S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7508                                                  A. 9508
 
                       S E N A T E - A S S E M B L Y
 
                             January 22, 2020
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when printed to be committed to the Committee on Finance
 
 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 the highway law and the transportation law, in relation
   to consolidated local highway assistance payments (Part A);  to  amend
   the  vehicle  and  traffic law in relation to penalties for commercial
   vehicles on parkways and penalties for over-height vehicles (Part  B);
   to  amend  the  vehicle and traffic law, in relation to the display of
   amber and blue lights on safety service patrol vehicles (Part  C);  to
   amend  the  penal  law and the vehicle and traffic law, in relation to
   highway worker safety (Subpart A); to amend the  vehicle  and  traffic
   law and the highway law, in relation to highway clearance (Subpart B);
   and  to  amend  the  vehicle and traffic law, in relation to increased
   fines for injury to pedestrians (Subpart C) (Part  D);  to  amend  the
   vehicle  and  traffic  law,  in  relation  to the maximum dimension of
   certain vehicles proceeding to and from the  New  York  state  thruway
   authority  (Part  E); to amend the public authorities law, in relation
   to agreements for fiber optics (Part F); to amend the public  authori-
   ties  law and the highway law, in relation to consolidation of the New
   York state bridge authority with the New York state thruway authority;
   and to repeal title 2 of article  3  of  the  public  authorities  law
   relating  thereto  (Part  G); to amend the vehicle and traffic law, in
   relation to penalties for unlicensed operation of  ground  transporta-
   tion  to  and  from airports (Part H); to amend the public authorities
   law, in relation to setting the aggregate principal  amount  of  bonds
   the  Metropolitan  transit authority, the Triborough bridge and tunnel
   authority and the New York city transit authority can issue (Part  I);
   to  amend  the  public  authorities  law,  in relation to procurements
   conducted by the New York City transit authority and the  metropolitan
   transportation  authority;  to amend part OO of chapter 54 of the laws
   of 2016, amending the public authorities law relating to  procurements
   by  the New York City transit authority and the metropolitan transpor-
   tation authority, in relation to the  effectiveness  thereof;  and  to
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12673-01-0

 S. 7508                             2                            A. 9508
 
   repeal certain provisions of the public authorities law relating ther-
   eto  (Part  J);  to  amend chapter 54 of the laws of 2016 amending the
   general municipal law relating to the New York transit  authority  and
   the  metropolitan  transportation  authority, in relation to extending
   authorization for tax increment financing for the metropolitan  trans-
   portation  authority (Part K); to amend the public authorities law, in
   relation to providing the metropolitan transit authority the right  to
   enter  private  property  to  trim  trees  and  vegetation  for safety
   purposes (Part L); to amend the penal law, in  relation  to  including
   the  intentional  use  of  any  toll highway, parkway, road, bridge or
   tunnel or entry  into  or  remaining  in  a  tolled  central  business
   district  without  payment  of the lawful toll or charge as a theft of
   services; and to amend the vehicle and traffic law, in relation to the
   penalty imposed upon the operator of a  vehicle  with  an  altered  or
   obscured license plate while on a toll highway, bridge or tunnel (Part
   M);  to amend the penal law, in relation to assaulting certain employ-
   ees of a transit agency or authority (Part N); to amend the penal law,
   in relation to harassing certain employees  of  a  transit  agency  or
   authority  (Part O); to amend the penal law and the public authorities
   law, in relation to transit crimes and prohibition orders relating  to
   such crimes (Part P); to amend the business corporation law, the coop-
   erative  corporations law, the executive law, the general associations
   law, the general business law, the limited liability company law,  the
   not-for-profit corporation law, the partnership law, the private hous-
   ing  finance law, the arts and cultural affairs law, the real property
   law and the tax law, in relation to streamlining the process by  which
   service  of process is served against a corporate or other entity with
   the secretary of state; and to repeal certain provisions of  the  real
   property  law  relating  thereto  (Part Q); to amend chapter 21 of the
   laws of 2003, amending the executive law relating  to  permitting  the
   secretary of state to provide special handling for all documents filed
   or  issued  by  the  division of corporations and to permit additional
   levels of such expedited service, in relation to extending the  effec-
   tiveness  thereof  (Part  R);  to  amend  the general business law, in
   relation to prohibiting gender discrimination within  the  pricing  of
   consumer  goods  and  services (Part S); to amend the general business
   law, in relation to telemarketing and to provide for caller  identifi-
   cation  transparency, call authentication, and call blocking services;
   and to repeal certain provisions of such law  relating  thereto  (Part
   T);  to amend the state law, in relation to making changes to the arms
   of the state (Part U); to amend the executive law, the  real  property
   law  and  the  general business law, in relation to qualifications for
   appointment and employment (Part V); to amend the real  property  law,
   in  relation  to  home  inspection professional licensing (Part W); to
   amend the business corporation law, the  executive  law,  the  limited
   liability  company  law,  the  not-for-profit corporation law, and the
   partnership law, in  relation  to  filing  of  certificates  with  the
   department  of  state; and repealing provisions of the business corpo-
   ration law, the limited liability company law and the tax law  related
   thereto  (Part  X);  to authorize utility and cable television assess-
   ments that provide funds to the department of health from cable  tele-
   vision  assessment  revenues  and to the department of agriculture and
   markets,  department  of  environmental  conservation,  department  of
   state,  and  the office of parks, recreation and historic preservation
   from utility assessment revenues (Part Y); to amend the public service
   law, in relation to strengthening the oversight and enforcement  mech-

 S. 7508                             3                            A. 9508
 
   anisms  of the public service commission (Part Z); to amend the public
   service law, the state finance law, the public authorities law and the
   general business law, in  relation  to  prohibiting  internet  service
   providers from preventing access to certain internet content or appli-
   cations  or  requiring users to pay to access certain internet content
   or applications (Part AA); to amend  the  general  municipal  law,  in
   relation  to  authorizing municipal corporations to charge for use and
   occupancy of fiber-optic lines on municipally owned rights of way  and
   establish  a  uniform  process  for  the siting of small cell wireless
   facilities; and to amend the highway law,  in  relation  to  statewide
   master  license agreements (Part BB); to amend chapter 584 of the laws
   of 2011, amending the public authorities law relating  to  the  powers
   and  duties  of the dormitory authority of the state of New York rela-
   tive to the establishment of subsidiaries  for  certain  purposes,  in
   relation  to the effectiveness thereof (Part CC); to amend the infras-
   tructure investment act, in relation to requiring certain contracts to
   comply with service-disabled veteran-owned business enterprises, nego-
   tiating prices in  certain  lump-sum  contracts,  referencing  certain
   sections of law and providing for a date of repeal (Part DD); to amend
   the  New  York state urban development corporation act, in relation to
   extending the authority of the New York state urban development corpo-
   ration to administer the empire state economic development fund  (Part
   EE);  to  amend  chapter 393 of the laws of 1994 amending the New York
   state urban development corporation act, relating to the powers of the
   New York  state  urban  development  corporation  to  make  loans,  in
   relation  to  extending  the general loan powers of the New York state
   urban development corporation (Part FF); to amend the economic  devel-
   opment law, in relation to economic transformation program eligibility
   (Part  GG); to authorize the New York state energy research and devel-
   opment authority to finance a portion of its research, development and
   demonstration, policy and planning, and Fuel NY program,  as  well  as
   climate  change  related  expenses  of the department of environmental
   conservation and the department of agriculture and  markets'  Fuel  NY
   program,  from  an  assessment  on gas and electric corporations (Part
   HH); to amend the labor law, in relation to the definitions of employ-
   er and immediate family member (Part II); to amend the general munici-
   pal law, in relation to discretionary spending and procurement  proce-
   dures  for  school  districts  in  relation to New York state products
   (Part JJ); to amend the public authorities law,  in  relation  to  the
   water  pollution control revolving fund and the drinking water revolv-
   ing fund (Part KK); to amend the banking law and  the  civil  practice
   law and rules, in relation to licensing consumer debt collectors (Part
   LL);  to  amend  the  financial services law, in relation to licensing
   student debt relief consultants; and to  amend  the  banking  law,  in
   relation  to  requiring  fingerprinting for applications for a student
   loan servicer license (Part MM); to amend the financial  services  law
   and  the  insurance  law, in relation to protecting New York consumers
   from unfair and abusive practices (Part NN); to amend the banking law,
   in relation to fighting elder financial fraud (Part OO); to amend  the
   environmental  conservation  law,  in relation to expanded polystyrene
   foam container and polystyrene loose fill  packaging  ban  (Part  PP);
   authorizing  the creation of state debt in the amount of three billion
   dollars, in relation to creating the environmental bond  act  of  2020
   "restore mother nature" for the purposes of environmental improvements
   that  preserve,  enhance, and restore New York's natural resources and
   reduce the impact of climate change by restoring habitats and reducing

 S. 7508                             4                            A. 9508
 
   flood risk; improving water quality; protecting open space and invest-
   ing in recreational infrastructure; expanding  the  use  of  renewable
   energy to mitigate climate change; and providing for the submission to
   the  people  of a proposition or question therefor to be voted upon at
   the general election to be held in November, 2020 (Part QQ); to  amend
   the  environmental  conservation  law  and  the  state finance law, in
   relation to the implementation of the environmental bond act  of  2020
   "restore  mother nature" (Part RR); to amend the environmental conser-
   vation law, in relation to a product stewardship program; and to amend
   the state finance law, in relation  to  establishing  the  stewardship
   organization  fund  (Part SS); to amend the environmental conservation
   law, in  relation  to  freshwater  wetlands;  and  to  repeal  certain
   provisions  of  such  law relating thereto (Part TT); to authorize the
   county of Nassau, to permanently and temporarily convey certain  ease-
   ments  and  to  temporarily alienate certain parklands (Subpart A); to
   authorize the village of East Rockaway, county of  Nassau,  to  perma-
   nently  and  temporarily  convey  certain easements and to temporarily
   alienate certain parklands (Subpart B); and to authorize  the  village
   of  Rockville Centre, county of Nassau, to permanently and temporarily
   convey certain easements and to temporarily alienate certain parklands
   (Subpart C) (Part UU); to amend the environmental conservation law, in
   relation to financial security for the plugging and  site  reclamation
   of  regulated wells (Part VV); to amend the environmental conservation
   law, in relation to banning fracking (Part WW); to amend  the  vehicle
   and  traffic  law,  in relation to bicycles with electric assist (Part
   XX); to amend chapter 62 of the laws of 2003, amending the vehicle and
   traffic law and other laws relating to increasing certain motor  vehi-
   cle transaction fees, in relation to the effectiveness thereof; and to
   amend  chapter  84 of the laws of 2002, amending the state finance law
   relating to the costs of the department of motor vehicles, in relation
   to the effectiveness thereof (Part YY); to amend chapter  751  of  the
   laws  of  2005, amending the insurance law and the vehicle and traffic
   law relating to establishing the accident prevention  course  internet
   technology  pilot  program, in relation to extending the effectiveness
   thereof (Part ZZ); to amend the vehicle and traffic law,  in  relation
   to the regulation of the use of electric scooters (Part AAA); to amend
   the  public  authorities  law, in relation to the centers for advanced
   technology program; and to repeal section 410 of the economic develop-
   ment law relating to the centers for excellence program (Part BBB); to
   amend the insurance law, the public authorities law and the  tax  law,
   in  relation  to  authorizing  the power authority of the state of New
   York to form a pure captive insurance company (Part CCC); to amend the
   Hudson river park act, in relation to Pier 76 (Part DDD); to amend the
   New York Buy American Act, in relation to the report  to  be  provided
   and to making such provisions permanent (Part EEE); to amend the labor
   law,  in  relation  to prevailing wage requirements (Part FFF); and to
   amend the labor law, in relation to classification of digital  market-
   place workers; and to establish the New York digital marketplace work-
   er classification task force (Part GGG)
 
   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 2020-2021

 S. 7508                             5                            A. 9508
 
 state  fiscal  year.  Each  component  is wholly contained within a Part
 identified as Parts A through GGG. The effective date for  each  partic-
 ular  provision  contained  within  such  Part  is set forth in the last
 section  of  such  Part. Any provision in any section contained within a
 Part, including 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. Paragraph (e) of subdivision 4 of section 10-c of the high-
 way law, as amended by section 2 of subpart B of part C of chapter 97 of
 the laws of 2011, is amended to read as follows:
   (e) Funds allocated for local street or highway  projects  under  this
 subdivision shall be used to undertake work on a project either with the
 municipality's own forces or by contract, provided however, that whenev-
 er  the  estimate for the construction contract work exceeds one hundred
 thousand dollars but does not exceed [two] SEVEN hundred fifty  thousand
 dollars  such  work must be performed either with the municipality's own
 forces or by contract let by competitive  bid  in  accordance  with  the
 provisions of section one hundred three of the general municipal law and
 provided   further,   however,   that  whenever  the  estimate  for  the
 construction contract work exceeds [two] SEVEN  hundred  fifty  thousand
 dollars  such  work must be performed by contract let by competitive bid
 in accordance with the provisions of section one hundred  three  of  the
 general municipal law.
   §  2.  Subdivision  6  of  section  234  of the transportation law, as
 amended by chapter 369 of the laws  of  1979,  is  amended  to  read  as
 follows:
   6.  for local street or highway projects, to undertake the work of the
 project either with its own forces or by contract, however, whenever the
 estimate for the construction contract work exceeds SEVEN HUNDRED  fifty
 thousand  dollars  such  work  must  be performed by contract let by the
 competitive bid process.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Subdivisions (g) and (h) of section 1800 of the vehicle and
 traffic law, as added by chapter 221 of the laws of 2008, are amended to
 read as follows:
   (g) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section, a person convicted of a traffic infraction for a  violation  of
 any  ordinance, order, rule, regulation or local law adopted pursuant to
 one or more of the following provisions of this chapter: paragraphs  two
 and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a motor vehicle registered as a  commer-
 cial  vehicle  and  having  a  gross  vehicle weight rating of less than
 [twenty-six] TEN thousand pounds shall, for a first conviction  thereof,
 be  punished  by a fine of not more than two hundred fifty dollars or by
 imprisonment of not more than fifteen days or  by  both  such  fine  and
 imprisonment; for a conviction of a second violation, both of which were

 S. 7508                             6                            A. 9508
 
 committed  within  a  period  of  eighteen  months, such person shall be
 punished by a fine of not more than five hundred dollars or by imprison-
 ment for not more than forty-five days or by both such fine  and  impri-
 sonment;  upon  a  conviction of a third or subsequent violation, all of
 which were committed within a period of  eighteen  months,  such  person
 shall be punished by a fine of not more than seven hundred fifty dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment.  Provided,  however,  the  provisions  of this subdivision
 shall not apply to a commercial motor vehicle as such term is defined in
 paragraph (a) of subdivision four of section five hundred one-a of  this
 chapter.
   (h) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (B) AND (C) OF THIS
 SECTION,  A  PERSON CONVICTED OF A TRAFFIC INFRACTION FOR A VIOLATION OF
 ANY ORDINANCE, ORDER, RULE, REGULATION OR LOCAL LAW ADOPTED PURSUANT  TO
 ONE OR MORE OF THE FOLLOWING PROVISIONS OF THIS CHAPTER:  PARAGRAPHS TWO
 AND  NINE  OF  SUBDIVISION  (A)  OF  SECTION SIXTEEN HUNDRED TWENTY-ONE;
 SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED THIRTY; OR SUBDIVISION FIVE
 OF SECTION SEVENTY-ONE OF THE TRANSPORTATION LAW, PROHIBITING THE OPERA-
 TION ON A HIGHWAY OR PARKWAY OF A MOTOR VEHICLE REGISTERED AS A  COMMER-
 CIAL  VEHICLE  AND  HAVING A GROSS VEHICLE WEIGHT RATING OF AT LEAST TEN
 THOUSAND POUNDS BUT NO MORE THAN TWENTY-SIX THOUSAND POUNDS SHALL, FOR A
 FIRST CONVICTION THEREOF, BE PUNISHED BY A FINE OF  NOT  MORE  THAN  ONE
 THOUSAND  DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN FIFTEEN DAYS OR BY
 BOTH SUCH FINE AND IMPRISONMENT; FOR A CONVICTION OF A SECOND VIOLATION,
 BOTH OF WHICH WERE COMMITTED WITHIN A PERIOD OF  EIGHTEEN  MONTHS,  SUCH
 PERSON  SHALL  BE  PUNISHED  BY  A FINE OF NOT MORE THAN FIFTEEN HUNDRED
 DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS OR BY  BOTH
 SUCH  FINE  AND IMPRISONMENT; UPON A CONVICTION OF A THIRD OR SUBSEQUENT
 VIOLATION, ALL OF WHICH WERE  COMMITTED  WITHIN  A  PERIOD  OF  EIGHTEEN
 MONTHS,  SUCH  PERSON  SHALL  BE PUNISHED BY A FINE OF NOT MORE THAN TWO
 THOUSAND FIVE HUNDRED DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN NINETY
 DAYS OR BY BOTH SUCH  FINE  AND  IMPRISONMENT;  PROVIDED,  HOWEVER,  THE
 PROVISIONS  OF  THIS  SUBDIVISION  SHALL NOT APPLY TO A COMMERCIAL MOTOR
 VEHICLE AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR  OF
 SECTION FIVE HUNDRED ONE-A OF THIS CHAPTER.
   (I) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter, for a first conviction thereof, be punished by a  fine  of  not
 more than [three hundred fifty] FIVE THOUSAND dollars or by imprisonment
 of not more than fifteen days or by both such fine and imprisonment; for
 a  conviction of a second violation, both of which were committed within
 a period of eighteen months, such person shall be punished by a fine  of
 not more than seven THOUSAND FIVE hundred dollars or by imprisonment for
 not  more  than  forty-five  days or by both such fine and imprisonment;
 upon a conviction of a third or subsequent violation, all of which  were
 committed  within  a  period  of  eighteen  months, such person shall be
 punished by a fine of not more than [one] TEN  thousand  dollars  or  by
 imprisonment  of  not  more  than  ninety  days or by both such fine and
 imprisonment. IN ADDITION TO THE PENALTIES PROVIDED FOR IN THIS SUBDIVI-

 S. 7508                             7                            A. 9508
 
 SION, THE REGISTRATION OF THE VEHICLE MAY BE SUSPENDED FOR A PERIOD  NOT
 TO  EXCEED ONE YEAR WHETHER AT THE TIME OF THE VIOLATION THE VEHICLE WAS
 IN CHARGE OF THE OWNER OR HIS AGENT.  THE  PROVISIONS  OF  SECTION  FIVE
 HUNDRED  TEN  OF  THIS  CHAPTER SHALL APPLY TO SUCH SUSPENSION EXCEPT AS
 OTHERWISE PROVIDED HEREIN.
   § 2. Subdivision 18 of section 385 of the vehicle and traffic law,  as
 amended by chapter 549 of the laws of 1985, is amended, and a new subdi-
 vision 18-a is added, to read as follows:
   18.  Except  as provided in subdivision EIGHTEEN-A OR nineteen of this
 section, the violation of the provisions of  this  section  including  a
 violation  related  to  the operation, within a city not wholly included
 within one county, of a vehicle which exceeds the  limitations  provided
 for  in  the rules and regulations of the city department of transporta-
 tion of such city, shall be punishable by a fine of not  less  than  two
 hundred  nor  more than five hundred dollars, or by imprisonment for not
 more than thirty days, or by both such fine and  imprisonment,  for  the
 first offense; by a fine of not less than five hundred nor more than one
 thousand dollars, or by imprisonment for not more than sixty days, or by
 both  such  fine and imprisonment, for the second or subsequent offense;
 provided that a sentence or execution thereof for  any  violation  under
 this  subdivision  may  not  be  suspended.  For  any  violation  of the
 provisions of this section, including a violation related to the  opera-
 tion,  within a city not wholly included within one county, of a vehicle
 which exceeds the limitations provided for in the rules and  regulations
 of  the city department of transportation of such city, the registration
 of the vehicle may be suspended for a period  not  to  exceed  one  year
 whether  at  the  time of the violation the vehicle was in charge of the
 owner or his agent. The provisions of section five hundred ten  of  this
 chapter  shall  apply  to  such  suspension except as otherwise provided
 herein.
   18-A. A VIOLATION OF THE PROVISIONS OF SUBDIVISION TWO OR FOURTEEN  OF
 THIS  SECTION, WHERE THE VIOLATION RELATES TO THE HEIGHT OF THE VEHICLE,
 INCLUDING A VIOLATION RELATED TO THE OPERATION, WITHIN A CITY NOT WHOLLY
 INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS  THE  LIMITATIONS
 PROVIDED  FOR  IN  THE  RULES  AND REGULATIONS OF THE CITY DEPARTMENT OF
 TRANSPORTATION OF SUCH CITY, SHALL BE PUNISHABLE BY A FINE OF  NOT  MORE
 THAN  FIVE THOUSAND DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY
 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT, FOR THE FIRST OFFENSE; BY A
 FINE OF NOT MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS, OR BY  IMPRI-
 SONMENT FOR NOT MORE THAN SIXTY DAYS, OR BY BOTH SUCH FINE AND IMPRISON-
 MENT,  FOR THE SECOND OR SUBSEQUENT OFFENSE; PROVIDED THAT A SENTENCE OR
 EXECUTION THEREOF FOR ANY VIOLATION UNDER THIS SUBDIVISION  MAY  NOT  BE
 SUSPENDED.  FOR ANY VIOLATION OF THE PROVISIONS OF THIS SECTION, INCLUD-
 ING  A  VIOLATION  RELATED  TO  THE  OPERATION, WITHIN A CITY NOT WHOLLY
 INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS  THE  LIMITATIONS
 PROVIDED  FOR  IN  THE  RULES  AND REGULATIONS OF THE CITY DEPARTMENT OF
 TRANSPORTATION OF SUCH CITY, THE REGISTRATION  OF  THE  VEHICLE  MAY  BE
 SUSPENDED FOR A PERIOD NOT TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE
 VIOLATION  THE  VEHICLE  WAS  IN  CHARGE  OF THE OWNER OR HIS AGENT. THE
 PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER  SHALL  APPLY  TO
 SUCH SUSPENSION EXCEPT AS OTHERWISE PROVIDED HEREIN.
   § 3. This act shall take effect immediately.
 
                                  PART C

 S. 7508                             8                            A. 9508
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 141-c to read as follows:
   §  141-C.  SAFETY  SERVICE PATROL VEHICLE. A VEHICLE DESIGNATED BY THE
 COMMISSIONER OF TRANSPORTATION TO PROVIDE  HIGHWAY  INCIDENT  MANAGEMENT
 AND  MOTORIST  ASSISTANCE  BY,  AMONG OTHER THINGS, CLEARING HIGHWAYS OF
 DISABLED AND DAMAGED  VEHICLES;  PERMANENTLY  OR  TEMPORARILY  REPAIRING
 DISABLED OR DAMAGED VEHICLES; CLEARING SMALL DEBRIS RESULTING FROM MINOR
 ACCIDENTS  OR  VEHICLE  REPAIR;  AND ASSISTING EMERGENCY RESPONDERS WITH
 TRAFFIC CONTROL AT HIGHWAY INCIDENTS.
   § 2. Subparagraphs a and c of paragraph 4 of subdivision 41 of section
 375 of the vehicle and traffic law, as amended by  chapter  465  of  the
 laws of 2010, are amended to read as follows:
   a.  One  blue  light  may  be  affixed to any motor vehicle owned by a
 volunteer member of a fire department or on a motor vehicle owned  by  a
 member  of  such  person's family residing in the same household or by a
 business enterprise in which such person has a proprietary  interest  or
 by  which he or she is employed, provided such volunteer firefighter has
 been authorized in writing to so affix a blue light by the chief of  the
 fire department or company of which he or she is a member, which author-
 ization  shall  be  subject  to  revocation at any time by the chief who
 issued the same or his or her successor in office. Such blue  light  may
 be displayed exclusively by such volunteer firefighter on such a vehicle
 only  when  engaged in an emergency operation. The use of blue lights on
 vehicles shall be restricted for use only  by  a  volunteer  firefighter
 except  as  otherwise provided for in [subparagraph] SUBPARAGRAPHS b AND
 B-1 of this paragraph.
   c. The commissioner is authorized to promulgate rules and  regulations
 relating  to  the  use, placement, power and display of blue lights on a
 police vehicle [and], fire vehicle AND SAFETY PATROL VEHICLE.
   § 3. Paragraph 4 of subdivision 41 of section 375 of the  vehicle  and
 traffic  law  is  amended  by  adding  a new subparagraph b-1 to read as
 follows:
   B-1. IN ADDITION TO THE AMBER LIGHT AUTHORIZED TO BE DISPLAYED  PURSU-
 ANT  TO  PARAGRAPH THREE OF THIS SUBDIVISION, ONE OR MORE BLUE LIGHTS OR
 COMBINATION BLUE AND AMBER LIGHTS MAY BE AFFIXED  TO  A  SAFETY  SERVICE
 PATROL  VEHICLE  PROVIDED  THAT  SUCH  BLUE  LIGHT  OR  LIGHTS  SHALL BE
 DISPLAYED FOR REAR PROJECTION ONLY. SUCH BLUE LIGHT  OR  LIGHTS  MAY  BE
 DISPLAYED  ON  A SAFETY SERVICE PATROL VEHICLE WHEN SUCH VEHICLE IS ALSO
 DISPLAYING AMBER LIGHT OR LIGHTS PURSUANT TO  PARAGRAPH  THREE  OF  THIS
 SUBDIVISION.  NOTHING  CONTAINED IN THIS SUBPARAGRAPH SHALL BE DEEMED TO
 AUTHORIZE THE USE OF BLUE LIGHTS ON A  SAFETY  SERVICE  PATROL  VEHICLES
 UNLESS  SUCH  SAFETY  SERVICE  PATROL  VEHICLES ALSO DISPLAY ONE OR MORE
 AMBER LIGHTS AS OTHERWISE AUTHORIZED IN THIS SUBDIVISION.
   § 4. Subdivision (b) of section 1144-a of the vehicle and traffic law,
 as amended by chapter 458 of the laws of 2011, is amended to to read  as
 follows:
   (b) Every operator of a motor vehicle shall exercise due care to avoid
 colliding  with a hazard vehicle which is parked, stopped or standing on
 the shoulder or on any portion of such highway and such  hazard  vehicle
 is  displaying  one  or  more amber lights pursuant to the provisions of
 paragraph three of subdivision forty-one of section three hundred seven-
 ty-five of this chapter OR, IF SUCH HAZARD VEHICLE IS A  SAFETY  SERVICE
 PATROL  VEHICLE,  SUCH VEHICLE IS DISPLAYING ONE OR MORE AMBER LIGHTS OR
 ONE OR MORE BLUE OR COMBINATION BLUE AND AMBER LIGHTS  PURSUANT  TO  THE
 PROVISIONS  OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR, AS
 APPLICABLE, OF SUBDIVISION FORTY-ONE OF SECTION THREE  HUNDRED  SEVENTY-

 S. 7508                             9                            A. 9508
 
 FIVE  OF  THIS  CHAPTER.  For operators of motor vehicles on parkways or
 controlled access highways, such due care  shall  include,  but  not  be
 limited to, moving from a lane which contains or is immediately adjacent
 to  the  shoulder  where  (I) such hazard vehicle displaying one or more
 amber lights pursuant to the provisions of paragraph three  of  subdivi-
 sion  forty-one of section three hundred seventy-five of this chapter OR
 (II) SUCH SAFETY SERVICE PATROL VEHICLE DISPLAYING  ONE  OR  MORE  AMBER
 LIGHTS  OR  ONE OR MORE BLUE OR COMBINATION AND AMBER LIGHTS PURSUANT TO
 THE PROVISIONS OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR,
 AS APPLICABLE, OF SUBDIVISION FORTY-ONE OF SECTION THREE HUNDRED  SEVEN-
 TY-FIVE OF THIS CHAPTER, is parked, stopped or standing to another lane,
 provided  that such movement otherwise complies with the requirements of
 this chapter including, but not limited to, the provisions  of  sections
 eleven hundred ten and eleven hundred twenty-eight of this title.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART D
 
   Section  1.  This  act enacts into law components of legislation which
 are necessary to implement legislation relating  to  enacting  the  slow
 down  and look out for highway workers and pedestrians act of 2020. Each
 component is wholly contained within a Subpart identified as Subparts  A
 through  C.  The  effective date for each particular provision contained
 within such Subpart is set forth in the last section  of  such  Subpart.
 Any  provision  in any section contained within a Subpart, including the
 effective date of the Subpart, 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 Subpart
 in which it is found. Section three of this act sets forth  the  general
 effective date of this act.
 
                                 SUBPART A
 
   Section  1.  Subdivisions 3 and 11 of section 120.05 of the penal law,
 subdivision 3 as amended by chapter 267 of the laws of 2016, and  subdi-
 vision  11  as separately amended by chapters 268 and 281 of the laws of
 2016, are amended to read as follows:
   3. With intent to prevent a peace officer, a police officer,  prosecu-
 tor as defined in subdivision thirty-one of section 1.20 of the criminal
 procedure law, registered nurse, licensed practical nurse, public health
 sanitarian,  New York city public health sanitarian, sanitation enforce-
 ment agent, New York city sanitation worker, a firefighter, including  a
 firefighter acting as a paramedic or emergency medical technician admin-
 istering  first  aid  in the course of performance of duty as such fire-
 fighter, an emergency medical service  paramedic  or  emergency  medical
 service  technician, or medical or related personnel in a hospital emer-
 gency department, a city marshal,  a  school  crossing  guard  appointed
 pursuant  to section two hundred eight-a of the general municipal law, a
 traffic enforcement officer, traffic enforcement agent, A HIGHWAY WORKER
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND  TRAFFIC
 LAW, A MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED
 IN  SECTION  ONE  HUNDRED  EIGHTEEN-B OF THE VEHICLE AND TRAFFIC LAW, or
 employee of any entity governed by the public service law in the  course
 of  performing  an  essential service, from performing a lawful duty, by
 means including releasing or failing to control an animal under  circum-

 S. 7508                            10                            A. 9508
 
 stances  evincing the actor's intent that the animal obstruct the lawful
 activity of such peace officer, police officer, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New  York  city  sanitation  worker, firefighter, paramedic, technician,
 city marshal, school crossing guard appointed pursuant  to  section  two
 hundred  eight-a of the general municipal law, traffic enforcement offi-
 cer, traffic enforcement agent, HIGHWAY WORKER AS DEFINED BY SECTION ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR AND MOTOR CARRIER INVESTIGATOR AS DEFINED  IN  SECTION  ONE  HUNDRED
 EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC LAW, or employee of an entity
 governed by the public service law, he or she causes physical injury  to
 such peace officer, police officer, prosecutor as defined in subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  firefighter,  paramedic,  technician  or medical or
 related personnel in a  hospital  emergency  department,  city  marshal,
 school  crossing guard, traffic enforcement officer, traffic enforcement
 agent, HIGHWAY WORKER AS DEFINED BY SECTION EIGHTEEN-A  OF  THE  VEHICLE
 AND  TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER INVESTIGATOR
 AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B OF THE VEHICLE AND  TRAFFIC
 LAW, or employee of an entity governed by the public service law; or
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner or terminal cleaner employed by any transit agency, authority or
 company, public or private, whose operation is authorized  by  New  York
 state  or  any  of  its political subdivisions, a city marshal, a school
 crossing guard appointed pursuant to section two hundred eight-a of  the
 general  municipal  law, a traffic enforcement officer, traffic enforce-
 ment agent, A HIGHWAY WORKER AS DEFINED IN  SECTION  ONE  HUNDRED  EIGH-
 TEEN-A  OF  THE  VEHICLE  AND TRAFFIC LAW, A MOTOR VEHICLE INSPECTOR AND
 MOTOR CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED  EIGHTEEN-B
 OF  THE  VEHICLE  AND  TRAFFIC LAW, prosecutor as defined in subdivision
 thirty-one of section 1.20 of the  criminal  procedure  law,  sanitation
 enforcement  agent, New York city sanitation worker, public health sani-
 tarian, New  York  city  public  health  sanitarian,  registered  nurse,
 licensed  practical nurse, emergency medical service paramedic, or emer-
 gency medical service technician, he or she causes  physical  injury  to
 such  train  operator,  ticket  inspector,  conductor, signalperson, bus
 operator, station agent,  station  cleaner  or  terminal  cleaner,  city
 marshal, school crossing guard appointed pursuant to section two hundred
 eight-a of the general municipal law, traffic enforcement officer, traf-
 fic  enforcement agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE  INSPECTOR  AND
 MOTOR  CARRIER INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-B
 OF THE VEHICLE AND TRAFFIC LAW, prosecutor  as  defined  in  subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  emergency  medical  service paramedic, or emergency
 medical  service  technician,  while  such  employee  is  performing  an
 assigned  duty  on,  or directly related to, the operation of a train or
 bus, including the cleaning of a train or bus station  or  terminal,  or
 such  city  marshal, school crossing guard, traffic enforcement officer,

 S. 7508                            11                            A. 9508
 
 traffic enforcement agent, HIGHWAY WORKER  AS  DEFINED  BY  SECTION  ONE
 HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPEC-
 TOR  AND  MOTOR  CARRIER  INVESTIGATOR AS DEFINED IN SECTION ONE HUNDRED
 EIGHTEEN-B  OF  THE  VEHICLE  AND  TRAFFIC LAW, prosecutor as defined in
 subdivision thirty-one of section 1.20 of the  criminal  procedure  law,
 registered  nurse,  licensed  practical nurse, public health sanitarian,
 New York city public health sanitarian,  sanitation  enforcement  agent,
 New York city sanitation worker, emergency medical service paramedic, or
 emergency medical service technician is performing an assigned duty; or
   §  2.  The penal law is amended by adding a new section 120.19 to read
 as follows:
 § 120.19 MENACING A HIGHWAY WORKER.
   A PERSON IS GUILTY OF MENACING A HIGHWAY WORKER WHEN HE OR SHE  INTEN-
 TIONALLY PLACES OR ATTEMPTS TO PLACE A HIGHWAY WORKER IN REASONABLE FEAR
 OF  DEATH,  IMMINENT  SERIOUS  PHYSICAL  INJURY  OR PHYSICAL INJURY. FOR
 PURPOSES OF THIS SECTION, A HIGHWAY WORKER SHALL HAVE THE  SAME  MEANING
 AS  DEFINED BY SECTION ONE HUNDRED EIGHTEEN-A OF THE VEHICLE AND TRAFFIC
 LAW.
   MENACING A HIGHWAY WORKER IS A CLASS E FELONY.
   § 3. The vehicle and traffic law is amended by adding two new sections
 118-a and 118-b to read as follows:
   § 118-A. HIGHWAY WORKER. ANY PERSON EMPLOYED BY OR ON  BEHALF  OF  THE
 STATE,  A  COUNTY,  CITY,  TOWN  OR VILLAGE, A PUBLIC AUTHORITY, A LOCAL
 AUTHORITY, OR A PUBLIC UTILITY COMPANY, OR THE AGENT  OR  CONTRACTOR  OF
 ANY  SUCH  ENTITY,  WHO  HAS BEEN ASSIGNED TO PERFORM WORK ON A HIGHWAY,
 INCLUDING MAINTENANCE, REPAIR,  FLAGGING,  UTILITY  WORK,  CONSTRUCTION,
 RECONSTRUCTION  OR  OPERATION OF EQUIPMENT ON PUBLIC HIGHWAY INFRASTRUC-
 TURE AND ASSOCIATED RIGHTS-OF-WAY IN HIGHWAY WORK AREAS, AND SHALL  ALSO
 INCLUDE  ANY  FLAGPERSON  AS DEFINED IN SECTION ONE HUNDRED FIFTEEN-B OF
 THIS ARTICLE.
   § 118-B. MOTOR VEHICLE INSPECTOR AND MOTOR CARRIER  INVESTIGATOR.  ANY
 PERSON  EMPLOYED  BY THE NEW YORK STATE DEPARTMENT OF TRANSPORTATION WHO
 HAS BEEN ASSIGNED TO PERFORM INSPECTIONS OF ANY MOTOR VEHICLES OR INVES-
 TIGATION OF ANY CARRIERS REGULATED BY THE COMMISSIONER OF THE DEPARTMENT
 OF TRANSPORTATION.
   § 4. Paragraph b of subdivision 2 of section 510 of  the  vehicle  and
 traffic  law  is amended by adding a new subparagraph (xviii) to read as
 follows:
   (XVIII) FOR A PERIOD OF SIX MONTHS WHERE THE HOLDER  IS  CONVICTED  OF
 THE  CRIME  OF ASSAULT IN THE FIRST, SECOND, OR THIRD DEGREE, MENACING A
 HIGHWAY WORKER, OR MENACING IN THE FIRST, SECOND, OR  THIRD  DEGREE,  AS
 DEFINED  BY  ARTICLE  ONE  HUNDRED  TWENTY  OF THE PENAL LAW, WHERE SUCH
 OFFENSE WAS COMMITTED AGAINST A HIGHWAY WORKER.
   § 5. The vehicle and traffic law is amended by adding  a  new  section
 1221-a to read as follows:
   §  1221-A. INTRUSION INTO AN ACTIVE WORK ZONE. 1. NO DRIVER OF A VEHI-
 CLE SHALL ENTER OR INTRUDE INTO AN ACTIVE WORK ZONE EXCEPT  UPON  DIREC-
 TION  FROM  A  FLAGPERSON,  POLICE  OFFICER, OR OTHER VISIBLY DESIGNATED
 PERSON IN CHARGE OF TRAFFIC CONTROL OR UPON  DIRECTION  FROM  A  TRAFFIC
 CONTROL  DEVICE  REGULATING ENTRY THEREIN. FOR PURPOSES OF THIS SECTION,
 THE TERM "ACTIVE WORK ZONE" SHALL MEAN THE PHYSICAL AREA OF  A  HIGHWAY,
 STREET,  OR  PRIVATE ROAD ON WHICH CONSTRUCTION, MAINTENANCE, OR UTILITY
 WORK IS BEING CONDUCTED, WHICH IS MARKED BY SIGNS,  CHANNELING  DEVICES,
 BARRIERS,  PAVEMENT  MARKINGS,  OR  WORK VEHICLES, AND WHERE WORKERS ARE
 PHYSICALLY PRESENT.

