED IN THIS SECTION.
  (C) THE DUTIES AND RESPONSIBILITIES OF THE  ADVISORY  BOARD  SHALL  BE
PRESCRIBED  BY THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER, AND

S. 6408--C                         21                         A. 9008--C

HE OR SHE SHALL SPECIFICALLY DELEGATE TO THE ADVISORY BOARD,  BY  INCLU-
SION  IN THE DAIRY PROMOTION ORDER THE FOLLOWING DUTIES AND RESPONSIBIL-
ITIES:
  (I)  THE  RECOMMENDATION  TO THE PRESIDENT OF ADMINISTRATIVE RULES AND
REGULATIONS RELATING TO THE ORDER.
  (II) RECOMMENDING TO THE PRESIDENT SUCH AMENDMENTS  TO  THE  ORDER  AS
DEEMED ADVISABLE.
  (III) THE PREPARATION AND SUBMISSION TO THE COMMISSIONER, IN CONSULTA-
TION  WITH THE PRESIDENT, OF AN ESTIMATED BUDGET REQUIRED FOR THE PROPER
OPERATION OF THE ORDER.
  (IV) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING PRODUCERS AND
METHODS FOR COLLECTING THE NECESSARY FUNDS.
  (V) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLY OF INFORMA-
TION AND DATA NECESSARY FOR THE PROPER ADMINISTRATION OF THE ORDER.
  (VI) THE PERFORMANCE OF SUCH OTHER DUTIES IN CONNECTION WITH THE ORDER
AS THE PRESIDENT SHALL DESIGNATE.
  11. RULES AND REGULATIONS; ENFORCEMENT.  (A) THE PRESIDENT  MAY,  WITH
THE  ADVICE AND CONSENT OF THE ADVISORY BOARD, MAKE AND ISSUE SUCH RULES
AND REGULATIONS AS MAY BE NECESSARY TO  EFFECTUATE  THE  PROVISIONS  AND
INTENT  OF  THIS  SECTION  AND  TO  ENFORCE  THE PROVISIONS OF ANY DAIRY
PROMOTION ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
  (B) THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER MAY INSTITUTE
SUCH ACTION AT LAW OR IN EQUITY  AS  MAY  APPEAR  NECESSARY  TO  ENFORCE
COMPLIANCE  WITH  ANY  PROVISION  OF  THIS SECTION, OR ANY RULE OR REGU-
LATION, OR DAIRY PROMOTION ORDER COMMITTED TO HIS OR HER ADMINISTRATION,
AND MAY APPLY FOR RELIEF BY  INJUNCTION  IF  NECESSARY  TO  PROTECT  THE
PUBLIC  INTEREST  WITHOUT  BEING  COMPELLED  TO  ALLEGE OR PROVE THAT AN
ADEQUATE REMEDY AT LAW DOES NOT EXIST. SUCH APPLICATION SHALL BE MADE TO
THE SUPREME COURT IN ANY DISTRICT OR COUNTY PROVIDED IN THE CIVIL  PRAC-
TICE  LAW  AND  RULES,  OR  TO  THE  SUPREME COURT IN THE THIRD JUDICIAL
DISTRICT.
  12. COOPERATION BY THE DEPARTMENT.   THE  PRESIDENT  MAY  REQUEST  AND
RECEIVE,  WITHIN  NINETY  DAYS  OF SUCH REQUEST FROM THE DEPARTMENT SUCH
ASSISTANCE, INFORMATION AND COOPERATION AS  MAY  BE  NECESSARY  FOR  THE
CORPORATION  TO  PROVIDE  SERVICES WITH RESPECT TO THE ADMINISTRATION OF
THE PROCEDURES SET FORTH FOR THE ISSUANCE, TERMINATION OR  AMENDMENT  OF
ANY  DAIRY  PROMOTION ORDER AND/OR THE ADMINISTRATION OF ANY SUCH ORDER.
THE CORPORATION SHALL RETAIN AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY
THE CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO  THIS  SECTION  AND
REIMBURSE THE DEPARTMENT AN AMOUNT EQUAL TO THE EXPENSES INCURRED BY THE
DEPARTMENT  IN  SUPPLYING  SUCH  SERVICES,  SUBSEQUENT TO SUBMISSION AND
AUDIT OF A VOUCHER THEREFOR.  SUCH REIMBURSEMENT SHALL  NOT  EXCEED  THE
TOTAL  AMOUNT  OF  FUNDS  COLLECTED  BY THE CORPORATION PURSUANT TO THIS
SECTION LESS THE REASONABLE EXPENSES  INCURRED  BY  THE  CORPORATION  IN
PERFORMING ITS DUTIES PURSUANT TO THIS SECTION.
  13.  INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND HOLD HARM-
LESS THE CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES,  FROM  AND
AGAINST  ANY  AND  ALL CLAIMS, DEMANDS, CAUSES OF ACTION, DAMAGES, COSTS
AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING
TO, THE ADMINISTRATION OF A DAIRY PROMOTION ORDER ISSUED OR ADMINISTERED
PURSUANT TO THIS SECTION.  IN CONNECTION WITH THE FOREGOING, THE  CORPO-
RATION  SHALL  GIVE  THE  STATE (A) PROMPT WRITTEN NOTICE OF ANY ACTION,
CLAIM OR THREAT OF SUIT, (B) THE OPPORTUNITY TO  TAKE  OVER,  SETTLE  OR
DEFEND  SUCH  ACTION, CLAIM OR SUIT AT THE STATE'S SOLE EXPENSE, AND (C)
ASSISTANCE IN THE DEFENSE OF ANY SUCH  ACTION  AT  THE  EXPENSE  OF  THE
STATE.

S. 6408--C                         22                         A. 9008--C

  14.  CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT FOR SERVICES
WITH RESPECT TO THE IMPLEMENTATION OF THIS SECTION  IN  ACCORDANCE  WITH
THE  CORPORATION'S  POLICIES, PROCEDURES AND GUIDELINES. NOTWITHSTANDING
SECTION 2879 OF THE PUBLIC AUTHORITIES LAW  OR  ANY  OTHER  LAW  TO  THE
CONTRARY,  ANY  SUCH  CONTRACT  MAY  BE PROCURED BY THE CORPORATION ON A
SOLE-SOURCE BASIS, AND SHALL  NOT  BE  SUBJECT  TO  COMPETITIVE  BID  OR
COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS.
  S 16-Y. MARKETING OF AGRICULTURAL PRODUCTS. DECLARATION OF POLICY. (A)
IT  IS HEREBY DECLARED THAT THE MISSION OF THE CORPORATION IS TO PROMOTE
A VIGOROUS AND GROWING STATE ECONOMY. IN IMPLEMENTING THIS MISSION,  THE
CORPORATION  HAS  UNDERTAKEN  A  VIGOROUS CAMPAIGN TO MARKET THE STATE'S
ASSETS AND BY CARRYING OUT THE PROVISIONS OF THIS SECTION, WOULD FURTHER
THIS MISSION BY PROMOTING THE DEVELOPMENT OF  MARKETS  FOR  AGRICULTURAL
PRODUCTS GROWN AND PRODUCED IN THE STATE.
  (B)  IT IS FURTHER DECLARED THAT THE MARKETING OF AGRICULTURAL COMMOD-
ITIES AND AQUATIC PRODUCTS IN THIS STATE, IN EXCESS  OF  REASONABLE  AND
NORMAL  MARKET  DEMANDS  THEREFOR;  DISORDERLY MARKETING OF SUCH COMMOD-
ITIES; IMPROPER PREPARATION FOR MARKET AND LACK OF UNIFORM  GRADING  AND
CLASSIFICATION  OF AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS; UNFAIR
METHODS OF COMPETITION IN THE MARKETING  OF  SUCH  COMMODITIES  AND  THE
INABILITY  OF INDIVIDUAL PRODUCERS TO DEVELOP NEW AND LARGER MARKETS FOR
AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS, RESULT IN AN UNREASONABLE
AND UNNECESSARY ECONOMIC WASTE OF THE AGRICULTURAL WEALTH OF THIS STATE.
SUCH CONDITIONS AND THE ACCOMPANYING WASTE JEOPARDIZE THE FUTURE CONTIN-
UED PRODUCTION OF ADEQUATE FOOD SUPPLIES FOR  THE  PEOPLE  OF  THIS  AND
OTHER  STATES.  THESE  CONDITIONS VITALLY CONCERN THE HEALTH, SAFETY AND
GENERAL WELFARE OF THE PEOPLE OF THIS STATE.
  IT IS THEREFORE DECLARED THE LEGISLATIVE PURPOSE  AND  THE  POLICY  OF
THIS STATE:
  (I)  TO  ENABLE  AGRICULTURAL  PRODUCERS AND AQUATIC PRODUCERS OF THIS
STATE, WITH THE AID OF THE STATE,  MORE  EFFECTIVELY  TO  CORRELATE  THE
MARKETING  OF  THEIR  AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS WITH
MARKET DEMANDS THEREFOR.
  (II) TO ESTABLISH ORDERLY, EFFICIENT AND EQUITABLE MARKETING OF  AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS.
  (III)  TO  PROVIDE FOR UNIFORM GRADING AND PROPER PREPARATION OF AGRI-
CULTURAL COMMODITIES AND AQUATIC PRODUCTS FOR MARKET.
  (IV) TO PROVIDE METHODS AND MEANS FOR THE DEVELOPMENT OF NEW AND LARG-
ER MARKETS FOR AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS PRODUCED IN
NEW YORK.
  (V) TO ELIMINATE OR REDUCE THE ECONOMIC  WASTE  IN  THE  MARKETING  OF
AGRICULTURAL COMMODITIES AND AQUATIC PRODUCTS.
  (VI) TO ELIMINATE UNJUST IMPAIRMENT OF THE PURCHASING POWER OF AQUATIC
PRODUCERS AND THE AGRICULTURAL PRODUCERS OF THIS STATE; AND
  (VII)  TO  AID  AGRICULTURAL  AND  AQUATIC PRODUCERS IN MAINTAINING AN
INCOME AT AN ADEQUATE AND EQUITABLE LEVEL.
  2. DEFINITIONS. (A) "AGRICULTURAL COMMODITY" MEANS ANY AND  ALL  AGRI-
CULTURAL, HORTICULTURAL, VINEYARD PRODUCTS, CORN FOR GRAIN, OATS, SOYBE-
ANS,  BARLEY,  WHEAT,  POULTRY  OR POULTRY PRODUCTS, BEES, MAPLE SAP AND
PURE MAPLE PRODUCTS  PRODUCED  THEREFROM,  CHRISTMAS  TREES,  LIVESTOCK,
INCLUDING  SWINE,  AND  HONEY, SOLD IN THE STATE EITHER IN THEIR NATURAL
STATE OR AS PROCESSED BY THE PRODUCER THEREOF BUT DOES NOT INCLUDE MILK,
TIMBER OR TIMBER PRODUCTS, OTHER THAN CHRISTMAS TREES, ALL HAY, RYE  AND
LEGUMES EXCEPT FOR SOYBEANS.
  (B) "AQUACULTURE" MEANS THE CULTURE, CULTIVATION AND HARVEST OF AQUAT-
IC PLANTS AND ANIMALS.