 S. 7508                            12                            A. 9508
 
   2. A VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL  CONSTITUTE  A
 CLASS  B  MISDEMEANOR  PUNISHABLE BY A FINE OF NOT LESS THAN TWO HUNDRED
 FIFTY DOLLARS, NOR MORE THAN FIVE HUNDRED DOLLARS  OR  BY  A  PERIOD  OF
 IMPRISONMENT NOT TO EXCEED THREE MONTHS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   §  6.  The  vehicle and traffic law is amended by adding a new section
 1221-b to read as follows:
   § 1221-B. WORK ZONE SAFETY AND OUTREACH. THE GOVERNOR'S TRAFFIC SAFETY
 COMMITTEE, UPON CONSULTATION WITH THE  COMMISSIONER  OF  TRANSPORTATION,
 THE  SUPERINTENDENT  OF  STATE POLICE, THE COMMISSIONER, THE CHAIRMAN OF
 THE NEW YORK STATE THRUWAY AUTHORITY, LOCAL  LAW  ENFORCEMENT  AGENCIES,
 AND  REPRESENTATIVES  FOR  CONTRACTORS  AND  LABORERS,  SHALL DESIGN AND
 IMPLEMENT A PUBLIC EDUCATION AND OUTREACH PROGRAM TO  INCREASE  MOTORIST
 AWARENESS  OF  THE IMPORTANCE OF HIGHWAY WORK ZONE SAFETY, TO REDUCE THE
 NUMBER OF WORK ZONE INCIDENTS, INCLUDING SPEEDING,  UNAUTHORIZED  INTRU-
 SIONS  INTO WORK ZONES, AND ANY CONDUCT RESULTING IN THREATS OR INJURIES
 TO HIGHWAY WORKERS, AND TO INCREASE AND PROMOTE WORK ZONE SAFETY.
   § 7. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                 SUBPART B
 
   Section 1. Subdivision 1 of section 600 of the vehicle and traffic law
 is amended by adding a new paragraph c to read as follows:
   C. ANY PERSON OPERATING A MOTOR VEHICLE INVOLVED IN  AN  ACCIDENT  NOT
 INVOLVING  PERSONAL INJURY OR DEATH WHO MOVES SUCH VEHICLE TO A LOCATION
 OFF THE ROADWAY BUT AS NEAR AS POSSIBLE TO THE PLACE  WHERE  THE  DAMAGE
 OCCURRED,  SO  AS NOT TO OBSTRUCT THE REGULAR FLOW OF TRAFFIC, SHALL NOT
 BE CONSTRUED TO BE IN VIOLATION OF  THIS  SUBDIVISION  BECAUSE  OF  SUCH
 MOVEMENT.
   §  2.  Subdivision  2  of section 15 of the highway law, as amended by
 chapter 1110 of the laws of 1971, is amended to read as follows:
   2. The commissioner [of transportation],  A  POLICE  OFFICER,  OR  ANY
 PERSON  ACTING AT THE DISCRETION OF THE COMMISSIONER OR A POLICE OFFICER
 shall have the power to cause the immediate removal, from the  right  of
 way  of  any  state  highway,  of  any  vehicle,  CARGO, OR DEBRIS which
 obstructs or interferes with the use of such a highway for public  trav-
 el;  or  which  obstructs  or  interferes  with the construction, recon-
 struction or maintenance of such a highway; or which obstructs or inter-
 feres with the clearing or removal of snow or ice from such  a  highway;
 or which obstructs or interferes with any operation of the department of
 transportation  during  a public emergency.   THE COMMISSIONER, A POLICE
 OFFICER, OR ANY PERSON ACTING AT THE DISCRETION OF THE COMMISSIONER OR A
 POLICE OFFICER, SHALL NOT BE LIABLE FOR  ANY  DAMAGE  TO  SUCH  VEHICLE,
 CARGO,  OR  DEBRIS, UNLESS SUCH REMOVAL WAS CARRIED OUT IN A RECKLESS OR
 GROSSLY NEGLIGENT MANNER. FOR THE PURPOSES OF THIS SUBDIVISION, THE TERM
 "POLICE OFFICER" SHALL HAVE THE SAME MEANING AS DEFINED  BY  SUBDIVISION
 THIRTY-FOUR OF SECTION 1.20 OF THE CRIMINAL PROCEDURE LAW.
   § 3. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section 1. Paragraph 1 of subdivision (b) of section 1146 of the vehi-
 cle  and  traffic law, as amended by chapter 333 of the laws of 2010, is
 amended to read as follows:

 S. 7508                            13                            A. 9508
 
   1. A driver of a motor vehicle who causes physical injury  as  defined
 in article ten of the penal law to a pedestrian or bicyclist while fail-
 ing  to  exercise  due  care  in  violation  of  subdivision (a) of this
 section, shall be guilty of a traffic infraction punishable by a fine of
 not more than [five hundred] ONE THOUSAND dollars or by imprisonment for
 not more than fifteen days or by both such fine and imprisonment.
   § 2. Paragraph 1 of subdivision (c) of section 1146 of the vehicle and
 traffic  law,  as amended by chapter 333 of the laws of 2010, is amended
 to read as follows:
   1. A driver of a motor vehicle who causes serious physical  injury  as
 defined  in  article  ten  of the penal law to a pedestrian or bicyclist
 while failing to exercise due care in violation of  subdivision  (a)  of
 this  section,  shall  be guilty of a traffic infraction punishable by a
 fine of not more than [seven hundred fifty] ONE  THOUSAND  FIVE  HUNDRED
 dollars or by imprisonment for not more than fifteen days or by required
 participation  in a motor vehicle accident prevention course pursuant to
 paragraph (e-1) of subdivision two of section 65.10 of the penal law  or
 by  any combination of such fine, imprisonment or course, and by suspen-
 sion of a license or registration pursuant to subparagraph (xiv) or (xv)
 of paragraph b of subdivision two of section five hundred  ten  of  this
 chapter.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a 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,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment 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.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART E
 
   Section  1.  Subdivision  16 of section 385 of the vehicle and traffic
 law is amended to add fourteen new paragraphs (v), (w), (x),  (y),  (z),
 (aa),  (bb),  (cc),  (dd),  (ee),  (ff),  (gg), (hh) and (ii) to read as
 follows:
   (V) WITHIN A DISTANCE OF APPROXIMATELY ONE  MILE  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  24  TRAVELING  ALONG INTERSTATE ROUTE 90 TO
 INTERCHANGE 2 WASHINGTON AVENUE,  AND  TO  WASHINGTON  AVENUE  TRAVELING
 WESTBOUND TO FULLER ROAD IN A NORTHERLY DIRECTION TO INTERSTATE ROUTE 90
 TRAVELING  TO  INTERCHANGE  24  OF THE NEW YORK STATE THRUWAY, WHERE THE
 COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR  COMBINA-
 TION  OF  VEHICLES  COULD  OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (W) WITHIN A DISTANCE OF APPROXIMATELY .25 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY INTERCHANGE 25A, TRAVELING IN A WESTBOUND DIRECTION ALONG
 INTERSTATE ROUTE 88 TO EXIT 25 TO ROUTE 7, AND TO A LEFT ON BECKER  ROAD
 TRAVELING  IN A SOUTHBOUND DIRECTION ON BECKER ROAD FOR APPROXIMATELY .2

 S. 7508                            14                            A. 9508
 
 MILES TO THE NEW YORK STATE THRUWAY INTERCHANGE 25A  TANDEM  LOT  ACCESS
 ROAD, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHI-
 CLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED
 ROUTE  AND  THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIRE-
 MENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF  VEHICLES
 ON SUCH ROUTE.
   (X)  WITHIN  A  DISTANCE  OF APPROXIMATELY 2.2 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 34A TRAVELING IN A SOUTHBOUND DIRECTION  ALONG
 INTERSTATE ROUTE 481 TO INTERSTATE 481 EXIT 5E KIRKVILLE ROAD EAST ALONG
 STATE  ROUTE  53  KIRKVILLE ROAD IN AN EASTBOUND DIRECTION TO INTERSTATE
 ROUTE 481 TRAVELING NORTHBOUND TO EXIT 6 TO INTERCHANGE 34A OF  THE  NEW
 YORK  STATE THRUWAY, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
 THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE  SAFELY  ALONG
 THE  DESIGNATED  ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (Y) WITHIN A DISTANCE OF APPROXIMATELY .8  MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  35, TRAVELING APPROXIMATELY 200 FEET AROUND
 CARRIER CIRCLE TO TRAVELING NORTHBOUND ON THOMPSON ROAD FOR APPROXIMATE-
 LY 1000 FEET, OR TRAVELING SOUTHBOUND ON THOMPSON ROAD APPROXIMATELY 100
 FEET, TO TRAVELING WESTBOUND ON TARBELL ROAD FOR APPROXIMATELY .5  MILES
 TO  REENTER  AT  THE  DEWITT  SERVICE AREA OF THE NEW YORK STATE THRUWAY
 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR
 COMBINATION  OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
 AND THAT NO APPLICABLE FEDERAL  LAW,  REGULATION  OR  OTHER  REQUIREMENT
 PROHIBITS  THE  OPERATION  OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
 SUCH ROUTE.
   (Z) WITHIN A DISTANCE OF APPROXIMATELY ONE  MILE  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  36  TRAVELING  IN A SOUTHBOUND DIRECTION ON
 INTERSTATE 81 TO INTERSTATE 81 EXIT 25 7TH NORTH STREET,  AND  TRAVELING
 EASTBOUND ON 7TH NORTH STREET TO INTERSTATE 81 TRAVELING IN A NORTHBOUND
 DIRECTION  TO  INTERCHANGE  36  OF THE NEW YORK STATE THRUWAY, WHERE THE
 COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR  COMBINA-
 TION  OF  VEHICLES  COULD  OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (AA) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  39 TRAVELING EASTBOUND ON INTERSTATE 690 TO
 INTERSTATE 690 EXIT 2 JONES ROAD IN  A  NORTHBOUND  DIRECTION  TO  STATE
 ROUTE  690  NORTH TO INTERCHANGE 39 OF THE NEW YORK STATE THRUWAY, WHERE
 THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
 NATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED  ROUTE  AND
 THAT  NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
 ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON  SUCH
 ROUTE.
   (BB)  WITHIN  A  DISTANCE  OF APPROXIMATELY .5 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 45, TRAVELING ON INTERSTATE 490 TO  INTERSTATE
 490  EXIT 29, IN A SOUTHWESTERLY DIRECTION ALONG NEW YORK STATE ROUTE 96
 TO THE POINT WHERE NEW YORK STATE ROUTE 96 INTERSECTS WITH THE  ENTRANCE
 RAMP TO THE NEW YORK STATE THRUWAY INTERCHANGE 45, AND FOR APPROXIMATELY
 .2  MILES  ALONG THIS ENTRANCE RAMP TO THE NEW YORK STATE THRUWAY INTER-
 CHANGE 45, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT  THE
 VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
 NATED  ROUTE  AND  THAT  NO  APPLICABLE FEDERAL LAW, REGULATION OR OTHER

 S. 7508                            15                            A. 9508
 
 REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE  OR  COMBINATION  OF
 VEHICLES ON SUCH ROUTE.
   (CC)  WITHIN  A  DISTANCE  OF APPROXIMATELY .6 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 46, TRAVELING IN A NORTHEASTERLY DIRECTION  ON
 THE  RAMP  FROM  THE NEW YORK STATE THRUWAY INTERCHANGE 46 TO INTERSTATE
 390 NORTH EXIT TO NEW YORK STATE ROUTE 253, LEHIGH STATION ROAD,  FOR  A
 DISTANCE  OF  APPROXIMATELY  .5 MILES ALONG THE RAMP FROM INTERSTATE 390
 NORTH EXIT TO NEW YORK STATE ROUTE  253,  LEHIGH  STATION  ROAD,  FOR  A
 DISTANCE  OF  APPROXIMATELY  .6  MILES IN A WESTERLY DIRECTION ALONG NEW
 YORK STATE ROUTE 253, LEHIGH STATION ROAD, TO THE  INTERSECTION  OF  NEW
 YORK  STATE  ROUTE 253 WITH NEW YORK STATE ROUTE 15, THEN FOR A DISTANCE
 OF APPROXIMATELY .6 MILES IN A SOUTHERLY DIRECTION ALONG NEW YORK  STATE
 ROUTE  15,  TO  THE  NEW  YORK  STATE THRUWAY INTERCHANGE 46 MAINTENANCE
 FACILITY ENTRANCE, WHERE THE COMMISSIONER OF  TRANSPORTATION  DETERMINES
 THAT  THE  VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG
 THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,  REGULATION  OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (DD)  WITHIN  A  DISTANCE  OF APPROXIMATELY .3 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 47, TRAVELING ON INTERSTATE 490 TO  INTERSTATE
 490  EXIT 1, TO A DISTANCE OF APPROXIMATELY .2 MILES ALONG THE RAMP FROM
 INTERSTATE 490 EXIT 1, FOR A DISTANCE OF APPROXIMATELY  .4  MILES  IN  A
 SOUTHWESTERLY DIRECTION TO THE ENTRANCE RAMP OF THE NEW YORK STATE THRU-
 WAY  INTERCHANGE 47, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
 THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE  SAFELY  ALONG
 THE  DESIGNATED  ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (EE) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE 19, TRAVELING IN A WESTBOUND DIRECTION ALONG
 ROUTE 28 TO ROUTE 209, AND TRAVELING IN A SOUTHBOUND DIRECTION ON  ROUTE
 209  FOR  APPROXIMATELY  .1 MILES TO ROUTE 28, AND TRAVELING IN AN EAST-
 BOUND DIRECTION ON ROUTE 28 FOR APPROXIMATELY .8 MILES TO THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  19 WHERE THE COMMISSIONER OF TRANSPORTATION
 DETERMINES THAT THE VEHICLE OR COMBINATION  OF  VEHICLES  COULD  OPERATE
 SAFELY  ALONG  THE  DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,
 REGULATION OR OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH  VEHICLE
 OR COMBINATION OF VEHICLES ON SUCH ROUTE.
   (FF)  WITHIN  A  DISTANCE  OF APPROXIMATELY .5 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 31, TRAVELING ONTO THE RAMP TO GENESEE  STREET
 SOUTH  FOR  APPROXIMATELY 2800 FEET TO GENESEE STREET NORTH FOR APPROXI-
 MATELY 275 FEET TO INTERCHANGE 31 OF THE NEW YORK  STATE  THRUWAY  WHERE
 THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
 NATION  OF  VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (GG) WITHIN A DISTANCE OF APPROXIMATELY .2 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY INTERCHANGE 33 TRAVELING WESTBOUND ON STATE ROUTE 365 FOR
 APPROXIMATELY 900 FEET TO INTERCHANGE 33 OF THE NEW YORK  STATE  THRUWAY
 WHERE  THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
 COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED  ROUTE
 AND  THAT  NO  APPLICABLE  FEDERAL  LAW, REGULATION OR OTHER REQUIREMENT
 PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON
 SUCH ROUTE.

 S. 7508                            16                            A. 9508
 
   (HH)  WITHIN  A  DISTANCE OF APPROXIMATELY .15 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 42 TRAVELING ON STATE ROUTE  14  FOR  APPROXI-
 MATELY 750 FEET FOR TRAVEL TO AND FROM THE THRUWAY TANDEM LOT AND INTER-
 CHANGE  42  WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE
 VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
 NATED  ROUTE  AND  THAT  NO  APPLICABLE FEDERAL LAW, REGULATION OR OTHER
 REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE  OR  COMBINATION  OF
 VEHICLES ON SUCH ROUTE .
   (II)  WITHIN  A  DISTANCE  OF APPROXIMATELY .1 MILES FROM THE NEW YORK
 STATE INTERCHANGE 43 TRAVELING ON STATE ROUTE 21 FOR  APPROXIMATELY  600
 FEET  FOR  TRAVEL  TO AND FROM THE THRUWAY TANDEM LOT AND INTERCHANGE 43
 WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE  OR
 COMBINATION  OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE
 AND THAT NO APPLICABLE FEDERAL  LAW,  REGULATION  OR  OTHER  REQUIREMENT
 PROHIBITS  THE  OPERATION  OF SUCH VEHICLE OR COMBINATION OF VEHICLES ON
 SUCH ROUTE.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section 1. Paragraph a of subdivision 6 of section 2897 of the  public
 authorities law, as added by chapter 766 of the laws of 2005, is amended
 and a new paragraph f is added to read as follows:
   a.  All  disposals  or  contracts for disposal of property of a public
 authority made or authorized by the contracting officer  shall  be  made
 after  publicly  advertising  for bids except as provided in [paragraph]
 PARAGRAPHS c AND F of this subdivision.
   F. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, DISPOSALS
 FOR USE OF THE THRUWAY AUTHORITY'S FIBER OPTIC SYSTEM, OR ANY PART THER-
 EOF, MAY BE MADE  THROUGH  AGREEMENTS  THAT  SHALL  NOT  REQUIRE  PUBLIC
 AUCTION, PROVIDED THAT THE THRUWAY AUTHORITY HAS DETERMINED THE DISPOSAL
 OF SUCH PROPERTY COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS CHAPTER
 AND  SUCH  SHALL NOT REQUIRE THE EXPLANATORY STATEMENTS REQUIRED BY THIS
 SECTION.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
   Section 1. Section 351 of the public authorities  law  is  amended  by
 adding a new subdivision 11 to read as follows:
   11. THE TERM "CROSS-HUDSON BRIDGE SYSTEM" SHALL MEAN COLLECTIVELY: (A)
 THE FRANKLIN DELANO ROOSEVELT MID-HUDSON BRIDGE, CONSTRUCTED PURSUANT TO
 CHAPTER  NINE  HUNDRED  OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
 AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED  ACROSS  THE  HUDSON
 RIVER  NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
 (C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE  BEAR  MOUNTAIN  HUDSON
 RIVER  BRIDGE  COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
 THE  LAWS  OF  NINETEEN  HUNDRED  TWENTY-TWO;  (D)  THE  HAMILTON   FISH
 NEWBURGH-BEACON  BRIDGE,  INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
 ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF  THE  CITY
 OF  NEWBURGH  AND  A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
 THE KINGSTON-RHINECLIFF BRIDGE,  CONSTRUCTED  ACROSS  THE  HUDSON  RIVER
 WITHIN  FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE
 HUDSON BRIDGE, THE  POUGHKEEPSIE-HIGHLAND  RAILROAD  BRIDGE,  WHICH  WAS
 CONSTRUCTED  ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
 VELT MID-HUDSON BRIDGE.

 S. 7508                            17                            A. 9508
 
   § 2. Section 356 of the public authorities law is amended by adding  a
 new subdivision 10 to read as follows:
   10.  THE  CROSS-HUDSON BRIDGE SYSTEM. INCLUDING COLLECTIVELY:  (A) THE
 FRANKLIN DELANO ROOSEVELT MID-HUDSON  BRIDGE,  CONSTRUCTED  PURSUANT  TO
 CHAPTER  NINE  HUNDRED  OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
 AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED  ACROSS  THE  HUDSON
 RIVER  NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
 (C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE  BEAR  MOUNTAIN  HUDSON
 RIVER  BRIDGE  COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
 THE  LAWS  OF  NINETEEN  HUNDRED  TWENTY-TWO;  (D)  THE  HAMILTON   FISH
 NEWBURGH-BEACON  BRIDGE,  INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
 ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF  THE  CITY
 OF  NEWBURGH  AND  A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
 THE KINGSTON-RHINECLIFF BRIDGE,  CONSTRUCTED  ACROSS  THE  HUDSON  RIVER
 WITHIN  FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE
 HUDSON BRIDGE, THE  POUGHKEEPSIE-HIGHLAND  RAILROAD  BRIDGE,  WHICH  WAS
 CONSTRUCTED  ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
 VELT MID-HUDSON BRIDGE.
   § 3. Section 356-a of the public authorities law is amended by  adding
 a new subdivision 6 to read as follows:
   6.  ALL THAT PORTION OF TOURING ROUTE ONE HUNDRED NINETY-NINE CONNECT-
 ING ULSTER AND DUTCHESS COUNTIES WHICH IS IDENTIFIED AND  KNOWN  AS  THE
 KINGSTON-RHINECLIFF  BRIDGE SHALL BE DESIGNATED AND KNOWN AS THE "GEORGE
 CLINTON KINGSTON-RHINECLIFF BRIDGE".
   § 4. Section 349-a of the highway law  is  amended  by  adding  a  new
 subdivision 10 to read as follows:
   10.  THE  CROSS-HUDSON  BRIDGE SYSTEM. INCLUDING COLLECTIVELY: (A) THE
 FRANKLIN DELANO ROOSEVELT MID-HUDSON  BRIDGE,  CONSTRUCTED  PURSUANT  TO
 CHAPTER  NINE  HUNDRED  OF THE LAWS OF NINETEEN HUNDRED TWENTY-THREE, AS
 AMENDED; (B) THE RIP VAN WINKLE BRIDGE, CONSTRUCTED  ACROSS  THE  HUDSON
 RIVER  NORTH OF THE VILLAGE OF CATSKILL AND SOUTH OF THE CITY OF HUDSON;
 (C) THE BEAR MOUNTAIN BRIDGE, CONSTRUCTED BY THE  BEAR  MOUNTAIN  HUDSON
 RIVER  BRIDGE  COMPANY, PURSUANT TO CHAPTER THREE HUNDRED FIFTY-EIGHT OF
 THE  LAWS  OF  NINETEEN  HUNDRED  TWENTY-TWO;  (D)  THE  HAMILTON   FISH
 NEWBURGH-BEACON  BRIDGE,  INCLUDING BOTH SPANS OF THE BRIDGE CONSTRUCTED
 ACROSS THE HUDSON RIVER BETWEEN A LOCATION IN THE VICINITY OF  THE  CITY
 OF  NEWBURGH  AND  A LOCATION IN THE VICINITY OF THE CITY OF BEACON; (E)
 THE KINGSTON-RHINECLIFF BRIDGE;  CONSTRUCTED  ACROSS  THE  HUDSON  RIVER
 WITHIN  FIVE MILES OF THE CITY OF KINGSTON; AND (F) THE WALKWAY OVER THE
 HUDSON BRIDGE, THE  POUGHKEEPSIE-HIGHLAND  RAILROAD  BRIDGE,  WHICH  WAS
 CONSTRUCTED  ACROSS THE HUDSON RIVER NORTH OF THE FRANKLIN DELANO ROOSE-
 VELT MID-HUDSON BRIDGE.
   § 5. Section 373 of the public authorities law is amended by adding  a
 new subdivision 3 to read as follows:
   3.  UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, THE STATE
 OF NEW YORK DOES PLEDGE TO AND AGREE WITH THE HOLDERS OF  ANY  BONDS  OR
 NOTES   OF   THE  AUTHORITY  THAT  THE  STATE  WILL  NOT  AUTHORIZE  THE
 CONSTRUCTION OR MAINTENANCE OF  ANY  ADDITIONAL  HIGHWAY  CROSSINGS  FOR
 VEHICULAR  TRAFFIC  OVER, UNDER OR ACROSS THE WATERS OF THE HUDSON RIVER
 IN ADDITION TO THE BRIDGES AND CROSSINGS CONSTITUTING  THE  CROSS-HUDSON
 BRIDGE  SYSTEM  AUTHORIZED  BY THIS TITLE WHICH WILL BE COMPETITIVE WITH
 THE BRIDGES AND CROSSINGS CONSTITUTING THE CROSS-HUDSON  BRIDGE  SYSTEM,
 NOR  WILL IT LIMIT OR ALTER THE RIGHTS HEREBY VESTED IN THE AUTHORITY TO
 ESTABLISH AND COLLECT SUCH CHARGES AND TOLLS AS  MAY  BE  CONVENIENT  OR
 NECESSARY  TO  PRODUCE SUFFICIENT REVENUE TO MEET THE EXPENSE OF MAINTE-
 NANCE AND OPERATION AND TO FULFILL THE TERMS OF ANY AGREEMENT MADE  WITH

 S. 7508                            18                            A. 9508
 
 THE  HOLDERS  OF THE BONDS OR NOTES, OR IN ANY WAY IMPAIR THE RIGHTS AND
 REMEDIES OF BONDHOLDERS OR  NOTEHOLDERS,  UNTIL  THE  BONDS  AND  NOTES,
 TOGETHER  WITH  INTEREST,  AND ALL COSTS AND EXPENSES IN CONNECTION WITH
 ANY  ACTIONS  OR PROCEEDINGS BY OR ON BEHALF OF THE BONDHOLDERS OR NOTE-
 HOLDERS, ARE FULLY MET AND DISCHARGED. FOR THE PURPOSES OF THIS SUBDIVI-
 SION, ANY SUCH BRIDGE OR CROSSING SHALL  BE  CONSIDERED  AS  COMPETITIVE
 ONLY  IF IT SHALL FORM A CONNECTION FOR VEHICULAR TRAFFIC OVER, UNDER OR
 ACROSS THE HUDSON RIVER SOUTH OF A LINE DRAWN ACROSS  THE  HUDSON  RIVER
 FIFTEEN  MILES NORTH OF THE RIP VAN WINKLE BRIDGE, AND NORTH OF THE BEAR
 MOUNTAIN BRIDGE.
   § 6. The public authorities law is amended by adding a new section 389
 to read as follows:
   § 389. ADDITIONAL POWERS OF THE AUTHORITY  TO  UNDERTAKE  AND  FINANCE
 CERTAIN  PROJECTS  IN CONNECTION WITH THE CROSS-HUDSON BRIDGE SYSTEM AND
 THE NEW YORK STATE BRIDGE AUTHORITY. THE AUTHORITY IS HEREBY  AUTHORIZED
 AS  AN  ADDITIONAL CORPORATE PURPOSE THEREOF, TO ASSUME JURISDICTION FOR
 ITS CORPORATE PURPOSES OF  THE  CROSS-HUDSON  BRIDGE  SYSTEM,  WITH  ALL
 RIGHTS  AND  POWERS  WITH  RESPECT TO SUCH SYSTEM AS ESTABLISHED IN THIS
 TITLE WITH RESPECT TO ANY THRUWAY SECTION OR CONNECTION, INCLUDING,  BUT
 NOT  LIMITED  TO,  THE POWER TO OPERATE AND MAINTAIN SAID SYSTEM, TO FIX
 AND COLLECT SUCH FEES, RENTALS AND CHARGES FOR THE USE THEREOF, TO ISSUE
 ITS BONDS, NOTES AND OTHER OBLIGATIONS  IN  CONFORMITY  WITH  APPLICABLE
 PROVISIONS  OF  THE UNIFORM COMMERCIAL CODE FOR PURPOSES OF THE ACQUISI-
 TION, DESIGN, CONSTRUCTION, RECONSTRUCTION, REPAIR,  REHABILITATION  AND
 IMPROVEMENT  OF  THE  CROSS-HUDSON  BRIDGE  SYSTEM,  TO PROVIDE FUNDS ON
 BEHALF OF THE STATE WITHIN THE MEANING OF THE PROVISIONS OF  SUBDIVISION
 FOUR  OF  FORMER  SECTION  FIVE  HUNDRED  THIRTY-TWO  OF THIS CHAPTER TO
 DEFEASE, REDEEM OR REFUND THE BONDS, NOTES AND OTHER OBLIGATIONS OF  THE
 NEW YORK STATE BRIDGE AUTHORITY AND TO DISCHARGE AND PAY ANY OTHER OBLI-
 GATIONS WHATSOEVER OF THE NEW YORK STATE BRIDGE AUTHORITY.
   §  7.  The  public  authorities law is amended by adding a new section
 355-a to read as follows:
   § 355-A. NEW YORK STATE BRIDGE AUTHORITY. 1. THE NEW YORK STATE BRIDGE
 AUTHORITY CREATED BY FORMER SECTION FIVE HUNDRED  TWENTY-SEVEN  OF  THIS
 CHAPTER  SHALL  BE  ABOLISHED  UPON  THE  DATE UPON WHICH ALL COVENANTS,
 AGREEMENTS AND OBLIGATIONS TO THE HOLDERS OF BONDS, NOTES OR OTHER OBLI-
 GATIONS ISSUED OR INCURRED UNDER ANY BOND RESOLUTION  OF  THE  NEW  YORK
 STATE BRIDGE AUTHORITY HAVE BEEN PAID IN FULL OR OTHERWISE FULLY MET AND
 DISCHARGED.
   2.  UPON  ABOLISHMENT  OF  THE  NEW  YORK  STATE BRIDGE AUTHORITY, ALL
 RIGHTS, FUNCTIONS,  POWERS,  DUTIES,  OBLIGATIONS,  COVENANTS,  PLEDGES,
 UNDERTAKINGS,  PROPERTIES,  DEBTS, AGREEMENTS, ASSETS AND LIABILITIES OF
 THE NEW YORK STATE BRIDGE AUTHORITY SHALL BE  TRANSFERRED  AND  ASSIGNED
 TO, ASSUMED BY AND DEVOLVED UPON THE NEW YORK STATE THRUWAY AUTHORITY.
   3. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ALL RULES,
 REGULATIONS, ACTS, ORDERS, DETERMINATIONS, AND DECISIONS OF SUCH AUTHOR-
 ITY  IN  FORCE  AT  THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION OR
 DEVOLUTION, SHALL CONTINUE IN FORCE AND EFFECT  AS  RULES,  REGULATIONS,
 ACTS, ORDERS, DETERMINATIONS AND DECISIONS OF THE NEW YORK STATE THRUWAY
 AUTHORITY UNTIL DULY MODIFIED OR ABROGATED BY THE NEW YORK STATE THRUWAY
 AUTHORITY.
   4. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, THE CROSS-
 HUDSON  BRIDGE  SYSTEM, AS DEFINED IN SECTION THREE HUNDRED FIFTY-ONE OF
 THIS TITLE SHALL BE ADDED TO, AND INCLUDED IN,  THE  THRUWAY  SYSTEM  AS
 DEFINED IN SUCH SECTION THREE HUNDRED FIFTY-ONE.

 S. 7508                            19                            A. 9508
 
   5. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ALL BOOKS,
 PAPERS,  RECORDS  AND PROPERTY OF SUCH AUTHORITY SHALL BE TRANSFERRED AS
 ASSIGNED TO THE NEW YORK STATE THRUWAY AUTHORITY. ALL  EMPLOYEES  TRANS-
 FERRED  FROM  THE  NEW YORK STATE BRIDGE AUTHORITY TO THE NEW YORK STATE
 THRUWAY  AUTHORITY  SHALL  BE TRANSFERRED WITHOUT FURTHER EXAMINATION OR
 QUALIFICATION AND SUCH EMPLOYEES SHALL  RETAIN  THEIR  RESPECTIVE  CIVIL
 SERVICE  CLASSIFICATIONS,  STATUS  AND COLLECTIVE BARGAINING UNIT DESIG-
 NATIONS AND BE GOVERNED BY APPLICABLE COLLECTIVE BARGAINING AGREEMENTS.
   6. UPON ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, ANY  BUSI-
 NESS  OR  OTHER  MATTERS  UNDERTAKEN  OR COMMENCED BY THE NEW YORK STATE
 BRIDGE AUTHORITY AND PENDING ON THE DATE OF ABOLISHMENT MAY BE CONDUCTED
 AND COMPLETED BY THE NEW YORK STATE THRUWAY AUTHORITY IN THE SAME MANNER
 AND UNDER THE SAME TERMS AND CONDITIONS AND WITH THE SAME EFFECT  AS  IF
 CONDUCTED BY THE NEW YORK STATE BRIDGE AUTHORITY.
   7.  UPON  ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY, WHENEVER
 THE NEW YORK STATE BRIDGE AUTHORITY, OR THE CHAIRMAN  OR  THE  EXECUTIVE
 DIRECTOR OR OTHER OFFICER, MEMBER OR EMPLOYEE THEREOF, IS REFERRED TO OR
 DESIGNATED  IN  ANY  LAW, CONTRACT OR DOCUMENT, SUCH REFERENCE OR DESIG-
 NATION SHALL BE DEEMED TO REFER TO THE NEW YORK STATE THRUWAY AUTHORITY.
   8. NO EXISTING RIGHT  OR  REMEDY  OF  ANY  CHARACTER  SHALL  BE  LOST,
 IMPAIRED OR AFFECTED BY REASON OF THIS SECTION.
   9.  NO  ACTION PENDING AT THE TIME THE NEW YORK STATE BRIDGE AUTHORITY
 IS ABOLISHED, BROUGHT BY OR AGAINST THE NEW YORK STATE BRIDGE AUTHORITY,
 OR THE CHAIRMAN OR EXECUTIVE DIRECTOR THEREOF, SHALL BE AFFECTED BY  ANY
 PROVISION OF THIS SECTION, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
 THE NAME OF THE NEW YORK STATE THRUWAY AUTHORITY OR THE EXECUTIVE DIREC-
 TOR OR CHAIRMAN THEREOF, AND THE PROPER PARTY SHALL, UPON APPLICATION TO
 THE COURT, BE SUBSTITUTED AS A PARTY.
   10.  UPON  ABOLISHMENT OF THE NEW YORK STATE BRIDGE AUTHORITY ACT, THE
 RIGHTS AND REMEDIES OF BONDHOLDERS, OTHER CREDITORS  OR  PERSONS  HAVING
 CLAIMS  OR  CONTRACTS WITH THE NEW YORK STATE BRIDGE AUTHORITY SHALL NOT
 BE LIMITED, IMPAIRED OR OTHERWISE ALTERED BY THE MERGER OF THE NEW  YORK
 STATE BRIDGE AUTHORITY FACILITIES AND OPERATIONS INTO THE NEW YORK STATE
 THRUWAY AUTHORITY.
   § 8. Title 2 of article 3 of the public authorities law is REPEALED.
   § 9. Notwithstanding any provision of this act or any other provisions
 of  law,  general, special or local, the New York state bridge authority
 shall from time to time, after all contract provisions with  respect  to
 any  bonds, notes or other obligations issued or incurred under any bond
 resolution of the New York state bridge authority have been provided for
 and discharged, take any action necessary and proper to assist  the  New
 York state thruway authority in effecting such discharge, including, but
 not  limited  to directing the trustee under its agreement with New York
 state bridge authority bondholders  to  apply  available  and  necessary
 funds  to such discharge and otherwise take such actions consistent with
 such agreement to effectuate such discharge, and transfer and  pay  over
 to  the  New  York  state thruway authority all remaining funds; and may
 accept and use any moneys transferred and paid over to  it  by  the  New
 York state thruway authority to implement such discharge.
   §  10.  Subdivision 1 of section 352 of the public authorities law, as
 amended by chapter 766 of the laws 2005, is amended to read as follows:
   1. A board to be known as "New York state thruway authority" is hereby
 created. Such board shall be a body corporate and politic constituting a
 public corporation. It shall consist of [seven] EIGHT members  appointed
 by  the  governor  by and with the advice and consent of the senate. ONE
 MEMBER SHALL BE, AT THE TIME OF APPOINTMENT, A RESIDENT OF  ONE  OF  THE

 S. 7508                            20                            A. 9508
 
 FOLLOWING  COUNTIES:    ORANGE, ROCKLAND, WESTCHESTER, PUTNAM, DUTCHESS,
 ULSTER, GREENE OR COLUMBIA. The members first appointed shall serve  for
 terms  ending three, six and nine years, respectively from January first
 next  succeeding  their  appointment.  Provided, however, that two board
 members first appointed on or after the effective date of the chapter of
 the laws of two thousand five which amended this subdivision shall serve
 an initial term of two years; provided  further  that  two  other  board
 members first appointed on or after the effective date of the chapter of
 the laws of two thousand five which amended this subdivision shall serve
 an  initial term of three years. Their successors shall be appointed for
 terms of nine years each. A member to be designated as chairman  in  his
 or her appointment as a member shall be chairman of such board until his
 or  her term as member expires. The chairman and the other members shall
 serve without salary or other compensation, but  shall  be  entitled  to
 reimbursement  for  their  actual and necessary expenses incurred in the
 performance of their official duties.
   § 11. Nothing contained in this act shall be deemed to limit or  alter
 in  any  way  the  rights  and  obligations of the New York state bridge
 authority or after the abolishment of the New York state bridge authori-
 ty, the New York state thruway authority, to establish and collect  such
 fees,  rentals  and  other  charges  as  may be necessary or required to
 produce sufficient revenues  to  meet  and  to  fulfill  the  terms  and
 provisions  of the contracts made with the holders and registered owners
 of the bonds, notes or other  obligations  or  in  any  way  impair  the
 constitutional rights of the holders and registered owners of the bonds,
 notes or other obligations.
   §  12.  This  act, being necessary for the prosperity of the state and
 its inhabitants, shall be liberally construed to effect the purposes and
 secure the beneficial intents hereof.
   § 13. If any provision of any section of this act or  the  application
 thereof  to  any  person  or circumstance shall be adjudged invalid by a
 court of  competent  jurisdiction,  such  order  or  judgment  shall  be
 confined  in  its operation to the controversy in which it was rendered,
 and shall not affect or invalidate the remainder of any provision of any
 section of this act or the application thereof to any  other  person  or
 circumstance  and to this end the provisions of each section of this act
 are hereby declared to be severable.
   § 14. This act shall take effect immediately, provided, however,  that
 section  nine  of  this act shall take effect when all covenants, agree-
 ments and obligations to the holders of  bonds,  notes  or  other  obli-
 gations  issued  or  incurred  under any bond resolution of the New York
 state bridge authority are fully  discharged  and  satisfied;  provided,
 that  the  New York state thruway authority shall notify the legislative
 bill drafting commission when all covenants, agreements and  obligations
 to  the  holders  of  bonds,  notes or other obligations of the New York
 state bridge authority are fully discharged and satisfied 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 H
 
   Section 1. Section 1220-b of the vehicle and traffic law is amended by
 adding four new subdivisions 5, 6, 7 and 8 to read as follows:

 S. 7508                            21                            A. 9508
 
   5.  AS  AN  ALTERNATIVE TO THE PENALTIES PROVIDED FOR THE VIOLATION OF
 THE PROVISIONS OF THIS SECTION:
   (A)  ANY  PERSON WHO OPERATES, OR ATTEMPTS TO OPERATE, A MOTOR VEHICLE
 IN VIOLATION OF THE PROVISIONS OF THIS SECTION  SHALL  BE  GUILTY  OF  A
 TRAFFIC  INFRACTION  AND,  FOR THE FIRST VIOLATION, BE REQUIRED TO PAY A
 MANDATORY CIVIL PENALTY OF THREE THOUSAND DOLLARS AND, UPON NOTICE,  THE
 COMMISSIONER  SHALL  SUSPEND  FOR  A  PERIOD OF THIRTY DAYS THE DRIVER'S
 LICENSE OR PRIVILEGE TO OPERATE A MOTOR VEHICLE OF ANY PERSON THAT OPER-
 ATED, OR ATTEMPTED TO OPERATE, A MOTOR  VEHICLE  IN  VIOLATION  OF  THIS
 SECTION;  AND  FOR  THE SECOND VIOLATION, BE REQUIRED TO PAY A MANDATORY
 CIVIL PENALTY OF FIVE THOUSAND DOLLARS AND, UPON NOTICE, THE COMMISSION-
 ER SHALL SUSPEND FOR A PERIOD OF NINETY DAYS SUCH  DRIVER'S  LICENSE  OR
 PRIVILEGE  TO  OPERATE;  AND  FOR  A  THIRD  OR SUBSEQUENT VIOLATION, BE
 REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF TEN THOUSAND  DOLLARS  AND,
 UPON  NOTICE, THE COMMISSIONER SHALL SUSPEND FOR A PERIOD OF ONE HUNDRED
 EIGHTY DAYS SUCH DRIVER'S LICENSE OR PRIVILEGE TO OPERATE.  IN  ADDITION
 TO  THE  FOREGOING,  WHERE SUCH PERSON IS THE OWNER OF THE MOTOR VEHICLE
 OPERATED IN VIOLATION OF THE PROVISIONS OF THIS SECTION, FOR  THE  FIRST
 VIOLATION  THE  COMMISSIONER, UPON NOTICE, SHALL SUSPEND FOR A PERIOD OF
 THIRTY DAYS THE REGISTRATION OF ANY MOTOR VEHICLE SO OPERATED;  AND  FOR
 THE  SECOND  VIOLATION  THE COMMISSIONER, UPON NOTICE, SHALL SUSPEND THE
 REGISTRATION OF ANY MOTOR VEHICLE SO OPERATED FOR  A  PERIOD  OF  NINETY
 DAYS;  AND  FOR  A THIRD OR SUBSEQUENT VIOLATION, THE COMMISSIONER, UPON
 NOTICE, SHALL SUSPEND THE REGISTRATION OF ANY MOTOR VEHICLE SO  OPERATED
 FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS.
   (B)  ANY  PERSON WHO KNOWINGLY SOLICITS OR ATTEMPTS TO SOLICIT ANOTHER
 PERSON FOR THE UNLICENSED PROVISION OF ANY BUSINESS, TRADE OR COMMERCIAL
 TRANSACTION IN VIOLATION OF THIS  SECTION  INVOLVING  THE  RENDERING  TO
 ANOTHER  PERSON  OF GROUND TRANSPORTATION SERVICES FROM AN AIRPORT SHALL
 BE GUILTY OF A TRAFFIC INFRACTION  AND,  FOR  THE  FIRST  VIOLATION,  BE
 REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF THREE THOUSAND DOLLARS; AND
 FOR  THE  SECOND VIOLATION, BE REQUIRED TO PAY A MANDATORY CIVIL PENALTY
 OF FIVE THOUSAND DOLLARS; AND FOR A THIRD OR  SUBSEQUENT  VIOLATION,  BE
 REQUIRED TO PAY A MANDATORY CIVIL PENALTY OF TEN THOUSAND DOLLARS.
   6. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO DENY A REGISTRATION OR
 RENEWAL  APPLICATION  FOR  A MOTOR VEHICLE WHERE A CURRENT OR PREVIOUSLY
 REGISTERED OWNER OF SUCH MOTOR VEHICLE HAS BEEN FOUND  IN  VIOLATION  OF
 THIS  SECTION,  SECTION 19-506 OF THE ADMINISTRATIVE CODE OF THE CITY OF
 NEW YORK, OR OTHER PROVISION ESTABLISHING CIVIL  OR  CRIMINAL  LIABILITY
 FOR  UNLICENSED  GROUND TRANSPORTATION SERVICE, OR UNLICENSED OPERATION,
 AND MAY ALSO DENY A REGISTRATION OR RENEWAL APPLICATION  FOR  ANY  OTHER
 MOTOR  VEHICLE  REGISTERED  IN THE NAME OF SUCH OWNER, WHERE THE COMMIS-
 SIONER DETERMINES THAT THE APPLICANT'S INTENT IN APPLYING FOR  REGISTRA-
 TION  OR  RENEWAL  HAS LIKELY BEEN TO EVADE THE PURPOSES OF THIS SECTION
 AND WHERE THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE  THAT  SUCH
 REGISTRATION  OR  RENEWAL  WILL HAVE THE EFFECT OF TENDING TO DEFEAT THE
 PURPOSES OF THIS SECTION.
   7. (A) A SPECIAL PROCEEDING MAY BE COMMENCED IN SUPREME COURT OR COUN-
 TY COURT BY A PETITIONER, WHOM SHALL BE EITHER THE ATTORNEY GENERAL,  OR
 BY  THE  AGENCY,  AUTHORITY,  BI-STATE AUTHORITY, COUNTY, OR CITY HAVING
 JURISDICTION OVER THE AIRPORT  WHERE  THE  ALLEGED  VIOLATION  OCCURRED,
 ALLEGING THAT A MOTOR VEHICLE OWNER HAS COMMITTED A SECOND OR SUBSEQUENT
 TRAFFIC INFRACTION IN VIOLATION OF THIS SECTION. A PETITIONER ESTABLISH-
 ING  BY  CLEAR  AND  CONVINCING  EVIDENCE THAT A MOTOR VEHICLE OWNER HAS
 COMMITTED A SECOND OR SUBSEQUENT VIOLATION  OF  THIS  SECTION  SHALL  BE
 ENTITLED  TO JUDGMENT OF FORFEITURE OF ALL RIGHT, TITLE OR INTEREST HELD

 S. 7508                            22                            A. 9508
 
 BY THE OWNER IN ANY MOTOR VEHICLE USED IN THE COMMISSION OF  THE  SECOND
 OR SUBSEQUENT VIOLATION.
   (B)  ANY  JUDGMENT  OF  FORFEITURE ISSUED PURSUANT TO THIS SUBDIVISION
 SHALL INCLUDE PROVISIONS FOR THE DISPOSAL OF THE PROPERTY FOUND TO  HAVE
 BEEN  FORFEITED.  SUCH PROVISIONS SHALL INCLUDE, BUT ARE NOT LIMITED TO,
 AN ORDER DIRECTING THAT THE PROPERTY, RIGHT, TITLE, OR INTEREST SHALL BE
 SOLD IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE FIFTY-ONE OF THE CIVIL
 PRACTICE LAW AND RULES, UNLESS GOOD CAUSE IS SHOWN. NET PROCEEDS OF  THE
 SALE SHALL BE PAID TO THE PETITIONER.
   8.  (A)  A  POLICE OFFICER SHALL BE PERMITTED TO SEIZE A MOTOR VEHICLE
 THAT MAY BE SUBJECT TO LEGAL FORFEITURE PURSUANT TO SUBDIVISION SEVEN OF
 THIS SECTION IF THE OFFICER HAS PROBABLE CAUSE TO BELIEVE THE  OWNER  OF
 THE  MOTOR  VEHICLE  IS  OPERATING,  OR ATTEMPTING TO OPERATE, THE MOTOR
 VEHICLE IN VIOLATION OF THIS SECTION AND THE OWNER HAS  PREVIOUSLY  BEEN
 CONVICTED IN ANY COURT OR ADMINISTRATIVE TRIBUNAL OF A VIOLATION OF THIS
 SECTION. A POLICE OFFICER EFFECTUATING A SEIZURE PURSUANT TO THIS SUBDI-
 VISION  MAY DO SO WITHIN TWENTY-FOUR HOURS OF PROVIDING THE OWNER OF THE
 MOTOR VEHICLE WITH A  TRAFFIC  SUMMONS  FOR  THE  SECOND  OR  SUBSEQUENT
 VIOLATION OF THIS SECTION AND A NOTICE OF MOTOR VEHICLE SEIZURE CONTAIN-
 ING  THE  DATE,  TIME,  AND  PLACE OF THE COURT HEARING PURSUANT TO THIS
 SUBDIVISION, AS WELL AS A CONCISE STATEMENT CONCERNING THE NATURE OF THE
 LEGAL FORFEITURE ACTION. WITHIN FIVE BUSINESS DAYS OF  SUCH  SEIZURE,  A
 SUPREME OR COUNTY COURT, UPON THE FILING OF A PETITION FOR LEGAL FORFEI-
 TURE,  SHALL  CONDUCT  A  HEARING  PURSUANT TO SUBDIVISION SEVEN OF THIS
 SECTION AND SHALL PROMPTLY DETERMINE  WHETHER  A  MOTOR  VEHICLE  SEIZED
 PURSUANT  TO THIS SUBDIVISION IS SUBJECT TO LEGAL FORFEITURE AND WHETHER
 IT IS NECESSARY THAT THE MOTOR VEHICLE  REMAIN  IMPOUNDED  IN  ORDER  TO
 ENSURE ITS AVAILABILITY TO EFFECTUATE LEGAL FORFEITURE.
   (B) UPON A DETERMINATION BY A COURT THAT A MOTOR VEHICLE IS SUBJECT TO
 LEGAL  FORFEITURE,  THE  COURT WILL ISSUE AN ORDER THAT PETITIONER SHALL
 RETAIN THE SEIZED MOTOR VEHICLE DURING THE PENDENCY OF THE LEGAL FORFEI-
 TURE ACTION AND PROCEED IN ACCORDANCE WITH ARTICLE  FOUR  OF  THE  CIVIL
 PRACTICE LAW AND RULES TO RESOLVE ANY REMAINING ISSUES PRIOR TO ENTERING
 JUDGMENT.    IF THE SEIZED MOTOR VEHICLE IS NOT SUBJECT TO LEGAL FORFEI-
 TURE, BUT A VIOLATION OF THIS SECTION IS FOUND, THEN THE  MOTOR  VEHICLE
 SHALL  BE  RELEASED  TO  THE OWNER UPON THE PAYMENT OF ALL PENALTIES AND
 SUSPENSION TERMINATION FEES ASSOCIATED WITH SUCH VIOLATION. IF A  CHARGE
 FOR  VIOLATING  THIS  SECTION  IS DISMISSED AND THE MOTOR VEHICLE IS NOT
 OTHERWISE SUBJECT TO  LEGAL  FORFEITURE,  THE  MOTOR  VEHICLE  SHALL  BE
 RELEASED TO THE OWNER WITHIN TWENTY-FOUR HOURS OF SUCH DISMISSAL.
   §  2.  Paragraph  b of subdivision 2 of section 510 of the vehicle and
 traffic law is amended by adding two new subparagraphs (xviii) and (xix)
 to read as follows:
   (XVIII) UNTIL SUCH TIME AS ALL PENALTIES  AND  ALL  SUSPENSION  TERMI-
 NATION  FEES  ARE  PAID, OR WHERE A DEFAULT JUDGMENT IS REOPENED AND ALL
 SUSPENSION FEES ARE PAID, WHERE THE HOLDER RECEIVES A  DEFAULT  JUDGMENT
 FOR  A VIOLATION OF SECTION TWELVE HUNDRED TWENTY-B OF THIS CHAPTER AS A
 RESULT OF A FAILURE TO APPEAR IN RESPONSE TO A  SUMMONS,  OR  APPEARANCE
 TICKET RECEIVED PURSUANT TO SUCH SECTION.
   (XIX)  UNTIL SUCH TIME AS ALL PENALTIES AND ALL SUSPENSION TERMINATION
 FEES ARE PAID WHERE THE HOLDER IS CONVICTED OF A  VIOLATION  OF  SECTION
 TWELVE  HUNDRED  TWENTY-B OF THIS CHAPTER AND TO PAY ANY PENALTY IMPOSED
 PURSUANT TO SUCH SECTION.
   § 3. Notwithstanding the provisions of any other law to the  contrary,
 the port authority of New York and New Jersey (the "port authority") and
 its  police  officers  may  enforce  any  local  law, rule or regulation

 S. 7508                            23                            A. 9508
 
 related to ground transportation service as defined  by  section  twelve
 hundred-twenty-b  of  the  vehicle and traffic law at airports leased by
 the port authority within the city of New  York  ("city")  to  the  same
 extent as the City or any of its subdivisions.
   §  4. The commissioner of motor vehicles shall be authorized to estab-
 lish rules or regulations and take all other actions  deemed  reasonably
 necessary to effectuate this act.
   § 5. This act shall take effect immediately.
 
                                  PART I
 
   Section  1.  Subdivision  12 of section 1269 of the public authorities
 law, as amended by section 4 of part NN of chapter 54  of  the  laws  of
 2016, 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 [nineteen] TWENTY-FOUR shall not exceed [fifty-five] NINETY
 billion  [four]  ONE hundred [ninety-seven] million dollars. Such aggre-
 gate principal 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  obligations or the expenditure thereof applicable to the authori-
 ty, the Triborough bridge and tunnel authority  or  the  New  York  city
 transit authority. The aggregate limitation established by this subdivi-
 sion  shall  not  include  (i)  obligations  issued to refund, redeem or
 otherwise repay, including by purchase or tender,  obligations  thereto-
 fore 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 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 transferring of equipment, and  (viii)  bond  anticipation  notes  or
 other obligations 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
 subsidiary corporations, New York city transit authority, or any of  its
 subsidiary corporations, or Triborough bridge and tunnel authority.
   § 2. This act shall take effect immediately.
 
                                  PART J

 S. 7508                            24                            A. 9508
 
   Section  1.  Subdivisions  1,  2, 3, 4, 5 and 6 of section 1209 of the
 public authorities law are REPEALED.
   §  2.  Paragraph  (a)  of  subdivision 7 of section 1209 of the public
 authorities law, as amended by section 3 of subpart C  of  part  ZZZ  of
 chapter  59  of  the laws of 2019, is amended and a new paragraph (c) is
 added 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 one  million  dollars  and  all  contracts  for
 public  work involving an estimated expenditure in excess of one million
 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,  NOR  TO  CONTRACTS  FOR
 PROJECTS USING THE DESIGN BUILD CONTRACTING  METHOD  WHICH  MAY  IN  THE
 AUTHORITY'S  DISCRETION  BE  SOLICITED AND AWARDED PURSUANT TO A PROCESS
 FOR COMPETITIVE REQUEST FOR PROPOSALS. 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.  IN THE EVENT THAT THE AUTHORITY RECEIVES NO RESPONSIVE BIDS OR
 ONLY A SINGLE BID IN RESPONSE TO AN INVITATION FOR BIDS, IT MAY  NEGOTI-
 ATE  WITH  ANY  FIRM CAPABLE OF PROVIDING THE GOODS OR WORK THAT WAS THE
 SUBJECT OF THE BID. IN THE EVENT THAT, AFTER OPENING BIDS, IT IS  DETER-
 MINED  TO  BE  IN THE BEST INTEREST OF THE AUTHORITY TO MAKE A CHANGE TO
 THE SPECIFICATIONS OR OTHER TERMS OR REQUIREMENTS OF THE BID,  NEW  BIDS
 MAY BE SOLICITED FROM THOSE FIRMS THAT SUBMITTED BIDS WITHOUT ADDITIONAL
 PUBLIC  ADVERTISEMENTS.  IN THE EVENT THAT A LOW BID CONTAINS A NON-CON-
 FORMITY OR IS OTHERWISE NON-COMPLIANT WITH THE SOLICITATION, THE AUTHOR-
 ITY MAY PERMIT SUCH BID TO BE CORRECTED WITHOUT INCREASE TO THE LOW  BID
 PRICE  OR  MAY REJECT SUCH BID. Nothing in this paragraph 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 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.
   (C)  TO  ASSIST THE AUTHORITY IN THE DEVELOPMENT, TESTING AND ADOPTION
 OF NEW AND INNOVATIVE TECHNOLOGY, THE AUTHORITY MAY AWARD CONTRACTS  FOR
 GOODS OR SERVICES NOT TO EXCEED FIVE MILLION DOLLARS TO QUALIFIED EMERG-
 ING  TECHNOLOGY COMPANIES AS DEFINED IN SECTION THIRTY-ONE HUNDRED TWO-E
 OF THIS CHAPTER PURSUANT TO A  PROCESS  ESTABLISHED  BY  THE  BOARD.  IN
 SCREENING  AND  SELECTING EMERGING TECHNOLOGY FIRMS FOR SUCH AWARDS, THE
 AUTHORITY MAY COOPERATE WITH THE NEW YORK CITY PARTNERSHIP FOUNDATION OR
 OTHER SUCH NONPROFIT ORGANIZATIONS.
   § 3. 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

 S. 7508                            25                            A. 9508

 law provided that,] ON  THE  AUTHORITY'S  WEBSITE,  notwithstanding  the
 provisions of article four-C of the economic development law[, an adver-
 tisement  shall only be required when required by this section. Publica-
 tion  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 authority and are to be solicited from a list of poten-
 tial suppliers, if such list is or has been  developed  consistent  with
 the  provisions  of subdivision eleven of this section]. Any such adver-
 tisement 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 qualification requirement or prefer-
 ence; (viii) a statement as to whether the contract requirements may  be
 fulfilled  by a subcontracting, joint venture, or co-production arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and (x) the name, address, and telephone number  of  the  person  to  be
 contacted  for  additional information. At least [fifteen business] FIVE
 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.
   §  4.  Paragraphs  (f) and (g) of subdivision 9 of section 1209 of the
 public authorities law are relettered paragraphs (e) and (f)  and  para-
 graphs  (c),  (d)  and (e), as added by chapter 929 of the laws of 1986,
 are amended to read as follows:
   (c) [the authority receives  no  responsive  bids  or  only  a  single
 responsive bid in response to an invitation for competitive bids;
   (d)]  the  authority  wishes  to  experiment with or test a product or
 technology or new source for such product or technology or evaluate  the
 service or reliability of such product or technology;
   [(e)] (D) the item is available through an existing contract between a
 vendor and (i) ANY DEPARTMENT, OFFICE, AGENCY, OR INSTRUMENTALITY OF THE
 UNITED STATES GOVERNMENT OR DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDI-
 VISION, OR INSTRUMENTALITY OF ANY STATE WITHIN THE UNITED STATES OR (II)
 another  public  authority provided that such other authority utilized a
 process of competitive bidding or a process of competitive requests  for
 proposals  to  award such contract or [(ii)] (III) the state of New York
 or the city of New York, provided that in any case  when  the  authority
 under  this  paragraph determines that obtaining such item thereby would
 be in the public interest and sets forth the reasons for  such  determi-
 nation.  The  authority shall accept sole responsibility for any payment
 due the vendor as a result of the authority's order; or
   § 5. Subdivision 10 of section 1209 of the public authorities law,  as
 added by chapter 929 of the laws of 1986, is amended to read as follows:
   10.  Upon  the  adoption of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which

 S. 7508                            26                            A. 9508
 
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making modifications  there-
 to.    Contracts for particular supplies, materials or equipment identi-
 fied on a qualified products list may be awarded by the authority to the
 lowest responsible bidder after obtaining sealed bids in accordance with
 this  section  or  without competitive sealed bids in instances when the
 item is available from only a single source, except that  the  authority
 may dispense with advertising provided that it mails copies of the invi-
 tation  to  bid  to  all vendors of the particular item on the qualified
 products list.
   § 6. Subdivision 1 of section 1265-a of the public authorities law  is
 REPEALED.
   §  7.  Paragraph  (a) of subdivision 2 of section 1265-a of the public
 authorities law, as amended by section 3-a of subpart C of part  ZZZ  of
 chapter 59 of the laws of 2019, is 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  one  million  dollars and all contracts for
 public work involving an estimated expenditure in excess of one  million
 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 architectural, or  professional  services,
 AND  CONTRACTS  FOR  PROJECTS  USING THE DESIGN BUILD CONTRACTING METHOD
 WHICH MAY, IN THE  AUTHORITY'S  DISCRETION,  BE  SOLICITED  AND  AWARDED
 PURSUANT  TO  A  PROCESS  FOR  COMPETITIVE  REQUEST FOR PROPOSALS.   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.  IN THE EVENT THAT THE AUTHORITY RECEIVES NO
 RESPONSIVE  BIDS  OR  ONLY A SINGLE BID IN RESPONSE TO AN INVITATION FOR
 BIDS, IT MAY NEGOTIATE WITH ANY FIRM CAPABLE OF PROVIDING THE  GOODS  OR
 WORK  THAT  WAS THE SUBJECT OF THE BID. IN THE EVENT THAT, AFTER OPENING
 BIDS, IT IS DETERMINED TO BE IN THE BEST INTEREST OF  THE  AUTHORITY  TO
 MAKE  A  CHANGE  TO THE SPECIFICATIONS OR OTHER TERMS OR REQUIREMENTS OF
 THE BID, NEW BIDS MAY BE SOLICITED FROM THOSE FIRMS THAT SUBMITTED  BIDS
 WITHOUT  ADDITIONAL  PUBLIC  ADVERTISEMENTS. IN THE EVENT THAT A LOW BID
 CONTAINS A NON-CONFORMITY OR IS OTHERWISE NON-COMPLIANT WITH THE  SOLIC-
 ITATION,  THE  AUTHORITY  MAY  PERMIT  SUCH  BID TO BE CORRECTED WITHOUT
 INCREASE TO THE LOW BID PRICE OR MAY REJECT SUCH BID.  Nothing  in  this
 paragraph  shall  obligate  the  authority  to  seek  new bids after the
 rejection of bids or after cancellation of an invitation to bid.   Noth-
 ing  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 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,  mainte-
 nance, operation and salvage or disposal.
   §  8. Subdivision 2 of section 1265-a of the public authorities law is
 amended by adding a new paragraph (d) to read as follows:
   (D) TO ASSIST THE AUTHORITY IN THE DEVELOPMENT, TESTING  AND  ADOPTION
 OF  NEW AND INNOVATIVE TECHNOLOGY, THE AUTHORITY MAY AWARD CONTRACTS FOR
 GOODS OR SERVICES NOT TO EXCEED FIVE MILLION DOLLARS TO QUALIFIED EMERG-
 ING TECHNOLOGY COMPANIES AS DEFINED IN SECTION THIRTY-ONE HUNDRED  TWO-E

 S. 7508                            27                            A. 9508
 
 OF  THIS  CHAPTER  PURSUANT  TO  A  PROCESS ESTABLISHED BY THE BOARD. IN
 SCREENING AND SELECTING EMERGING TECHNOLOGY FIRMS FOR SUCH  AWARDS,  THE
 AUTHORITY MAY COOPERATE WITH THE NEW YORK CITY PARTNERSHIP FOUNDATION OR
 OTHER SUCH NONPROFIT ORGANIZATIONS.
   §  9.  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,]  ON  THE  AUTHORITY'S  WEBSITE notwithstanding the
 provisions of article four-C of the economic development law[, an adver-
 tisement shall only be required for a purchase  contract  for  supplies,
 materials  or  equipment when required by this section. Publication in a
 newspaper of general circulation in the area served or in  the  procure-
 ment  opportunities  newsletter  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 poten-
 tial  suppliers,  if  such list is or has been developed consistent with
 the provisions of subdivision six of this section]. Any such  advertise-
 ment  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 qualification requirement or prefer-
 ence; (viii) a statement as to whether the contract requirements may  be
 fulfilled  by a subcontracting, joint venture, or co-production arrange-
 ment; (ix) any other information deemed useful to potential contractors;
 and (x) the name, address, and telephone number  of  the  person  to  be
 contacted  for  additional information. At least [fifteen business] FIVE
 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.
   § 10. Paragraphs (f) and (g) of subdivision 4 of section 1265-a of the
 public  authorities  law are relettered paragraphs (e) and (f) and para-
 graphs (c), (d) and (e), as added by chapter 929 of the  laws  of  1986,
 are amended to read as follows:
   (c)  [the  authority  receives  no  responsive  bids  or only a single
 responsive bid in response to an invitation for competitive bids;
   (d)] the authority wishes to experiment with  or  test  a  product  or
 technology  or new source for such product or technology or evaluate the
 service or reliability of such product or technology;
   [(e)] (D) the item is available through an existing contract between a
 vendor and (i) ANY DEPARTMENT, OFFICE, AGENCY, OR INSTRUMENTALITY OF THE
 UNITED STATES GOVERNMENT OR DEPARTMENT, AGENCY, OFFICE, POLITICAL SUBDI-
 VISION, OR INSTRUMENTALITY OF ANY STATE WITHIN THE UNITED STATES OR (II)
 another public authority provided that such other authority  utilized  a
 process  of competitive bidding or a process of competitive requests for
 proposals to award such contracts or  [(ii)]  (III)  Nassau  county,  or
 [(iii)]  (IV)  the state of New York or [(iv)] (V) the city of New York,
 provided that in any case when under this paragraph the authority deter-

 S. 7508                            28                            A. 9508
 
 mines that obtaining such item thereby would be in the  public  interest
 and  sets  forth the reasons for such determination. The authority shall
 accept sole responsibility for any payment due the vendor as a result of
 the authority's order; or
   §  11.  Subdivision 5 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:
   5.  Upon  the  adoption  of a resolution by the authority stating, for
 reasons of efficiency, economy, compatibility or  maintenance  reliabil-
 ity,  that there is a need for standardization, the authority may estab-
 lish procedures whereby particular supplies, materials or equipment  are
 identified  on  a qualified products list. Such procedures shall provide
 for products or vendors to be added to or deleted  from  such  list  and
 shall include provisions for public advertisement of the manner in which
 such  lists  are  compiled. The authority shall review such list no less
 than [twice] ONCE a year for the purpose of making  such  modifications.
 Contracts  for particular supplies, materials or equipment identified on
 a qualified products list may be awarded by the authority to the  lowest
 responsible  bidder  after obtaining sealed bids in accordance with this
 section or without competitive sealed bids in instances when the item is
 available from only a single  source,  except  that  the  authority  may
 dispense  with  advertising provided that it mails copies of the invita-
 tion to bid to all vendors of  the  particular  item  on  the  qualified
 products list.
   §  12. Section 15 of part OO of chapter 54 of the laws of 2016, amend-
 ing the public authorities law relating to procurements by the New  York
 City transit authority and the metropolitan transportation authority, is
 amended to read as follows:
   § 15. This act shall take effect immediately[, and shall expire and be
 deemed repealed April 1, 2021].
   §  13. This act shall take effect immediately, provided, however, that
 the amendments to paragraph (a) of subdivision 2 of  section  1265-a  of
 the  public  authorities law made by section seven of this act shall not
 affect the expiration of such paragraph and shall be  deemed  to  expire
 therewith.
 