S. 6408--C                         23                         A. 9008--C

  (C)  "AQUATIC  PRODUCTS"  MEANS  ANY  FOOD  OR FIBER PRODUCTS OBTAINED
THROUGH THE  PRACTICE  OF  AQUACULTURE,  INCLUDING  MARICULTURE;  OR  BY
HARVEST  FROM  THE SEA WHEN SUCH PRODUCTS ARE CULTURED OR LANDED IN THIS
STATE.  SUCH PRODUCTS INCLUDE BUT ARE NOT LIMITED  TO  FISH,  SHELLFISH,
SEAWEED OR OTHER WATER BASED PLANT LIFE.
  (D) "PRODUCER" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN THE BUSI-
NESS  OF  PRODUCING, OR CAUSING TO BE PRODUCED FOR ANY MARKET, ANY AGRI-
CULTURAL COMMODITY OR AQUATIC PRODUCT.
  (E) "HANDLER" MEANS ANY PERSON ENGAGED IN THE  OPERATION  OF  PACKING,
GRADING, SELLING, OFFERING FOR SALE OR MARKETING ANY MARKETABLE AGRICUL-
TURAL  COMMODITIES OR AQUATIC PRODUCTS, WHO AS OWNER, AGENT OR OTHERWISE
SHIPS OR CAUSES AN AGRICULTURAL COMMODITY TO BE SHIPPED.
  (F) "PROCESSOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE IN PROCESS-
ING, OR IN THE OPERATION OF RECEIVING, GRADING, PACKING, CANNING, FREEZ-
ING, DEHYDRATING, FERMENTING, DISTILLING, EXTRACTING, PRESERVING, GRIND-
ING, CRUSHING, OR IN ANY OTHER WAY PRESERVING OR CHANGING THE FORM OF AN
AGRICULTURAL PRODUCT OR AQUATIC PRODUCT FOR  THE  PURPOSE  OF  MARKETING
SUCH  COMMODITY  BUT SHALL NOT INCLUDE A PERSON ENGAGED IN MANUFACTURING
FROM AN AGRICULTURAL COMMODITY OR AQUATIC PRODUCT ANOTHER AND  DIFFERENT
PRODUCT.
  (G) "DISTRIBUTOR" MEANS ANY PERSON ENGAGED WITHIN THIS STATE, IN SELL-
ING,  OFFERING  FOR  SALE,  MARKETING  OR  DISTRIBUTING  AN AGRICULTURAL
COMMODITY OR AQUATIC PRODUCT WHICH HE OR SHE HAS PURCHASED  OR  ACQUIRED
FROM  A  PRODUCER  OR  OTHER  PERSON  OR WHICH HE OR SHE IS MARKETING ON
BEHALF OF A PRODUCER OR OTHER PERSON, WHETHER AS OWNER, AGENT, EMPLOYEE,
BROKER OR OTHERWISE, BUT SHALL  NOT  INCLUDE  A  RETAILER,  EXCEPT  SUCH
RETAILER  WHO  PURCHASES  OR  ACQUIRES FROM, OR HANDLES ON BEHALF OF ANY
PRODUCER OR OTHER PERSON, AN AGRICULTURAL COMMODITY OR  AQUATIC  PRODUCT
SUBJECT  TO REGULATION BY THE MARKETING AGREEMENT OR ORDER COVERING SUCH
COMMODITY.
  (H) "PRESIDENT" MEANS THE PRESIDENT OF THE CORPORATION.
  (I) "MARKETING AGREEMENT" MEANS AN AGREEMENT ENTERED  INTO,  WITH  THE
APPROVAL  OF  THE  PRESIDENT, BY PRODUCERS WITH DISTRIBUTORS, PROCESSORS
AND HANDLERS REGULATING THE PREPARATION, SALE AND HANDLING  OF  AGRICUL-
TURAL COMMODITIES OR AQUATIC PRODUCTS.
  (J)  "MARKETING ORDER" MEANS AN ORDER ISSUED BY THE PRESIDENT PURSUANT
TO THIS SECTION, PRESCRIBING RULES AND REGULATIONS GOVERNING THE MARKET-
ING FOR PROCESSING, THE DISTRIBUTING, THE SALE OF, OR  THE  HANDLING  IN
ANY MANNER OF ANY AGRICULTURAL COMMODITY OR AQUATIC PRODUCT SOLD IN THIS
STATE DURING ANY SPECIFIED PERIOD OR PERIODS.
  (K)  "COMMISSIONER"  MEANS  THE  COMMISSIONER  OF  THE  NEW YORK STATE
DEPARTMENT OF AGRICULTURE AND MARKETS.
  (L) "DEPARTMENT" MEANS THE NEW YORK STATE  DEPARTMENT  OF  AGRICULTURE
AND MARKETS.
  3.  POWERS AND DUTIES OF THE PRESIDENT. (A) IN ORDER TO EFFECTUATE THE
DECLARED POLICY OF THIS SECTION, THE PRESIDENT, IN CONSULTATION WITH THE
COMMISSIONER, MAY, AFTER DUE NOTICE AND OPPORTUNITY FOR HEARING, APPROVE
MARKETING AGREEMENTS, WHICH  MARKETING  AGREEMENTS  SHALL  THEREUPON  BE
BINDING UPON THE SIGNATORIES THERETO EXCLUSIVELY.
  (B)  THE  PRESIDENT,  IN  CONSULTATION  WITH  THE COMMISSIONER AND THE
PRODUCERS, MAY MAKE AND ISSUE MARKETING ORDERS,  AFTER  DUE  NOTICE  AND
OPPORTUNITY FOR HEARING, SUBJECT TO:
  (I)  APPROVAL  OF NOT LESS THAN SIXTY-SIX AND TWO-THIRDS PER CENTUM OF
THE PRODUCERS PARTICIPATING IN A REFERENDUM IN THE AREA AFFECTED, OR
  (II) APPROVAL OF NOT LESS THAN SIXTY-FIVE PER CENTUM OF THE  PRODUCERS
PARTICIPATING  IN  A  REFERENDUM  VOTE, IN THE AREA AFFECTED, AND HAVING

S. 6408--C                         24                         A. 9008--C

MARKETED NOT LESS THAN FIFTY-ONE PER CENTUM OF THE TOTAL QUANTITY OF THE
COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING,  ORDINARY  MARKETING
SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM, OR
  (III)  APPROVAL OF NOT LESS THAN FIFTY-ONE PER CENTUM OF THE PRODUCERS
PARTICIPATING IN A REFERENDUM VOTE, IN THE  AREA  AFFECTED,  AND  HAVING
MARKETED  NOT  LESS  THAN SIXTY-FIVE PER CENTUM OF THE TOTAL QUANTITY OF
THE COMMODITY WHICH WAS MARKETED IN THE NEXT PRECEDING, ORDINARY MARKET-
ING SEASON BY ALL PRODUCERS THAT VOTED IN THE REFERENDUM. THE  PRESIDENT
MAY,  AND UPON WRITTEN PETITION DULY SIGNED BY TWENTY-FIVE PER CENTUM OF
THE PRODUCERS IN THE AREA AMEND OR TERMINATE SUCH ORDER AFTER DUE NOTICE
AND OPPORTUNITY FOR HEARING, BUT SUBJECT TO THE  APPROVAL  OF  NOT  LESS
THAN  FIFTY  PER  CENTUM OF SUCH PRODUCERS PARTICIPATING IN A REFERENDUM
VOTE.
  (C) THE PRESIDENT, CONSULTING WITH AND SEEKING THE ADVICE AND  CONSENT
OF  THE ADVISORY BOARD SHALL ADMINISTER AND ENFORCE ANY MARKETING ORDER,
WHILE IT IS IN EFFECT, TO:
  (I) ENCOURAGE AND MAINTAIN STABLE PRICES  RECEIVED  BY  PRODUCERS  FOR
SUCH  AGRICULTURAL  COMMODITY  AND  AQUATIC  PRODUCT AT A LEVEL WHICH IS
CONSISTENT WITH THE PROVISIONS AND AIMS OF THIS ACT.
  (II) PREVENT THE UNREASONABLE OR UNNECESSARY WASTE OF  LAND  OR  WATER
BASED WEALTH.
  (III)  PROTECT  THE INTERESTS OF CONSUMERS OF SUCH COMMODITY, BY EXER-
CISING THE POWERS OF THIS SECTION TO SUCH  EXTENT  AS  IS  NECESSARY  TO
EFFECTUATE THE PURPOSES OF THIS ACT.
  (IV) PROVIDE CONSULTATION TO THE COMMISSIONER WHO SHALL BUDGET FOR THE
ADMINISTRATION  AND OPERATING COSTS AND EXPENSES, SEEKING THE ADVICE AND
CONSENT OF THE ADVISORY BOARD, INCLUDING ADVERTISING AND SALES PROMOTION
WHEN REQUIRED IN ANY MARKETING  AGREEMENT  OR  ORDER  EXECUTED  IN  THIS
SECTION  AND  TO PROVIDE FOR THE COLLECTION AND RETENTION OF SUCH NECES-
SARY FEES TO DEFRAY SUCH COSTS AND EXPENSES, IN NO CASE TO  EXCEED  FIVE
PERCENT  OF  THE  GROSS  DOLLAR  VOLUME  OF  SALES  OR  DOLLAR VOLUME OF
PURCHASES OR AMOUNTS HANDLED, TO BE COLLECTED FROM EACH  PERSON  ENGAGED
IN THE PRODUCTION, PROCESSING, DISTRIBUTING OR THE HANDLING OF ANY MARK-
ETABLE  AGRICULTURAL COMMODITY AND AQUATIC PRODUCT PRODUCED OR LANDED IN
THIS STATE AND DIRECTLY AFFECTED BY ANY MARKETING ORDER ISSUED  PURSUANT
TO THIS SECTION FOR SUCH COMMODITY.
  (V)  CONFER  AND COOPERATE WITH THE LEGALLY CONSTITUTED AUTHORITIES OF
OTHER STATES AND THE UNITED STATES.
  (D) ANY MARKETING AGREEMENT OR ORDER ISSUED BY THE PRESIDENT  PURSUANT
TO  THIS SECTION, IN CONSULTATION WITH THE COMMISSIONER, MAY CONTAIN ANY
OR ALL OF THE FOLLOWING:
  (I) PROVISIONS FOR DETERMINING THE EXISTENCE AND EXTENT OF THE SURPLUS
OF ANY AGRICULTURAL COMMODITY, OR OF ANY GRADE, SIZE OR QUALITY THEREOF,
AND PROVIDING FOR THE REGULATION AND DISPOSITION OF SUCH SURPLUS.
  (II) PROVISIONS FOR LIMITING THE TOTAL QUANTITY  OF  ANY  AGRICULTURAL
PRODUCT,  OR  OF  ANY  GRADE  OR  GRADES,  SIZE  OR SIZES, OR QUALITY OR
PORTIONS OR COMBINATIONS THEREOF, WHICH MAY BE MARKETED DURING ANY SPEC-
IFIED PERIOD OR PERIODS. SUCH TOTAL QUANTITY OF ANY  SUCH  COMMODITY  SO
REGULATED  SHALL NOT BE LESS THAN THE QUANTITY WHICH THE PRESIDENT SHALL
FIND IS REASONABLY NECESSARY TO SUPPLY THE MARKET  DEMAND  OF  CONSUMERS
FOR SUCH COMMODITY.
  (III)  PROVISIONS  REGULATING  TO THE PERIOD, OR PERIODS, DURING WHICH
ANY AGRICULTURAL COMMODITY, OR ANY GRADE OR GRADES,  SIZE  OR  SIZES  OR
QUALITY OR PORTIONS OR COMBINATIONS OF SUCH COMMODITY, MAY BE MARKETED.
  (IV)  PROVISIONS  FOR THE ESTABLISHMENT OF UNIFORM GRADING, STANDARDS,
AND INSPECTION OF ANY AGRICULTURAL COMMODITY DELIVERED BY  PRODUCERS  OR