                                  PART K
 
   Section  1.  Section  3  of part PP of chapter 54 of the laws of 2016,
 amending the general municipal law relating  to  the  New  York  transit
 authority  and  the metropolitan transportation authority, is amended to
 read as follows:
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  subdivision  1  of section 119-r of the general municipal law
 made by section two of this act shall  expire  and  be  deemed  repealed
 [April 1, 2021] DECEMBER 31, 2024, and provided further that such repeal
 shall  not  affect the validity or duration of any contract entered into
 before that date pursuant to paragraph f of such subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
   Section 1. Section 1266 of the public authorities law  is  amended  by
 adding a new subdivision 19 to read as follows:
   19. NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE LONG ISLAND RAIL ROAD
 COMPANY  AND THE METRO-NORTH COMMUTER RAILROAD COMPANY OR THEIR CONTRAC-

 S. 7508                            29                            A. 9508
 
 TORS MAY WITHOUT THE NEED FOR ANY LICENSE, PERMIT, PERMISSION,  APPROVAL
 OR  ORDER  FROM ANY COURT, ADMINISTRATIVE TRIBUNAL OR OTHER GOVERNMENTAL
 AGENCY, BUREAU OR DEPARTMENT ENTER UPON ANY  PRIVATE  PROPERTY  ABUTTING
 THEIR RESPECTIVE RIGHTS OF WAY, FOR THE PURPOSE OF REMOVING, TRIMMING OR
 CUTTING  BACK ANY TREE, SHRUB OR OTHER VEGETATION TO PRESERVE THE SAFETY
 AND EFFICIENCY OF COMMUTER RAIL OPERATIONS, SUBJECT TO THE FOLLOWING:
   (A) EXCEPT IN CASES OF IMMINENT THREAT OF HARM TO PERSONS OR PROPERTY,
 A REQUEST HAS BEEN MADE TO  THE  OWNER  OF  SUCH  PRIVATE  PROPERTY  FOR
 PERMISSION  TO  ENTER UPON SUCH PROPERTY FOR SUCH PURPOSE, WHICH REQUEST
 HAS BEEN DENIED OR HAS BEEN GRANTED SUBJECT TO  UNREASONABLE  TERMS  AND
 CONDITIONS;
   (B)  THE  REMOVAL,  TRIMMING OR CUTTING BACK OF TREES, SHRUBS OR OTHER
 VEGETATION IS LIMITED TO THAT NEEDED TO PRESERVE THE  SAFETY  AND  EFFI-
 CIENCY OF COMMUTER RAIL OPERATIONS BY (I) PREVENTING THE DEPOSIT OF LEAF
 DEBRIS  FROM SUCH TREES, SHRUBS OR OTHER VEGETATION ON RAIL TRACKS SO AS
 TO AVOID SLIP-SLIDE CONDITIONS DURING THE  ANNUAL  LEAF-OFF  SEASON,  OR
 (II)  REMOVING  TREES, SHRUBS OR OTHER VEGETATION, OR BRANCHES, LIMBS OR
 OTHER PARTS OF  SUCH  TREES,  SHRUBS  OR  OTHER  VEGETATION,  WHICH  ARE
 DAMAGED,  DISEASED  OR SITUATED IN SUCH A MANNER SO THAT THEY ARE LIKELY
 TO BREAK OR FALL OFF DURING HIGH WINDS OR  EXTREME  WEATHER  CONDITIONS,
 POSING  A RISK TO COMMUTER RAILROAD FACILITIES, EMPLOYEES OR THE GENERAL
 PUBLIC; AND
   (C) EXCEPT IN THE CASE OF  INVASIVE  SPECIES,  OR  SPECIES  WHICH  ARE
 POISONOUS  OR  NOXIOUS,  OR WHERE AN ENTIRE TREE IS REMOVED, DUE CARE IS
 TAKEN TO AVOID ANY TRIMMING OR CUTTING BACK WHICH WOULD DAMAGE THE  MAIN
 SUPPORT  SYSTEMS  OF  SUCH  TREES,  SHRUBS OR OTHER VEGETATION, WITH THE
 SUBJECT RAILROAD BEING LIABLE TO  THE  PROPERTY  OWNER  FOR  THE  ACTUAL
 DAMAGE  DONE  IF  SUCH TRIMMING OR CUTTING BACK DOES IN FACT DAMAGE SUCH
 MAIN SUPPORT SYSTEMS.
   NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO  ELIMINATE
 OR LIMIT ANY RIGHTS THE LONG ISLAND RAIL ROAD COMPANY OR THE METRO-NORTH
 COMMUTER  RAILROAD  COMPANY MAY OTHERWISE HAVE UNDER LAW WITH RESPECT TO
 THE REMOVAL, TRIMMING OR CUTTING BACK OF TREES, SHRUBS  OR  OTHER  VEGE-
 TATION ON PRIVATE PROPERTY ABUTTING THEIR RIGHTS OF WAY.
   § 2. This act shall take effect immediately.
 
                                  PART M
 
   Section 1. Subdivision 3 of section 165.15 of the penal law is amended
 to read as follows:
   3. With intent to obtain railroad, subway, bus, air, taxi or any other
 public transportation service OR TO USE ANY TOLL HIGHWAY, PARKWAY, ROAD,
 BRIDGE  OR  TUNNEL  OR TO ENTER OR REMAIN IN THE TOLLED CENTRAL BUSINESS
 DISTRICT DESCRIBED IN SECTION SEVENTEEN HUNDRED FOUR OF THE VEHICLE  AND
 TRAFFIC LAW without payment of the lawful charge OR TOLL therefor, or to
 avoid  payment  of  the  lawful  charge  OR TOLL for such transportation
 service which has been rendered to him OR HER OR FOR  SUCH  USE  OF  ANY
 TOLL  HIGHWAY,  PARKWAY,  ROAD, BRIDGE OR TUNNEL OR FOR SUCH ENTERING OR
 REMAINING IN SUCH TOLLED CENTRAL BUSINESS DISTRICT, he OR SHE obtains or
 attempts to obtain such service or TO USE  ANY  TOLL  HIGHWAY,  PARKWAY,
 ROAD,  BRIDGE  OR TUNNEL OR TO ENTER OR REMAIN IN A TOLLED CENTRAL BUSI-
 NESS DISTRICT OR avoids or attempts to avoid payment therefor by  force,
 intimidation, stealth, deception or mechanical tampering, or by unjusti-
 fiable failure or refusal to pay; or

 S. 7508                            30                            A. 9508
 
   §  2. Paragraph (b) of subdivision 1 of section 402 of the vehicle and
 traffic law, as amended by chapter 109 of the laws of 2005,  is  amended
 and a new paragraph (c) is added to read as follows:
   (b)  Number  plates shall be kept clean and in a condition so as to be
 easily readable and shall not be covered by glass or any plastic materi-
 al, and shall not be knowingly covered or coated with any artificial  or
 synthetic  material  or  substance that conceals or obscures such number
 plates or that distorts a recorded or photographic image of such  number
 plates,  and  the  view of such number plates shall not be obstructed by
 any part of the vehicle or by anything carried thereon[,  except  for  a
 receiver-transmitter  issued  by  a  publicly  owned tolling facility in
 connection with electronic toll collection when such  receiver-transmit-
 ter  is affixed to the exterior of a vehicle in accordance with mounting
 instructions provided by the tolling facility].
   (C) IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE, DRIVE  OR  PARK  A
 MOTOR  VEHICLE ON A TOLL HIGHWAY, BRIDGE AND/OR TUNNEL FACILITY OR ENTER
 OR REMAIN IN THE TOLLED CENTRAL BUSINESS DISTRICT DESCRIBED  IN  SECTION
 SEVENTEEN  HUNDRED  FOUR  OF THIS CHAPTER, UNDER THE JURISDICTION OF THE
 TOLLING AUTHORITY, IF SUCH NUMBER PLATE  IS  NOT  EASILY  READABLE,  NOR
 SHALL  ANY NUMBER PLATE BE COVERED BY GLASS OR ANY PLASTIC MATERIAL, AND
 SHALL NOT BE KNOWINGLY COVERED OR COATED WITH ANY ARTIFICIAL OR SYNTHET-
 IC MATERIAL OR SUBSTANCE THAT CONCEALS OR OBSCURES SUCH  NUMBER  PLATES,
 OR THAT DISTORTS A RECORDED OR PHOTOGRAPHIC IMAGE OF SUCH NUMBER PLATES,
 AND  THE  VIEW OF SUCH NUMBER PLATES SHALL NOT BE OBSTRUCTED BY ANY PART
 OF THE VEHICLE OR BY ANYTHING CARRIED THEREON, EXCEPT  FOR  A  RECEIVER-
 TRANSMITTER  ISSUED  BY A PUBLICLY OWNED TOLLING AUTHORITY IN CONNECTION
 WITH  ELECTRONIC  TOLL  COLLECTION  WHEN  SUCH  RECEIVER-TRANSMITTER  IS
 AFFIXED  TO  THE  EXTERIOR  OF  A  VEHICLE  IN  ACCORDANCE WITH MOUNTING
 INSTRUCTIONS PROVIDED BY THE TOLLING AUTHORITY.   FOR PURPOSES  OF  THIS
 PARAGRAPH,  "TOLLING  AUTHORITY" SHALL MEAN EVERY PUBLIC AUTHORITY WHICH
 OPERATES A TOLL HIGHWAY, BRIDGE AND/OR  TUNNEL  OR  A  CENTRAL  BUSINESS
 DISTRICT  TOLLING  PROGRAM AS WELL AS THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY, A BI-STATE AGENCY CREATED BY COMPACT SET  FORTH  IN  CHAPTER
 ONE  HUNDRED  FIFTY-FOUR  OF THE LAWS OF NINETEEN HUNDRED TWENTY-ONE, AS
 AMENDED.
   § 3. Subdivision 8 of section 402 of the vehicle and traffic  law,  as
 amended  by  chapter 61 of the laws of 1989 and as renumbered by chapter
 648 of the laws of 2006, is amended to read as follows:
   8. The violation of this section shall be punishable by a fine of  not
 less  than  twenty-five  nor  more  than  two hundred dollars EXCEPT FOR
 VIOLATIONS OF PARAGRAPH (C) OF SUBDIVISION ONE  OF  THIS  SECTION  WHICH
 SHALL BE PUNISHABLE BY A FINE OF NOT LESS THAN ONE HUNDRED NOR MORE THAN
 FIVE HUNDRED DOLLARS.
   §  4.   This act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART N
 
   Section 1. Subdivision 11 of section 120.05 of the penal law, as sepa-
 rately amended by chapters 268 and 281 of the laws of 2016,  is  amended
 to read as follows:
   11.  With  intent to cause physical injury to a train operator, ticket
 inspector, conductor, signalperson, bus operator, station agent, station
 cleaner [or], terminal cleaner, STATION CUSTOMER ASSISTANT; PERSON WHOSE
 OFFICIAL DUTIES INCLUDE THE  SALE  OR  COLLECTION  OF  TICKETS,  PASSES,
 VOUCHERS,  OR  OTHER  FARE  PAYMENT  MEDIA FOR USE ON A  TRAIN OR BUS; A

 S. 7508                            31                            A. 9508

 PERSON  WHOSE  OFFICIAL  DUTIES   INCLUDE   THE   MAINTENANCE,   REPAIR,
 INSPECTION,  TROUBLESHOOTING,  TESTING  OR  CLEANING OF A TRANSIT SIGNAL
 SYSTEM, ELEVATED OR UNDERGROUND SUBWAY TRACKS,  TRANSIT  STATION  STRUC-
 TURE,  TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR A TRAIN OR BUS
 STATION OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL, employed by  any
 transit agency, authority or company, public or private, whose operation
 is  authorized by New York state or any of its political subdivisions, a
 city marshal, a school crossing guard appointed pursuant to section  two
 hundred  eight-a  of  the  general  municipal law, a traffic enforcement
 officer, traffic enforcement agent, prosecutor as defined in subdivision
 thirty-one of section 1.20 of the  criminal  procedure  law,  sanitation
 enforcement  agent, New York city sanitation worker, public health sani-
 tarian, New  York  city  public  health  sanitarian,  registered  nurse,
 licensed  practical nurse, emergency medical service paramedic, or emer-
 gency medical service technician, he or she causes  physical  injury  to
 such  train  operator,  ticket  inspector,  conductor, signalperson, bus
 operator, station agent, station cleaner [or], terminal cleaner, STATION
 CUSTOMER ASSISTANT; PERSON WHOSE OFFICIAL DUTIES  INCLUDE  THE  SALE  OR
 COLLECTION  OF TICKETS, PASSES, VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR
 USE ON A  TRAIN OR BUS; A PERSON WHOSE OFFICIAL DUTIES INCLUDE THE MAIN-
 TENANCE, REPAIR, INSPECTION, TROUBLESHOOTING, TESTING OR CLEANING  OF  A
 TRANSIT  SIGNAL  SYSTEM,  ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT
 STATION STRUCTURE, TRAIN YARD, REVENUE TRAIN IN PASSENGER SERVICE, OR  A
 TRAIN  OR  BUS  STATION  OR TERMINAL; OR A SUPERVISOR OF SUCH PERSONNEL,
 city marshal, school crossing guard appointed pursuant  to  section  two
 hundred  eight-a of the general municipal law, traffic enforcement offi-
 cer, traffic enforcement agent, prosecutor  as  defined  in  subdivision
 thirty-one  of  section  1.20  of the criminal procedure law, registered
 nurse, licensed practical nurse, public health sanitarian, New York city
 public health sanitarian, sanitation enforcement agent,  New  York  city
 sanitation  worker,  emergency  medical  service paramedic, or emergency
 medical  service  technician,  while  such  employee  is  performing  an
 assigned  duty  on,  or directly related to, the operation of a train or
 bus, [including the] cleaning of a train or bus station or  terminal  OR
 MAINTENANCE  OF  A  TRAIN  OR  BUS  STATION  OR TERMINAL, SIGNAL SYSTEM,
 ELEVATED OR UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE,  TRAIN
 YARD OR REVENUE TRAIN IN PASSENGER SERVICE, or such city marshal, school
 crossing  guard, traffic enforcement officer, traffic enforcement agent,
 prosecutor as defined in subdivision thirty-one of section 1.20  of  the
 criminal  procedure  law,  registered  nurse,  licensed practical nurse,
 public health sanitarian, New York city public health sanitarian,  sani-
 tation  enforcement  agent,  New  York city sanitation worker, emergency
 medical service paramedic, or emergency medical  service  technician  is
 performing an assigned duty; or
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
                                  PART O
 
   Section 1. Section 240.30 of the penal law is amended by adding a  new
 subdivision 3-a to read as follows:
   3-A.  HE  OR SHE STRIKES, SHOVES, KICKS, OR OTHERWISE SUBJECTS ANOTHER
 PERSON TO PHYSICAL  CONTACT,  WHICH  INCLUDES  SPITTING  ON  SUCH  OTHER
 PERSON,  AND  SUCH  OTHER  PERSON  IS  AN ON-DUTY TRAIN OPERATOR; TICKET
 INSPECTOR; CONDUCTOR; SIGNALPERSON; BUS OPERATOR; STATION AGENT; STATION
 CLEANER; TERMINAL CLEANER;  STATION  CUSTOMER  ASSISTANT;  PERSON  WHOSE

 S. 7508                            32                            A. 9508
 
 OFFICIAL  DUTIES  INCLUDE  THE  SALE  OR  COLLECTION OF TICKETS, PASSES,
 VOUCHERS OR OTHER FARE PAYMENT MEDIA FOR USE ON A TRAIN OR  BUS;  PERSON
 WHOSE OFFICIAL DUTIES INCLUDE THE MAINTENANCE, REPAIR, INSPECTION, TROU-
 BLESHOOTING, TESTING OR CLEANING OF A TRANSIT SIGNAL SYSTEM, ELEVATED OR
 UNDERGROUND SUBWAY TRACKS, TRANSIT STATION STRUCTURE, TRAIN YARD, REVEN-
 UE TRAIN IN PASSENGER SERVICE, OR TRAIN OR BUS STATION OR TERMINAL; OR A
 SUPERVISOR  OF SUCH PERSONNEL, EMPLOYED BY ANY TRANSIT AGENCY, AUTHORITY
 OR COMPANY, PUBLIC OR PRIVATE, WHOSE OPERATION IS AUTHORIZED BY NEW YORK
 STATE OR ANY OF ITS POLITICAL SUBDIVISIONS.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
                                  PART P
 
   Section  1. The penal law is amended by adding a new title Y-3 to read
 as follows:
                                 TITLE Y-3
                              TRANSIT CRIMES
 
                                ARTICLE 498
                              TRANSIT CRIMES
 SECTION 498.05 ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
         498.10 TRANSIT TRESPASS.
 § 498.05 ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
   1. WHEN ANY CRIMINAL ACTION IS PENDING  AGAINST  A  DEFENDANT  CHARGED
 WITH  A  CRIME  INVOLVING  UNLAWFUL SEXUAL CONDUCT COMMITTED AGAINST ANY
 METROPOLITAN TRANSPORTATION AUTHORITY PASSENGER, CUSTOMER,  OR  EMPLOYEE
 OR  AN ASSAULT-RELATED CRIME OR OFFENSE AGAINST A METROPOLITAN TRANSPOR-
 TATION AUTHORITY EMPLOYEE COMMITTED IN OR ON ANY OF THE SUBWAYS, TRAINS,
 BUSES, OR OTHER CONVEYANCES OR FACILITIES OF THE METROPOLITAN  TRANSPOR-
 TATION  AUTHORITY  OR  ITS  SUBSIDIARIES OR OF THE NEW YORK CITY TRANSIT
 AUTHORITY OR ITS SUBSIDIARIES, THE  COURT,  IN  ADDITION  TO  THE  OTHER
 POWERS  CONFERRED  UPON IT BY THIS CHAPTER, MAY AS A CONDITION OF A PRE-
 TRIAL RELEASE, OR AS A CONDITION OF RELEASE ON BAIL OR AN ADJOURNMENT IN
 CONTEMPLATION OF DISMISSAL, ISSUE A TEMPORARY  ORDER  OF  PROTECTION  OF
 PUBLIC  TRANSIT  RIDERS  TO  ENSURE THE PUBLIC SAFETY. SUCH AN ORDER MAY
 REQUIRE THAT THE DEFENDANT REFRAIN FROM ENTERING, REMAINING IN OR  USING
 THE FACILITIES OR CONVEYANCES OF THE METROPOLITAN TRANSPORTATION AUTHOR-
 ITY  OR ITS SUBSIDIARIES AND THE NEW YORK CITY TRANSIT AUTHORITY AND ITS
 SUBSIDIARIES. A TEMPORARY ORDER OF PROTECTION OF PUBLIC  TRANSIT  RIDERS
 SHALL  REMAIN  IN  EFFECT UNTIL THE FINAL DISPOSITION OF THE CASE UNLESS
 REVOKED BY THE COURT.
   2. UPON SENTENCING ON A CONVICTION  FOR  A  CRIME  INVOLVING  UNLAWFUL
 SEXUAL CONDUCT COMMITTED AGAINST ANY METROPOLITAN TRANSPORTATION AUTHOR-
 ITY  PASSENGER,  CUSTOMER,  OR  EMPLOYEE  OR AN ASSAULT-RELATED CRIME OR
 OFFENSE AGAINST A METROPOLITAN TRANSPORTATION AUTHORITY EMPLOYEE COMMIT-
 TED IN OR ON ANY FACILITY OR CONVEYANCE OF THE METROPOLITAN  TRANSPORTA-
 TION  AUTHORITY  OR  ITS  SUBSIDIARIES  OR  OF THE NEW YORK CITY TRANSIT
 AUTHORITY OR ITS SUBSIDIARIES, THE COURT MAY, IN ADDITION TO  ANY  OTHER
 DISPOSITION,  ENTER AN ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS. THE
 DURATION OF SUCH AN ORDER SHALL BE THREE YEARS.
   3. IN ANY PROCEEDING IN WHICH AN ORDER OF PROTECTION OF PUBLIC TRANSIT
 RIDERS OR TEMPORARY ORDER OF PROTECTION OF  PUBLIC  TRANSIT  RIDERS  HAS
 BEEN  ISSUED  UNDER  THIS SECTION, THE CLERK OF THE COURT SHALL ISSUE TO
 THE DEFENDANT AND DEFENSE COUNSEL AND  THE  METROPOLITAN  TRANSPORTATION

 S. 7508                            33                            A. 9508
 
 AUTHORITY, A COPY OF THE ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS OR
 TEMPORARY ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS.
 § 498.10 TRANSIT TRESPASS.
   A PERSON IS GUILTY OF TRANSIT TRESPASS WHEN, BEING A PERSON SUBJECT TO
 A  PROHIBITION ORDER ISSUED BY THE METROPOLITAN TRANSPORTATION AUTHORITY
 PURSUANT TO SECTION TWELVE HUNDRED SIXTY-FOUR-B OF THE  PUBLIC  AUTHORI-
 TIES LAW OR AN ORDER OF PROTECTION OF PUBLIC TRANSIT RIDERS OR TEMPORARY
 ORDER  OF  PROTECTION  OF PUBLIC TRANSIT RIDERS ISSUED BY A COURT, HE OR
 SHE KNOWINGLY ENTERS OR REMAINS IN OR USES ANY FACILITY OR CONVEYANCE OF
 THE METROPOLITAN TRANSPORTATION AUTHORITY OR ITS SUBSIDIARIES OR OF  THE
 NEW YORK CITY TRANSIT AUTHORITY OR ITS SUBSIDIARIES.
   TRANSIT TRESPASS IS A CLASS A MISDEMEANOR.
   §  2.  The  public  authorities law is amended by adding a new section
 1264-b to read as follows:
   § 1264-B. PROHIBITION ORDERS. 1. THE AUTHORITY MAY ISSUE A PROHIBITION
 ORDER TO ANY PERSON IF IT DETERMINES THAT:
   (A) THE PERSON: (I) HAS BEEN ISSUED A SUMMONS, AN  APPEARANCE  TICKET,
 OR  A NOTICE OF VIOLATION FOR COMMITTING A VIOLATION OF ANY OF THE RULES
 AND REGULATIONS GOVERNING THE CONDUCT AND SAFETY OF  THE  PUBLIC  ESTAB-
 LISHED  BY  THE NEW YORK CITY TRANSIT AUTHORITY, THE MANHATTAN AND BRONX
 SURFACE TRANSIT OPERATING AUTHORITY, THE  STATEN  ISLAND  RAPID  TRANSIT
 OPERATING  AUTHORITY, MTA BUS COMPANY, THE METRO-NORTH COMMUTER RAILROAD
 COMPANY, OR THE LONG ISLAND RAIL ROAD COMPANY; AND  (II)  THE  VIOLATION
 WAS  RELATED  TO  A  SEXUAL  OFFENSE  COMMITTED AGAINST ANY METROPOLITAN
 TRANSPORTATION  AUTHORITY  PASSENGER,  CUSTOMER,  OR  EMPLOYEE   OR   AN
 ASSAULT-RELATED  CRIME  OR OFFENSE AGAINST A METROPOLITAN TRANSPORTATION
 AUTHORITY EMPLOYEE; AND (III) THE PERSON WAS PREVIOUSLY  ISSUED  TWO  OR
 MORE  SUMMONSES, APPEARANCE TICKETS, OR NOTICES OF VIOLATION FOR COMMIT-
 TING A VIOLATION OF ANY OF  THE  RULES  AND  REGULATIONS  GOVERNING  THE
 CONDUCT AND SAFETY OF THE PUBLIC ESTABLISHED BY THE NEW YORK CITY TRANS-
 IT AUTHORITY, THE MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORI-
 TY,  THE  STATEN  ISLAND  RAPID TRANSIT OPERATING AUTHORITY, THE MTA BUS
 COMPANY, THE METRO-NORTH COMMUTER RAILROAD COMPANY, OR THE  LONG  ISLAND
 RAIL  ROAD COMPANY FOR A VIOLATION RELATED TO A SEXUAL OFFENSE COMMITTED
 AGAINST ANY METROPOLITAN TRANSPORTATION AUTHORITY  PASSENGER,  CUSTOMER,
 OR  EMPLOYEE  OR AN ASSAULT-RELATED CRIME OR OFFENSE AGAINST A METROPOL-
 ITAN TRANSPORTATION AUTHORITY EMPLOYEE; OR
   (B) THE PERSON HAS BEEN DESIGNATED A LEVEL THREE SEX OFFENDER PURSUANT
 TO THE PROCEDURES SET FORTH IN ARTICLE SIX-C OF THE CORRECTION LAW.
   2. A PERSON SUBJECT TO A PROHIBITION ORDER MAY NOT USE OR ENTER ANY OF
 THE AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANCES OR  FACILI-
 TIES AS SPECIFIED IN THE ORDER FOR A PERIOD OF THREE YEARS FOLLOWING THE
 ISSUANCE OF THE PROHIBITION ORDER.
   3.  NO PROHIBITION ORDER SHALL BE EFFECTIVE UNLESS THE AUTHORITY FIRST
 AFFORDS THE PERSON NOTICE AND AN OPPORTUNITY TO CONTEST THE  AUTHORITY'S
 PROPOSED  ACTION  IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE AUTHORITY
 FOR THIS PURPOSE. THE AUTHORITY'S PROCEDURES SHALL PROVIDE, AT  A  MINI-
 MUM, FOR THE NOTICE AND OTHER PROTECTIONS SET FORTH IN THIS SECTION, AND
 THE AUTHORITY SHALL PROVIDE REASONABLE NOTIFICATION TO THE PUBLIC OF THE
 AVAILABILITY OF SUCH PROCEDURES.
   4.  (A)  A  NOTICE  OF  A PROPOSED PROHIBITION ORDER SHALL SET FORTH A
 DESCRIPTION OF THE LISTED CRIMES OR CONDUCT GIVING RISE TO THE  PROHIBI-
 TION ORDER, INCLUDING REFERENCE TO THE APPLICABLE STATUTORY PROVISION OR
 ORDINANCE VIOLATED, THE DATES OF THE LISTED CONDUCT, THE LOCATIONS WHERE
 SUCH  CONDUCT WAS COMMITTED AND THE SCOPE OF THE PROHIBITION. THE NOTICE
 SHALL INCLUDE A CLEAR AND CONSPICUOUS STATEMENT INDICATING THE PROCEDURE

 S. 7508                            34                            A. 9508

 FOR CONTESTING THE PROPOSED  PROHIBITION  ORDER.  THE  NOTICE  SHALL  BE
 SERVED  UPON  THE  PERSON WHO IS THE SUBJECT OF THE PROPOSED PROHIBITION
 ORDER IN THE MANNER SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION.  THE
 NOTICE  OF  PROHIBITION  ORDER, OR A COPY THEREOF, SHALL BE CONSIDERED A
 RECORD KEPT IN THE ORDINARY COURSE OF  BUSINESS  OF  THE  AUTHORITY  AND
 SHALL  BE  PRIMA  FACIE  EVIDENCE  OF  THE FACTS CONTAINED IN THE NOTICE
 ESTABLISHING A REBUTTABLE PRESUMPTION AFFECTING THE BURDEN OF  PRODUCING
 EVIDENCE.  FOR PURPOSES OF THIS PARAGRAPH, "CLEAR AND CONSPICUOUS" MEANS
 IN LARGER TYPE THAN THE SURROUNDING TEXT, OR IN CONTRASTING TYPE,  FONT,
 OR  COLOR  TO  THE SURROUNDING TEXT OF THE SAME SIZE OR SET OFF FROM THE
 SURROUNDING TEXT OF THE SAME SIZE BY SYMBOLS OR OTHER  MARKS  THAT  CALL
 ATTENTION TO THE LANGUAGE.
   (B) A PROPOSED PROHIBITION ORDER MAY BE SERVED BY:
   (1) IN-PERSON DELIVERY; OR
   (2)  DELIVERY BY ANY FORM OF MAIL PROVIDING FOR DELIVERY CONFIRMATION,
 POSTAGE PREPAID, TO THE MOST RECENT ADDRESS PROVIDED BY THE PERSON BEING
 SERVED IN GOVERNMENT RECORDS, INCLUDING, BUT NOT LIMITED TO, THE ADDRESS
 SET FORTH IN A CITATION OR COURT RECORDS; OR
   (3) ANY ALTERNATE METHOD APPROVED IN WRITING BY THE AUTHORITY AND  THE
 PERSON BEING SERVED.
   (C)  FOR  PURPOSES  OF  THIS SECTION, DELIVERY SHALL BE DEEMED TO HAVE
 BEEN MADE ON THE FOLLOWING DATE, AS APPLICABLE:
   (1) ON THE DATE OF DELIVERY, IF DELIVERED IN PERSON; OR
   (2) ON THE DATE OF CONFIRMED DELIVERY, IF DELIVERED BY MAIL.
   (D) PROOF OF SERVICE OF THE NOTICE SHALL BE FILED WITH THE AUTHORITY.
   (E) IF A PERSON CONTESTS A NOTICE OF PROHIBITION ORDER, THE  AUTHORITY
 SHALL PROCEED IN ACCORDANCE WITH SUBDIVISION SIX OF THIS SECTION. IF THE
 NOTICE  OF  PROHIBITION  ORDER IS NOT CONTESTED WITHIN TEN CALENDAR DAYS
 FOLLOWING SERVICE OF THE NOTICE, THE PROHIBITION ORDER SHALL  BE  DEEMED
 FINAL  AND  SHALL  BE EFFECTIVE, WITHOUT FURTHER ACTION BY THE AUTHORITY
 FOR THREE YEARS.
   (F) PROHIBITION ORDERS SHALL BE SUBJECT TO AN AUTOMATIC STAY AND SHALL
 NOT TAKE EFFECT UNTIL THE LATEST OF THE FOLLOWING:
   (1) ELEVEN CALENDAR DAYS  FOLLOWING  SERVICE  OF  THE  NOTICE  OF  THE
 PROPOSED PROHIBITION ORDER IF THE ORDER IS NOT CONTESTED;
   (2)  ELEVEN  CALENDAR  DAYS  FOLLOWING  SERVICE  OF THE RESULTS OF THE
 REVIEW IF AN INITIAL REVIEW IS TIMELY REQUESTED AND THE PROPOSED  PROHI-
 BITION ORDER IS UPHELD ON REVIEW; OR
   (3) THE DATE THE HEARING OFFICER'S DECISION IS SERVED ON THE PERSON IF
 AN  ADMINISTRATIVE  HEARING  IS TIMELY REQUESTED AND THE HEARING OFFICER
 UPHELD THE ORDER.
   5. (A) FOR A PERIOD OF TEN DAYS  FROM  THE  SERVICE  OF  THE  PROPOSED
 PROHIBITION  ORDER,  THE  PERSON  MAY  REQUEST  AN INITIAL REVIEW OF THE
 PROHIBITION ORDER BY THE AUTHORITY. THE REQUEST MAY  BE  MADE  BY  TELE-
 PHONE,  IN  WRITING,  OR  IN  PERSON.  THERE SHALL BE NO CHARGE FOR THIS
 REVIEW. IN CONDUCTING ITS  REVIEW  AND  REACHING  A  DETERMINATION,  THE
 AUTHORITY  SHALL  DETERMINE  WHETHER  THE  PROHIBITION  ORDER  MEETS THE
 REQUIREMENTS OF SUBDIVISION ONE  OF  THIS  SECTION.  IF,  FOLLOWING  THE
 INITIAL  REVIEW,  BASED ON THESE FINDINGS, THE AUTHORITY DETERMINES THAT
 THE PROPOSED PROHIBITION ORDER  IS  NOT  ADEQUATELY  SUPPORTED  OR  THAT
 EXTENUATING CIRCUMSTANCES MAKE DISMISSAL OF THE PROHIBITION ORDER APPRO-
 PRIATE  IN  THE  INTEREST  OF  JUSTICE,  THE  AUTHORITY SHALL CANCEL THE
 NOTICE. IF, FOLLOWING THE INITIAL REVIEW, BASED ON THESE  FINDINGS,  THE
 AUTHORITY  DETERMINES  THAT  THE  PROHIBITION  ORDER SHOULD BE UPHELD IN
 WHOLE OR IN PART, THE AUTHORITY SHALL ISSUE A WRITTEN STATEMENT TO  THAT
 EFFECT,  INCLUDING ANY MODIFICATION TO THE PERIOD OR SCOPE OF THE PROHI-

 S. 7508                            35                            A. 9508
 
 BITION ORDER. THE AUTHORITY SHALL  SERVE  THE  RESULTS  OF  THE  INITIAL
 REVIEW  TO  THE PERSON CONTESTING THE NOTICE AS SET FORTH IN SUBDIVISION
 FOUR OF THIS SECTION.
   (B) THE AUTHORITY MAY IN ITS DISCRETION MODIFY OR CANCEL A PROHIBITION
 ORDER IN THE INTEREST OF JUSTICE AT ANY TIME. IF THE PERSON DEPENDS UPON
 THE  AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANCES OR FACILI-
 TIES FOR TRIPS OF NECESSITY, INCLUDING, BUT NOT LIMITED TO, TRAVEL TO OR
 FROM MEDICAL OR LEGAL APPOINTMENTS, SCHOOL OR TRAINING CLASSES, OR PLAC-
 ES OF EMPLOYMENT; OBTAINING  FOOD,  CLOTHING,  AND  NECESSARY  HOUSEHOLD
 ITEMS;  OR  RENDERING CARE TO FAMILY MEMBERS, THE AUTHORITY MAY MODIFY A
 PROHIBITION ORDER TO ALLOW FOR A TRIP OR TRIPS AS IN ITS DISCRETION  ARE
 NECESSARY.  A PERSON REQUESTING THAT A PROHIBITION ORDER BE CANCELLED OR
 MODIFIED IN THE INTEREST OF JUSTICE SHALL HAVE THE BURDEN OF  ESTABLISH-
 ING THE QUALIFYING CIRCUMSTANCES BY A PREPONDERANCE OF THE EVIDENCE.
   (C)  IF  THE  PERSON  IS  DISSATISFIED WITH THE RESULTS OF THE INITIAL
 REVIEW, THE PERSON MAY REQUEST AN ADMINISTRATIVE HEARING OF THE PROHIBI-
 TION ORDER NO LATER THAN TEN DAYS  AFTER  THE  RESULTS  OF  THE  INITIAL
 REVIEW  ARE  SERVICED. THE REQUEST MAY BE MADE BY TELEPHONE, IN WRITING,
 OR IN PERSON. AN ADMINISTRATIVE HEARING SHALL BE HELD WITHIN THIRTY DAYS
 AFTER THE RECEIPT OF A REQUEST FOR AN ADMINISTRATIVE HEARING. THE PERSON
 REQUESTING THE HEARING MAY REQUEST ONE CONTINUANCE, NOT TO EXCEED  SEVEN
 CALENDAR DAYS.
   6. THE ADMINISTRATIVE HEARING PROCESS SHALL INCLUDE ALL OF THE FOLLOW-
 ING:
   (A) THE PERSON REQUESTING THE HEARING SHALL HAVE THE CHOICE OF A HEAR-
 ING BY MAIL OR IN PERSON. AN IN-PERSON HEARING SHALL BE CONDUCTED BY THE
 TRANSIT ADJUDICATION BUREAU ESTABLISHED BY SECTION TWELVE HUNDRED NINE-A
 OF THIS ARTICLE.
   (B)  THE  ADMINISTRATIVE HEARING SHALL BE CONDUCTED IN ACCORDANCE WITH
 WRITTEN PROCEDURES ESTABLISHED  BY  THE  AUTHORITY.  THE  HEARING  SHALL
 PROVIDE  AN  INDEPENDENT,  OBJECTIVE,  FAIR, AND IMPARTIAL REVIEW OF THE
 PROHIBITION ORDER.
   (C) THE ADMINISTRATIVE REVIEW SHALL  BE  CONDUCTED  BEFORE  A  HEARING
 OFFICER.  IN ADDITION TO ANY OTHER REQUIREMENTS, A HEARING OFFICER SHALL
 DEMONSTRATE THE QUALIFICATIONS, TRAINING, AND OBJECTIVITY AS ARE  NECES-
 SARY TO FULFILL AND THAT ARE CONSISTENT WITH THE DUTIES AND RESPONSIBIL-
 ITIES SET FORTH IN THIS SUBDIVISION.
   (D) IN ISSUING A DECISION, THE HEARING OFFICER SHALL DETERMINE WHETHER
 THE  PROHIBITION ORDER MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
 SECTION. BASED UPON THESE FINDINGS, THE HEARING OFFICER MAY  UPHOLD  THE
 PROHIBITION  ORDER IN WHOLE, DETERMINE THAT THE PROHIBITION ORDER IS NOT
 ADEQUATELY SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE,  OR  CANCEL  OR
 MODIFY  THE  PROHIBITION ORDER IN THE INTEREST OF JUSTICE. IF THE PERSON
 DEPENDS UPON THE AUTHORITY'S SUBWAYS, TRAINS, BUSES, OR OTHER CONVEYANC-
 ES OR FACILITIES FOR TRIPS OF NECESSITY, INCLUDING, BUT NOT LIMITED  TO,
 TRAVEL  TO  OR  FROM  MEDICAL  OR LEGAL APPOINTMENTS, SCHOOL OR TRAINING
 CLASSES, OR PLACES OF EMPLOYMENT; OBTAINING FOOD, CLOTHING,  AND  NECES-
 SARY  HOUSEHOLD  ITEMS; OR RENDERING CARE TO FAMILY MEMBERS, THE HEARING
 OFFICER MAY IN THEIR DISCRETION MODIFY A PROHIBITION ORDER TO ALLOW  FOR
 SUCH  TRIPS.  A  PERSON REQUESTING A CANCELLATION OR MODIFICATION IN THE
 INTEREST OF JUSTICE SHALL HAVE THE BURDEN OF ESTABLISHING THE QUALIFYING
 CIRCUMSTANCES BY A PREPONDERANCE OF THE EVIDENCE.
   (E) THE HEARING OFFICER'S DECISION FOLLOWING THE ADMINISTRATIVE  HEAR-
 ING SHALL BE SERVED AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION.
   (F)  A  PERSON  AGGRIEVED BY THE FINAL DECISION OF THE HEARING OFFICER
 MAY SEEK JUDICIAL REVIEW OF THE DECISION WITHIN NINETY DAYS  OF  SERVICE

 S. 7508                            36                            A. 9508
 
 OF  THE DECISION PURSUANT TO ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE
 LAW AND RULES.
   7.  A  PERSON  ISSUED  A PROHIBITION ORDER MAY, WITHIN TEN DAYS OF THE
 DATE THE ORDER BECOMES EFFECTIVE, REQUEST A REFUND FOR ANY PREPAID  FARE
 AMOUNTS  RENDERED  UNUSABLE IN WHOLE OR IN PART BY THE PROHIBITION ORDER
 INCLUDING, BUT NOT LIMITED TO, MONTHLY PASSES.
   8. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT  THE
 POWER OF ANY COURT TO ISSUE ADDITIONAL RESTRICTIONS ON A PERSON'S ABILI-
 TY  TO USE OR ENTER THE AUTHORITY'S FACILITIES OR CONVEYANCES, INCLUDING
 BUT NOT LIMITED TO AS A CONDITION OF BAIL OR  PROBATION  OR  CONDITIONAL
 DISCHARGE OR AS A PART OF ANY CRIMINAL SENTENCE.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.  Effective immediately, the metropolitan  transporta-
 tion  authority may adopt any rules, regulations, policies or procedures
 necessary to implement this act prior to the effective date of this act.
 
                                  PART Q

   Section 1. Paragraph (d) of section 304 of  the  business  corporation
 law is amended to read as follows:
   (d)  ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY OF
 STATE AS AGENT OF A DOMESTIC CORPORATION OR FOREIGN CORPORATION FOR  THE
 PURPOSE  OF  MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN OR
 WITHOUT THE STATE, TO WHICH A PERSON SHALL  MAIL  PROCESS  AGAINST  SUCH
 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 corporation or a foreign corporation, shall continue
 until the filing of a certificate under this chapter directing the mail-
 ing to a different [post-office] POST OFFICE address.
   § 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  A  DOMESTIC  LIMITED  LIABILITY  COMPANY  OR
 FOREIGN LIMITED LIABILITY COMPANY FORMED OR AUTHORIZED TO DO BUSINESS IN
 THIS STATE.
   §  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

 S. 7508                            37                            A. 9508
 
 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.]
   § 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 AT LEAST sixty days prior to the filing of the certificate of
 resignation  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 designating corporation, if other than the party filing the
 certificate of resignation[,] for receipt of process, or if the [resign-
 ing]  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.
   §  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. 7508                            38                            A. 9508
 
   §  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.
   § 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.
   §  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.
   §  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.
   § 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. 7508                            39                            A. 9508
 
   §  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.
   §  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.
   §  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.
   § 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. 7508                            40                            A. 9508
 
   §  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.
   § 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.
   § 17. Section 1311 of the business  corporation  law,  as  amended  by
 chapter 375 of the laws of 1998, is amended to read as follows:
 § 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] THE
 office OF THE SECRETARY OF STATE 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 certificate 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).
   § 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

 S. 7508                            41                            A. 9508
 
 mail a copy of any process against it served upon [him] THE SECRETARY OF
 STATE.
   §  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.
   § 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.
   § 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 MAINTAINED BY THE SECRETARY  OF
 STATE  AS  AGENT IN ANY ACTION OR PROCEEDING AGAINST THE ASSOCIATION FOR
 THE PURPOSE OF MAILING PROCESS SHALL BE THE POST OFFICE ADDRESS,  WITHIN
 OR  WITHOUT THE STATE, TO WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH
 ASSOCIATION AS REQUIRED BY THIS ARTICLE.  SUCH  ADDRESS  SHALL  CONTINUE
 UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAIL-
 ING 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.
   § 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. 7508                            42                            A. 9508
 
   §  19.    Service of process. 1. 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,  dupli-
 cate  copies of such process at the office of the department of state in
 the city of Albany] SO DESIGNATED. 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.]
   2.  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.
   §  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] THE  SECRETARY  OF
 STATE,  a  deputy secretary 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]  THE
 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 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 by the addressee or [his or its] THEIR
 agent, on return to the attorney general of the original envelope  bear-
 ing  a  notation  by  the  postal  authorities  that receipt thereof was
 refused.
   § 24. Section 686 of the general business law, as added by chapter 730
 of the laws of 1980, is amended to read as follows:
   § 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

 S. 7508                            43                            A. 9508
 
 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] HER 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] HER successor, administrator or
 executor, 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 or] 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,  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] THE address [as] set forth in the application for  registration
 of his OR HER offering prospectus or in the registered offering prospec-
 tus 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] HER agent, or if the address-
 ee  moved  without  leaving  a  forwarding  address,  upon return to the
 department of the original envelope bearing a  notation  by  the  postal
 authorities  that  receipt  thereof  was  refused  or that such mail was
 otherwise undeliverable.
   § 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;
   §  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;
   § 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;
   §  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. 7508                            44                            A. 9508
 
   § 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.
   §  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
   § 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 MAINTAINED BY THE SECRETARY OF
 STATE AS AGENT OF A DOMESTIC LIMITED LIABILITY COMPANY OR FOREIGN LIMIT-
 ED LIABILITY COMPANY FOR THE PURPOSE OF MAILING  PROCESS  SHALL  BE  THE
 POST  OFFICE  ADDRESS,  WITHIN  OR  WITHOUT THE STATE, TO WHICH A PERSON
 SHALL MAIL PROCESS AGAINST SUCH LIMITED LIABILITY COMPANY AS REQUIRED BY
 THIS ARTICLE. Any designated post office address to which [the secretary
 of state] 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

 S. 7508                            45                            A. 9508
 
 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.
   § 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 AT LEAST  sixty days prior to the filing of  the  certificate
 of  resignation  FOR RECEIPT OF PROCESS with the department of state the
 party has sent a copy of the certificate of resignation for  receipt  of

 S. 7508                            46                            A. 9508

 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 designating 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.
   §  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

 S. 7508                            47                            A. 9508

 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.]
   §  33.  Section 305 of the limited liability company law is amended to
 read as follows:
   § 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.
   § 34. Paragraph 4 of subdivision (a) of section  802  of  the  limited
 liability company law, as amended 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;
   §  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:
   § 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

 S. 7508                            48                            A. 9508
 
 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.
   § 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.
   §  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;
   § 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;
   §  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;
   § 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 MAINTAINED BY THE SECRETARY  OF
 STATE  AS AGENT OF A DOMESTIC NOT-FOR-PROFIT CORPORATION OR FOREIGN NOT-
 FOR-PROFIT CORPORATION FOR THE PURPOSE OF MAILING PROCESS SHALL  BE  THE

 S. 7508                            49                            A. 9508
 
 POST  OFFICE  ADDRESS,  WITHIN  OR  WITHOUT THE STATE, TO WHICH A PERSON
 SHALL MAIL PROCESS AGAINST SUCH 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  corporation  formed
 under article four of this chapter or foreign corporation, shall contin-
 ue  until  the  filing of a certificate under this chapter directing the
 mailing to a different [post-office] POST OFFICE address.
   § 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.
   § 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, [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 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.
   § 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. 7508                            50                            A. 9508

   § 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.
   §  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.
   §  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.
   § 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.
   § 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] CLAUSE (D) OF THIS SUBPARAGRAPH
 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.
   § 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:

 S. 7508                            51                            A. 9508

   (F)  A  designation  of the secretary of state as [his] ITS agent upon
 whom process against it may be served in the manner set forth  in  para-
 graph  (b) of section 306 (Service of process), in any action or special
 proceeding described in [subparagraph] CLAUSE (D) OF  THIS  SUBPARAGRAPH
 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.
   §  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.
   § 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.
   § 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, 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] 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.
   §  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.

 S. 7508                            52                            A. 9508

   (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.
   §  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:
 § 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]  WITH  THE
 DEPARTMENT  specified  for such purpose.  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 1310
 (Certificate  of change, contents) to effect a change in the post office
 address under subparagraph [(a) (4)] (7) OF  PARAGRAPH  (A)  of  section
 1308 (Amendments or changes).
   §  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 MAINTAINED BY THE SECRETARY  OF
 STATE  AS  AGENT  OF  A  DOMESTIC LIMITED PARTNERSHIP OR FOREIGN LIMITED
 PARTNERSHIP FOR THE PURPOSE OF MAILING PROCESS SHALL BE THE POST  OFFICE
 ADDRESS, WITHIN OR WITHOUT THE STATE, TO WHICH A PERSON SHALL MAIL PROC-
 ESS  AGAINST  SUCH  LIMITED PARTNERSHIP 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.
   § 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

 S. 7508                            53                            A. 9508

 state  as agent for such limited partnership, and that such party wishes
 to resign.
   (3) that AT LEAST sixty days prior to the filing of the certificate of
 resignation  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 proc-
 ess, or if the [resigning] DESIGNATING limited partnership has no regis-
 tered 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 affida-
 vit 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.
   §  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 (III) A DOMESTIC LIMITED LIABILITY COMPANY OR
 A  FOREIGN  LIMITED  LIABILITY COMPANY AUTHORIZED TO DO BUSINESS IN THIS
 STATE.
   § 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 THIS 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

 S. 7508                            54                            A. 9508
 
 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 THE DEPARTMENT AFTER  A  PERIOD
 OF TEN YEARS FROM SUCH SERVICE.
   §  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;
   §  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.
   §  61.  Section  121-202-A of the partnership law, as added by chapter
 448 of the laws of 1998, paragraph 2 of subdivision (a)  as  amended  by
 chapter 172 of the laws of 1999, is amended to read as follows:
   § 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

 S. 7508                            55                            A. 9508
 
 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.
   § 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;
   §  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:
   § 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

 S. 7508                            56                            A. 9508
 
 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.
   § 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.
   § 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.
   §  66. Subparagraphs 2 and 4 of paragraph (I) and clause 4 of subpara-
 graph (A) of paragraph (II) of subdivision (a) 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;
   § 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:

 S. 7508                            57                            A. 9508
 
   (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
   § 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.
   §  69.  Subdivision (a) of section 121-1502 of the partnership law, as
 amended by chapter 643 of the laws of 1995, paragraph (v) as amended  by
 chapter 470 of the laws of 1997, is 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

 S. 7508                            58                            A. 9508
 
 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.
   § 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, are 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
   §  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;
   § 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

 S. 7508                            59                            A. 9508
 
 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.
   §  73.  Subdivision (a) of section 121-1505 of the partnership law, as
 added by chapter 470 of the laws of 1997, is amended and two new  subdi-
 visions (d) and (e) 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 MAINTAINED BY THE SECRETARY OF
 STATE AS AGENT OF A REGISTERED LIMITED LIABILITY PARTNERSHIP OR NEW YORK
 REGISTERED FOREIGN LIMITED LIABILITY  PARTNERSHIP  FOR  THE  PURPOSE  OF
 MAILING  PROCESS SHALL BE THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THE
 STATE, TO WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH LIMITED LIABIL-
 ITY COMPANY AS REQUIRED BY THIS ARTICLE.  SUCH  ADDRESS  SHALL  CONTINUE

 S. 7508                            60                            A. 9508
 
 UNTIL THE FILING OF A CERTIFICATE UNDER THIS CHAPTER DIRECTING THE MAIL-
 ING TO A DIFFERENT POST OFFICE ADDRESS.
   §  74.  Subdivision (b) of section 121-1506 of the partnership law, as
 added by chapter 448 of the laws of 1998,  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 AT LEAST sixty days prior to the filing of the certificate of
 resignation  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 liability partnership, if
 other than the party filing the certificate of resignation, for  receipt
 of process, or if the [resigning] DESIGNATING limited liability partner-
 ship  has  no  registered agent, then to the last address of the [desig-
 nated] DESIGNATING limited liability partnership, known  to  the  party,
 specifying the address to which the copy was sent. If there is no regis-
 tered  agent  and  no known address of the designating limited liability
 partnership the party shall attach an affidavit to the certificate stat-
 ing that a diligent 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.
   § 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.
   § 76. Subdivision 15 of section 20.03 of the arts and cultural affairs
 law,  as added by chapter 656 of the laws of 1991, is amended to read as
 follows:
   15. "Non-institutional portion" shall mean the part or  portion  of  a
 combined-use  facility other than the institutional portion. If the non-
 institutional portion, or any part thereof, consists of  a  condominium,
 the  consent  of the trust which has developed or approved the developer
 of such condominium shall be required prior  to  any  amendment  of  the
 declaration  of such condominium pursuant to subdivision [nine] EIGHT of
 section three hundred thirty-nine-n of the real property law  and  prior

 S. 7508                            61                            A. 9508
 
 to  any  amendment  of the by-laws of such condominium pursuant to para-
 graph (j) of subdivision one of section three hundred  thirty-nine-v  of
 the  real property law, and whether or not such trust is a unit owner of
 such  condominium,  it  may exercise the rights of the board of managers
 and an aggrieved unit owner under section three hundred thirty-nine-j of
 the real property law in the case of a failure of any unit owner of such
 condominium to comply with the by-laws of such condominium and with  the
 rules, regulations, and decisions adopted pursuant thereto.
   §  77.  Subdivision  7  of  section  339-n of the real property law is
 REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
   § 78. 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 DEPARTMENT 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 COMPLIANCE  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.

 S. 7508                            62                            A. 9508
 
   (G) ANY DESIGNATED POST OFFICE ADDRESS MAINTAINED BY THE SECRETARY  OF
 STATE AS AGENT OF THE BOARD OF MANAGERS FOR THE PURPOSE OF MAILING PROC-
 ESS  SHALL  BE  THE POST OFFICE ADDRESS, WITHIN OR WITHOUT THE STATE, TO
 WHICH A PERSON SHALL MAIL PROCESS AGAINST SUCH BOARD AS REQUIRED BY THIS
 ARTICLE.  SUCH  ADDRESS SHALL CONTINUE UNTIL THE FILING OF A CERTIFICATE
 UNDER THIS CHAPTER DIRECTING THE MAILING  TO  A  DIFFERENT  POST  OFFICE
 ADDRESS.
   §  79. 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.
   § 80. 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-

 S. 7508                            63                            A. 9508
 
 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
 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.
   §  81. 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:
   § 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

 S. 7508                            64                            A. 9508

 state] A PERSON shall mail a copy of any such process against the corpo-
 ration  which  may  be served upon [him] THE SECRETARY OF STATE. 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]  A  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] 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] CERTI-
 FIED 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 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
 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.
   § 82. Subdivisions (a) and (b) of section 310 of the tax law, as added
 by chapter 400 of the laws of 1983, are 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

 S. 7508                            65                            A. 9508
 
 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
 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.
   § 83. This act shall take effect on  the  one  hundred  twentieth  day
 after it shall have become a law.
 
                                  PART R
 
   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 R of chapter 58 of the laws of 2019, is
 amended to read as follows:

 S. 7508                            66                            A. 9508
 
   § 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,  [2020]
 2021.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2020.
 
                                  PART S
 
   Section 1. The general business law is amended by adding a new section
 390-d to read as follows:
   § 390-D.  GENDER  PRICING  DISCRIMINATION.  1.  DEFINITIONS.  FOR  THE
 PURPOSES  OF  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "CONSUMER PRODUCTS" SHALL MEAN ANY GOODS USED, BOUGHT OR  RENDERED
 PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
   (B)  "CONSUMER  SERVICES"  SHALL  MEAN  ANY  SERVICES  USED, BOUGHT OR
 RENDERED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
   (C) "SUBSTANTIALLY SIMILAR" SHALL MEAN (I) TWO CONSUMER PRODUCTS  THAT
 EXHIBIT  NO SUBSTANTIAL DIFFERENCES IN THE MATERIALS USED IN PRODUCTION,
 THE INTENDED USE OF THE PRODUCT, AND THE FUNCTIONAL DESIGN AND  FEATURES
 OF  THE  PRODUCT, OR (II) TWO CONSUMER SERVICES THAT EXHIBIT NO SUBSTAN-
 TIAL DIFFERENCE IN THE AMOUNT OF  TIME  TO  PROVIDE  THE  SERVICES,  THE
 DIFFICULTY  IN  PROVIDING  THE  SERVICES,  OR  THE COST OF PROVIDING THE
 SERVICES. A DIFFERENCE IN COLORING AMONG ANY CONSUMER PRODUCT SHALL  NOT
 BE  CONSTRUED AS A SUBSTANTIAL DIFFERENCE FOR THE PURPOSES OF THIS PARA-
 GRAPH.
   2. NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION, OR OTHER  BUSI-
 NESS  ENTITY SHALL SELL OR OFFER FOR SALE ANY TWO CONSUMER PRODUCTS FROM
 THE SAME MANUFACTURER OR DISTRIBUTOR THAT ARE SUBSTANTIALLY SIMILAR,  IF
 SUCH  PRODUCTS ARE PRICED DIFFERENTLY BASED ON THE GENDER OF THE PERSONS
 FOR WHOM THE PRODUCTS ARE MARKETED AND INTENDED.
   3. NO PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION OR  OTHER  BUSI-
 NESS  ENTITY SHALL SELL OR OFFER FOR SALE ANY CONSUMER SERVICES THAT ARE
 SUBSTANTIALLY SIMILAR IF SUCH SERVICES ARE PRICED DIFFERENTLY BASED UPON
 THE GENDER OF THE INDIVIDUALS  FOR  WHOM  THE  SERVICES  ARE  PERFORMED,
 OFFERED, OR MARKETED.
   4.  NOTHING  IN  THIS  SECTION PROHIBITS PRICE DIFFERENCES IN CONSUMER
 PRODUCTS OR CONSUMER SERVICES BASED  SPECIFICALLY  UPON  THE  AMOUNT  OF
 TIME,  DIFFICULTY  OR  COST  INCURRED  IN  MANUFACTURING SUCH PRODUCT OR
 OFFERING SUCH SERVICE.
   5.  (A)  THE  FOLLOWING  BUSINESS  ESTABLISHMENTS  SHALL  CLEARLY  AND
 CONSPICUOUSLY  DISCLOSE  TO THE CUSTOMER IN WRITING THE PRICING FOR EACH
 STANDARD SERVICE PROVIDED:
   (I) TAILORS OR BUSINESSES PROVIDING AFTERMARKET CLOTHING ALTERATIONS;
   (II) BARBERS OR HAIR SALONS;
   (III) DRY CLEANERS AND LAUNDRIES PROVIDING  SERVICES  TO  INDIVIDUALS;
 AND
   (IV) SUCH OTHER BUSINESS ESTABLISHMENTS AS MAY BE IDENTIFIED AND ADDED
 TO THIS LIST BY REGULATION.
   (B)  THE  PRICE LIST SHALL BE POSTED IN AN AREA CONSPICUOUS TO CUSTOM-
 ERS.  POSTED PRICE LISTS SHALL BE IN NO LESS THAN  FOURTEEN-POINT  BOLD-
 FACE  TYPE AND CLEARLY AND COMPLETELY DISPLAY PRICING FOR EVERY STANDARD
 SERVICE OFFERED BY THE BUSINESS.
   (C) THE BUSINESS ESTABLISHMENT  SHALL  PROVIDE  THE  CUSTOMER  WITH  A
 COMPLETE WRITTEN PRICE LIST UPON REQUEST.

 S. 7508                            67                            A. 9508
 
   (D) THE BUSINESS ESTABLISHMENT SHALL DISPLAY IN A CONSPICUOUS PLACE AT
 LEAST  ONE  CLEARLY  VISIBLE  SIGN,  PRINTED IN NO LESS THAN TWENTY-FOUR
 POINT BOLDFACE TYPE, WHICH READS: "NEW YORK LAW PROHIBITS  ANY  BUSINESS
 ESTABLISHMENT FROM DISCRIMINATING, WITH RESPECT TO THE PRICE CHARGED FOR
 SERVICES  OF  SIMILAR  OR  LIKE  KIND,  AGAINST  A PERSON BECAUSE OF THE
 PERSON'S GENDER. A COMPLETE PRICE LIST IS AVAILABLE UPON REQUEST."
   (E) FOR THE PURPOSES OF THIS SUBDIVISION, "STANDARD SERVICE" MEANS THE
 FIFTEEN MOST FREQUENTLY REQUESTED SERVICES PROVIDED BY THE BUSINESS.
   6. (A) THE ATTORNEY GENERAL MAY ISSUE A NOTICE DIRECTING THE CESSATION
 OF ANY CONDUCT BY A PERSON, FIRM, PARTNERSHIP, COMPANY, CORPORATION,  OR
 OTHER  BUSINESS  ENTITY WHICH THE ATTORNEY GENERAL HAS REASON TO BELIEVE
 HAS VIOLATED THIS SECTION. IF ANY PERSON,  FIRM,  PARTNERSHIP,  COMPANY,
 CORPORATION,  OR  OTHER  BUSINESS ENTITY FAILS TO SUBMIT EVIDENCE DEMON-
 STRATING DIFFERENCES IN THE AMOUNT OF TIME, DIFFICULTY OR COST  INCURRED
 IN MANUFACTURING SUCH PRODUCT OR OFFERING SUCH SERVICE WITHIN FIVE BUSI-
 NESS  DAYS  AFTER  SERVICE  OF  SUCH  NOTICE, OR IF THE ATTORNEY GENERAL
 DETERMINES THAT SUCH EVIDENCE FAILS  TO  DEMONSTRATE  LEGALLY  EXCUSABLE
 DIFFERENCES PROVIDED FOR IN SUBDIVISION FOUR OF THIS SECTION, THE ATTOR-
 NEY  GENERAL MAY BRING AN ACTION IN THE NAME AND ON BEHALF OF THE PEOPLE
 OF THE STATE OF NEW YORK TO ENJOIN SUCH ACTS AND TO  OBTAIN  RESTITUTION
 OF  ANY  MONEYS  OR PROPERTY OBTAINED DIRECTLY OR INDIRECTLY BY ANY SUCH
 UNLAWFUL ACTS. IN SUCH ACTION PRELIMINARY RELIEF MAY  BE  GRANTED  UNDER
 ARTICLE  SIXTY-THREE  OF  THE  CIVIL PRACTICE LAW AND RULES. IN ANY SUCH
 PROCEEDING, THE COURT SHALL IMPOSE A CIVIL PENALTY IN AN AMOUNT  NOT  TO
 EXCEED TWENTY-FIVE THOUSAND DOLLARS.
   (B) BEFORE ANY VIOLATION OF THIS SECTION IS SOUGHT TO BE ENJOINED, THE
 ATTORNEY  GENERAL SHALL BE REQUIRED TO GIVE THE PERSON AGAINST WHOM SUCH
 PROCEEDING IS CONTEMPLATED NOTICE BY CERTIFIED MAIL AND  AN  OPPORTUNITY
 TO SHOW IN WRITING WITHIN FIVE BUSINESS DAYS AFTER RECEIPT OF NOTICE WHY
 PROCEEDINGS  SHOULD  NOT  BE INSTITUTED AGAINST HIM, UNLESS THE ATTORNEY
 GENERAL SHALL FIND, IN ANY CASE IN WHICH HE  SEEKS  PRELIMINARY  RELIEF,
 THAT TO GIVE SUCH NOTICE AND OPPORTUNITY IS NOT IN THE PUBLIC INTEREST.
   (C) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN SUCH  PERSON'S  OWN
 NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER ACTU-
 AL DAMAGES OR FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS.
 THE  COURT  MAY,  IN ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN
 AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO  ONE  THOUSAND
 DOLLARS,  IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  OR KNOWINGLY
 VIOLATED THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO
 A PREVAILING PLAINTIFF.
   (D) THE ATTORNEY  GENERAL  SHALL  HAVE  POWER  AT  ALL  TIMES,  EITHER
 PERSONALLY  OR  BY HIS OR HER DEPUTIES, TO SUBPOENA WITNESSES, TO COMPEL
 THEIR ATTENDANCE, TO ADMINISTER AN OATH, TO  EXAMINE  ANY  PERSON  UNDER
 OATH AND TO REQUIRE THE PRODUCTION OF ANY RELEVANT BOOKS OR PAPERS. SUCH
 EXAMINATION  MAY  BE  CONDUCTED  ON  ANY  SUBJECT RELATING TO THE DUTIES
 IMPOSED UPON, OR THE POWERS VESTED IN, THE ATTORNEY  GENERAL  UNDER  THE
 PROVISIONS  OF  THIS  SECTION.  ANY  PERSON, FIRM, PARTNERSHIP, COMPANY,
 CORPORATION, OR OTHER BUSINESS ENTITY WHICH FAILS TO OBEY THE COMMAND OF
 A SUBPOENA WITHOUT REASONABLE  EXCUSE  OR  REFUSES,  WITHOUT  REASONABLE
 CAUSE,  TO  BE  SWORN  OR  TO  BE EXAMINED OR TO ANSWER A QUESTION OR TO
 PRODUCE A BOOK OR PAPER WHEN ORDERED  SO  TO  DO  BY  THE  OFFICER  DULY
 CONDUCTING  SUCH INQUIRY, OR FAILS TO PERFORM ANY ACT REQUIRED HEREUNDER
 TO BE PERFORMED, SHALL BE GUILTY OF A  MISDEMEANOR  AND  SHALL  ALSO  BE
 SUBJECT TO THE COMPULSIONS PROVIDED BY THE CIVIL PRACTICE LAW AND RULES.

 S. 7508                            68                            A. 9508
 
 ANY  OFFICER  PARTICIPATING IN SUCH INQUIRY AND ANY PERSON EXAMINED AS A
 WITNESS UPON SUCH INQUIRY WHO SHALL DISCLOSE TO ANY  PERSON  OTHER  THAN
 THE  ATTORNEY  GENERAL  THE  NAME  OF  ANY WITNESS EXAMINED OR ANY OTHER
 INFORMATION OBTAINED UPON SUCH INQUIRY, EXCEPT AS DIRECTED BY THE ATTOR-
 NEY GENERAL, SHALL BE GUILTY OF A MISDEMEANOR.
   (E)  NOTWITHSTANDING  ANY LAW TO THE CONTRARY, ALL MONIES RECOVERED OR
 OBTAINED UNDER THIS ARTICLE BY A  STATE  AGENCY  OR  STATE  OFFICIAL  OR
 EMPLOYEE  ACTING IN THEIR OFFICIAL CAPACITY SHALL BE SUBJECT TO SUBDIVI-
 SION ELEVEN OF SECTION FOUR OF THE STATE FINANCE LAW.
   7. THE ATTORNEY GENERAL MAY ADOPT  AND  PROMULGATE  RULES  AS  MAY  BE
 NECESSARY IN CARRYING OUT THE PROVISIONS OF THIS SECTION.
   §  2.  Separability  clause; construction. If any part or provision of
 this act or the application thereof to any person  or  circumstances  be
 adjudged  invalid  by any court of competent jurisdiction, such judgment
 shall be confined in its operation to the part, provision or application
 directly involved in the controversy in which such judgment  shall  have
 been rendered and shall not affect or impair the validity of the remain-
 der  of  this  act  or  the  application  thereof to other provisions or
 circumstances.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.
 
                                  PART T
 
   Section 1. The general business law is amended by adding a new article
 40 to read as follows:
                                ARTICLE 40
                      TELEPHONE CALL ABUSE PREVENTION
 SECTION 900. SHORT TITLE.
         901. DEFINITIONS.
         902. TELEMARKETING SALES CALLS MANDATES,  PROHIBITIONS,  AND  DO
                NOT CALL REGISTRY.
         903. TELEPHONE CALL AUTHENTICATION FRAMEWORK.
         904. TELEPHONE CALL BLOCKING.
         905. USE OF AUTOMATIC TELEPHONE DIALING SYSTEMS AND PLACEMENT OF
                CONSUMER TELEPHONE CALLS.
         906. TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION ACT.
   §  900.  SHORT TITLE. THIS ARTICLE MAY BE CITED AS THE "TELEPHONE CALL
 ABUSE PREVENTION ACT".
   § 901. DEFINITIONS. UNLESS OTHERWISE INDICATED, AS USED IN THIS  ARTI-
 CLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "DEPARTMENT" MEANS THE DEPARTMENT OF STATE.
   2. "SECRETARY" MEANS THE SECRETARY OF STATE.
   3.  "CUSTOMER"  MEANS  ANY NATURAL PERSON WHO IS OR MAY BE REQUIRED TO
 PAY FOR OR TO EXCHANGE CONSIDERATION  FOR  GOODS  AND  SERVICES  OFFERED
 THROUGH TELEMARKETING.
   4.  "DOING  BUSINESS  IN THIS STATE" MEANS CONDUCTING TELEPHONIC SALES
 CALLS: A. FROM A LOCATION IN THIS STATE; OR B. FROM A  LOCATION  OUTSIDE
 OF THIS STATE TO CONSUMERS RESIDING IN THIS STATE.
   5.  "GOODS  AND  SERVICES" MEANS ANY GOODS AND SERVICES, AND SUCH TERM
 SHALL INCLUDE ANY REAL PROPERTY OR ANY  TANGIBLE  PERSONAL  PROPERTY  OR
 SERVICES OF ANY KIND.