S. 6408--C                         25                         A. 9008--C

OTHER  PERSONS  TO HANDLERS, PROCESSORS, DISTRIBUTORS OR OTHERS ENGAGING
IN THE HANDLING THEREOF, AND FOR THE ESTABLISHMENT OF GRADING OR  STAND-
ARDS  OF QUALITY, CONDITION, SIZE, MATURITY OR PACK FOR ANY AGRICULTURAL
COMMODITY,  AND  THE INSPECTION AND GRADING OF SUCH COMMODITY IN ACCORD-
ANCE WITH SUCH GRADING OR STANDARDS SO ESTABLISHED; AND  FOR  PROVISIONS
THAT  NO PRODUCER, HANDLER, PROCESSOR OR DISTRIBUTOR OF ANY AGRICULTURAL
COMMODITY FOR WHICH GRADING OR STANDARDS ARE SO ESTABLISHED MAY,  EXCEPT
AS  OTHERWISE PROVIDED IN SUCH MARKETING AGREEMENT OR ORDER, SELL, OFFER
FOR SALE, PROCESS, DISTRIBUTE OR OTHERWISE  HANDLE  ANY  SUCH  COMMODITY
WHETHER PRODUCED WITHIN OR WITHOUT THIS STATE, NOT MEETING AND COMPLYING
WITH  SUCH  ESTABLISHED  GRADING  OR STANDARDS. FOR THE PURPOSES OF THIS
SECTION,  THE  FEDERAL-STATE  INSPECTION  SERVICE  SHALL   PERFORM   ALL
INSPECTIONS MADE NECESSARY BY SUCH PROVISIONS.
  (V)  PROVISIONS FOR THE ESTABLISHMENT OF RESEARCH PROGRAMS DESIGNED TO
BENEFIT A SPECIFIED COMMODITY OR NEW YORK AGRICULTURE IN GENERAL.
  (VI) PROVISIONS FOR THE PRESIDENT TO RETAIN MONEY COLLECTED UNDER  ANY
MARKETING  ORDER ISSUED PURSUANT TO THIS SECTION TO DEFRAY THE COSTS AND
EXPENSES IN THE ADMINISTRATION THEREOF.
  (VII) SUCH OTHER PROVISIONS AS MAY  BE  NECESSARY  TO  EFFECTUATE  THE
DECLARED POLICIES OF THIS SECTION.
  (VIII)  PROVISIONS  TO  ESTABLISH  MARKETING  PROMOTION  AND  RESEARCH
PROGRAMS FOR  AQUATIC  PRODUCTS  WHICH  MAY  INCLUDE  SUBPARAGRAPHS  (I)
THROUGH (VII) OF THIS PARAGRAPH.
  (E)  THE PRESIDENT, SEEKING THE ADVICE AND THE CONSENT OF THE ADVISORY
BOARD, MAY TEMPORARILY SUSPEND THE OPERATION OF AN  EFFECTIVE  MARKETING
ORDER FOR A CONTINUING PERIOD OF NOT LONGER THAN ONE GROWING AND MARKET-
ING  SEASON,  IF  THE  PURPOSES  OF  THIS SECTION ARE DEEMED UNNECESSARY
DURING SUCH SEASON.
  (F) IN CARRYING OUT THE PURPOSES OF THIS SECTION,  THE  PRESIDENT,  IN
CONSULTATION  WITH  THE COMMISSIONER AND CONSULTING WITH AND SEEKING THE
ADVICE AND CONSENT OF THE ADVISORY BOARD, SHALL TAKE INTO  CONSIDERATION
ANY  AND ALL FACTS AVAILABLE TO HIM OR HER WITH RESPECT TO THE FOLLOWING
ECONOMIC FACTORS:
  (I) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY AVAILABLE FOR DISTRIB-
UTION.
  (II) THE QUANTITY OF SUCH AGRICULTURAL COMMODITY NORMALLY REQUIRED  BY
CONSUMERS.
  (III) THE COST OF PRODUCING SUCH AGRICULTURAL COMMODITY.
  (IV) THE PURCHASING POWER OF CONSUMERS.
  (V)  THE  LEVEL  OF PRICES OF COMMODITIES, SERVICES AND SECTIONS WHICH
THE FARMERS COMMONLY BUY.
  (VI) THE LEVEL OF PRICES OF OTHER COMMODITIES WHICH  COMPETE  WITH  OR
ARE UTILIZED AS SUBSTITUTES FOR SUCH AGRICULTURAL COMMODITY.
  (G)  THE  EXECUTION  OF  SUCH  MARKETING AGREEMENTS SHALL IN NO MANNER
AFFECT THE ISSUANCE, ADMINISTRATION  OR  ENFORCEMENT  OF  ANY  MARKETING
ORDER  PROVIDED FOR IN THIS SECTION. THE PRESIDENT, IN CONSULTATION WITH
THE COMMISSIONER, MAY ISSUE SUCH MARKETING  ORDER  WITHOUT  EXECUTING  A
MARKETING AGREEMENT OR MAY EXECUTE A MARKETING AGREEMENT WITHOUT ISSUING
A  MARKETING ORDER COVERING THE SAME COMMODITY. THE PRESIDENT, IN HIS OR
HER DISCRETION, IN CONSULTATION WITH THE COMMISSIONER MAY HOLD A CONCUR-
RENT HEARING UPON A PROPOSED MARKETING AGREEMENT AND A PROPOSED  MARKET-
ING  ORDER  IN THE MANNER PROVIDED FOR GIVING DUE NOTICE AND OPPORTUNITY
FOR HEARING FOR A MARKETING ORDER AS PROVIDED IN THIS SECTION.
  (H) PRIOR TO THE ISSUANCE, AMENDMENT OR TERMINATION OF  ANY  MARKETING
ORDER,  THE  PRESIDENT  MAY  REQUIRE  THE  APPLICANTS FOR SUCH ISSUANCE,
AMENDMENT OR TERMINATION TO DEPOSIT WITH HIM OR HER SUCH AMOUNT AS HE OR

S. 6408--C                         26                         A. 9008--C

SHE MAY DEEM NECESSARY TO DEFRAY THE EXPENSES OF  PREPARING  AND  MAKING
EFFECTIVE AMENDING OR TERMINATING A MARKETING ORDER. SUCH FUNDS SHALL BE
RECEIVED, DEPOSITED AND DISBURSED BY THE PRESIDENT IN THE SAME MANNER AS
OTHER  FEES  RECEIVED BY HIM OR HER UNDER THIS SECTION AND, IN THE EVENT
THE APPLICATION FOR ADOPTION, AMENDMENT OR TERMINATION  OF  A  MARKETING
ORDER  IS  APPROVED  IN  A REFERENDUM, THE PRESIDENT SHALL REIMBURSE ANY
SUCH APPLICANT IN THE AMOUNT OF ANY SUCH  DEPOSIT  FROM  ANY  UNEXPENDED
MONIES COLLECTED UNDER THE MARKETING ORDER AFFECTED BY SUCH REFERENDUM.
  (I)  ANY  MONEYS  COLLECTED  BY THE PRESIDENT PURSUANT TO THIS SECTION
SHALL NOT BE DEEMED STATE OR CORPORATION FUNDS AND SHALL BE DEPOSITED IN
A BANK OR OTHER DEPOSITORY OF THE CORPORATION, APPROVED  BY  THE  PRESI-
DENT,  ALLOCATED TO EACH MARKETING ORDER UNDER WHICH THEY ARE COLLECTED,
AND SHALL BE DISBURSED BY THE PRESIDENT ONLY FOR THE NECESSARY  EXPENSES
INCURRED  BY  THE PRESIDENT WITH RESPECT TO EACH SUCH SEPARATE MARKETING
ORDER, ALL IN ACCORDANCE WITH THE RULES AND REGULATIONS  OF  THE  PRESI-
DENT.  ALL  SUCH  EXPENDITURES  SHALL  BE SUBJECT TO AUDITS BY THE STATE
COMPTROLLER.  ANY MONEYS REMAINING IN SUCH FUND ALLOCABLE TO ANY PARTIC-
ULAR COMMODITY AFFECTED BY A MARKETING ORDER MAY, IN THE  DISCRETION  OF
THE  PRESIDENT,  BE REFUNDED AT THE CLOSE OF ANY MARKETING SEASON UPON A
PRO-RATA BASIS TO  ALL  PERSONS  FROM  WHOM  ASSESSMENTS  THEREFOR  WERE
COLLECTED  OR,  WHENEVER  THE  PRESIDENT  FINDS  THAT SUCH MONEYS MAY BE
NECESSARY TO DEFRAY THE COST OF OPERATING  SUCH  MARKETING  ORDER  IN  A
SUCCEEDING MARKETING SEASON, HE OR SHE MAY CARRY OVER ALL OR ANY PORTION
OF  SUCH  MONEYS  INTO  THE NEXT SUCH SUCCEEDING SEASON. UPON THE TERMI-
NATION BY THE PRESIDENT OF ANY MARKETING ORDER, ALL MONEYS REMAINING AND
NOT REQUIRED BY THE PRESIDENT TO DEFRAY THE EXPENSES OF  OPERATING  SUCH
MARKETING  ORDER,  SHALL  BE  REFUNDED  BY THE PRESIDENT UPON A PRO-RATA
BASIS TO ALL PERSONS FROM  WHOM  ASSESSMENTS  THEREFOR  WERE  COLLECTED;
PROVIDED,  HOWEVER,  THAT  IF  THE  PRESIDENT  FINDS THAT THE AMOUNTS SO
REFUNDABLE ARE SO SMALL AS TO MAKE  IMPRACTICABLE  THE  COMPUTATION  AND
REFUNDING  OF  SUCH REFUNDS, THE PRESIDENT MAY USE SUCH MONEYS TO DEFRAY
THE EXPENSES INCURRED BY HIM OR HER IN THE FORMULATION, ISSUANCE, ADMIN-
ISTRATION OR ENFORCEMENT OF ANY  SUBSEQUENT  MARKETING  ORDER  FOR  SUCH
COMMODITY.
  (J)  ADVISORY BOARD.   (I) ANY MARKETING ORDER ISSUED PURSUANT TO THIS
SECTION SHALL PROVIDE FOR THE ESTABLISHMENT OF  AN  ADVISORY  BOARD,  TO
CONSIST  OF  NOT  LESS  THAN FIVE MEMBERS NOR MORE THAN NINE MEMBERS, TO
ADVISE THE PRESIDENT IN THE ADMINISTRATION OF SUCH  MARKETING  ORDER  IN
ACCORDANCE WITH ITS TERMS AND PROVISIONS. THE PRESIDENT SHALL ADMINISTER
AND  ENFORCE  ANY  SUCH ORDER WHILE IT IS IN EFFECT, CONSULTING WITH THE
ADVISORY BOARD AND SEEKING ITS ADVICE AND CONSENT.  THE MEMBERS OF  SAID
BOARD  SHALL  BE APPOINTED BY THE COMMISSIONER FROM NOMINATIONS RECEIVED
FROM THE COMMODITY GROUP FOR WHICH THE MARKETING ORDER  IS  ESTABLISHED.
NOMINATING  PROCEDURE,  QUALIFICATION,  REPRESENTATION  AND  SIZE OF THE
ADVISORY BOARD SHALL BE PRESCRIBED IN EACH  MARKETING  ORDER  FOR  WHICH
SUCH  BOARD  IS APPOINTED. EACH ADVISORY BOARD SHALL BE COMPOSED OF SUCH
PRODUCERS AND HANDLERS OR PROCESSORS AS ARE  DIRECTLY  AFFECTED  BY  THE
MARKETING  ORDER IN SUCH PROPORTION OF REPRESENTATION AS THE ORDER SHALL
PRESCRIBE. THE COMMISSIONER MAY APPOINT ONE  PERSON  WHO  IS  NEITHER  A
PRODUCER,  PROCESSOR  OR  OTHER  HANDLER  TO REPRESENT THE DEPARTMENT OF
AGRICULTURE AND MARKETS, THE CORPORATION, OR THE PUBLIC GENERALLY.
  (II) NO MEMBER OF AN ADVISORY BOARD SHALL RECEIVE A SALARY,  BUT  EACH
SHALL  BE  ENTITLED TO HIS OR HER ACTUAL EXPENSES INCURRED WHILE ENGAGED
IN PERFORMING HIS OR HER DUTIES HEREIN AUTHORIZED.
  (III) THE DUTIES AND RESPONSIBILITIES OF EACH ADVISORY BOARD SHALL  BE
PRESCRIBED  BY THE PRESIDENT, IN CONSULTATION WITH THE COMMISSIONER, AND

S. 6408--C                         27                         A. 9008--C

HE OR SHE SHALL SPECIFICALLY DELEGATE TO THE ADVISORY BOARD,  BY  INCLU-
SION IN THE MARKETING ORDER, THE FOLLOWING DUTIES AND RESPONSIBILITIES:
  (A)  THE  RECOMMENDATION  TO THE PRESIDENT OF ADMINISTRATIVE RULES AND
REGULATIONS RELATING TO THE MARKETING ORDER.
  (B) RECOMMENDING TO THE PRESIDENT SUCH  AMENDMENTS  TO  THE  MARKETING
ORDER AS DEEMED ADVISABLE.
  (C)  THE  PREPARATION AND SUBMISSION TO THE COMMISSIONER, IN CONSULTA-
TION WITH THE PRESIDENT, OF THE ESTIMATED BUDGET REQUIRED FOR THE PROPER
OPERATION OF THE MARKETING ORDER.
  (D) RECOMMENDING TO THE PRESIDENT METHODS FOR ASSESSING MEMBERS OF THE
INDUSTRY AND METHODS FOR COLLECTING THE NECESSARY FUNDS.
  (E) ASSISTING THE PRESIDENT IN THE COLLECTION AND ASSEMBLING OF INFOR-
MATION AND DATA NECESSARY TO THE PROPER ADMINISTRATION OF THE ORDER.
  (F) THE PERFORMANCE OF  SUCH  OTHER  DUTIES  IN  CONNECTION  WITH  THE
MARKETING ORDER AS THE PRESIDENT SHALL DESIGNATE.
  4.  RULES AND REGULATIONS; ENFORCEMENT. THE PRESIDENT, WITH THE ADVICE
AND CONSENT OF THE ADVISORY BOARD, MAY MAKE AND  PROMULGATE  SUCH  RULES
AND  REGULATIONS  AS  MAY  BE NECESSARY TO EFFECTUATE THE PROVISIONS AND
INTENT OF THIS SECTION AND TO ENFORCE THE  PROVISION  OF  ANY  MARKETING
AGREEMENT OR ORDER, ALL OF WHICH SHALL HAVE THE FORCE AND EFFECT OF LAW.
  THE  PRESIDENT,  IN  CONSULTATION  WITH THE COMMISSIONER MAY INSTITUTE
SUCH ACTION AT LAW OR IN EQUITY  AS  MAY  APPEAR  NECESSARY  TO  ENFORCE
COMPLIANCE  WITH  ANY  PROVISION  OF  THIS SECTION, OR ANY RULE OR REGU-
LATION, MARKETING AGREEMENT OR ORDER, COMMITTED TO HIS OR  HER  ADMINIS-
TRATION, AND IN ADDITION MAY APPLY FOR RELIEF BY INJUNCTION IF NECESSARY
TO  PROTECT  THE  PUBLIC  INTEREST  WITHOUT BEING COMPELLED TO ALLEGE OR
PROVE THAT AN ADEQUATE REMEDY AT LAW DOES NOT  EXIST.  SUCH  APPLICATION
MAY  BE  MADE TO THE SUPREME COURT IN ANY DISTRICT OR COUNTY AS PROVIDED
IN THE CIVIL PRACTICE LAW AND RULES, OR TO  THE  SUPREME  COURT  IN  THE
THIRD JUDICIAL DISTRICT.
  5.  COOPERATION  BY THE DEPARTMENT.   THE PRESIDENT OF THE CORPORATION
MAY REQUEST AND RECEIVE, WITHIN NINETY DAYS OF SUCH  REQUEST,  FROM  THE
DEPARTMENT SUCH ASSISTANCE, INFORMATION AND COOPERATION AS MAY BE NECES-
SARY  FOR THE CORPORATION TO PROVIDE SERVICES WITH RESPECT TO THE ADMIN-
ISTRATION OF THE PROCEDURES SET FORTH FOR THE ISSUANCE,  TERMINATION  OR
AMENDMENT  OF  ANY AGRICULTURAL, COMMODITIES OR AQUATIC ORDER AND/OR THE
ADMINISTRATION OF ANY SUCH ORDER.    THE  CORPORATION  SHALL  RETAIN  AN
AMOUNT  EQUAL  TO THE EXPENSES INCURRED BY THE CORPORATION IN PERFORMING
ITS DUTIES PURSUANT TO THIS SECTION  AND  REIMBURSE  THE  DEPARTMENT  AN
AMOUNT  EQUAL  TO  THE  EXPENSES INCURRED BY THE DEPARTMENT IN SUPPLYING
SUCH SERVICES, SUBSEQUENT TO SUBMISSION AND AUDIT OF A VOUCHER THEREFOR.
SUCH REIMBURSEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FUNDS  COLLECTED
BY THE CORPORATION PURSUANT TO THIS SECTION LESS THE REASONABLE EXPENSES
INCURRED  BY  THE  CORPORATION IN PERFORMING ITS DUTIES PURSUANT TO THIS
SECTION.
  6. INDEMNIFICATION. THE STATE SHALL DEFEND, INDEMNIFY AND  HOLD  HARM-
LESS  THE  CORPORATION, ITS DIRECTORS, OFFICERS, AND EMPLOYEES, FROM AND
AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF  ACTION,  DAMAGES,  COSTS
AND EXPENSES WHATSOEVER ARISING DIRECTLY OR INDIRECTLY FROM, OR RELATING
TO,  THE  ADMINISTRATION  OF  ANY  AGRICULTURAL,  COMMODITIES OR AQUATIC
PROMOTION ORDER ISSUED OR ADMINISTERED PURSUANT TO  THIS  SECTION.    IN
CONNECTION  WITH THE FOREGOING, THE CORPORATION SHALL GIVE THE STATE (A)
PROMPT WRITTEN NOTICE OF ANY ACTION, CLAIM OR THREAT OF  SUIT,  (B)  THE
OPPORTUNITY TO TAKE OVER, SETTLE OR DEFEND SUCH ACTION, CLAIM OR SUIT AT
THE  STATE'S SOLE EXPENSE, AND (C) ASSISTANCE IN THE DEFENSE OF ANY SUCH
ACTION AT THE EXPENSE OF THE STATE.

S. 6408--C                         28                         A. 9008--C

  7. CONTRACTUAL PROVISIONS. THE CORPORATION MAY CONTRACT  FOR  SERVICES
WITH  RESPECT  TO  THE IMPLEMENTATION OF THIS SECTION IN ACCORDANCE WITH
THE CORPORATION'S POLICIES, PROCEDURES AND  GUIDELINES.  NOTWITHSTANDING
SECTION  2879  OF  THE  PUBLIC  AUTHORITIES  LAW OR ANY OTHER LAW TO THE
CONTRARY,  ANY  SUCH  CONTRACT  MAY  BE PROCURED BY THE CORPORATION ON A
SOLE-SOURCE BASIS, AND SHALL  NOT  BE  SUBJECT  TO  COMPETITIVE  BID  OR
COMPETITIVE REQUEST FOR PROPOSAL REQUIREMENTS.
  S  16-Z.  MARKETING  ORDERS.    THE  MARKETING  ORDERS, THE REGULATORY
PROVISIONS RELATING THERETO, SET FORTH IN  TITLE  ONE  OF  THE  OFFICIAL
COMPILATION  OF  CODES,  RULES  AND REGULATIONS OF THE STATE OF NEW YORK
PARTS 40, 200, 201, 202, 203, 204, AND 205, AND THE  CONTRACTS  RELATING
THERETO  SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL AMENDED OR REPEALED
PURSUANT TO THE STATUTORY AUTHORITY SET FORTH IN SECTIONS 16-X AND  16-Y
OF  THIS  ACT  EXCEPT  THAT:  (A)  SUCH MARKETING ORDERS, THE REGULATORY
PROVISIONS RELATING THERETO, AND THE CONTRACTS RELATING THERETO SHALL BE
ADMINISTERED BY AND UNDER THE SUPERVISION OF THE PRESIDENT OF THE CORPO-
RATION AS OF THE EFFECTIVE DATE OF SECTIONS 16-X AND 16-Y OF  THIS  ACT;
(B)  ALL  UNDISBURSED FUNDS UNDER THE CONTROL OF THE DEPARTMENT OF AGRI-
CULTURE AND MARKETS SHALL BE TRANSFERRED TO THE CORPORATION ON OR BEFORE
SUCH EFFECTIVE DATE; AND (C) ANY ASSESSMENTS DUE AND PAYABLE UNDER  SUCH
MARKETING  ORDERS  SHALL BE REMITTED TO THE CORPORATION STARTING 30 DAYS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law  and  shall expire and be deemed repealed two years
after such date; provided, however, that any assessment due and  payable
under  such  marketing orders shall be remitted to the urban development
corporation starting 30 days after such effective date.

                                 PART T

  Section 1. Subdivisions 1 and 2 of section  27-1905  of  the  environ-
mental conservation law, as amended by section 1 of part G of chapter 58
of the laws of 2013, are amended to read as follows:
  1.  Until  December  thirty-first,  two  thousand  [sixteen] NINETEEN,
accept from a customer, waste tires of approximately the same  size  and
in a quantity equal to the number of new tires purchased or installed by
the customer; and
  2.  Until December thirty-first, two thousand [sixteen] NINETEEN, post
written notice in a prominent location, which must be at least eight and
one-half inches by fourteen inches in size  and  contain  the  following
language:
  "New  York State law requires us to accept and manage waste tires from
vehicles in exchange for an equal number of new tires that  we  sell  or
install.  Tire  retailers are required to charge a separate and distinct
waste tire management and recycling fee of $2.50 for each new tire sold.
  The retailers in addition are authorized, at their sole discretion, to
pass on waste tire management and recycling costs  to  tire  purchasers.
Such  costs  may  be included as part of the advertised price of the new
tire, or charged as a separate per-tire  charge  in  an  amount  not  to
exceed $2.50 on each new tire sold."
  The  written notice shall also contain one of the following statements
at the end of the aforementioned language and as  part  of  the  notice,
which  shall  accurately  indicate  the manner in which the tire service
charges for waste tire management and recycling costs, and the amount of
any charges that are separately invoiced for such costs:

S. 6408--C                         29                         A. 9008--C

  "Our waste tire management and recycling costs  are  included  in  the
advertised price of each new tire.", or
  "We  charge  a separate per-tire charge of $____ on each new tire sold
that will be listed on your invoice to cover our waste  tire  management
and recycling costs."
  S  2.  Subdivisions  1,  2 and 3 and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation  law,  as  amended  by
section  2  of  part G of chapter 58 of the laws of 2013, are amended to
read as follows:
  1. Until December thirty-first, two  thousand  [sixteen]  NINETEEN,  a
waste  tire  management and recycling fee of two dollars and fifty cents
shall be charged on each new tire sold. The fee shall  be  paid  by  the
purchaser  to  the  tire  service  at the time the new tire or new motor
vehicle is purchased.
  The waste tire management and recycling fee does not apply to:
  (a) recapped or resold tires;
  (b) mail-order sales; or
  (c) the sale of new motor vehicle tires to a  person  solely  for  the
purpose  of  resale provided the subsequent retail sale in this state is
subject to such fee.
  2. Until December thirty-first, two thousand [sixteen]  NINETEEN,  the
tire  service  shall collect the waste tire management and recycling fee
from the purchaser at the time of the sale and shall remit such  fee  to
the  department  of taxation and finance with the quarterly report filed
pursuant to subdivision three of this section.
  (a) The fee imposed shall be stated as an invoice  item  separate  and
distinct from the selling price of the tire.
  (b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
  3.  Until  March  thirty-first, two thousand [seventeen] TWENTY,  each
tire service maintaining a place of business in this state shall make  a
return  to  the department of taxation and finance on a quarterly basis,
with the return for December, January, and  February  being  due  on  or
before  the  immediately  following  March  thirty-first; the return for
March, April, and May being due on or before the  immediately  following
June  thirtieth;  the  return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the  immediately
following December thirty-first.
  (a) Each return shall include:
  (i) the name of the tire service;
  (ii) the address of the tire service's principal place of business and
the  address  of the principal place of business (if that is a different
address) from which the tire service engages in the business  of  making
retail sales of tires;
  (iii) the name and signature of the person preparing the return;
  (iv)  the  total  number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
  (v) the amount of waste tire management and recycling fees due; and
  (vi) such other reasonable information as the department  of  taxation
and finance may require.
  (b)  Copies  of  each report shall be retained by the tire service for
three years.

S. 6408--C                         30                         A. 9008--C

  If a tire service ceases business, it shall file a  final  return  and
remit  all fees due under this title with the department of taxation and
finance not more than one month after discontinuing that business.
  (a)  Until December thirty-first, two thousand [sixteen] NINETEEN, any
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to  paragraph
(b)  of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire  charge
on  each  new  tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice  shall
state  that  the  charge  is  imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall  reflect  the  actual
cost to the tire service for the management and recycling of waste tires
accepted  by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two  dollars
and fifty cents on each new tire sold.
  S  3.  Subdivision 6 of section 27-1915 of the environmental conserva-
tion law, as added by section 3 of part V-1 of chapter 62 of the laws of
2003, is amended to read as follows:
  6. costs of the department of health for the following:
  (a) recommendations to protect public health; [and]
  (b) administration of requirements of this section[.]; AND
  (C) PREVENTION OR  CONTROL  OF  ON-SITE  POPULATIONS  OF  VECTORS,  AS
DEFINED  IN  SUBDIVISION  TEN  OF SECTION 27-2301 OF THIS ARTICLE, USING
TECHNIQUES APPROPRIATE FOR PROTECTION OF HUMAN HEALTH AND  THE  ENVIRON-
MENT TO PREVENT THE SITE FROM BEING A VECTOR BREEDING AREA.
  S 4. This act shall take effect immediately.