 S. 7508                            69                            A. 9508

   6.  "NEGATIVE  OPTION FEATURE" MEANS, IN AN OFFER OR AGREEMENT TO SELL
 OR PROVIDE ANY GOODS OR SERVICES, A PROVISION UNDER WHICH THE CUSTOMER'S
 SILENCE OR FAILURE TO TAKE AN AFFIRMATIVE ACTION TO REJECT SUCH GOODS OR
 SERVICES OR TO CANCEL THE AGREEMENT IS  INTERPRETED  BY  THE  SELLER  AS
 ACCEPTANCE OF THE OFFER.
   7.  "PERSON" MEANS ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, FIRM,
 OR CORPORATION AND ITS AFFILIATES OR  SUBSIDIARIES,  OR  OTHER  BUSINESS
 ENTITY.
   8.  "TELEMARKETER"  MEANS  ANY  PERSON  WHO,  FOR  FINANCIAL PROFIT OR
 COMMERCIAL PURPOSES IN CONNECTION WITH TELEMARKETING, A. MAKES  TELEMAR-
 KETING  SALES CALLS OR ELECTRONIC MESSAGING TEXTS TO A CUSTOMER WHEN THE
 CUSTOMER IS IN THIS  STATE,  B.  DIRECTLY  CONTROLS  OR  SUPERVISES  THE
 CONDUCT  OF  A  TELEMARKETER, OR C. INTENTIONALLY AIDS A TELEMARKETER TO
 ENGAGE IN TELEMARKETING. FOR THE PURPOSES OF THIS  ARTICLE,  "COMMERCIAL
 PURPOSES" SHALL MEAN THE SALE OR OFFER FOR SALE OF GOODS OR SERVICES.
   9.  "TELEMARKETING"  MEANS  ANY  PLAN,  PROGRAM  OR  CAMPAIGN  THAT IS
 CONDUCTED TO INDUCE PAYMENT OR THE EXCHANGE OF ANY  OTHER  CONSIDERATION
 FOR  ANY GOODS OR SERVICES, THAT INVOLVES ONE OR MORE TELEPHONE CALLS OR
 ELECTRONIC MESSAGING TEXTS BY A TELEMARKETER IN WHICH  THE  CUSTOMER  IS
 LOCATED  WITHIN  THE  STATE AT THE TIME OF THE CALL.  TELEMARKETING ALSO
 INCLUDES THE ACCEPTANCE OR COLLECTION OF INFORMATION OBTAINED FROM TELE-
 PHONE CALLS OR ELECTRONIC MESSAGING TEXTS WITH THE INTENT  OF  PROVIDING
 IT TO A THIRD PARTY WHO ACCEPTS OR COLLECTS THE INFORMATION TO ENGAGE IN
 TELEMARKETING.  TELEMARKETING DOES NOT INCLUDE THE SOLICITATION OF SALES
 THROUGH MEDIA OTHER THAN BY TELEPHONE CALLS OR ELECTRONIC MESSAGING TEXT
 AND DOES NOT INCLUDE CALLS OR ELECTRONIC  MESSAGING  TEXTS  INTENDED  TO
 IMPLEMENT OR COMPLETE A TRANSACTION TO WHICH THE CUSTOMER HAS PREVIOUSLY
 CONSENTED.
   10.  "TELEMARKETING  SALES  CALL" MEANS A TELEPHONE CALL OR ELECTRONIC
 MESSAGING TEXT, MADE DIRECTLY OR INDIRECTLY BY A TELEMARKETER OR BY  ANY
 OUTBOUND  TELEPHONE  CALLING  TECHNOLOGY  THAT  DELIVERS  A  PRERECORDED
 MESSAGE TO A CUSTOMER OR TO A CUSTOMER'S VOICEMAIL OR ANSWERING  MACHINE
 SERVICE,  IN  WHICH  SUCH TELEPHONE CALL OR ELECTRONIC MESSAGING TEXT IS
 FOR THE PURPOSE OF INDUCING PAYMENT OR THE EXCHANGE OF ANY OTHER CONSID-
 ERATION FOR ANY GOODS OR SERVICES.
   11. "UNSOLICITED TELEMARKETING SALES  CALL"  MEANS  ANY  TELEMARKETING
 SALES CALL OTHER THAN A CALL MADE:
   A.  IN RESPONSE TO AN EXPRESS WRITTEN OR VERBAL REQUEST BY THE CUSTOM-
 ER; OR
   B. IN CONNECTION WITH AN ESTABLISHED BUSINESS RELATIONSHIP, WHICH  HAS
 NOT  BEEN TERMINATED BY EITHER PARTY, UNLESS SUCH CUSTOMER HAS STATED TO
 THE TELEMARKETER THAT SUCH CUSTOMER NO  LONGER  WISHES  TO  RECEIVE  THE
 TELEMARKETING SALES CALLS OF SUCH TELEMARKETER.
   12.  "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED BY
 A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE NUMBER AND  NAME
 OF THE PERSON CALLING.
   13.  "CALLER  IDENTIFICATION  SERVICE"  MEANS  A SERVICE THAT ALLOWS A
 TELEPHONE SUBSCRIBER TO HAVE THE TELEPHONE NUMBER, AND, WHERE AVAILABLE,
 NAME OF THE CALLING PARTY TRANSMITTED CONTEMPORANEOUSLY WITH  THE  TELE-
 PHONE  CALL,  AND  THAT  IS DISPLAYED ON A DEVICE IN OR CONNECTED TO THE
 SUBSCRIBER'S TELEPHONE.
   14. "ELECTRONIC MESSAGING TEXT"  MEANS  REAL-TIME  OR  NEAR  REAL-TIME
 NON-VOICE  MESSAGES  IN  TEXT  FORM  OVER  COMMUNICATIONS  NETWORKS, AND
 INCLUDES THE TRANSMISSION OF  WRITING,  SIGNS,  SIGNALS,  PICTURES,  AND
 SOUNDS  OF  ALL  KINDS  BY  AID  OF WIRE, CABLE OR OTHER LIKE CONNECTION
 BETWEEN THE POINTS OF ORIGIN AND RECEPTION OF SUCH TRANSMISSION.

 S. 7508                            70                            A. 9508
 
   15. "AREA CODE" MEANS THE FIRST THREE DIGITS OF  THE  TEN-DIGIT  TELE-
 PHONE NUMBER.
   16.  "ENTITY  SPECIFIC 'DO-NOT-CALL' LIST" MEANS THE LIST OF TELEPHONE
 NUMBERS PROVIDED DIRECTLY TO THE TELEMARKETER BY THE OWNERS OF THE TELE-
 PHONE NUMBERS FOR THE PURPOSE OF BEING REMOVED FROM ANY FUTURE  TELEMAR-
 KETING CALLS.
   17. "AUTOMATIC NUMBER IDENTIFICATION" MEANS ANY DATA MESSAGE, PROTOCOL
 OR  PART THEREOF WHICH COMMUNICATES THE TELEPHONE NUMBER TO BE DISPLAYED
 ON THE CALLER IDENTIFICATION OF THE TELEPHONE CALL RECIPIENT.  AUTOMATIC
 NUMBER  IDENTIFICATION  INCLUDES A CALLING PARTY NUMBER, INITIAL ADDRESS
 MESSAGE, AND CALLING LINE IDENTIFICATION.
   18. "NEW YORK STATE AUTOMATIC NUMBER IDENTIFICATION" MEANS  ANY  AUTO-
 MATIC  NUMBER  IDENTIFICATION  WITH AN AREA CODE DESIGNATED BY THE NORTH
 AMERICAN NUMBERING PLAN TO COVER LOCATIONS IN NEW YORK STATE.
   19. "NORTH AMERICAN NUMBERING PLAN" HAS THE MEANING ASCRIBED TO IT  BY
 FEDERAL  COMMUNICATIONS  COMMISSION  REGULATIONS,  DEFINED  IN 47 C.F.R.
 SECTION 52.5(D).
   20. "PUBLIC SWITCHED TELEPHONE NETWORK" MEANS ALL  TELEPHONES,  MOBILE
 TELEPHONES  AND  DEVICES  ASSIGNED PHONE NUMBERS FROM THE NORTH AMERICAN
 NUMBERING PLAN.
   21. "VOICE SERVICE" HAS THE MEANING  ASCRIBED  TO  SUCH  TERM  BY  THE
 FEDERAL TELEPHONE ROBOCALL ABUSE CRIMINAL ENFORCEMENT AND DETERRENCE ACT
 (TRACED)  (PUBLIC  LAW  NO.116-105),  OR ANY SUCCESSIVE FEDERAL LAW THAT
 AMENDS SUCH TERM.
   22. "VOICE SERVICE PROVIDER"  MEANS  ANY  PERSON  WHO  PROVIDES  VOICE
 SERVICES  TO  SUBSCRIBERS IN THE STATE UTILIZING ANY TECHNOLOGY, REGARD-
 LESS OF WHETHER SUCH  PROVIDER  IS  REGULATED  PURSUANT  TO  THE  PUBLIC
 SERVICE LAW.
   23. "AUTOMATIC TELEPHONE DIALING SYSTEM" MEANS EQUIPMENT, SOFTWARE, OR
 OTHER  TECHNOLOGY  USED TO MAKE PRE-RECORDED CALLS, EXCEPT FOR EQUIPMENT
 THAT REQUIRES A HUMAN TO DIAL OR PLACE EACH INDIVIDUAL CALL ONE CALL  AT
 A TIME AND REQUIRES SUCH HUMAN TO THEN REMAIN ON EACH CALL.
   24.  "AUTO-DIALED CALL" MEANS ANY TELEPHONE CALL INITIATED BY AN AUTO-
 MATIC TELEPHONE DIALING SYSTEM.
   25. "SHAKEN" MEANS SIGNATURE-BASED HANDLING  OF  ASSERTED  INFORMATION
 USING TOKENS.
   26. "STIR" MEANS SECURE TELEPHONE IDENTITY REVISITED.
   27.  "STIR/SHAKEN  AUTHENTICATION FRAMEWORK" MEANS THE DIGITAL CERTIF-
 ICATE SCHEME TO VERIFY AND AUTHENTICATE CALLER IDENTIFICATION FOR  CALLS
 CARRIED  OVER  AN  INTERNET  PROTOCOL (IP) NETWORK, BASED UPON STANDARDS
 DEVELOPED BY STAKEHOLDERS OF THE INFORMATION AND COMMUNICATIONS TECHNOL-
 OGY INDUSTRY, AS REFERENCED IN THE NOTICE  OF  INQUIRY  OF  THE  FEDERAL
 COMMUNICATIONS COMMISSION, 32 FCC RCD 5988.
   28. "POOLING ADMINISTRATOR" MEANS THE THOUSANDS-BLOCK POOLING ADMINIS-
 TRATOR AS IDENTIFIED IN 47 C.F.R. § 52.20.
   29.  "CONSUMER"  MEANS  A NATURAL PERSON WHO IS SOLICITED TO PURCHASE,
 LEASE OR RECEIVE A GOOD OR SERVICE FOR  PERSONAL,  FAMILY  OR  HOUSEHOLD
 USE.
   30.  "CONSUMER TELEPHONE CALL" MEANS A CALL MADE TO A TELEPHONE NUMBER
 BY A TELEPHONE SOLICITOR, WHETHER  BY  DEVICE,  LIVE  OPERATOR,  OR  ANY
 COMBINATION THEREOF, FOR THE PURPOSE OF SOLICITING A SALE OF ANY CONSUM-
 ER  GOODS  OR SERVICES FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES TO THE
 CONSUMER CALLED, OR FOR THE PURPOSE OF SOLICITING AN EXTENSION OF CREDIT
 FOR CONSUMER GOODS OR SERVICES  TO  THE  CONSUMER  CALLED,  OR  FOR  THE
 PURPOSE OF OBTAINING INFORMATION THAT WILL OR MAY BE USED FOR THE DIRECT
 SOLICITATION  OF  A  SALE  OF CONSUMER GOODS OR SERVICES TO THE CONSUMER

 S. 7508                            71                            A. 9508
 
 CALLED OR AN EXTENSION OF CREDIT FOR SUCH PURPOSES;  PROVIDED,  HOWEVER,
 THAT  "CONSUMER TELEPHONE CALL" SHALL NOT INCLUDE A CALL MADE BY A TELE-
 PHONE CORPORATION, AS DEFINED BY SUBDIVISION SEVENTEEN OF SECTION TWO OF
 THE PUBLIC SERVICE LAW, IN RESPONSE TO A SPECIFIC INQUIRY INITIATED BY A
 CONSUMER  REGARDING  THAT  CONSUMER'S  EXISTING  OR  REQUESTED TELEPHONE
 SERVICE.
   31. "TELEPHONE SOLICITOR" MEANS A PERSON WHO MAKES  OR  CAUSES  TO  BE
 MADE A CONSUMER TELEPHONE CALL.
   32.  "APPLICANT"  MEANS A PERSON SEEKING A CERTIFICATE OF REGISTRATION
 OR TO RENEW A CERTIFICATE OF REGISTRATION UNDER THIS SECTION.
   33. "INVESTMENT OPPORTUNITY" MEANS ANYTHING  TANGIBLE  OR  INTANGIBLE,
 THAT  IS  OFFERED  FOR  SALE, SOLD, OR TRADED BASED WHOLLY OR IN PART ON
 REPRESENTATIONS, EITHER EXPRESS OR  IMPLIED,  ABOUT  PAST,  PRESENT,  OR
 FUTURE INCOME, PROFIT, OR APPRECIATION.
   34.  "PREMIUM" MEANS ANYTHING OFFERED OR GIVEN, INDEPENDENT OF CHANCE,
 TO CUSTOMERS AS AN INCENTIVE TO PURCHASE OR OTHERWISE CONTRACT FOR GOODS
 OR SERVICES OFFERED THROUGH TELEMARKETING.
   35. "PRINCIPAL" MEANS ANY PERSON PARTICIPATING IN OR  RESPONSIBLE  FOR
 THE MANAGEMENT OF A TELEMARKETER'S BUSINESS, WHETHER OR NOT THE POSITION
 IS  COMPENSATED,  INCLUDING BUT NOT LIMITED TO AN OWNER IN THE CASE OF A
 SOLE PROPRIETORSHIP, AN OFFICER, DIRECTOR OR  STOCKHOLDER  HOLDING  MORE
 THAN  TEN PERCENT OF THE OUTSTANDING STOCK IN THE CASE OF A CORPORATION,
 A PARTNER IN THE CASE OF A PARTNERSHIP, AND A MANAGER OR MEMBER  IN  THE
 CASE OF A LIMITED LIABILITY COMPANY.
   36. "PRIZE" MEANS ANYTHING OFFERED OR PURPORTEDLY OFFERED AND GIVEN OR
 PURPORTEDLY  GIVEN  TO  A  PERSON  BY CHANCE. FOR PURPOSES OF THIS DEFI-
 NITION, CHANCE EXISTS IF A PERSON IS GUARANTEED TO RECEIVE AN ITEM  AND,
 AT  THE  TIME OF THE OFFER OR PURPORTED OFFER, THE TELEMARKETER DOES NOT
 IDENTIFY THE SPECIFIC ITEM THAT THE PERSON WILL RECEIVE.
   37. "PRIZE PROMOTION" MEANS A SWEEPSTAKES OR OTHER GAME OF  CHANCE  OR
 AN  ORAL OR WRITTEN, EXPRESS OR IMPLIED REPRESENTATION THAT A PERSON HAS
 WON, HAS BEEN SELECTED TO RECEIVE OR IS ELIGIBLE OR MAY BE  ELIGIBLE  TO
 RECEIVE A PRIZE OR PURPORTED PRIZE.
   §  902.  TELEMARKETING  SALES CALLS MANDATES, PROHIBITIONS, AND DO NOT
 CALL REGISTRY. 1. NO TELEMARKETER OR SELLER SHALL ENGAGE IN  TELEMARKET-
 ING  AT  ANY  TIME  OTHER  THAN  BETWEEN  8:00 A.M. AND 9:00 P.M. AT THE
 LOCATION OF THE CUSTOMER UNLESS  THE  CUSTOMER  HAS  GIVEN  HIS  OR  HER
 EXPRESS  CONSENT  TO  THE  CALL AT A DIFFERENT TIME. TELEMARKETERS SHALL
 PROVIDE, IN A CLEAR AND COHERENT MANNER  USING  WORDS  WITH  COMMON  AND
 EVERYDAY MEANINGS, AT THE BEGINNING OF EACH TELEMARKETING SALES CALL ALL
 OF THE FOLLOWING INFORMATION:
   A.  THE  TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE SOLIC-
 ITATION IS BEING MADE, IF OTHER THAN THE TELEMARKETER;
   B. THE PURPOSE OF THE TELEPHONE CALL;
   C. THE IDENTITY OF THE GOODS OR SERVICES  FOR  WHICH  A  FEE  WILL  BE
 CHARGED; AND
   D. WHETHER THE CALL IS BEING RECORDED.
   2.  IT  SHALL  BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO KNOWINGLY
 CAUSE ANY VOICE SERVICE PROVIDING CALLER IDENTIFICATION SERVICE TO TRAN-
 SMIT MISLEADING, INACCURATE, OR FALSE CALLER IDENTIFICATION INFORMATION,
 PROVIDED THAT IT SHALL NOT BE A VIOLATION TO SUBSTITUTE  (FOR  THE  NAME
 AND  PHONE  NUMBER  USED IN, OR BILLED FOR, MAKING THE CALL) THE NAME OR
 TELEPHONE NUMBER OF THE PERSON OR SELLER ON BEHALF OF WHICH  A  TELEMAR-
 KETING CALL IS PLACED.
   3.  PRIOR  TO THE PURCHASE OF ANY GOOD OR SERVICE, TELEMARKETERS SHALL
 DISCLOSE TO THE CUSTOMER THE COST OF THE GOODS OR SERVICES THAT ARE  THE

 S. 7508                            72                            A. 9508
 
 SUBJECT OF THE CALL AND IF THE OFFER INCLUDES A NEGATIVE OPTION FEATURE,
 ALL  MATERIAL  TERMS  AND  CONDITIONS  OF  THE  NEGATIVE OPTION FEATURE,
 INCLUDING, BUT NOT LIMITED TO THE FACT THAT THE CUSTOMER'S ACCOUNT  WILL
 BE  CHARGED UNLESS THE CUSTOMER TAKES AN AFFIRMATIVE ACTION TO AVOID THE
 CHARGES, THE DATES THE CHARGES WILL BE SUBMITTED FOR  PAYMENT,  AND  THE
 SPECIFIC STEPS THE CUSTOMER MUST TAKE TO AVOID THE CHARGE.
   4.  A. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH, MANAGE, AND MAINTAIN
 A NO TELEMARKETING SALES CALLS STATEWIDE REGISTRY WHICH SHALL CONTAIN  A
 LIST  OF  CUSTOMERS WHO DO NOT WISH TO RECEIVE UNSOLICITED TELEMARKETING
 SALES CALLS. THE DEPARTMENT MAY CONTRACT WITH A PRIVATE VENDOR TO ESTAB-
 LISH, MANAGE AND MAINTAIN SUCH REGISTRY, PROVIDED THE PRIVATE VENDOR HAS
 MAINTAINED NATIONAL NO TELEMARKETING SALES  CALLS  REGISTRIES  FOR  MORE
 THAN  TWO  YEARS, AND THE CONTRACT REQUIRES THE VENDOR TO PROVIDE THE NO
 TELEMARKETING SALES CALLS REGISTRY IN A PRINTED HARD COPY FORMAT AND  IN
 ANY OTHER FORMAT AS PRESCRIBED BY THE DEPARTMENT.
   B.  THE  DEPARTMENT  IS  AUTHORIZED  TO  HAVE THE NATIONAL DO NOT CALL
 REGISTRY ESTABLISHED,  MANAGED  AND  MAINTAINED  BY  THE  FEDERAL  TRADE
 COMMISSION  PURSUANT  TO  15  U.S.C.  6151,  AND REFERENCED BY 16 C.F.R.
 SECTION 310.4 (B)(1)(III)(B), TO SERVE AS THE NEW YORK STATE NO TELEMAR-
 KETING SALES CALLS STATEWIDE REGISTRY PROVIDED FOR BY THIS SECTION.  THE
 DEPARTMENT IS FURTHER AUTHORIZED TO TAKE WHATEVER ADMINISTRATIVE ACTIONS
 MAY  BE  NECESSARY OR APPROPRIATE FOR SUCH TRANSITION INCLUDING, BUT NOT
 LIMITED TO, PROVIDING THE TELEPHONE NUMBERS OF NEW YORK CUSTOMERS REGIS-
 TERED ON THE NO TELEMARKETING SALES  CALLS  STATEWIDE  REGISTRY  TO  THE
 FEDERAL  TRADE  COMMISSION,  FOR  INCLUSION ON THE NATIONAL  DO NOT CALL
 REGISTRY.
   5. NO TELEMARKETER OR SELLER MAY MAKE OR CAUSE TO BE MADE ANY UNSOLIC-
 ITED TELEMARKETING SALES CALL TO ANY CUSTOMER WHEN THAT CUSTOMER'S TELE-
 PHONE NUMBER HAS BEEN ON THE NATIONAL  DO NOT CALL REGISTRY, ESTABLISHED
 BY THE FEDERAL TRADE COMMISSION, FOR A PERIOD OF THIRTY-ONE  DAYS  PRIOR
 TO   THE   DATE  THE  CALL  IS  MADE,  PURSUANT  TO  16  C.F.R.  SECTION
 310.4(B)(1)(III)(B).
   6. IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER DOING  BUSINESS  IN  THIS
 STATE TO MAKE AN UNSOLICITED TELEMARKETING SALES CALL TO ANY PERSON IN A
 COUNTY,  CITY, TOWN OR VILLAGE KNOWINGLY UNDER A DECLARED STATE OF EMER-
 GENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTION TWENTY-FOUR OR TWEN-
 TY-EIGHT OF THE EXECUTIVE LAW.
   7. NO TELEMARKETER OR SELLER SHALL INITIATE  ANY  TELEMARKETING  SALES
 CALL  BY  MEANS  OF  A  TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE,
 UNLESS THE TELEMARKETER OR SELLER HAS  OBTAINED  FROM  THE  CUSTOMER  AN
 EXPRESS  AGREEMENT,  IN  WRITING.  NO SUCH AGREEMENT SHALL AUTHORIZE ANY
 TELEMARKETING SALES CALLS MORE THAN THIRTY DAYS AFTER EXECUTION  OF  THE
 AGREEMENT, AND THE AGREEMENT MUST PROVIDE THAT:
   A. THE TELEMARKETER OR SELLER OBTAINED ONLY AFTER A CLEAR AND CONSPIC-
 UOUS  DISCLOSURE,  USING PLAIN LANGUAGE AND PRINTED IN TYPE NO LESS THAN
 TWELVE-POINT TYPE, THAT THE PURPOSE OF THE AGREEMENT IS TO AUTHORIZE THE
 SELLER TO MAKE TELEMARKETING SALES CALLS TO SUCH CUSTOMER;
   B. THE TELEMARKETER OR SELLER OBTAINED WITHOUT REQUIRING, DIRECTLY  OR
 INDIRECTLY,  THAT THE AGREEMENT BE EXECUTED AS A CONDITION OF PURCHASING
 ANY GOOD OR SERVICE;
   C. EVIDENCES THE WILLINGNESS OF THE CUSTOMER TO RECEIVE  TELEMARKETING
 SALES CALLS BY OR MADE ON BEHALF OF A SPECIFIC SELLER;
   D. INCLUDES SUCH CUSTOMER'S TELEPHONE NUMBER AND SIGNATURE;
   E. IS DISPLAYED BEFORE ANY MECHANISM OFFERED TO THE CUSTOMER TO VERIFY
 OR ACKNOWLEDGE CONSENT; AND
   F. CONTAINS THE FOLLOWING LANGUAGE:

 S. 7508                            73                            A. 9508
 
   (I)  "THIS EXPRESS AGREEMENT APPLIES ONLY BETWEEN THE CUSTOMER AND THE
 SPECIFIC ENTITY OFFERING THE AGREEMENT, AND ANY NAMED PARTNER OR  AFFIL-
 IATE ENTITY."
   (II)  "BY  CLICKING OR OTHERWISE ACKNOWLEDGING AGREEMENT, I UNDERSTAND
 THAT I CONSENT TO AND MAY RECEIVE TELEMARKETING SALES CALLS  EVEN  IF  I
 HAVE  PREVIOUSLY ENTERED MY NUMBER ON THE NATIONAL DO NOT CALL  REGISTRY
 MAINTAINED BY THE FEDERAL TRADE COMMISSION."
   8. NO TELEMARKETER OR SELLER MAY INITIATE ANY TELEPHONE CALL USING  AN
 AUTOMATIC  TELEPHONE  DIALING  SYSTEM  OR  AN ARTIFICIAL OR PRE-RECORDED
 VOICE, WITHOUT PRIOR EXPRESS AND  VERIFIABLE  CONSENT  FROM  THE  PERSON
 RECEIVING THE CALL.
   9. IN THE CASE OF ANY TELEMARKETING SALES CALL DELIVERED BY MEANS OF A
 TECHNOLOGY  THAT  DELIVERS A PRE-RECORDED MESSAGE THAT COULD BE RECEIVED
 BY A CUSTOMER WHO CAN USE AN AUTOMATED INTERACTIVE VOICE AND/OR KEYPRESS
 ACTIVATED OPT-OUT MECHANISM TO ASSERT A DO NOT CALL REQUEST,  SUCH  CALL
 SHALL  INCLUDE A MECHANISM THAT ALLOWS THE CUSTOMER TO AUTOMATICALLY ADD
 THE NUMBER CALLED TO THE SELLER'S ENTITY SPECIFIC DO NOT CALL LIST,  AND
 WHICH MECHANISM, ONCE INVOKED, IMMEDIATELY ENDS THE CALL.
   10.  IN THE CASE OF ANY TELEMARKETING SALES CALL DELIVERED BY MEANS OF
 A TECHNOLOGY THAT DELIVERS A PRE-RECORDED MESSAGE THAT COULD BE ANSWERED
 BY AN ANSWERING MACHINE OR VOICEMAIL SERVICE, THAT THE  CALL  INCLUDE  A
 TOLL-FREE NUMBER THAT MUST CONNECT THE CUSTOMER DIRECTLY TO AN AUTOMATED
 INTERACTIVE  VOICE  OR  KEYPRESS ACTIVATED OPT-OUT MECHANISM THAT ALLOWS
 THE CONSUMER TO AUTOMATICALLY ADD THE  NUMBER  CALLED  TO  THE  SELLER'S
 ENTITY  SPECIFIC  DO  NOT  CALL LIST, AND WHICH MECHANISM, ONCE INVOKED,
 IMMEDIATELY ENDS THE CALL.
   11. IN THE CASE OF ANY TELEMARKETING SALES  CALL  MADE  BY  A  NATURAL
 PERSON,  THE TELEMARKETER OR SELLER SHALL INFORM THE CUSTOMER THAT HE OR
 SHE MAY REQUEST THAT HIS OR HER TELEPHONE NUMBER BE ADDED TO  THE  SELL-
 ER'S  ENTITY  SPECIFIC  DO NOT CALL LIST. IF THE CUSTOMER OPTS TO DO SO,
 THE TELEMARKETER OR SELLER SHALL IMMEDIATELY END THE CALL AND SHALL  ADD
 THE NUMBER CALLED TO SUCH LIST OR CAUSE THE NUMBER CALLED TO BE ADDED TO
 SUCH LIST.
   12. NO TELEMARKETER OR SELLER SHALL TRANSMIT, SHARE, OR OTHERWISE MAKE
 AVAILABLE  ANY CUSTOMER'S CONTACT INFORMATION, INCLUDING NAME, TELEPHONE
 NUMBER, OR EMAIL ADDRESS, WHICH HAS BEEN PROVIDED TO  SUCH  TELEMARKETER
 OR  SELLER BY SUCH CUSTOMER, TO ANY PERSON, CORPORATION, OR OTHER ENTITY
 WITHOUT THE EXPRESS AGREEMENT OF THE CONSUMER IN WRITING OR IN ELECTRON-
 IC FORMAT, UNLESS OTHERWISE REQUIRED BY LAW, OR  PURSUANT  TO  A  LAWFUL
 SUBPOENA OR COURT ORDER. NO SUCH AGREEMENT SHALL AUTHORIZE A TELEMARKET-
 ER  OR  SELLER  TO  TRANSMIT,  SHARE,  OR  OTHERWISE MAKE AVAILABLE SUCH
 CONSUMER'S CONTACT INFORMATION FOR MORE THAN THIRTY DAYS AFTER EXECUTION
 OF SUCH AGREEMENT.
   13. TELEMARKETERS AND SELLERS SHALL KEEP FOR A PERIOD  OF  TWENTY-FOUR
 MONTHS FROM THE DATE THE RECORD IS CREATED RECORDS RELATING TO ITS TELE-
 MARKETING ACTIVITIES.
   14.  A. THE DEPARTMENT SHALL PROVIDE NOTICE TO CUSTOMERS OF THE ESTAB-
 LISHMENT OF THE NATIONAL DO NOT CALL REGISTRY. ANY CUSTOMER  WHO  WISHES
 TO  BE  INCLUDED ON SUCH REGISTRY SHALL NOTIFY THE FEDERAL TRADE COMMIS-
 SION AS DIRECTED BY RELEVANT FEDERAL REGULATIONS.
   B. ANY COMPANY THAT PROVIDES LOCAL TELEPHONE DIRECTORIES TO  CUSTOMERS
 IN  THIS  STATE  SHALL  INFORM  ITS  CUSTOMERS OF THE PROVISIONS OF THIS
 SECTION BY MEANS OF PUBLISHING A NOTICE IN SUCH LOCAL TELEPHONE DIRECTO-
 RIES AND ON ANY WEBSITE AND SOCIAL MEDIA PAGE OWNED, OPERATED OR  OTHER-
 WISE AUTHORIZED BY SUCH COMPANY.

 S. 7508                            74                            A. 9508
 
   15.  WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON HAS ENGAGED IN
 REPEATED UNLAWFUL ACTS IN VIOLATION OF THIS SECTION, OR WHEN A NOTICE OF
 HEARING HAS BEEN ISSUED PURSUANT TO SUBDIVISION SIXTEEN OF THIS SECTION,
 THE DEPARTMENT MAY REQUEST IN WRITING THE PRODUCTION OF  RELEVANT  DOCU-
 MENTS  AND RECORDS AS PART OF ITS INVESTIGATION. IF THE PERSON UPON WHOM
 SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCUMENTS OR  RECORDS  WITHIN
 FOURTEEN  DAYS  AFTER  THE DATE OF THE REQUEST, THE DEPARTMENT MAY ISSUE
 AND SERVE SUBPOENAS TO COMPEL  THE  PRODUCTION  OF  SUCH  DOCUMENTS  AND
 RECORDS.  IF  ANY  PERSON  SHALL REFUSE TO COMPLY WITH A SUBPOENA ISSUED
 UNDER THIS SECTION, THE DEPARTMENT MAY PETITION  A  COURT  OF  COMPETENT
 JURISDICTION TO ENFORCE THE SUBPOENA, AND TO REQUEST A CIVIL PENALTY NOT
 TO  EXCEED  ONE  THOUSAND  DOLLARS  PER DAY, ACTUAL DAMAGES SUSTAINED BY
 REASON OF THE FAILURE TO COMPLY AND SUCH  SANCTIONS  AS  THE  COURT  MAY
 DIRECT.
   16.  A. WHERE IT IS DETERMINED AFTER AN OPPORTUNITY FOR A HEARING THAT
 ANY PERSON HAS VIOLATED ONE OR MORE  PROVISIONS  OF  THIS  SECTION,  THE
 SECRETARY,  OR  ANY PERSON DEPUTIZED OR SO DESIGNATED BY HIM OR HER, MAY
 ASSESS A FINE  NOT  TO  EXCEED  TWENTY-TWO  THOUSAND  DOLLARS  FOR  EACH
 VIOLATION.
   B.  ANY  PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
 SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.
   C. NOTHING IN THIS SUBDIVISION SHALL  BE  CONSTRUED  TO  RESTRICT  ANY
 RIGHT  WHICH  ANY  PERSON  MAY HAVE UNDER ANY OTHER STATUTE OR AT COMMON
 LAW.
   17. THE DEPARTMENT SHALL PRESCRIBE RULES AND REGULATIONS TO ADMINISTER
 THIS SECTION.
   18. IF ANY CLAUSE, SENTENCE, PARAGRAPH OR PART OF THIS  SECTION  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, PARA-
 GRAPH OR PART THEREOF DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH
 JUDGMENT SHALL HAVE BEEN RENDERED.
   § 903. TELEPHONE CALL AUTHENTICATION  FRAMEWORK.  1.  NOT  LATER  THAN
 JANUARY FIRST, TWO THOUSAND TWENTY-ONE:
   A.  A VOICE SERVICE PROVIDER SHALL IMPLEMENT THE STIR/SHAKEN AUTHENTI-
 CATION FRAMEWORK, OR ALTERNATIVE TECHNOLOGY THAT PROVIDES COMPATIBLE  OR
 SUPERIOR  CAPABILITY,  TO  VERIFY AND AUTHENTICATE CALLER IDENTIFICATION
 INFORMATION IN THE  INTERNET  PROTOCOL  NETWORKS  OF  TELEPHONE  DIALING
 SERVICE PROVIDERS.
   B.  A  VOICE SERVICE PROVIDER SHALL TAKE REASONABLE MEASURES TO IMPLE-
 MENT AN EFFECTIVE CALL AUTHENTICATION FRAMEWORK, OR ALTERNATIVE TECHNOL-
 OGY THAT PROVIDES COMPATIBLE  OR  SUPERIOR  CAPABILITY,  TO  VERIFY  AND
 AUTHENTICATE  CALLER  IDENTIFICATION  INFORMATION  IN  THE  NON-INTERNET
 PROTOCOL NETWORKS OF THE VOICE SERVICE PROVIDER.
   2.  STIR/SHAKEN  CERTIFICATE  AUTHORITIES  PROVIDING  CREDENTIALS   TO
 COMMERCIAL,  GOVERNMENT  AND NOT-FOR-PROFIT ORGANIZATIONS USING NEW YORK
 STATE AUTOMATIC NUMBER IDENTIFICATIONS SHALL BE RESPONSIBLE FOR INVESTI-
 GATING AND VETTING THE ENTITIES THEY  CERTIFY,  AND  SHALL  PROVIDE  THE
 DEPARTMENT  ANNUALLY  WITH  ALL INFORMATION REQUIRED UNDER THIS SUBDIVI-
 SION. REQUIRED DUE  DILIGENCE  IN  SELECTING  AND  MANAGING  CERTIFICATE
 RECIPIENTS SHALL INCLUDE A MINIMUM OF THE FOLLOWING:
   A. BACKGROUND CHECKS WHICH ESTABLISH THAT THE ENTITY, ITS OFFICERS AND
 PERSONS  RESPONSIBLE  FOR  AUTHORIZING OFFICIAL ACTS OF SUCH ENTITY HAVE
 NEVER BEEN CONVICTED OF FRAUDS, FELONIES OR OTHER  SERIOUS  OR  RELEVANT
 OFFENSES.