                                 PART U

  Section  1.  Paragraph a of subdivision 2 of section 92-s of the state
finance law, as added by chapter 610 of the laws of 1993, is amended  to
read as follows:
  a. The comptroller shall establish the following separate and distinct
accounts within the environmental protection fund:
  (i) solid waste account;
  (ii) parks, recreation and historic preservation account;
  (iii) open space account; [and]
  (iv) CLIMATE CHANGE MITIGATION AND ADAPTATION ACCOUNT; AND
  (V) environmental protection transfer account.
  S 2. Subdivision 6 of section 92-s of the state finance law is amended
by adding a new paragraph (f) to read as follows:
  (F)  MONEYS FROM THE CLIMATE CHANGE ACCOUNT SHALL BE AVAILABLE, PURSU-
ANT TO APPROPRIATION AND UPON CERTIFICATE OF APPROVAL OF AVAILABILITY BY
THE DIRECTOR OF THE  BUDGET,  FOR  CLIMATE  SMART  COMMUNITIES  PROJECTS
PURSUANT  TO  TITLE  FIFTEEN  OF ARTICLE FIFTY-FOUR OF THE ENVIRONMENTAL
CONSERVATION LAW.
  S 3. Paragraph (b) of subdivision 6  of  section  92-s  of  the  state
finance  law,  as amended by chapter 432 of the laws of 1997, is amended
to read as follows:
  (b) Moneys from the solid waste account shall be  available,  pursuant
to appropriation and upon certificate of approval of availability by the
director of the budget, for any non-hazardous municipal landfill closure
project;  municipal  waste reduction or recycling project, as defined in
article fifty-four  of  the  environmental  conservation  law;  for  the

S. 6408--C                         31                         A. 9008--C

purposes  of  section  two  hundred  sixty-one  and  section two hundred
sixty-four of the economic development law; any project for the develop-
ment, updating or revision of local solid waste management plans  pursu-
ant  to  sections  27-0107 and 27-0109 of the environmental conservation
law; ENVIRONMENTAL JUSTICE PROJECTS AND GRANTS and for  the  development
of  the  pesticide  sales and use data base [in conjunction with Cornell
University] pursuant to title twelve  of  article  thirty-three  of  the
environmental conservation law.
  S  4.  Subdivisions  1  and  2 of section 54-1101 of the environmental
conservation law, subdivision 1 as amended by chapter 355 of the laws of
2014 and subdivision 2 as amended by chapter 309 of the  laws  of  1996,
are amended to read as follows:
  1.  The  secretary  is  authorized  to provide on a competitive basis,
within amounts appropriated, state assistance payments AND/OR  TECHNICAL
ASSISTANCE AS DEFINED IN SECTION NINE HUNDRED SEVENTEEN OF THE EXECUTIVE
LAW, to municipalities toward the [cost] DEVELOPMENT of any local water-
front revitalization program, PURSUANT TO ARTICLE FORTY-TWO OF THE EXEC-
UTIVE  LAW  including  planning  projects  to  mitigate  future physical
climate risks AND UPDATES TO EXISTING  LOCAL  WATERFRONT  REVITALIZATION
PROGRAM PLANS TO MITIGATE FUTURE PHYSICAL CLIMATE RISKS.  Eligible costs
include  planning,  studies, preparation of local laws, and construction
projects.
  2. State assistance payments AND/OR TECHNICAL ASSISTANCE,  AS  DEFINED
IN SECTION NINE HUNDRED SEVENTEEN OF THE EXECUTIVE LAW, shall not exceed
fifty  percent of the cost of the program.  For the purpose of determin-
ing the amount of state assistance payments, costs  shall  not  be  more
than  the  amount  set  forth  in  the  application for state assistance
payments approved by the secretary. The state assistance payments  shall
be  paid  on audit and warrant of the state comptroller on a certificate
of availability of the director of the budget.
  S 5. Article 54 of the environmental conservation law  is  amended  by
adding a new title 15 to read as follows:

                                TITLE 15
                    CLIMATE SMART COMMUNITY PROJECTS
SECTION 54-1501. DEFINITION.
        54-1503. CLIMATE SMART COMMUNITY PROJECTS.
        54-1505. ELIGIBILITY  TO  RECEIVE  STATE ASSISTANCE PAYMENTS FOR
                   CLIMATE SMART COMMUNITY PROJECTS.
        54-1507. CRITERIA FOR CLIMATE SMART COMMUNITY PROJECTS.
        54-1509. STATE ASSISTANCE APPLICATION PROCEDURE.
        54-1511. STATE ASSISTANCE PAYMENTS FOR CLIMATE  SMART  COMMUNITY
                   PROJECTS.
        54-1513. CLIMATE CHANGE MITIGATION EASEMENTS.
        54-1515. CONTRACTS  FOR  STATE  ASSISTANCE  PAYMENTS FOR CLIMATE
                   SMART COMMUNITY PROJECTS.
        54-1517. POWERS AND DUTIES OF THE COMMISSIONER.
        54-1519. POWERS AND DUTIES OF A MUNICIPALITY.
        54-1521. CLEAN VEHICLE PROJECTS.
        54-1523. CLIMATE ADAPTATION AND MITIGATION PROJECTS.
S 54-1501. DEFINITION.
  FOR PURPOSES OF THIS TITLE, "CLIMATE SMART COMMUNITY  PROJECTS"  SHALL
MEAN  ADAPTATION AND MITIGATION PROJECTS, INCLUDING FLOOD MITIGATION AND
COASTAL AND RIPARIAN RESILIENCY, GREENHOUSE GAS REDUCTIONS  OUTSIDE  THE
POWER  SECTOR  AND CLIMATE CHANGE ADAPTATION PLANNING, AND CLEAN VEHICLE
PROJECTS.

S. 6408--C                         32                         A. 9008--C

S 54-1503. CLIMATE SMART COMMUNITY PROJECTS.
  THE COMMISSIONER, PURSUANT TO APPROPRIATION THEREFOR, IS AUTHORIZED TO
UNDERTAKE CLIMATE SMART COMMUNITY PROJECTS.
S 54-1505. ELIGIBILITY  TO RECEIVE STATE ASSISTANCE PAYMENTS FOR CLIMATE
             SMART COMMUNITY PROJECTS.
  ANY MUNICIPALITY MAY APPLY FOR STATE ASSISTANCE  PAYMENTS  TOWARD  THE
COST  OF  A CLIMATE SMART COMMUNITY PROJECT. ANY APPLICATION MUST COMPLY
WITH ALL APPLICABLE RULES AND REGULATIONS DETERMINED BY THE DEPARTMENT.
S 54-1507. CRITERIA FOR CLIMATE SMART COMMUNITY PROJECTS.
  COSTS INCURRED PRIOR TO APRIL FIRST, TWO THOUSAND SIXTEEN,  SHALL  NOT
BE ELIGIBLE FOR STATE ASSISTANCE PAYMENTS FUNDED PURSUANT TO THIS TITLE.
PROJECTS  MUST DEMONSTRATE AN ABILITY TO IDENTIFY, MITIGATE AND/OR ADAPT
TO CLIMATE CHANGE VULNERABILITY AND RISK  OR  DEMONSTRATE  POTENTIAL  TO
REDUCE GREENHOUSE GAS EMISSIONS OUTSIDE THE POWER SECTOR.
S 54-1509. STATE ASSISTANCE APPLICATION PROCEDURE.
  1. A MUNICIPALITY, UPON THE APPROVAL OF ITS GOVERNING BODY, MAY SUBMIT
AN  APPLICATION  TO  THE  COMMISSIONER, IN SUCH FORM AND CONTAINING SUCH
INFORMATION AS  THE  COMMISSIONER  MAY  REQUIRE,  FOR  STATE  ASSISTANCE
PAYMENTS  TOWARD  THE COST OF A PROJECT WHICH IS WITHIN THE STATE OF NEW
YORK AND WHICH IS ELIGIBLE FOR STATE ASSISTANCE PURSUANT TO THIS TITLE.
  2. THE COMMISSIONER SHALL REVIEW  SUCH  PROJECT  APPLICATION  AND  MAY
APPROVE,  DISAPPROVE  OR RECOMMEND MODIFICATIONS THERETO CONSISTENT WITH
APPLICABLE LAW, CRITERIA, STANDARDS OR RULES AND REGULATIONS RELATIVE TO
SUCH PROJECTS. IN REVIEWING APPLICATIONS FOR PROJECTS PURSUANT  TO  THIS
SECTION, THE COMMISSIONER SHALL GIVE DUE CONSIDERATION TO:
  A.  THE  URGENCY  OF NEED TO PROVIDE STATE ASSISTANCE PAYMENTS FOR THE
PROJECT IN RELATION TO THE PROVISION OF MONIES FOR OTHER  PROJECT  NEEDS
IN THE STATE KNOWN AT THE TIME SUCH APPLICATION IS MADE;
  B. THE PROJECT'S CONTRIBUTION TO THE STATE'S CLIMATE GOALS; AND
  C. THE ABILITY OF THE MUNICIPALITY TO PAY FOR THE COSTS OF THE CLIMATE
SMART COMMUNITY PROJECT.
S 54-1511. STATE   ASSISTANCE   PAYMENTS  FOR  CLIMATE  SMART  COMMUNITY
             PROJECTS.
  1. UNLESS OTHERWISE SPECIFIED BY LAW, THE COMMISSIONER  IS  AUTHORIZED
TO  PROVIDE  ON  A COMPETITIVE BASIS, WITHIN AMOUNTS APPROPRIATED, STATE
ASSISTANCE PAYMENTS TO A MUNICIPALITY TOWARD THE  COST  OF  ANY  CLIMATE
SMART  COMMUNITY  PROJECT APPROVED BY THE COMMISSIONER PROVIDED THAT THE
COMMISSIONER DETERMINES THAT FUTURE PHYSICAL CLIMATE  RISK  DUE  TO  SEA
LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING, BASED ON AVAILABLE DATA
PREDICTING  THE  LIKELIHOOD  OF FUTURE EXTREME WEATHER EVENTS, INCLUDING
HAZARD RISK ANALYSIS DATA IF APPLICABLE,  HAS  BEEN  CONSIDERED,  EXCEPT
THAT  SUCH  DETERMINATION  SHALL  NOT  APPLY  TO  REBATES  FOR  ELIGIBLE
PURCHASES PURSUANT TO SECTION 54-1521 OF THIS TITLE.
  2. THE COMMISSIONER AND A MUNICIPALITY MAY ENTER INTO A  CONTRACT  FOR
THE UNDERTAKING OF A CLIMATE SMART COMMUNITY PROJECT. SUCH PROJECT SHALL
BE  RECOMMENDED TO THE COMMISSIONER BY THE GOVERNING BODY OF THE MUNICI-
PALITY, AND WHEN APPROVED BY THE COMMISSIONER, UNDERTAKEN BY THE MUNICI-
PALITY PURSUANT TO THIS ARTICLE AND ANY OTHER APPLICABLE  PROVISIONS  OF
LAW.
  3.  STATE  ASSISTANCE  PAYMENTS  SHALL NOT EXCEED FIFTY PERCENT OF THE
PROJECT COST OR TWO MILLION DOLLARS, WHICHEVER IS LESS. SUCH  COSTS  ARE
SUBJECT  TO FINAL COMPUTATION AND DETERMINATION BY THE COMMISSIONER UPON
COMPLETION OF THE PROJECT, AND SHALL NOT  EXCEED  THE  MAXIMUM  ELIGIBLE
COST SET FORTH IN THE CONTRACT.
  4. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS WHICH SHALL
INCLUDE  CRITERIA  FOR  DETERMINING ELIGIBLE EXPENDITURES AND PROCEDURES