 S. 7508                            75                            A. 9508
 
   B.  ESTABLISHMENT  OF  ONE  OR  MORE PHYSICAL ADDRESS LOCATIONS IN THE
 UNITED STATES. ALL SUCH INFORMATION SHALL BE CONFIRMED AND UPDATED ANNU-
 ALLY.
   C.  ANY  PERSON  ACTING  AS  A  CERTIFICATE  AUTHORITY SHALL PROVIDE A
 PERSONAL ASSURANCE THAT THE CERTIFICATES WILL BE GRANTED IN A  REPUTABLE
 AND  LAWFUL MANNER, AND ANY SUCH PERSON SHALL BE RESPONSIBLE JOINTLY AND
 SEVERALLY FOR PENALTIES RELATED TO FRAUD OR WILLFUL VIOLATIONS.
   3. WHERE THE FEDERAL COMMUNICATIONS COMMISSION HAS GRANTED A DELAY  OF
 REQUIRED  COMPLIANCE  FOR  ANY  PROVIDER  OR CLASS OF PROVIDERS OF VOICE
 SERVICE OR TYPE OF VOICE CALLS, COMPLIANCE UNDER PARAGRAPH B OF SUBDIVI-
 SION ONE OF THIS SECTION MAY BE DELAYED, BUT ONLY  TO  THE  EXTENT  THAT
 SUCH  A PROVIDER OR CLASS OF PROVIDERS OF VOICE SERVICE OR TYPE OF VOICE
 CALLS, MATERIALLY RELIES ON A  NON-INTERNET  PROTOCOL  NETWORK  FOR  THE
 PROVISION OF SUCH SERVICE OR CALLS, UNTIL A CALL AUTHENTICATION PROTOCOL
 HAS  BEEN  DEVELOPED  FOR  CALLS  DELIVERED  OVER  NON-INTERNET PROTOCOL
 NETWORKS AND IS REASONABLY AVAILABLE.
   4. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND THEREAFTER
 AT LEAST ONCE EVERY THREE  YEARS,  ALL  VOICE  SERVICE  PROVIDERS  SHALL
 REVIEW  THE BEST AVAILABLE TECHNOLOGY TO AUTHENTICATE CALLER IDENTIFICA-
 TION INFORMATION AND DEPLOY ANY SUCH TECHNOLOGY WHICH MAY BETTER  ACCOM-
 PLISH  THE  PURPOSE OF THIS SECTION. ANY SUCH UPGRADES SHALL BE DEPLOYED
 TO ALL SUBSCRIBERS AS SOON AS FEASIBLE AND AT NO ADDITIONAL SURCHARGE OR
 FEE TO SUCH SUBSCRIBERS.
   5. DEPLOYMENT OF ANY CALL AUTHENTICATION TECHNOLOGY SHALL RESULT IN NO
 ADDITIONAL SURCHARGE OR FEE TO THE SUBSCRIBER.
   6. BY JULY THIRTY-FIRST OF THE YEAR FOLLOWING THE  EFFECTIVE  DATE  OF
 THIS  SECTION,  AND  ANNUALLY  THEREAFTER,  EVERY VOICE SERVICE PROVIDER
 SHALL FILE WITH BOTH THE DEPARTMENT, AND THE  SECRETARY  TO  THE  PUBLIC
 SERVICE  COMMISSION, A REPORT SETTING FORTH ITS DEPLOYMENT AND REVIEW OF
 THE BEST AVAILABLE  CALL  AUTHENTICATION  TECHNOLOGY  REQUIRED  BY  THIS
 SECTION, AS WELL AS ANY AVAILABLE UPGRADES THERETO AND DEPLOYMENT THERE-
 OF  TO  PERSONS  OR  ENTITIES, AS WELL AS ANY OTHER INFORMATION THAT THE
 DEPARTMENT, IN CONSULTATION WITH THE DEPARTMENT OF PUBLIC  SERVICE,  MAY
 REQUIRE. SUCH REPORT SHALL INCLUDE:
   A.  AN  ANALYSIS  OF  THE EXTENT TO WHICH VOICE SERVICE PROVIDERS HAVE
 IMPLEMENTED  THE  CALL  AUTHENTICATION  FRAMEWORKS  DESCRIBED  IN   THIS
 SECTION,  INCLUDING  WHETHER THE AVAILABILITY OF NECESSARY EQUIPMENT AND
 EQUIPMENT UPGRADES HAS IMPACTED SUCH IMPLEMENTATION;
   B. AN ASSESSMENT OF THE EFFICACY OF THE CALL AUTHENTICATION FRAMEWORKS
 DESCRIBED IN PARAGRAPH B OF SUBDIVISION ONE OF THIS SECTION, IN ADDRESS-
 ING ALL ASPECTS OF CALL AUTHENTICATION; AND
   C. A SWORN STATEMENT BY A PRINCIPAL OR OFFICER OF  THE  VOICE  SERVICE
 PROVIDER THAT THE INFORMATION PROVIDED IS CURRENT AND ACCURATE.
   7.  ANY  VOICE  SERVICE  PROVIDER  THAT KNOWINGLY FAILS OR NEGLECTS TO
 COMPLY WITH THIS SECTION, OR A RULE OR  REGULATION  ADOPTED  THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN  THOUSAND  DOLLARS  AND  NO  MORE  THAN ONE HUNDRED THOUSAND DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF A CONTINUING VIOLATION, EACH DAY  SHALL  BE  DEEMED  A  SEPARATE  AND
 DISTINCT OFFENSE.
   8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY EITHER A.  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE
 OF  THE STATE OF NEW YORK, OR B. IN THE CASE OF A VOICE SERVICE PROVIDER
 SUBJECT TO THE JURISDICTION OF THE PUBLIC SERVICE COMMISSION, TO A COURT
 OR JUSTICE HAVING JURISDICTION, TO ISSUE AN INJUNCTION, AND UPON  NOTICE
 TO  THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE

 S. 7508                            76                            A. 9508
 
 CONTINUANCE OF SUCH VIOLATIONS, AND FOR THE ENFORCEMENT OF THE PENALTIES
 PROVIDED IN THIS SECTION.
   9. WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON OR VOICE SERVICE
 PROVIDER  HAS VIOLATED ANY PROVISION OF THIS SECTION, THE DEPARTMENT MAY
 REQUEST IN WRITING THE PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS.  IF
 THE  PERSON  UPON  WHOM SUCH REQUEST WAS MADE FAILS TO PRODUCE THE DOCU-
 MENTS OR RECORDS WITHIN FOURTEEN DAYS AFTER THE DATE OF THE REQUEST, THE
 DEPARTMENT MAY ISSUE AND SERVE SUBPOENAS TO  COMPEL  THE  PRODUCTION  OF
 SUCH  DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO COMPLY WITH A
 SUBPOENA ISSUED UNDER THIS SECTION, THE DEPARTMENT MAY PETITION A  COURT
 OF  COMPETENT  JURISDICTION TO ENFORCE THE SUBPOENA AND, NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, TO REQUEST A CIVIL PENALTY NOT TO EXCEED ONE
 THOUSAND DOLLARS PER DAY, ACTUAL DAMAGES  SUSTAINED  BY  REASON  OF  THE
 FAILURE TO COMPLY, AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
   10.  THE  PUBLIC  SERVICE COMMISSION AND THE DEPARTMENT MAY PROMULGATE
 ANY  RULES  OR  REGULATIONS  NECESSARY  TO  IMPLEMENT  AND  ENFORCE  THE
 PROVISIONS OF THIS SECTION.
   §  904.  TELEPHONE  CALL  BLOCKING.  1.  CONSISTENT WITH AUTHORIZATION
 PROVIDED BY FEDERAL LAW AND RULES OR  ORDERS  OF  THE  FEDERAL  COMMUNI-
 CATIONS COMMISSION OR ITS SUCCESSORS:
   A. VOICE SERVICE PROVIDERS SHALL OFFER SERVICES TO SUBSCRIBERS CAPABLE
 OF  BLOCKING  CALLS  MADE  FROM AN AUTOMATIC TELEPHONE DIALING SYSTEM OR
 USING AN ARTIFICIAL OR  PRE-RECORDED  VOICE  TO  A  TELEPHONE  OR  OTHER
 DEVICE,  ON AN OPT-OUT BASIS. VOICE SERVICE PROVIDERS SHALL, IN A MANNER
 THAT IS CLEAR FOR A  SUBSCRIBER  TO  UNDERSTAND:  (I)  OFFER  SUFFICIENT
 INFORMATION  TO  SUBSCRIBERS  SO  THAT  SUBSCRIBERS CAN MAKE AN INFORMED
 CHOICE AS TO WHETHER THEY WISH TO OPT-OUT  OF  SUCH  SERVICE;  AND  (II)
 CLEARLY  DISCLOSE  TO SUBSCRIBERS WHAT TYPES OF CALLS MAY BE BLOCKED AND
 THE RISKS OF BLOCKING WANTED CALLS.
   B. VOICE SERVICE PROVIDERS SHALL BLOCK A CALL MADE TO A  TELEPHONE  OR
 OTHER  DEVICE  WHEN  THE  SUBSCRIBER  TO WHICH THE ORIGINATING NUMBER IS
 ASSIGNED HAS REQUESTED THAT CALLS  PURPORTING  TO  ORIGINATE  FROM  THAT
 NUMBER BE BLOCKED BECAUSE THE NUMBER IS USED FOR INBOUND CALLS ONLY.
   C.  VOICE  SERVICE  PROVIDERS SHALL BLOCK CALLS MADE TO A TELEPHONE OR
 OTHER DEVICE ORIGINATING FROM THE FOLLOWING NUMBERS:
   (I) A NUMBER THAT IS NOT A VALID NORTH AMERICAN NUMBERING PLAN NUMBER;
   (II) A VALID NORTH AMERICAN NUMBERING PLAN NUMBER THAT  IS  NOT  ALLO-
 CATED  TO  A PROVIDER BY THE NORTH AMERICAN NUMBERING PLAN ADMINISTRATOR
 OR THE POOLING ADMINISTRATOR; AND
   (III) A VALID NORTH AMERICAN NUMBERING PLAN NUMBER THAT  IS  ALLOCATED
 TO A PROVIDER BY THE NORTH AMERICAN NUMBER PLAN ADMINISTRATOR OR POOLING
 ADMINISTRATOR, BUT IS UNUSED, SO LONG AS THE PROVIDER BLOCKING THE CALLS
 IS THE ALLOCATEE OF THE NUMBER AND CONFIRMS THAT THE NUMBER IS UNUSED OR
 HAS  OBTAINED  VERIFICATION FROM THE ALLOCATEE THAT THE NUMBER IS UNUSED
 AT THE TIME OF THE BLOCKING. AN UNUSED NUMBER IS A NUMBER  THAT  IS  NOT
 ASSIGNED TO A SUBSCRIBER OR OTHERWISE SET ASIDE FOR OUTBOUND CALL USE.
   D.  VOICE  SERVICE  PROVIDERS SHALL NOT BLOCK ANY CALL MADE TO A TELE-
 PHONE OR OTHER DEVICE IF (I)  THE  CALL  IS  MADE  FOR  EMERGENCY  ALERT
 PURPOSES,  OR  (II) IT IS A CALL FROM A LAW ENFORCEMENT OR PUBLIC SAFETY
 ENTITY.
   E. PROVIDERS OF TELEPHONE DIALING SERVICE SHALL NOT BLOCK A VOICE CALL
 TO A SUBSCRIBER WHO HAS REQUESTED THAT NO INBOUND CALLS BE BLOCKED.
   2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  BLOCKING  OF
 INTERNATIONAL  TELEPHONE CALLS FROM PURPORTED NON-NORTH AMERICAN NUMBER-
 ING PLAN NUMBERS.

 S. 7508                            77                            A. 9508
 
   3. DEPLOYMENT OF ANY CALL BLOCKING SERVICES SHALL RESULT IN  NO  ADDI-
 TIONAL SURCHARGE OR FEE TO THE SUBSCRIBER.
   4.  ON  OR  BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-ONE, AND PERIOD-
 ICALLY THEREAFTER, ALL VOICE SERVICE PROVIDERS  SHALL  REVIEW  THE  BEST
 AVAILABLE  CALL BLOCKING TECHNOLOGY AND DEPLOY ANY SUCH TECHNOLOGY WHICH
 MAY BETTER ACCOMPLISH THE PURPOSE OF THIS  SECTION.  ANY  SUCH  UPGRADES
 SHALL BE DEPLOYED TO ALL SUBSCRIBERS AS SOON AS FEASIBLE AND AT NO ADDI-
 TIONAL SURCHARGE OR FEE TO SUCH SUBSCRIBERS.
   5.  BY  JULY  THIRTY-FIRST OF THE YEAR FOLLOWING THE EFFECTIVE DATE OF
 THIS SECTION, AND ANNUALLY  THEREAFTER,  EVERY  VOICE  SERVICE  PROVIDER
 SHALL  FILE  WITH  BOTH  THE DEPARTMENT, AND THE SECRETARY TO THE PUBLIC
 SERVICE COMMISSION, A REPORT SETTING FORTH ITS DEPLOYMENT AND REVIEW  OF
 THE BEST AVAILABLE CALL BLOCKING TECHNOLOGY REQUIRED BY THIS SECTION, AS
 WELL AS ANY AVAILABLE UPGRADES THERETO AND DEPLOYMENT THEREOF TO PERSONS
 OR  ENTITIES,  AS  WELL AS ANY OTHER INFORMATION THAT THE DEPARTMENT, IN
 CONSULTATION WITH THE DEPARTMENT OF PUBLIC  SERVICE,  MAY  REQUIRE.  THE
 REPORT  SHALL INCLUDE A SWORN STATEMENT BY A PRINCIPAL OR OFFICER OF THE
 VOICE SERVICE PROVIDER THAT THE  INFORMATION  PROVIDED  IS  CURRENT  AND
 ACCURATE.
   6.  ANY  VOICE  SERVICE  PROVIDER  THAT KNOWINGLY FAILS OR NEGLECTS TO
 COMPLY WITH THIS SECTION, OR A RULE OR  REGULATION  ADOPTED  THEREUNDER,
 SHALL FORFEIT TO THE PEOPLE OF THE STATE OF NEW YORK A SUM NOT LESS THAN
 TEN  THOUSAND  DOLLARS  AND  NO  MORE  THAN ONE HUNDRED THOUSAND DOLLARS
 CONSTITUTING A CIVIL PENALTY FOR EACH AND EVERY OFFENSE AND, IN THE CASE
 OF A CONTINUING VIOLATION, EACH DAY  SHALL  BE  DEEMED  A  SEPARATE  AND
 DISTINCT OFFENSE.
   7. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE MADE BY EITHER A. THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE
 OF THE STATE OF NEW YORK, OR B. IN THE CASE OF  VOICE  SERVICE  PROVIDER
 SUBJECT  TO  THE  JURISDICTION  OF  THE  PUBLIC  SERVICE LAW, THE PUBLIC
 SERVICE COMMISSION, TO A COURT OR JUSTICE HAVING JURISDICTION, TO  ISSUE
 AN  INJUNCTION,  AND  UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE
 DAYS, TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS, AND FOR
 THE ENFORCEMENT OF THE PENALTIES PROVIDED IN THIS SECTION.
   8. WHEN THE DEPARTMENT HAS REASON TO BELIEVE A PERSON OR VOICE SERVICE
 PROVIDER HAS VIOLATED ANY PROVISION OF THIS SECTION, THE DEPARTMENT  MAY
 REQUEST  IN WRITING THE PRODUCTION OF RELEVANT DOCUMENTS AND RECORDS. IF
 THE PERSON UPON WHOM SUCH REQUEST WAS MADE FAILS TO  PRODUCE  THE  DOCU-
 MENTS OR RECORDS WITHIN FOURTEEN DAYS AFTER THE DATE OF THE REQUEST, THE
 DEPARTMENT  MAY  ISSUE  AND  SERVE SUBPOENAS TO COMPEL THE PRODUCTION OF
 SUCH DOCUMENTS AND RECORDS. IF ANY PERSON SHALL REFUSE TO COMPLY WITH  A
 SUBPOENA  ISSUED UNDER THIS SECTION, THE DEPARTMENT MAY PETITION A COURT
 OF COMPETENT JURISDICTION TO ENFORCE THE SUBPOENA  AND,  NOTWITHSTANDING
 ANY OTHER PROVISION OF LAW, TO REQUEST A CIVIL PENALTY NOT TO EXCEED ONE
 THOUSAND  DOLLARS  PER  DAY,  ACTUAL  DAMAGES SUSTAINED BY REASON OF THE
 FAILURE TO COMPLY, AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
   9. THE SECRETARY SHALL PROMULGATE ANY RULES OR  REGULATIONS  NECESSARY
 TO IMPLEMENT AND ENFORCE THE PROVISIONS OF THIS SECTION.
   10.  THE  PUBLIC  SERVICE COMMISSION MAY PROMULGATE ANY RULES OR REGU-
 LATIONS NECESSARY TO  IMPLEMENT  AND  ENFORCE  THE  PROVISIONS  OF  THIS
 SECTION.
   §  905.  USE  OF  AUTOMATIC TELEPHONE DIALING SYSTEMS AND PLACEMENT OF
 CONSUMER TELEPHONE CALLS. 1. NO PERSON SHALL OPERATE AN AUTOMATIC  TELE-
 PHONE  DIALING  SYSTEM, NOR PLACE ANY CONSUMER TELEPHONE CALL, EXCEPT IN
 ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE USE OF  SUCH  DEVICE
 BY  ANY  PERSON,  EITHER INDIVIDUALLY OR ACTING AS AN OFFICER, AGENT, OR

 S. 7508                            78                            A. 9508
 
 EMPLOYEE OF A PERSON OPERATING ANY AUTOMATIC TELEPHONE  DIALING  SYSTEM,
 IS SUBJECT TO THE PROVISIONS OF THIS SECTION.
   2. WHENEVER TELEPHONE CALLS ARE PLACED THROUGH THE USE OF AN AUTOMATIC
 TELEPHONE DIALING SYSTEM, SUCH DEVICE SHALL DO ALL OF THE FOLLOWING:
   A.  STATE  AT THE BEGINNING OF THE CALL THE NATURE OF THE CALL AND THE
 NAME OF THE PERSON OR ON WHOSE BEHALF THE MESSAGE IS  BEING  TRANSMITTED
 AND  AT THE END OF SUCH MESSAGE THE ADDRESS, AND TELEPHONE NUMBER OF THE
 PERSON ON WHOSE BEHALF THE MESSAGE IS TRANSMITTED, PROVIDED SUCH DISCLO-
 SURES ARE NOT OTHERWISE PROHIBITED OR RESTRICTED BY ANY  FEDERAL,  STATE
 OR LOCAL LAW; AND
   B.  DISCONNECT  THE  AUTOMATIC TELEPHONE DIALING SYSTEM FROM THE TELE-
 PHONE LINE UPON THE TERMINATION OF THE CALL BY EITHER THE PERSON CALLING
 OR THE PERSON CALLED.
   3. NO PERSON SHALL OPERATE AN AUTOMATIC TELEPHONE DIALING SYSTEM WHICH
 USES A RANDOM OR SEQUENTIAL NUMBER GENERATOR TO PRODUCE A NUMBER  TO  BE
 CALLED.
   4.  NO AUTOMATIC TELEPHONE DIALING SYSTEM SHALL BE USED TO CALL AND NO
 CONSUMER TELEPHONE CALL SHALL BE PLACED TO AN EMERGENCY  TELEPHONE  LINE
 INCLUDING  BUT  NOT  LIMITED  TO ANY 911 OR E-911 LINE, OR ANY EMERGENCY
 LINE OF ANY VOLUNTEER FIRE COMPANY OR  FIRE  DEPARTMENT;  ANY  EMERGENCY
 MEDICAL  SERVICE,  AMBULANCE  SERVICE,  VOLUNTARY  AMBULANCE  SERVICE OR
 HOSPITAL AMBULANCE SERVICE AS DEFINED IN SECTION THREE THOUSAND  ONE  OF
 THE PUBLIC HEALTH LAW; ANY HOSPITAL, NURSING HOME, OR RESIDENTIAL HEALTH
 CARE  FACILITY  AS  DEFINED  IN  SECTION TWENTY-EIGHT HUNDRED ONE OF THE
 PUBLIC HEALTH LAW; ANY ADULT CARE FACILITY AS DEFINED IN SECTION TWO  OF
 THE  SOCIAL  SERVICES LAW; OR ANY LAW ENFORCEMENT AGENCY OR TO THE TELE-
 PHONE LINE OF ANY GUEST ROOM OR PATIENT ROOM OF  ANY  HOSPITAL,  NURSING
 HOME,  OR RESIDENTIAL HEALTH CARE FACILITY AS DEFINED IN SECTION TWENTY-
 EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW, OR ANY ADULT  CARE  FACILITY
 AS  DEFINED  BY  SECTION  TWO  OF  THE SOCIAL SERVICES LAW. IT SHALL NOT
 CONSTITUTE A VIOLATION OF THIS SUBDIVISION IF THE PERSON WHO PLACES SUCH
 A CALL CAN AFFIRMATIVELY ESTABLISH THAT THE CALL WAS PLACED INADVERTENT-
 LY DESPITE GOOD FAITH EFFORTS ON THE PART OF SUCH PERSON TO COMPLY  WITH
 THE  PROVISIONS OF THIS SECTION AND SUCH PERSON HAS IMPLEMENTED A PROCE-
 DURE TO PREVENT SUBSEQUENT CALLS  FROM  BEING  PLACED  TO  A  PARTICULAR
 PROHIBITED TELEPHONE NUMBER.
   5. A TELEPHONE SOLICITOR SHALL NOT MAKE A CONSUMER TELEPHONE CALL TO A
 CONSUMER  UNLESS  THE TELEPHONE SOLICITOR CONFORMS WITH SUBPARAGRAPH (I)
 OF PARAGRAPH B OF SUBDIVISION FIVE OF SECTION NINE HUNDRED SIX  OF  THIS
 ARTICLE.  NOTHING  CONTAINED  HEREIN  SHALL  BE  DEEMED TO LIMIT, ANNUL,
 ALTER, OR AFFECT THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION.
   6. NO TELEPHONE SOLICITOR OR PERSON WHO PLACES ANY CONSUMER  TELEPHONE
 CALL  OR  WHO  OPERATES  AN  AUTOMATIC  TELEPHONE  DIALING SYSTEM AND NO
 EMPLOYER OF ANY SUCH TELEPHONE SOLICITOR OR PERSON  SHALL  INTENTIONALLY
 CAUSE  TO  BE  INSTALLED,  OR  SHALL INTENTIONALLY UTILIZE, ANY BLOCKING
 DEVICE OR SERVICE TO PREVENT THE NAME AND/OR TELEPHONE  NUMBER  OF  SUCH
 SOLICITOR  OR  PERSON, OR THE NAME AND/OR TELEPHONE NUMBER OF HIS OR HER
 EMPLOYER, FROM BEING DISPLAYED ON A CALLER IDENTIFICATION DEVICE OF  THE
 RECIPIENT  OF  ANY  SUCH  CONSUMER  TELEPHONE  CALL. A VIOLATION OF THIS
 SUBDIVISION SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION  EIGHT  OF
 THIS SECTION.
   7. A. FEDERAL, STATE OR LOCAL MUNICIPALITIES, OR ANY SUBDIVISION THER-
 EOF,  USING AN AUTOMATIC TELEPHONE DIALING SYSTEM FOR EMERGENCY PURPOSES
 SHALL BE EXEMPTED FROM THE PROVISIONS OF THIS SECTION.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 ANY  ENTITY  WHICH  OPERATES  A  TELEPHONE WARNING OR ALERT SYSTEM WHICH

 S. 7508                            79                            A. 9508
 
 UTILIZES ANY SUCH DEVICE FOR EMERGENCY PURPOSES SHALL ALSO  BE  EXEMPTED
 FROM THE PROVISIONS OF THIS SECTION.
   8. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY  BE  MADE  BY  THE ATTORNEY-GENERAL IN THE NAME OF THE PEOPLE OF THE
 STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
 INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
 TO  ENJOIN  AND  RESTRAIN  THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT
 SHALL APPEAR TO THE SATISFACTION OF  THE  COURT  OR  JUSTICE,  THAT  THE
 DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS  SECTION AN INJUNCTION MAY BE
 ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER
 VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
 INJURED OR DAMAGED THEREBY. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE
 ALLOWANCES  TO  THE  ATTORNEY-GENERAL  AS  PROVIDED  IN PARAGRAPH SIX OF
 SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
 TICE LAW AND RULES, AND DIRECT RESTITUTION.  WHENEVER  THE  COURT  SHALL
 DETERMINE  THAT  A  VIOLATION  OF SUBDIVISION TWO, THREE OR FOUR OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
 THAN TWO THOUSAND DOLLARS PER CALL, UP TO A TOTAL OF NOT MORE THAN TWEN-
 TY  THOUSAND DOLLARS, FOR CALLS PLACED IN VIOLATION OF SUCH SUBDIVISIONS
 WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD.  WHENEVER THE  COURT  SHALL
 DETERMINE  THAT  A  VIOLATION  OF SUBDIVISION FIVE OF THIS SECTION, OR A
 VIOLATION OF SUBDIVISION SIX OF THIS SECTION, HAS  OCCURRED,  THE  COURT
 MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TWO THOUSAND DOLLARS. IN
 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTORNEY-GENERAL  IS
 AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
 RULES.
   9.  IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY-GENERAL
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS RECEIVED A  TELEPHONE  CALL
 IN VIOLATION OF SUBDIVISION TWO, THREE OR FOUR OF THIS SECTION MAY BRING
 AN ACTION IN SUCH PERSON'S OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRAC-
 TICE,  AN ACTION TO RECOVER SUCH PERSON'S ACTUAL DAMAGES OR FIVE HUNDRED
 DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS. THE COURT  MAY,  IN
 ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN AMOUNT NOT TO EXCEED
 THREE  TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND DOLLARS, IF THE COURT
 FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED  SUCH  SUBDIVISIONS.
 THE  COURT  MAY  AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAIN-
 TIFF. ANY DAMAGES RECOVERABLE PURSUANT TO THIS SECTION MAY BE  RECOVERED
 IN  ANY  ACTION  WHICH  A  COURT  MAY AUTHORIZE TO BE BROUGHT AS A CLASS
 ACTION PURSUANT TO ARTICLE NINE OF THE CIVIL PRACTICE LAW AND RULES.
   § 906. TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION  ACT.  1.
 LEGISLATIVE FINDINGS AND DECLARATION. THE LEGISLATURE FINDS AND DECLARES
 THAT  THE  PREVENTION  OF  DECEPTIVE AND UNFAIR PRACTICES IN ASSOCIATION
 WITH TELEMARKETING IS IN THE PUBLIC INTEREST AND SUBJECT TO THE AUTHORI-
 TY OF APPROPRIATE POLITICAL SUBDIVISIONS OF THE STATE FOR THE PURPOSE OF
 PROTECTING THE PUBLIC AGAINST FRAUD, DECEPTION  AND  OTHER  ABUSES.  THE
 LEGISLATURE  INTENDS  THAT  THE FEDERAL TELEMARKETING AND CONSUMER FRAUD
 AND ABUSE PREVENTION ACT (P.L. 103-297) BE FULLY ENFORCEABLE  BY  APPRO-
 PRIATE STATE AND LOCAL ENFORCEMENT OFFICIALS.
   THE LEGISLATURE FURTHER DECLARES THAT ADDITIONAL REQUIREMENTS APPLICA-
 BLE TO THE TELEMARKETING INDUSTRY NOT PRESENT IN THE FEDERAL STATUTE ARE
 NECESSARY  TO PROTECT RESIDENTS OF THE STATE AND OTHERS FROM TELEMARKET-
 ING ABUSES. THE LEGISLATURE THEREFORE INTENDS THAT  PROVISIONS  IN  THIS
 SECTION  WHICH  DIFFER FROM THE AFOREMENTIONED FEDERAL ACT AND OTHER NEW
 YORK STATE LAWS REGULATING TELEMARKETING BE CONSTRUED  WHENEVER  REASON-

 S. 7508                            80                            A. 9508
 
 ABLE  AS  PROVIDING  ADDITIONAL  PROTECTIONS TO VICTIMS OF TELEMARKETING
 FRAUD.
   2.  REGISTRATION  OF  TELEMARKETERS. A. NO PERSON SHALL ACT AS A TELE-
 MARKETER WITHOUT FIRST HAVING RECEIVED  A  CERTIFICATE  OF  REGISTRATION
 FROM THE SECRETARY AS PROVIDED IN THIS SECTION. EMPLOYEES OF TELEMARKET-
 ERS  SHALL  BE  EXEMPT FROM THE REQUIREMENTS OF THIS PARAGRAPH AND PARA-
 GRAPH B OF THIS SUBDIVISION.
   B. NO PERSON REQUIRED TO REGISTER PURSUANT  TO  PARAGRAPH  A  OF  THIS
 SUBDIVISION  SHALL ACT AS A TELEMARKETER WITHOUT HOLDING A VALID CERTIF-
 ICATE OF REGISTRATION FROM THE SECRETARY AS PROVIDED IN THIS SECTION.
   C. ANY APPLICANT SHALL FILE WITH THE DEPARTMENT AN APPLICATION  FOR  A
 CERTIFICATE OF REGISTRATION IN SUCH FORM AND CONTAINING SUCH INFORMATION
 AS THE SECRETARY SHALL PRESCRIBE, INCLUDING THE FOLLOWING:
   (I) THE APPLICANT'S NAME, ADDRESS AND TELEPHONE NUMBER;
   (II)  EACH  BUSINESS  NAME  UNDER  WHICH  THE  APPLICANT ENGAGES IN OR
 INTENDS TO ENGAGE IN TELEMARKETING, IF SUCH NAME IS DIFFERENT  THAN  THE
 APPLICANT'S;
   (III) THE COMPLETE STREET ADDRESS AND PRIMARY TELEPHONE NUMBER OF EACH
 LOCATION,  DESIGNATING  THE PRINCIPAL LOCATION, FROM WHICH THE APPLICANT
 ENGAGES IN  OR  INTENDS  TO  ENGAGE  IN  TELEMARKETING,  INCLUDING  EACH
 LOCATION  AT  WHICH  MAIL WILL BE RECEIVED BY OR ON BEHALF OF THE APPLI-
 CANT, AND IDENTIFYING ANY SUCH LOCATION THAT IS A  POST  OFFICE  BOX  OR
 MAIL DROP;
   (IV)  THE  NAME, ADDRESS AND TELEPHONE NUMBER OF EACH PRINCIPAL OF THE
 BUSINESS;
   (V) WHETHER THE APPLICANT OR ANY PRINCIPAL THEREOF HAS BEEN  CONVICTED
 OR  PLEAD  GUILTY TO OR IS BEING PROSECUTED BY INDICTMENT OR INFORMATION
 FOR RACKETEERING, VIOLATIONS OF SECURITIES LAWS, OR A THEFT  OFFENSE  OF
 ANY STATE, OR THE UNITED STATES;
   (VI)  WHETHER ANY INJUNCTION OR JUDGMENT HAS BEEN ENTERED INTO AGAINST
 THE APPLICANT OR ANY PRINCIPAL,  OR  SUCH  APPLICANT  OR  PRINCIPAL  HAS
 ENTERED  INTO  A  SETTLEMENT  AGREEMENT,  ASSURANCE  OF  DISCONTINUANCE,
 CONSENT DECREE OR ANY SIMILAR INSTRUMENT IN ANY CIVIL  ACTION  INVOLVING
 THEFT, RACKETEERING, EMBEZZLEMENT, CONVERSION, MISAPPROPRIATION OF PROP-
 ERTY, FRAUD, OR DECEPTIVE, UNFAIR, ILLEGAL OR UNCONSCIONABLE TRADE PRAC-
 TICES, AND WHETHER ANY CIVIL ACTION INVOLVING SUCH PRACTICES IS CURRENT-
 LY  PENDING,  TO  THE  EXTENT  NOT  INCONSISTENT WITH ANY EXISTING COURT
 ORDERS; AND
   (VII) WHETHER THE LICENSE TO ENGAGE IN ANY BUSINESS, TRADE OR  PROFES-
 SION  OF  THE  APPLICANT  OR  ANY  PRINCIPAL  THEREOF  HAS BEEN REFUSED,
 SUSPENDED OR REVOKED IN ANY JURISDICTION.
   D. UPON RECEIPT OF THE  COMPLETED  APPLICATION  FOR  REGISTRATION  AND
 REQUIRED  FEE,  AND  UNLESS  SUCH  CERTIFICATE  OF REGISTRATION HAS BEEN
 DENIED AS PROVIDED IN SUBDIVISION FOUR OF THIS  SECTION,  THE  SECRETARY
 SHALL  ISSUE AND DELIVER TO THE APPLICANT A CERTIFICATE IN SUCH FORM AND
 MANNER AS THE SECRETARY SHALL PRESCRIBE, BUT WHICH MUST  SET  FORTH  THE
 APPLICANT'S NAME, BUSINESS ADDRESS, AND THE EFFECTIVE TERM OF THE REGIS-
 TRATION.   A  REGISTRATION  CERTIFICATE  ISSUED  OR  RENEWED  UNDER  THE
 PROVISIONS OF THIS SECTION SHALL ENTITLE A PERSON TO ACT AS A REGISTERED
 TELEMARKETER FOR A PERIOD OF TWO YEARS FROM THE EFFECTIVE  DATE  OF  THE
 REGISTRATION.
   E.  ANY  REGISTRATION GRANTED UNDER THIS SECTION MAY BE RENEWED BY THE
 SECRETARY UPON APPLICATION BY THE HOLDER THEREOF, IN SUCH  FORM  AS  THE
 SECRETARY  MAY  PRESCRIBE.  THE  SECRETARY  SHALL  HAVE THE AUTHORITY TO
 ASSIGN STAGGERED EXPIRATION DATES FOR LICENSES AT THE TIME  OF  RENEWAL.
 IF  THE  ASSIGNED  DATE  RESULTS  IN  A TERM THAT EXCEEDS TWO YEARS, THE