S. 6408--C                         33                         A. 9008--C

FOR GOVERNING THE COMMITMENT AND DISBURSEMENT OF FUNDS  APPROPRIATED  IN
ACCORDANCE WITH THIS TITLE. THE COMMISSIONER SHALL ALSO PROMULGATE RULES
AND REGULATIONS WHICH SHALL INCLUDE APPLICATION PROCEDURES, REVIEW PROC-
ESSES, AND PROJECT APPROVAL GUIDELINES AND CRITERIA.
S 54-1513. CLIMATE CHANGE MITIGATION EASEMENTS.
  A  MUNICIPALITY  WHICH  DEVELOPS,  IMPROVES, RESTORES OR REHABILITATES
REAL PROPERTY THAT IS NOT OWNED BY THE  MUNICIPALITY  PURSUANT  TO  THIS
TITLE  WITH  FUNDS  MADE AVAILABLE PURSUANT TO THIS TITLE SHALL OBTAIN A
CLIMATE CHANGE MITIGATION EASEMENT FROM THE OWNER OF THE REAL  PROPERTY.
CLIMATE  CHANGE  MITIGATION  EASEMENTS SHALL BE ENFORCED AS CONSERVATION
EASEMENTS ARE ENFORCED IN SECTION 49-0305 OF THIS CHAPTER.
S 54-1515. CONTRACTS FOR STATE ASSISTANCE  PAYMENTS  FOR  CLIMATE  SMART
             COMMUNITY PROJECTS.
  1.  AFTER  APPROVAL  OF  THE APPLICATION, THE COMMISSIONER MAY, IN THE
NAME OF THE STATE, ENTER INTO CONTRACTS WITH MUNICIPALITIES, TO  PROVIDE
STATE  ASSISTANCE  PAYMENTS  TOWARD  THE COST OF CLIMATE SMART COMMUNITY
PROJECTS, WHICH SHALL INCLUDE THE FOLLOWING PROVISIONS:
  A. AN ESTIMATE OF THE COSTS  OF  THE  PROJECT  AS  DETERMINED  BY  THE
COMMISSIONER;
  B.  AN AGREEMENT BY THE COMMISSIONER TO MAKE STATE ASSISTANCE PAYMENTS
TOWARD THE COST OF THE PROJECT BY PERIODICALLY REIMBURSING  THE  MUNICI-
PALITY   DURING   THE  PROGRESS  OF  PROJECT  DEVELOPMENT  OR  FOLLOWING
COMPLETION OF THE PROJECT AS MAY BE AGREED UPON BY THE  PARTIES,  IN  AN
AMOUNT  NOT  TO  EXCEED THE AMOUNTS ESTABLISHED ELSEWHERE IN THIS TITLE;
AND
  C. AN AGREEMENT BY THE MUNICIPALITY:
  (I) TO PROCEED EXPEDITIOUSLY WITH AND COMPLETE THE PROJECT AS APPROVED
BY THE COMMISSIONER;
  (II) TO UNDERTAKE AND MAINTAIN THE CLIMATE SMART COMMUNITY PROJECT  IN
ACCORDANCE WITH APPLICABLE LAW AND RULES AND REGULATIONS;
  (III)  TO  PROVIDE  FOR THE PAYMENT OF THE MUNICIPALITY'S SHARE OF THE
COST OF THE PROJECT;
  (IV) TO ASSUME THE FULL COST OF ANY ADDITIONAL ELEMENTS  OR  CONTINUED
OPERATION OF THE PROJECT;
  (V)  TO REPAY WITHIN ONE YEAR OF NOTIFICATION BY THE COMMISSIONER, ANY
STATE ASSISTANCE PAYMENTS MADE TOWARD THE COST  OF  THE  PROJECT  OR  AN
EQUITABLE PORTION OF SUCH MONIES DECLARED APPROPRIATE BY THE COMMISSION-
ER,  IF  THE  MUNICIPALITY FAILS TO COMPLETE THE PROJECT AS APPROVED. NO
REPAYMENT, HOWEVER, SHALL BE REQUIRED WHERE  THE  COMMISSION  DETERMINES
THAT  SUCH  FAILURE, DISPOSITION OR CHANGE OF USE WAS IMMEDIATELY NECES-
SARY TO PROTECT PUBLIC HEALTH AND SAFETY; AND
  (VI) TO APPLY FOR  AND  MAKE  REASONABLE  EFFORTS  TO  SECURE  FEDERAL
ASSISTANCE FOR THE PROJECT.
  2.  IN  CONNECTION  WITH  EACH  CONTRACT,  THE COMMISSIONER SHALL KEEP
ADEQUATE RECORDS OF THE AMOUNT OF THE PAYMENT  BY  THE  STATE,  IF  ANY,
RECEIVED  BY  THE  MUNICIPALITY.   SUCH RECORDS SHALL BE RETAINED BY THE
COMMISSIONER AND SHALL ESTABLISH THE  BASIS  FOR  RECALCULATION  OF  THE
STATE PAYMENT AS REQUIRED HEREIN.
  3.  THE  COMMISSIONER  SHALL  IMPOSE SUCH CONTRACTUAL REQUIREMENTS AND
CONDITIONS  UPON  ANY  MUNICIPALITY  WHICH  RECEIVES  STATE   ASSISTANCE
PAYMENTS  PURSUANT  TO THIS TITLE AS MAY BE NECESSARY AND APPROPRIATE TO
ENSURE THAT A PUBLIC BENEFIT SHALL ACCRUE FROM THE USE OF  PUBLIC  FUNDS
BY  SUCH MUNICIPALITY.  SUCH CONDITIONS SHALL INCLUDE LIMITATIONS ON THE
RIGHT  OF  THE  MUNICIPALITY  TO  DEMOLISH  OR  CONVEY  SUCH   PROPERTY,
PROVISIONS  FOR  PUBLIC  ACCESS  OR USE WHERE APPROPRIATE, A REQUIREMENT
THAT ALL PLANS FOR RESTORATION, REHABILITATION, IMPROVEMENT,  DEMOLITION

S. 6408--C                         34                         A. 9008--C

OR OTHER PHYSICAL CHANGE MUST BE SUBJECT TO THE COMMISSIONER'S APPROVAL,
AND  SUCH  OTHER  CONDITIONS  WHICH  SHALL  ASSURE  THE PRESERVATION AND
PROTECTION OF THE PROJECT.
S 54-1517. POWERS AND DUTIES OF THE COMMISSIONER.
  IN ADMINISTERING THE PROVISIONS OF THIS TITLE THE COMMISSIONER:
  1.  SHALL  MAKE  AN  ITEMIZED  ESTIMATE  OF  FUNDS  OR  APPROPRIATIONS
REQUESTED ANNUALLY FOR INCLUSION IN THE EXECUTIVE BUDGET;
  2. MAY, IN THE NAME OF THE STATE,  AS  FURTHER  PROVIDED  WITHIN  THIS
ARTICLE,  CONTRACT  TO  MAKE,  WITHIN  THE  LIMITATIONS OF APPROPRIATION
AVAILABLE THEREFOR, STATE ASSISTANCE PAYMENTS TOWARD  THE  COSTS  OF  AN
APPROVED  PROJECT.  SUCH  CONTRACTS  SHALL BE SUBJECT TO APPROVAL BY THE
STATE COMPTROLLER AND, AS TO FORM, BY THE ATTORNEY GENERAL;
  3. SHALL APPROVE VOUCHERS FOR THE PAYMENTS  PURSUANT  TO  AN  APPROVED
CONTRACT.  ALL  SUCH  PAYMENTS SHALL BE PAID ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER; AND
  4. MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER
OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
S 54-1519. POWERS AND DUTIES OF A MUNICIPALITY.
  A MUNICIPALITY SHALL HAVE THE POWER AND AUTHORITY TO:
  1. UNDERTAKE AND CARRY OUT ANY  PROJECT  FOR  WHICH  STATE  ASSISTANCE
PAYMENTS  PURSUANT TO CONTRACT ARE RECEIVED OR ARE TO BE RECEIVED PURSU-
ANT TO THIS ARTICLE AND MAINTAIN AND OPERATE SUCH PROJECT;
  2. EXPEND MONEY RECEIVED FROM THE STATE PURSUANT TO THIS  ARTICLE  FOR
COSTS INCURRED IN CONJUNCTION WITH THE APPROVED PROJECT; AND
  3.  PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
DESIRABLE TO CARRY OUT A PROJECT OR OBLIGATION, DUTY OR FUNCTION RELATED
THERETO.
S 54-1521. CLEAN VEHICLE PROJECTS.
  1. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
  A. "ELIGIBLE INFRASTRUCTURE PROJECT"  SHALL  MEAN  ANY  FACILITY  (NOT
INCLUDING  A BUILDING AND ITS STRUCTURAL COMPONENTS) THAT IS USED PRIMA-
RILY FOR THE PUBLIC CHARGING AND/OR FUELING OF VEHICLES WHICH  MEET  THE
ELIGIBLE  VEHICLE  DEFINITION  THAT HAS RECEIVED REQUIRED FEDERAL, STATE
AND LOCAL PERMITS AND AUTHORIZATIONS COMPLIES WITH ZONING.
  B. "ELIGIBLE PURCHASE" SHALL MEAN THE PURCHASE BY  A  MUNICIPALITY  TO
OWN  OR  LEASE  FOR  A  PERIOD  OF NOT LESS THAN THIRTY-SIX MONTHS OF AN
ELIGIBLE VEHICLE PLACED INTO SERVICE ON OR AFTER APRIL FIRST, TWO  THOU-
SAND SIXTEEN AT A DEALER LOCATED WITHIN NEW YORK.
  C.  "ELIGIBLE VEHICLE" MEANS AND INCLUDES A NEW MOTOR VEHICLE THAT:
  (I) HAS FOUR WHEELS;
  (II)  WAS  MANUFACTURED FOR USE PRIMARILY ON PUBLIC STREETS, ROADS AND
HIGHWAYS;
  (III) THE POWERTRAIN OF WHICH HAS NOT BEEN MODIFIED FROM THE  ORIGINAL
MANUFACTURER'S SPECIFICATIONS;
  (IV)  IS  RATED  AT  NOT  MORE THAN EIGHT THOUSAND FIVE HUNDRED POUNDS
GROSS VEHICLE WEIGHT;
  (V) HAS A MAXIMUM SPEED CAPABILITY OF AT LEAST  FIFTY-FIVE  MILES  PER
HOUR; AND
  (VI) IS PROPELLED AT LEAST IN PART BY AN ELECTRIC MOTOR AND ASSOCIATED
POWER  ELECTRONICS WHICH PROVIDE ACCELERATION TORQUE TO THE DRIVE WHEELS
SOMETIME DURING NORMAL VEHICLE OPERATION,  AND  THAT  DRAWS  ELECTRICITY
FROM A HYDROGEN FUEL CELL OR FROM A BATTERY THAT:
  (A) HAS A CAPACITY OF NOT LESS THAN FOUR KILOWATT HOURS; AND
  (B) IS CAPABLE OF BEING RECHARGED FROM AN EXTERNAL SOURCE OF ELECTRIC-
ITY.

S. 6408--C                         35                         A. 9008--C

  2. A.  UNTIL APRIL 1, 2023, THE COMMISSIONER, IN CONSULTATION WITH THE
NEW  YORK  STATE ENERGY RESEARCH DEVELOPMENT AUTHORITY, IS AUTHORIZED TO
ISSUE REBATES UNTIL THE ANNUAL ALLOCATION IS EXHAUSTED TO MUNICIPALITIES
TOWARD THE COST OF ANY ELIGIBLE INFRASTRUCTURE  PROJECTS  WHICH  SUPPORT
THE DEVELOPMENT OF CLEAN VEHICLES.
  B.  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, SHALL DETERMINE THE  AMOUNT  OF  THE
REBATE  FOR ELIGIBLE INFRASTRUCTURE PROJECTS, PROVIDED THAT AN APPLICANT
FOR SUCH ELIGIBLE INFRASTRUCTURE PROJECT REBATE MAY  RECEIVE  A  MAXIMUM
REBATE OF TWO HUNDRED FIFTY THOUSAND DOLLARS PER FACILITY.
  3.  A. UNTIL APRIL 1, 2023, THE COMMISSIONER, IN CONSULTATION WITH THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, IS  AUTHORIZED
TO  ISSUE  REBATES  UNTIL  THE ANNUAL ALLOCATION IS EXHAUSTED TO MUNICI-
PALITIES TOWARD THE COST OF ELIGIBLE PURCHASES OF CLEAN VEHICLES.
  B. THE DEPARTMENT, IN CONSULTATION WITH  THE  NEW  YORK  STATE  ENERGY
RESEARCH  AND  DEVELOPMENT  AUTHORITY, SHALL DETERMINE THE AMOUNT OF THE
REBATE TAKING INTO CONSIDERATION THE  ELECTRIC  RANGE  OF  THE  VEHICLE,
PROVIDED  THAT  A  REBATE OF AN ELIGIBLE PURCHASE SHALL BE NOT LESS THAN
SEVEN HUNDRED FIFTY DOLLARS PER VEHICLE AND NOT MORE THAN FIVE  THOUSAND
DOLLARS PER VEHICLE.
  4.  THE  DEPARTMENT,  IN  CONSULTATION  WITH THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, SHALL PROMULGATE RULES TO  IMPLEMENT
AND ADMINISTER THIS TITLE INCLUDING RULES RELATING TO THE FORMS REQUIRED
TO CLAIM A REBATE, THE REQUIRED DOCUMENTATION FOR ESTABLISHING ELIGIBIL-
ITY  FOR  A REBATE, PROCEDURES AND GUIDELINES FOR CLAIMING A REBATE, AND
THE COLLECTION OF ECONOMIC IMPACT DATA FROM  APPLICANTS  AND  ANY  OTHER
REQUIREMENTS  THE  DEPARTMENT  AND  NEW  YORK  STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY DEEM NECESSARY. THE DEPARTMENT SHALL DETERMINE AND
PUBLISH ON ITS WEBSITE ON AN ONGOING BASIS THE AMOUNT OF AVAILABLE FUND-
ING FOR REBATES REMAINING IN EACH FISCAL YEAR.
  5. NO LATER THAN APRIL FIRST, TWO THOUSAND EIGHTEEN AND ANNUALLY THER-
EAFTER, THE DEPARTMENT SHALL ISSUE A REPORT TO THE  TEMPORARY  PRESIDENT
OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY DETAILING THE STATUS OF
ITS PROGRAM TO ENCOURAGE THE DEPLOYMENT OF CLEAN VEHICLES.  SUCH  REPORT
SHALL INCLUDE:
  A.  THE  AMOUNT OF FUNDING DEDICATED BY THE DEPARTMENT FOR THE PROGRAM
IN THE PRECEDING YEAR;
  B. THE  AMOUNT  OF  ELIGIBLE  PURCHASES  AND  ELIGIBLE  INFRASTRUCTURE
PROJECTS FOR WHICH A REBATE WAS AWARDED;
  C. THE AMOUNT AND GEOGRAPHIC DISTRIBUTION OF REBATES; AND
  D. ANY OTHER INFORMATION THE DEPARTMENT DEEMS NECESSARY.
S 54-1523. CLIMATE ADAPTATION AND MITIGATION PROJECTS.
  1.  THE  COMMISSIONER IS AUTHORIZED TO PROVIDE ON A COMPETITIVE BASIS,
WITHIN AMOUNTS APPROPRIATED, STATE ASSISTANCE PAYMENTS TO A MUNICIPALITY
TOWARD THE COST OF ANY CLIMATE ADAPTATION OR MITIGATION  PROJECTS.  SUCH
PROJECTS SHALL INCLUDE:
  A.  THE  CONSTRUCTION  OF NATURAL RESILIENCY MEASURES, CONSERVATION OR
RESTORATION OF RIPARIAN AREAS AND TIDAL MARSH MIGRATION AREAS;
  B. NATURE-BASED SOLUTIONS SUCH AS WETLAND PROTECTIONS TO ADDRESS PHYS-
ICAL CLIMATE RISK DUE TO SEA LEVEL  RISE,  AND/OR  STORM  SURGES  AND/OR
FLOODING,  BASED  ON  AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE
EXTREME WEATHER EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF  APPLICA-
BLE;
  C.  RELOCATION  OR  RETROFIT OF FACILITIES TO ADDRESS PHYSICAL CLIMATE
RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES AND/OR FLOODING BASED ON

S. 6408--C                         36                         A. 9008--C

AVAILABLE DATA PREDICTING  THE  LIKELIHOOD  OF  FUTURE  EXTREME  WEATHER
EVENTS, INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE;
  D. FLOOD RISK REDUCTION;
  E. GREENHOUSE GAS EMISSION REDUCTIONS OUTSIDE THE POWER SECTOR;
  F.  ENABLING  COMMUNITIES  TO BECOME CERTIFIED UNDER THE CLIMATE SMART
COMMUNITIES PROGRAM, INCLUDING BY DEVELOPING NATURAL RESOURCES  INVENTO-
RIES, RIGHT SIZING OF MUNICIPAL FLEETS AND DEVELOPING CLIMATE ADAPTATION
STRATEGIES; AND
  G.  CLIMATE CHANGE ADAPTATION PLANNING AND SUPPORTING STUDIES, INCLUD-
ING BUT NOT LIMITED TO VULNERABILITY ASSESSMENT  AND  RISK  ANALYSIS  OF
MUNICIPAL DRINKING WATER, WASTEWATER, AND TRANSPORTATION INFRASTRUCTURE.
  2. TO THE FULLEST EXTENT PRACTICABLE, IT IS THE POLICY OF THE STATE TO
PROMOTE  AN  EQUITABLE  REGIONAL  DISTRIBUTION OF CLIMATE ADAPTATION AND
MITIGATION PROJECTS, CONSISTENT WITH THE PURPOSE OF THIS  TITLE,  TAKING
INTO ACCOUNT REGIONAL DIFFERENCES IN CLIMATE CHANGE RISKS, SOCIOECONOMIC
CONDITIONS AND ECOLOGICAL RESOURCES.
  3. NO MONIES SHALL BE EXPENDED FOR LAND ACQUISITION.
  S 6. Paragraph (a) of subdivision 1 of section 33-1201 of the environ-
mental conservation law, as added by chapter 279 of the laws of 1996, is
amended to read as follows:
  a.  The  department  shall  develop a pesticide sales and use computer
data base [in conjunction with Cornell University].  The data base shall
be maintained at the department.
  S 7. Paragraph b of subdivision 1 of section 918 of the executive law,
as added by chapter 840 of the laws of  1981,  is  amended  to  read  as
follows:
  b.    To any local government or local government agency for research,
design, and other activities  which  serve  to  facilitate  construction
projects  provided for in an approved waterfront revitalization program;
provided, however, THAT SUCH PROJECTS SHALL TAKE INTO ACCOUNT THE FUTURE
PHYSICAL CLIMATE RISK DUE TO SEA LEVEL RISE, AND/OR STORM SURGES  AND/OR
FLOODING,  BASED  ON  AVAILABLE DATA PREDICTING THE LIKELIHOOD OF FUTURE
EXTREME WEATHER EVENTS INCLUDING HAZARD RISK ANALYSIS DATA IF APPLICABLE
AND PROVIDED, FURTHER, that such grants or payments shall not exceed ten
percent of the estimated cost of such construction project.
  S 8. Until January 1, 2018 or such time  as  regulations  are  adopted
pursuant  to  section  54-1521  of  the  environmental conservation law,
whichever is sooner, the department of  environmental  conservation,  in
consultation  with  the  New  York state energy research and development
authority, is authorized to issue rebates  pursuant  to  a  request  for
proposal which shall specify rules relating to the forms, procedures and
guidelines  for  claiming a rebate for the purchase of eligible vehicles
and eligible infrastructure projects.   Until January 1,  2018  or  such
time as regulations are adopted pursuant to section 54-1511 of the envi-
ronmental conservation law, whichever is sooner, the department of envi-
ronmental  conservation  is  authorized  to  provide state assistance to
municipalities pursuant to one or more request for proposal which  shall
include  criteria for determining scoring of projects, eligible expendi-
tures and procedures governing the commitment and disbursement of  funds
pursuant  to  section 54-1523 of the environmental conservation law. The
department shall make all information  required  to  be  included  in  a
request for proposal pursuant to this section publicly available.
  S 9. Paragraph (h) of subdivision 1 of section 56-0303 of the environ-
mental conservation law, as added by chapter 413 of the laws of 1996, is
amended to read as follows:

S. 6408--C                         37                         A. 9008--C

  (h)  For  state  assistance  payments  for  the  cost of water quality
improvement projects intended for any waters of the state  FOR  PROJECTS
TO  SUPPORT  A STUDY OF GROUNDWATER QUALITY IN LONG ISLAND OR OPEN SPACE
LAND CONSERVATION PROJECTS which have been (a) approved by  the  commis-
sioner,  (b) identified in plans in accordance with section 1455b of the
federal [costal] COASTAL zone management act or article forty-two of the
executive law and approved by the secretary of state, or  (c)  developed
in  accordance  with title eleven-b of article two of the soil and water
conservation districts law and approved by  the  state  soil  and  water
conservation committee and commissioner of agriculture and markets.
  S  10. This act shall take effect immediately, provided, however, that
section six of this act shall take effect on April 1, 2018.

                                 PART V

                          Intentionally Omitted

                                 PART W

  Section 1. Subdivision 2 of section 16-w of section 1 of  chapter  174
of  the  laws of 1968, constituting the New York state urban development
corporation act, as amended by section 1 of part FF of chapter 58 of the
laws of 2015, is amended to read as follows:
  2. The corporation shall consult with the  department  of  agriculture
and  markets  in order to establish such criteria governing the award of
grants as authorized herein, as the corporation and such department deem
necessary. Such criteria shall include, but not be limited to[:
  (a)], farmers who have  not  produced  an  "agricultural  product"  as
defined  by  section  three  hundred twenty-eight of the agriculture and
markets law, for more than ten consecutive years,  and  who  will  mate-
rially  and  substantially  participate in the production of an agricul-
tural product within a region of the state.
  [(b) farms of one hundred fifty acres or less.]
  S 2. This act shall take effect immediately.

                                 PART X

  Section 1. Subdivisions 3, 5 and 7 of section 19-0323 of the  environ-
mental  conservation  law,  subdivisions 3 and 5 as amended by section 1
and subdivision 7 as amended by section 2 of part II of  chapter  58  of
the laws of 2015, are amended to read as follows:
  3. Any diesel powered heavy duty vehicle that is owned by, operated by
or  on  behalf  of,  or  leased by a state agency and state and regional
public authority with more than half of its governing body appointed  by
the  governor  shall  utilize the best available retrofit technology for
reducing the emission of pollutants. The commissioner  shall  promulgate
regulations  for  the implementation of this subdivision specifying that
all vehicles covered by  this  subdivision  shall  have  best  available
retrofit technology on or before December 31, [2016] 2017.
  This  subdivision shall not apply to any vehicle subject to a lease or
public works contract entered into or renewed  prior  to  the  effective
date of this section.
  5.  In addition to any waiver which may be issued pursuant to subdivi-
sion four of this section, the department shall  issue  a  waiver  to  a
state  agency, a state or regional public authority, or a person operat-
ing any diesel-powered heavy duty vehicle on behalf of a  state  agency,

S. 6408--C                         38                         A. 9008--C

state  or regional public authority, upon a request in a form acceptable
to the department for a waiver from the provisions of subdivision  three
of  this  section for a vehicle engine provided that such vehicle engine
will  cease  to be used in the state on or before December thirty-first,
two thousand [seventeen] EIGHTEEN.  Any waiver issued pursuant  to  this
subdivision shall expire when a state agency, a state or regional public
authority,  or  a person operating any diesel-powered heavy duty vehicle
on behalf of a state agency, state or regional public  authority  ceases
to use the engine in the state but not later than December thirty-first,
two thousand [seventeen] EIGHTEEN.
  7. On or before January 1, 2008 and every year thereafter, the commis-
sioner  shall report to the governor and legislature on the use of ultra
low sulfur diesel fuel. On or before January 1, [2017]  2018  and  every
year  thereafter,  the  commissioner  shall include in the report to the
governor and legislature the use of the best available retrofit technol-
ogy as required under this section. The information  contained  in  this
report  shall  include, but not be limited to, for each state agency and
public authority covered by this section: (a) the total number of diesel
fuel-powered motor vehicles owned or operated by such agency and author-
ity; (b) the number of such motor vehicles that were  powered  by  ultra
low  sulfur  diesel  fuel;  (c)  the total number of diesel fuel-powered
motor vehicles owned or operated by such agency and authority  having  a
gross vehicle weight rating of more than 8,500 pounds; (d) the number of
such  motor vehicles that utilized the best available retrofit technolo-
gy, including a breakdown by motor vehicle model, engine  year  and  the
type  of  technology used for each vehicle; (e) the number of such motor
vehicles that are equipped with an engine certified  to  the  applicable
2007 United States environmental protection agency standard for particu-
late matter as set forth in section 86.007-11 of title 40 of the code of
federal  regulations  or  to  any subsequent United States environmental
protection agency standard for particulate matter that is  at  least  as
stringent; and (f) all waivers, findings, and renewals of such findings,
which,  for each waiver, shall include, but not be limited to, the quan-
tity of diesel fuel needed to power diesel fuel-powered  motor  vehicles
owned  or  operated  by  such agency and authority; specific information
concerning the availability of ultra low sulfur diesel fuel.
  S 2. This act shall take effect immediately.

                                 PART Y

  Section 1. The opening paragraph of section 2231 of  the  vehicle  and
traffic law is designated subdivision 1 and a new subdivision 2 is added
to read as follows:
  2.  NOTWITHSTANDING  SUBDIVISION ONE OF THIS SECTION, THE COMMISSIONER
SHALL ALSO DEPOSIT FIVE DOLLARS OF THE FEES COLLECTED PURSUANT TO  PARA-
GRAPHS  (A), (B) AND (C) OF SUBDIVISION FOUR OF SECTION TWO THOUSAND TWO
HUNDRED TWENTY-TWO OF THIS ARTICLE, TO  THE  CREDIT  OF  THE  SNOWMOBILE
TRAIL DEVELOPMENT AND MAINTENANCE FUND.
  S 2. This act shall take effect October 1, 2016.

                                 PART Z

  Section  1.  Paragraph  (e)  of  subdivision  1 of section 66-j of the
public service law, as amended by chapter 355 of the laws of  2009,  and
the  opening paragraph as amended by chapter 336 of the laws of 2010, is
amended to read as follows:

S. 6408--C                         39                         A. 9008--C

  (e) "Farm waste electric generating equipment"  means  equipment  that
generates   electric  energy  from  biogas  produced  by  the  anaerobic
digestion of agricultural  waste,  such  as  livestock  manure,  farming
wastes and food processing wastes with a rated capacity of not more than
[one] TWO thousand kilowatts, that is:
  (i)  manufactured, installed, and operated in accordance with applica-
ble government and industry standards;
  (ii) connected to the electric system and operated in conjunction with
an electric corporation's transmission and distribution facilities;
  (iii) operated in  compliance  with  any  standards  and  requirements
established under this section;
  (iv)  fueled  at  a  minimum  of  ninety percent on an annual basis by
biogas produced from the anaerobic digestion of agricultural waste  such
as livestock manure materials, crop residues, and food processing waste;
and
  (v)  fueled  by  biogas generated by anaerobic digestion with at least
fifty percent by weight of its feedstock being livestock manure  materi-
als on an annual basis.
  S 2. This act shall take effect immediately.

                                 PART AA

  Section 1. Zero emissions vehicle and electric vehicle rebate program.
1.    Definitions.  For  purposes of this act, the following terms shall
have the following meanings:
  a. "Authority" shall mean the  New  York  state  energy  research  and
development authority.
  b. "Eligible vehicle" means and includes a new motor vehicle that:
  (i) has four wheels;
  (ii)  was  manufactured for use primarily on public streets, roads and
highways;
  (iii) the powertrain of which has not been modified from the  original
manufacturer's specifications;
  (iv)  is  rated  at  not  more than eight thousand five hundred pounds
gross vehicle weight;
  (v) has a maximum speed capability of at least  fifty-five  miles  per
hour; and
  (vi) is propelled at least in part by an electric motor and associated
power  electronics which provide acceleration torque to the drive wheels
sometime during normal vehicle operation,  and  that  draws  electricity
from a hydrogen fuel cell or from a battery that:
  (A) has a capacity of not less than four kilowatt hours; and
  (B) is capable of being recharged from an external source of electric-
ity.
  2.  No  later  than one year after the effective date of this act, the
authority shall develop a program to encourage the  deployment  of  zero
emissions vehicles and electric vehicles.
  3.  The program created pursuant to this act shall include rebates for
eligible purchases, provided that a  rebate  for  an  eligible  purchase
shall not exceed two thousand dollars.
  4.  Within  one  year of the effective date of this act, the authority
shall implement and administer this act including rules relating to  the
forms  required to claim a rebate, the required documentation for estab-
lishing eligibility for a rebate, procedures and guidelines for claiming
a rebate, and the collection of economic impact data from applicants and
any other requirements the authority deems necessary.

S. 6408--C                         40                         A. 9008--C

  The authority shall determine and publish on its website on an ongoing
basis the amount of available funding  for  rebates  remaining  in  each
fiscal year.
  5.  No later than April 1, 2018 and annually thereafter, the authority
shall issue a report to the  temporary  president  of  the  senate,  the
speaker of the assembly, the chair of the senate committee on energy and
telecommunications  and  the  chair  of the assembly committee on energy
detailing the status of its program to encourage the deployment of  zero
emissions vehicles and electric vehicles. Such report shall include:
  a. the amount of funding dedicated by the authority for the program in
the preceding year;
  b. the amount of eligible purchases for which a rebate was awarded;
  c. the amount and geographic distribution of rebates; and
  d. any other information the authority deems necessary.
  S 2. This act shall take effect immediately.

                                 PART BB

  Section  1.  Sections  1 and 2 of subpart H of part C of chapter 20 of
the laws of 2015, appropriating money for certain municipal corporations
and school districts are REPEALED and two new sections 1 and 2 are added
to read as follows:
  SECTION 1. CONTINGENT  UPON  AVAILABLE  FUNDING,  AND  NOT  TO  EXCEED
$30,000,000,  MONEYS  FROM  THE  URBAN  DEVELOPMENT CORPORATION SHALL BE
AVAILABLE FOR A LOCAL GOVERNMENT ENTITY, WHICH FOR THE PURPOSES OF  THIS
SECTION  SHALL  MEAN  A  COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT OR
SPECIAL DISTRICT, WHERE (I) ON OR  AFTER  JUNE  25,  2015,  AN  ELECTRIC
GENERATING  FACILITY  LOCATED  WITHIN  SUCH  LOCAL GOVERNMENT ENTITY HAS
CEASED OPERATIONS, AND (II) THE CLOSING OF SUCH FACILITY  HAS  CAUSED  A
REDUCTION  IN  THE  REAL PROPERTY TAX COLLECTIONS OR PAYMENTS IN LIEU OF
TAXES OF AT LEAST TWENTY PERCENT OWED BY SUCH ELECTRIC GENERATING FACIL-
ITY. SUCH MONEYS ATTRIBUTABLE TO THE CESSATION OF OPERATIONS,  SHALL  BE
PAID  ANNUALLY ON A FIRST COME, FIRST SERVED BASIS BY THE URBAN DEVELOP-
MENT CORPORATION TO SUCH LOCAL GOVERNMENT  ENTITY  WITHIN  A  REASONABLE
TIME  UPON  CONFIRMATION  FROM  THE  STATE  OFFICE  OF REAL PROPERTY TAX
SERVICES OR  THE  LOCAL  INDUSTRIAL  DEVELOPMENT  AUTHORITY  ESTABLISHED
PURSUANT  TO  TITLES  ELEVEN  AND FIFTEEN OF ARTICLE EIGHT OF THE PUBLIC
AUTHORITIES LAW, OR THE LOCAL INDUSTRIAL DEVELOPMENT AGENCY  ESTABLISHED
PURSUANT  TO  ARTICLE  EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW THAT SUCH
CESSATION  HAS  RESULTED  IN  A  REDUCTION  IN  THE  REAL  PROPERTY  TAX
COLLECTIONS  OR  PAYMENTS  IN LIEU OF TAXES, PROVIDED, HOWEVER, THAT THE
URBAN DEVELOPMENT CORPORATION SHALL NOT PROVIDE ASSISTANCE TO SUCH LOCAL
GOVERNMENT ENTITY FOR MORE THAN FIVE YEARS, AND SHALL NOT AWARD  IN  THE
FIRST  YEAR  MORE THAN EIGHTY PERCENT OF THE LOSS OF REVENUES DUE TO THE
CESSATION OF OPERATIONS. A LOCAL GOVERNMENT ENTITY SHALL BE ELIGIBLE FOR
ONLY ONE PAYMENT OF FUNDS HEREUNDER PER YEAR.  A LOCAL GOVERNMENT ENTITY
MAY SEEK ASSISTANCE UNDER THE  ELECTRIC  GENERATION  FACILITY  CESSATION
MITIGATION  FUND ONCE A GENERATOR HAS SUBMITTED ITS NOTICE TO THE FEDER-
ALLY DESIGNATED ELECTRIC BULK SYSTEM OPERATOR (BSO) SERVING THE STATE OF
NEW YORK OF ITS INTENT TO RETIRE THE FACILITY OR OF ITS INTENT TO VOLUN-
TARILY REMOVE THE FACILITY FROM SERVICE SUBJECT TO ANY RETURN-TO-SERVICE
PROVISIONS OF ANY TARIFF, AND THAT THE FACILITY ALSO  IS  INELIGIBLE  TO
PARTICIPATE  IN  THE MARKETS OPERATED BY THE BSO. THE DATE OF SUBMISSION
OF A LOCAL GOVERNMENT ENTITY'S APPLICATION FOR ASSISTANCE  SHALL  ESTAB-
LISH THE ORDER IN WHICH ASSISTANCE IS PAID TO PROGRAM APPLICANTS, EXCEPT
THAT  IN  NO EVENT SHALL ASSISTANCE BE PAID TO A LOCAL GOVERNMENT ENTITY

S. 6408--C                         41                         A. 9008--C

UNTIL SUCH TIME THAT AN ELECTRIC  GENERATING  FACILITY  HAS  RETIRED  OR
BECOME INELIGIBLE TO PARTICIPATE IN THE MARKETS OPERATED BY THE BSO. FOR
PURPOSES OF THIS SECTION, ANY LOCAL GOVERNMENT ENTITY SEEKING ASSISTANCE
UNDER  THE  ELECTRIC  GENERATION FACILITY CESSATION MITIGATION FUND MUST
SUBMIT AN ATTESTATION TO THE DEPARTMENT OF PUBLIC SERVICE THAT A FACILI-
TY IS NO LONGER PRODUCING ELECTRICITY AND IS NO LONGER PARTICIPATING  IN
MARKETS  OPERATED  BY  THE  BSO.  AFTER RECEIPT OF SUCH ATTESTATION, THE
DEPARTMENT OF PUBLIC SERVICE SHALL CONFIRM  SUCH  INFORMATION  WITH  THE
BSO.  IN  THE  CASE  THAT  THE  BSO CONFIRMS TO THE DEPARTMENT OF PUBLIC
SERVICE THAT THE FACILITY IS NO LONGER PRODUCING ELECTRICITY AND PARTIC-
IPATING IN MARKETS OPERATED BY SUCH BSO, IT SHALL  BE  DEEMED  THAT  THE
ELECTRIC  GENERATING FACILITY LOCATED WITHIN THE LOCAL GOVERNMENT ENTITY
HAS CEASED OPERATION. THE DEPARTMENT OF  PUBLIC  SERVICE  SHALL  PROVIDE
SUCH CONFIRMATION TO THE URBAN DEVELOPMENT CORPORATION UPON RECEIPT. THE
DETERMINATION  OF  THE AMOUNT OF SUCH ANNUAL PAYMENT SHALL BE DETERMINED
BY THE PRESIDENT OF THE  URBAN  DEVELOPMENT  CORPORATION  BASED  ON  THE
AMOUNT  OF  THE  DIFFERENTIAL BETWEEN THE ANNUAL REAL PROPERTY TAXES AND
PAYMENTS IN LIEU OF TAXES IMPOSED UPON THE FACILITY, EXCLUSIVE OF INTER-
EST AND PENALTIES, DURING THE LAST YEAR OF OPERATIONS  AND  THE  CURRENT
REAL  PROPERTY  TAXES  AND  PAYMENTS  IN  LIEU OF TAXES IMPOSED UPON THE
FACILITY, EXCLUSIVE OF INTEREST AND PENALTIES. THE TOTAL AMOUNT  AWARDED
FROM THIS PROGRAM SHALL NOT EXCEED $30,000,000.
  S  2. NOTWITHSTANDING ANY PROVISION OF LAW, RULE, OR REGULATION TO THE
CONTRARY THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOPMENT  AUTHORITY
(AUTHORITY)  IS  AUTHORIZED  AND  DIRECTED TO MAKE A CONTRIBUTION TO THE
URBAN DEVELOPMENT CORPORATION FOR THE PURPOSES OF THIS  ACT,  AN  AMOUNT
NOT  TO EXCEED $30,000,000 FOR THE STATE FISCAL YEAR COMMENCING APRIL 1,
2016 FROM PROCEEDS COLLECTED BY THE AUTHORITY FROM THE AUCTION  OR  SALE
OF  CARBON  DIOXIDE  EMISSION  ALLOWANCES ALLOCATED BY THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION.
  S 2. This act shall take effect immediately  provided,  however,  that
the  amendments to subpart H of part C of chapter 20 of the laws of 2015
made by section one of this act shall not  affect  the  repeal  of  such
subpart and shall be deemed repealed therewith.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the applicable effective date of Parts A through BB of this act shall be
as specifically set forth in the last section of such Parts.

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