 S. 7508                            81                            A. 9508
 
 APPLICANT SHALL PAY AN ADDITIONAL PRO-RATA ADJUSTMENT TOGETHER WITH  THE
 FEE PRESCRIBED IN PARAGRAPH F OF THIS SUBDIVISION.
   F.  EACH APPLICATION FOR A CERTIFICATE OF REGISTRATION SHALL BE ACCOM-
 PANIED BY A FEE OF FIVE HUNDRED DOLLARS, WHICH SHALL NOT BE REFUNDABLE.
   G. THE FEES COLLECTED PURSUANT TO THIS SUBDIVISION SHALL BE  DEPOSITED
 TO THE CREDIT OF THE BUSINESS AND LICENSING SERVICES ACCOUNT ESTABLISHED
 PURSUANT  TO  THE  PROVISIONS  OF  SECTION  NINETY-SEVEN-Y  OF THE STATE
 FINANCE LAW.
   H. ANY PERSON HOLDING A CERTIFICATE OF REGISTRATION SHALL BE  REQUIRED
 TO  PROVIDE  NOTICE  OF ANY CHANGE IN THE INFORMATION REQUIRED OF APPLI-
 CANTS BY THIS SECTION, IN SUCH FORM AND MANNER,  AND  WITHIN  SUCH  TIME
 PERIOD AS THE SECRETARY SHALL PRESCRIBE.
   I. NO PERSON REQUIRED TO BE REGISTERED UNDER THIS SUBDIVISION SHALL BE
 ENTITLED TO ENFORCE ANY AGREEMENT OR SEEK ANY CONSIDERATION OR ANY OTHER
 PAYMENT FOR GOODS AND SERVICES OFFERED THROUGH TELEMARKETING UNLESS SUCH
 PERSON  IS  IN  COMPLIANCE WITH THIS SUBDIVISION AND SUBDIVISION FOUR OF
 THIS SECTION.
   J. THE SECRETARY MAY PRESCRIBE RULES  AND  REGULATIONS  TO  ADMINISTER
 THIS SUBDIVISION AND SUBDIVISION FOUR OF THIS SECTION.
   3.  BONDING  OF  TELEMARKETERS. A. ANY APPLICANT SHALL, AT THE TIME OF
 ANY ORIGINAL APPLICATION FOR A CERTIFICATE OF  REGISTRATION,  FILE  WITH
 THE  SECRETARY, IN THE FORM AND AMOUNT AS PRESCRIBED IN THIS SUBDIVISION
 AND SATISFACTORY TO THE SECRETARY:
   (I) A BOND WITH A CORPORATE SURETY, FROM A COMPANY  AUTHORIZED  TO  DO
 BUSINESS IN THIS STATE; OR
   (II)  AN IRREVOCABLE LETTER OF CREDIT OR A CERTIFICATE OF DEPOSIT FROM
 A NEW YORK STATE OR FEDERALLY CHARTERED  BANK,  TRUST  COMPANY,  SAVINGS
 BANK  OR  SAVINGS  AND  LOAN ASSOCIATION QUALIFIED TO DO BUSINESS IN NEW
 YORK STATE AND INSURED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.
   B. SUCH BOND, LETTER OF CREDIT, OR CERTIFICATE  OF  DEPOSIT  SHALL  BE
 MAINTAINED  FOR  THREE YEARS FROM THE DATE THE TELEMARKETER CEASES TELE-
 MARKETING, OR THREE YEARS FROM THE DATE THE CERTIFICATE OF  REGISTRATION
 TERMINATES, WHICHEVER IS EARLIER.
   C.  THE PRINCIPAL SUM OF THE BOND, LETTER OF CREDIT, OR CERTIFICATE OF
 DEPOSIT SHALL BE TWENTY-FIVE THOUSAND DOLLARS, WHICH SHALL BE MAINTAINED
 UNTIL THE PERIOD SPECIFIED IN PARAGRAPH B OF THIS  SUBDIVISION,  SUBJECT
 TO PARAGRAPH G OF THIS SUBDIVISION.
   D. THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT SHALL BE PAYA-
 BLE  IN  FAVOR OF THE PEOPLE OF THE STATE OF NEW YORK FOR THE BENEFIT OF
 ANY CUSTOMER INJURED AS A RESULT OF A VIOLATION OF THIS SECTION,  PURSU-
 ANT  TO  A DETERMINATION OF ANY COURT OF COMPETENT JURISDICTION PURSUANT
 TO THIS SECTION, OR ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW.
   E. THE AGGREGATE LIABILITY OF THE SURETY UPON THE BOND OR THE  BANKING
 ORGANIZATION  UPON THE LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT TO ALL
 PERSONS FOR ALL BREACHES OF THE CONDITIONS OF THE BOND SHALL IN NO EVENT
 EXCEED THE AMOUNT OF THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOS-
 IT.
   F. THE BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT SHALL  NOT  BE
 CANCELED,  REVOKED, DIMINISHED OR TERMINATED EXCEPT AFTER NOTICE TO, AND
 WITH THE CONSENT OF, THE SECRETARY AT LEAST FORTY-FIVE DAYS  IN  ADVANCE
 OF  SUCH  CANCELLATION,  REVOCATION,  OR TERMINATION. UNLESS THE BOND IS
 REPLACED BY ANOTHER BOND, LETTER OF CREDIT OR CERTIFICATE OF DEPOSIT  IN
 CONFORMITY  WITH  THIS SUBDIVISION PRIOR TO THE EXPIRATION OF THE FORTY-
 FIVE DAY PERIOD, THE REGISTRATION OF THE TELEMARKETER SHALL  BE  TREATED
 AS  TERMINATED  AS OF THE CANCELLATION, REVOCATION OR TERMINATION OF THE
 BOND.

 S. 7508                            82                            A. 9508
 
   G. THE REGISTRATION OF THE TELEMARKETER SHALL BE TREATED AS TERMINATED
 AS OF THE DATE THE AMOUNT OF THE BOND, LETTER OF CREDIT  OR  CERTIFICATE
 OF DEPOSIT FALLS BELOW THE AMOUNT REQUIRED BY THIS SUBDIVISION.
   H. ANY CHANGE IN OWNERSHIP OF A TELEMARKETER SHALL NOT RELEASE, CANCEL
 OR  TERMINATE LIABILITY UNDER THIS SUBDIVISION UNDER ANY BOND, LETTER OF
 CREDIT, OR CERTIFICATE OF DEPOSIT FILED FOR ANY TELEMARKETER AS  TO  ANY
 CUSTOMER  WHO  WAS INJURED AS A RESULT OF A VIOLATION OF THIS SECTION OR
 ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW WHILE SUCH  BOND,  LETTER  OF
 CREDIT  OR  CERTIFICATE OF DEPOSIT WAS IN EFFECT UNLESS SUCH TRANSFEREE,
 PURCHASER, SUCCESSOR OR ASSIGNEE OF SUCH TELEMARKETER  OBTAINS  A  BOND,
 LETTER  OF  CREDIT  OR CERTIFICATE OF DEPOSIT UNDER THIS SUBDIVISION FOR
 THE BENEFIT OF  SUCH  CUSTOMER.  NOTHING  IN  THIS  PARAGRAPH  SHALL  BE
 CONSTRUED  TO  AUTHORIZE  ANY TELEMARKETER TO CANCEL ANY BOND, LETTER OF
 CREDIT, OR CERTIFICATE OF DEPOSIT WHERE SUCH CANCELLATION IS NOT  OTHER-
 WISE AUTHORIZED BY THIS SUBDIVISION.
   4.  REFUSAL  TO  ISSUE, SUSPENSION, AND REVOCATION OF REGISTRATION. A.
 THE SECRETARY, OR ANY PERSON DEPUTIZED OR SO DESIGNATED BY  HIM  OR  HER
 MAY  DENY  THE  APPLICATION OF ANY PERSON FOR A CERTIFICATE OF REGISTRA-
 TION, REFUSE TO ISSUE A RENEWAL THEREOF, SUSPEND OR REVOKE SUCH  CERTIF-
 ICATE  OR  IN  LIEU  THEREOF  ASSESS  A  FINE NOT TO EXCEED ONE THOUSAND
 DOLLARS PER VIOLATION, IF HE OR SHE DETERMINES THAT SUCH  APPLICANT,  OR
 ANY OF ITS PRINCIPALS:
   (I)  HAS MADE A MATERIAL FALSE STATEMENT OR OMITTED A MATERIAL FACT IN
 CONNECTION WITH AN APPLICATION UNDER THIS SECTION;
   (II) WAS THE FORMER HOLDER OF A  CERTIFICATE  OF  REGISTRATION  ISSUED
 HEREUNDER WHICH THE SECRETARY REVOKED, SUSPENDED, OR REFUSED TO RENEW;
   (III)  HAS  FAILED TO FURNISH SATISFACTORY EVIDENCE OF GOOD CHARACTER,
 REPUTATION AND FITNESS;
   (IV) WITH RESPECT TO THE APPLICANT, IS NOT THE TRUE OWNER OF THE TELE-
 MARKETER, EXCEPT IN THE CASE OF A FRANCHISE;
   (V) IS IN VIOLATION OF OR HAS VIOLATED ANY OF THE  FOLLOWING  STATUTES
 AND  THE  REGULATIONS  THEREUNDER,  AS SUCH STATUTES AND REGULATIONS MAY
 FROM TIME TO TIME BE AMENDED:
   (A) THIS SECTION;
   (B) ARTICLE TEN-B OF THE PERSONAL PROPERTY LAW;
   (C) THE ACT OF CONGRESS ENTITLED THE "TELEMARKETING AND CONSUMER FRAUD
 AND ABUSE PREVENTION ACT" (P.L. 103-297);
   (VI) HAS BEEN CONVICTED OR PLEAD GUILTY TO OR IS BEING  PROSECUTED  BY
 INDICTMENT  OR  INFORMATION  FOR  RACKETEERING, VIOLATIONS OF SECURITIES
 LAWS, OR A THEFT OFFENSE OF THIS STATE, OR THE UNITED STATES;
   (VII) HAS HAD ANY INJUNCTION OR JUDGMENT ENTERED AGAINST HIM OR HER IN
 ANY CIVIL ACTION, OR SUCH APPLICANT OR  PRINCIPAL  HAS  ENTERED  INTO  A
 SETTLEMENT AGREEMENT, ASSURANCE OF DISCONTINUANCE, CONSENT DECREE OR ANY
 SIMILAR  INSTRUMENT INVOLVING THEFT, RACKETEERING, EMBEZZLEMENT, CONVER-
 SION, MISAPPROPRIATION OF PROPERTY, FRAUD OR DECEPTIVE, UNFAIR,  ILLEGAL
 OR UNCONSCIONABLE TRADE PRACTICES;
   (VIII)  HAS  HAD  A LICENSE OR REGISTRATION TO ENGAGE IN ANY BUSINESS,
 OCCUPATION OR PROFESSION SUSPENDED OR REVOKED IN ANY JURISDICTION  WHICH
 MAY  IMPACT  UPON  THE  APPLICANT'S  FITNESS FOR REGISTRATION UNDER THIS
 SECTION; OR
   (IX) HAS COMMITTED, OR IS COMMITTING  DECEPTIVE,  UNFAIR,  ILLEGAL  OR
 UNCONSCIONABLE  TRADE  PRACTICES IN VIOLATION OF THE LAWS OF THIS OR ANY
 OTHER STATE OR THE UNITED STATES.
   B. ANY PROCEEDING CONDUCTED PURSUANT TO PARAGRAPH A OF  THIS  SUBDIVI-
 SION SHALL BE SUBJECT TO THE STATE ADMINISTRATIVE PROCEDURE ACT.

 S. 7508                            83                            A. 9508
 
   5. DECEPTIVE TELEMARKETING ACTS AND PRACTICES. A. IT SHALL BE UNLAWFUL
 FOR  ANY  TELEMARKETER TO DIRECTLY OR INDIRECTLY ENGAGE IN THE FOLLOWING
 CONDUCT:
   (I)  FAIL  TO FURNISH A COPY OF THE CERTIFICATE OF REGISTRATION AT THE
 REQUEST OF ANY INTERESTED PARTY;
   (II) PRESENT OR ATTEMPT TO PRESENT, AS  THEIR  OWN,  THE  REGISTRATION
 CERTIFICATE OF ANOTHER;
   (III) GIVE FALSE OR MISLEADING INFORMATION;
   (IV) MISREPRESENT HIMSELF OR HERSELF TO BE REGISTERED;
   (V)  USE  OR  ATTEMPT TO USE A REGISTRATION CERTIFICATE WHICH HAS BEEN
 REVOKED, SUSPENDED OR IS OTHERWISE NOT VALID;
   (VI) ADVERTISE TELEMARKETING SERVICES WITHOUT HAVING A  VALID  CERTIF-
 ICATE OF REGISTRATION UNDER THIS SECTION;
   (VII) REPRESENT IN ANY MANNER THAT HIS OR HER REGISTRATION CONSTITUTES
 APPROVAL OR ENDORSEMENT OF ANY GOVERNMENTAL AGENCY;
   (VIII) ASSIST OR SUPPORT ANY PERSON WHEN THE TELEMARKETER OR ANY IDEN-
 TIFIED EMPLOYEE KNEW OR SHOULD HAVE KNOWN THAT THE PERSON WAS ENGAGED IN
 AN  ACT OR PRACTICE IN VIOLATION OF THIS SECTION OR ARTICLE TEN-B OF THE
 PERSONAL PROPERTY LAW;
   (IX) REQUEST A FEE IN ADVANCE TO REMOVE ADVERSE INFORMATION OR  MODIFY
 ADVERSE  INFORMATION  TO  IMPROVE  A  PERSON'S  CREDIT HISTORY OR CREDIT
 RECORD;
   (X) EXCEPT FOR AN ATTORNEY ENGAGED IN THE PRACTICE OF LAW, REQUEST  OR
 RECEIVE  PAYMENT IN ADVANCE FROM A PERSON TO RECOVER OR OTHERWISE AID IN
 THE RETURN OF MONEY OR ANY OTHER ITEM LOST BY THE CUSTOMER  IN  A  PRIOR
 TELEMARKETING TRANSACTION;
   (XI)  OBTAIN  OR  SUBMIT  FOR PAYMENT A CHECK, DRAFT, OR OTHER FORM OF
 NEGOTIABLE PAPER DRAWN ON A PERSON'S CHECKING, SAVINGS, SHARE, OR  SIMI-
 LAR ACCOUNT, WITHOUT THAT PERSON'S EXPRESS WRITTEN AUTHORIZATION;
   (XII)  PROCURE  THE  SERVICES OF ANY PROFESSIONAL DELIVERY, COURIER OR
 OTHER PICKUP SERVICE TO OBTAIN RECEIPT OR  POSSESSION  OF  A  CUSTOMER'S
 PAYMENT,  UNLESS THE GOODS OR SERVICES ARE DELIVERED WITH THE REASONABLE
 OPPORTUNITY TO INSPECT BEFORE ANY PAYMENT IS COLLECTED; OR
   (XIII) MISREPRESENT, DIRECTLY OR BY IMPLICATION, THAT A PREMIUM  IS  A
 PRIZE.
   B.  TELEMARKETERS SHALL PROVIDE ALL OF THE FOLLOWING INFORMATION, IN A
 CLEAR AND COHERENT MANNER USING WORDS WITH COMMON AND EVERYDAY MEANINGS,
 WHEN MAKING A TELEMARKETING CALL:
   (I) AT THE BEGINNING OF THE CALL AND PRIOR TO ANY REQUEST BY THE CALL-
 ER OF THE CUSTOMER TO RELEASE OR DISCLOSE ANY OF THE CUSTOMER'S PERSONAL
 OR FINANCIAL INFORMATION, INCLUDING BUT NOT LIMITED, TO  THE  CUSTOMER'S
 NAME,  ADDRESS, CREDIT CARD, CHECKING ACCOUNT OR OTHER FINANCIAL ACCOUNT
 NUMBER OR INFORMATION:
   (A) THAT THE PURPOSE OF THE  TELEPHONE  CALL  IS  TO  OFFER  GOODS  OR
 SERVICES  FOR  WHICH  A  FEE WILL BE CHARGED OR TO PROVIDE AN INVESTMENT
 OPPORTUNITY, WHICHEVER IS THE CASE;
   (B) THE TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE  SOLIC-
 ITATION IS BEING MADE IF OTHER THAN THE TELEMARKETER;
   (C)  THE  IDENTITY  OF  THE  GOODS OR SERVICES FOR WHICH A FEE WILL BE
 CHARGED; AND
   (D) WHETHER THE CALL IS BEING RECORDED.
   (II) THE COST OF THE GOODS OR SERVICES THAT ARE  THE  SUBJECT  OF  THE
 CALL.
   (III)  IN  ANY  PRIZE PROMOTION, THE ODDS OF BEING ABLE TO RECEIVE THE
 PRIZE, AND IF THE ODDS ARE NOT CALCULABLE IN ADVANCE, THE  FACTORS  USED
 IN  CALCULATING THE ODDS; THAT NO PURCHASE OR PAYMENT IS REQUIRED TO WIN

 S. 7508                            84                            A. 9508
 
 A PRIZE OR TO PARTICIPATE IN A PRIZE PROMOTION; AND THE  NO  PURCHASE/NO
 PAYMENT  METHOD  OF  PARTICIPATING  IN  THE  PRIZE PROMOTION WITH EITHER
 INSTRUCTIONS ON HOW TO PARTICIPATE OR AN ADDRESS OR LOCAL  OR  TOLL-FREE
 TELEPHONE NUMBER TO WHICH CUSTOMERS MAY WRITE OR CALL FOR INFORMATION ON
 HOW  TO  PARTICIPATE; AND ALL MATERIAL COSTS OR CONDITIONS TO RECEIVE OR
 REDEEM A PRIZE THAT IS THE SUBJECT OF THE PRIZE PROMOTION.
   6. ABUSIVE TELEMARKETING ACTS OR PRACTICES. IT SHALL BE  UNLAWFUL  FOR
 ANY TELEMARKETER TO:
   A. THREATEN, INTIMIDATE OR USE PROFANE OR OBSCENE LANGUAGE;
   B.  ENGAGE IN CONDUCT OR BEHAVIOR A REASONABLE PERSON WOULD DEEM TO BE
 ABUSIVE OR HARASSING;
   C. INITIATE A TELEMARKETING CALL TO A PERSON,  WHEN  THAT  PERSON  HAS
 STATED  PREVIOUSLY  THAT HE OR SHE DOES NOT WISH TO RECEIVE SOLICITATION
 CALLS FROM THAT TELEMARKETER PROVIDED,  HOWEVER  THAT  NOTHING  IN  THIS
 SECTION SHALL BE CONSTRUED TO PROHIBIT A TELEMARKETER FROM TELEMARKETING
 GOODS,  SERVICES  OR  INVESTMENT  OPPORTUNITIES  TO  ANY CUSTOMER OF ANY
 AFFILIATE, SUBSIDIARY OR PARENT OF SUCH TELEMARKETER;
   D. ENGAGE IN TELEMARKETING TO A PERSON'S RESIDENCE AT ANY  TIME  OTHER
 THAN BETWEEN 8:00 A.M.  AND 9:00 P.M. LOCAL TIME, AT THE CALLED PERSON'S
 LOCATION; OR
   E.  MAKE  A  FALSE, DECEPTIVE OR MISLEADING STATEMENT IN REGARD TO THE
 REQUIREMENTS OF SUBDIVISION FIVE OF THIS SECTION TO A  CUSTOMER,  OR  TO
 ENGAGE  IN  ANY  DECEPTIVE OR UNFAIR ACT OR PRACTICE IN ASSOCIATION WITH
 TELEMARKETING.
   F. MAKE AN UNSOLICITED TELEMARKETING SALES CALL TO  ANY  PERSON  IN  A
 COUNTY,  CITY, TOWN OR VILLAGE KNOWINGLY UNDER A DECLARED STATE OF EMER-
 GENCY OR DISASTER EMERGENCY AS DESCRIBED IN SECTION TWENTY-FOUR OR TWEN-
 TY-EIGHT OF THE EXECUTIVE LAW.
   7. UNLAWFUL TRANSMISSION OF CERTAIN CALLER IDENTIFICATION INFORMATION.
 IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO  KNOWINGLY  CAUSE
 ANY  VOICE  SERVICE  PROVIDING CALLER IDENTIFICATION SERVICE TO TRANSMIT
 MISLEADING, INACCURATE,  OR  FALSE  CALLER  IDENTIFICATION  INFORMATION,
 PROVIDED  THAT  IT  SHALL NOT BE A VIOLATION TO SUBSTITUTE (FOR THE NAME
 AND PHONE NUMBER USED IN, OR BILLED FOR, MAKING THE CALL)  THE  NAME  OR
 TELEPHONE  NUMBER  OF THE PERSON OR SELLER ON BEHALF OF WHICH A TELEMAR-
 KETING CALL IS PLACED.
   8. RECORDKEEPING REQUIREMENTS. A. ALL TELEMARKETERS SHALL KEEP  FOR  A
 PERIOD  OF  TWENTY-FOUR  MONTHS  FROM  THE  DATE  THE RECORD IS PRODUCED
 RECORDS OF ALL FINANCIAL TRANSACTIONS, WRITTEN NOTICES, DISCLOSURES  AND
 ACKNOWLEDGMENTS, INCLUDING BUT NOT LIMITED TO:
   (I)  RECORDS OF CALLS RESULTING IN A PROMISE BY THE CUSTOMER TO PAY OR
 OTHERWISE EXCHANGE CONSIDERATION FOR GOODS AND SERVICES,  INCLUDING  BUT
 NOT  LIMITED  TO  THE  NAME AND LAST KNOWN ADDRESS OF EACH CUSTOMER, THE
 GOODS OR SERVICES SELECTED, THE DATE SUCH GOODS WERE SHIPPED OR PROVIDED
 AND THE QUANTITY PROVIDED, THE AMOUNT CHARGED BY  THE  COMPANY  FOR  THE
 GOODS  OR SERVICES PROVIDED, INCLUDING ALL OTHER RELATED FEES OR CHARGES
 OF ANY KIND, INCLUDING SHIPPING AND HANDLING FEES, AND THE AMOUNT  ACTU-
 ALLY PAID BY THE CUSTOMER FOR THE GOODS AND SERVICES PROVIDED;
   (II)  THE  NAME AND LAST KNOWN ADDRESS OF EACH PRIZE RECIPIENT AND THE
 PRIZE AWARDED HAVING A VALUE OF TWENTY-FIVE DOLLARS OR MORE; AND
   (III) THE NAME, ANY FICTITIOUS NAME USED, THE LAST KNOWN HOME  ADDRESS
 AND  TELEPHONE  NUMBER,  AND  THE  JOB  TITLE FOR ALL CURRENT AND FORMER
 EMPLOYEES DIRECTLY INVOLVED IN TELEPHONE SALES; PROVIDED, HOWEVER,  THAT
 IF  THE  TELEMARKETER  PERMITS FICTITIOUS NAMES TO BE USED BY EMPLOYEES,
 EACH FICTITIOUS NAME MUST BE TRACEABLE TO ONLY ONE SPECIFIC EMPLOYEE.

 S. 7508                            85                            A. 9508
 
   B. A TELEMARKETER MAY KEEP THE RECORDS REQUIRED BY PARAGRAPH A OF THIS
 SUBDIVISION IN ANY FORM, AND IN THE MANNER, FORMAT,  OR  PLACE  AS  THEY
 KEEP SUCH RECORDS IN THE ORDINARY COURSE OF BUSINESS.
   C.   IN   THE   EVENT   OF  ANY  DISSOLUTION  OR  TERMINATION  OF  THE
 TELEMARKETER'S BUSINESS, A  REPRESENTATIVE  OF  THE  TELEMARKETER  SHALL
 MAINTAIN  ALL RECORDS AS REQUIRED UNDER THIS SUBDIVISION, WHICH SHALL BE
 THE PERSON REQUIRED TO MAINTAIN SUCH RECORDS IN THE EVENT OF DISSOLUTION
 OR TERMINATION UNDER RULES AND  REGULATIONS  ISSUED  UNDER  THE  ACT  OF
 CONGRESS  ENTITLED  THE  "TELEMARKETING  AND  CONSUMER  FRAUD  AND ABUSE
 PREVENTION ACT" (P.L. 103-297), OR ANY PERSON DESIGNATED  BY  THE  TELE-
 MARKETER. IN THE EVENT OF ANY SALE, ASSIGNMENT OR OTHER CHANGE OF OWNER-
 SHIP  OF  THE  TELEMARKETER'S  BUSINESS, THE SUCCESSOR OR ASSIGNEE SHALL
 MAINTAIN ALL RECORDS REQUIRED BY THIS SUBDIVISION. IN ANY CASE IN  WHICH
 THIS  PARAGRAPH  APPLIES,  THE  TELEMARKETER SHALL PROVIDE NOTICE TO THE
 SECRETARY, IN THE FORM AND MANNER DESIGNATED BY  THE  SECRETARY  OF  THE
 DISPOSITION  OF  SUCH  RECORDS  WITHIN  THIRTY  DAYS OF THE DISSOLUTION,
 TERMINATION, SALE, ASSIGNMENT OR CHANGE OF OWNERSHIP.
   9. WAIVER. ANY WAIVER OF THE PROVISIONS OF THIS SECTION BY ANY CUSTOM-
 ER SHALL BE UNENFORCEABLE AND VOID.
   10. EXEMPTIONS. A. THE FOLLOWING PERSONS  SHALL  BE  EXEMPT  FROM  THE
 REGISTRATION  AND BONDING REQUIREMENTS SET FORTH IN SUBDIVISIONS TWO AND
 THREE OF THIS SECTION:
   (I) THE STATE, MUNICIPALITIES OF THE STATE, OR ANY DEPARTMENT OR DIVI-
 SION OF THE STATE OR SUCH MUNICIPALITIES;
   (II) THE UNITED STATES OR ANY OF ITS DEPARTMENTS,  AGENCIES  OR  DIVI-
 SIONS;
   (III)  COLLEGES, UNIVERSITIES AND OTHER INSTITUTIONS AUTHORIZED BY THE
 REGENTS OF THE UNIVERSITY OF THE STATE OF NEW YORK OR COMPARABLE BODY IN
 ANY OTHER STATE OR JURISDICTION, TO GRANT  DEGREES,  INCLUDING  LICENSED
 PRIVATE SCHOOLS AND ANY REGISTERED BUSINESS SCHOOLS REGULATED BY ARTICLE
 ONE HUNDRED ONE OF THE EDUCATION LAW;
   (IV)  A  PERSON,  WHICH  HAS BEEN OPERATING FOR AT LEAST THREE YEARS A
 RETAIL BUSINESS ESTABLISHMENT IN THIS STATE UNDER THE SAME NAME AS  THAT
 USED  IN  CONNECTION WITH TELEMARKETING, AND BOTH OF THE FOLLOWING OCCUR
 ON A CONTINUING BASIS:
   (A) EITHER PRODUCTS ARE DISPLAYED AND OFFERED FOR SALE OR SERVICES ARE
 OFFERED FOR SALE AND PROVIDED AT THE BUSINESS ESTABLISHMENT; AND
   (B) A MAJORITY OF THE PERSON'S  BUSINESS  INVOLVES  BUYERS'  OBTAINING
 SUCH PRODUCTS OR SERVICES AT THE PERSON'S LOCATION;
   (V)  ANY  NOT-FOR-PROFIT CORPORATION AS DEFINED IN SECTION ONE HUNDRED
 TWO OF THE NOT-FOR-PROFIT CORPORATION LAW AND CHARITABLE ORGANIZATIONS.
   B. THE FOLLOWING ACTS OR PRACTICES ARE EXEMPT FROM THE REQUIREMENTS OF
 THIS SECTION:
   (I) TELEPHONE CALLS MADE  BY  A  TELEMARKETER,  COLLECTION  AGENCY  OR
 ATTORNEY  ENGAGED  IN  THE  PRACTICE OF LAW FOR THE EXCLUSIVE PURPOSE OF
 COLLECTING  A  LEGAL  DEBT  OWED,  IN  ACCORDANCE  WITH  THE  APPLICABLE
 PROVISIONS  OF THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (15 U.S.C.
 § 1692 ET. SEQ.);
   (II) TELEPHONE CALLS IN WHICH THE SALE, LEASE OR OTHER  AGREEMENT  FOR
 GOODS  OR  SERVICES  IS  NOT  COMPLETED, AND PAYMENT OR AUTHORIZATION OF
 PAYMENT IS NOT REQUIRED, UNTIL AFTER A FACE-TO-FACE  SALES  PRESENTATION
 BY A TELEMARKETER, OR A MEETING BETWEEN A TELEMARKETER AND CUSTOMER;
   (III) TELEPHONE CALLS THAT ARE RECEIVED BY A TELEMARKETER INITIATED BY
 A CUSTOMER THAT ARE NOT THE RESULT OF ANY SOLICITATION BY SUCH TELEMARK-
 ETER; AND

 S. 7508                            86                            A. 9508

   (IV)  TELEPHONE  CALLS BETWEEN A TELEMARKETER AND ANY FOR-PROFIT BUSI-
 NESS, EXCEPT CALLS INVOLVING THE RETAIL SALE  OF  NONDURABLE  OFFICE  OR
 CLEANING SUPPLIES.
   C. THE FOLLOWING ACTS OR PRACTICES ARE EXEMPT FROM THE REQUIREMENTS OF
 PARAGRAPH B OF SUBDIVISION FIVE OF THIS SECTION:
   (I)  TELEPHONE  CALLS  PERTAINING  TO  A RENEWAL OR CONTINUATION OF AN
 EXISTING OR PRIOR CONTRACTUAL RELATIONSHIP OR  THE  CONTINUATION  OF  AN
 ESTABLISHED BUSINESS RELATIONSHIP BETWEEN A CUSTOMER AND ANY TELEMARKET-
 ER, PROVIDED THAT THE TELEMARKETER DISCLOSES ANY MATERIAL CHANGES IN THE
 TERMS  AND  CONDITIONS OF THE PRIOR CONTRACT, EXCEPT FOR CALLS MADE BY A
 TELEMARKETER IN WHICH THE TELEMARKETER OR  ANY  OF  ITS  PRINCIPALS  HAS
 PREVIOUSLY  ENGAGED  IN  ANY  ACT OR PRACTICE DESCRIBED IN SUBPARAGRAPHS
 (I), (II), (V), (VI), (VII) AND (VIII) OF  PARAGRAPH  A  OF  SUBDIVISION
 FOUR OF THIS SECTION; AND
   (II)  UNSOLICITED  TELEPHONE  CALLS  MADE  BY THE TELEMARKETER FOR THE
 PURPOSE OF OVERALL EFFORTS TO DEVELOP NEW BUSINESS  THAT  INCLUDE  OTHER
 METHODS  AND TECHNIQUES INTENDED TO IDENTIFY AND COMMUNICATE WITH POTEN-
 TIAL CUSTOMERS PROVIDED HOWEVER THAT  FOR  ALL  TRANSACTIONS  WHICH  ARE
 INCIDENTAL  TO THE CALL AND RESULT IN THE EXCHANGE OF GOODS AND SERVICES
 THE TELEMARKETER SHALL DISCLOSE THE FOLLOWING INFORMATION:
   (A) THE TELEMARKETER'S NAME AND THE PERSON ON WHOSE BEHALF THE  SOLIC-
 ITATION IS BEING MADE IF OTHER THAN THE TELEMARKETER;
   (B)  THE  IDENTITY  OF  THE  GOODS OR SERVICES FOR WHICH A FEE WILL BE
 CHARGED; AND
   (C) THE COST OF THE GOODS OR SERVICES THAT  ARE  THE  SUBJECT  OF  THE
 CALL.
   11.  FEE AND BONDING EXEMPTIONS. THE FOLLOWING PERSONS ARE EXEMPT FROM
 THE FEE AND BONDING REQUIREMENTS SET FORTH IN PARAGRAPH F OF SUBDIVISION
 TWO AND SUBDIVISION THREE OF THIS SECTION: A PERSON ENGAGED IN  A  BUSI-
 NESS  OR  OCCUPATION WHICH IS LICENSED, REGISTERED, CHARTERED, CERTIFIED
 OR INCORPORATED WITH OR BY ANY STATE OR FEDERAL AGENCY. PROVIDED, HOWEV-
 ER, ANY PERSON NOT LICENSED, REGISTERED, CHARTERED, CERTIFIED OR  INCOR-
 PORATED WITH ANY NEW YORK STATE OR FEDERAL AGENCY, SHALL SUBMIT EVIDENCE
 TO  THE SECRETARY OF STATE, IN A FORM AND MANNER TO BE PRESCRIBED BY THE
 SECRETARY, OF  ANY  LICENSE,  REGISTRATION,  CHARTER,  CERTIFICATION  OR
 INCORPORATION  ISSUED BY AN AGENCY OR GOVERNMENTAL ENTITY IN THIS OR ANY
 OTHER STATE.
   12. ENFORCEMENT. A. EVERY VIOLATION OF THIS SECTION SHALL BE DEEMED  A
 DECEPTIVE  ACT AND PRACTICE SUBJECT TO ENFORCEMENT UNDER ARTICLE TWENTY-
 TWO-A OF THIS CHAPTER. IN ADDITION, THE DISTRICT ATTORNEY, COUNTY ATTOR-
 NEY, AND THE CORPORATION COUNSEL SHALL HAVE CONCURRENT AUTHORITY TO SEEK
 THE RELIEF IN PARAGRAPH B OF THIS SUBDIVISION, AND ALL  CIVIL  PENALTIES
 OBTAINED  IN  ANY  SUCH  ACTION SHALL BE RETAINED BY THE MUNICIPALITY OR
 COUNTY.
   B. IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A  VIOLATION  OF
 THIS  SECTION  HAS  OCCURRED,  IT MAY IMPOSE A CIVIL PENALTY OF NOT LESS
 THAN ONE THOUSAND DOLLARS NOR MORE THAN TWO THOUSAND  DOLLARS  FOR  EACH
 VIOLATION  PROVIDED  THAT  FOR  A VIOLATION OF SUBDIVISION SEVEN OF THIS
 SECTION, THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  LESS  THAN  FIVE
 THOUSAND  DOLLARS NOR MORE THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.
 SUCH PENALTY SHALL BE IN ADDITION  TO  THE  DENIAL  OF  REGISTRATION  OR
 RENEWAL,  SUSPENSION  OF  REGISTRATION  OR REVOCATION OF REGISTRATION OR
 ASSESSMENT OF A FINE AUTHORIZED BY SUBDIVISION FOUR OF THIS SECTION.
   C. ANY PERSON WHO CONTRACTS  WITH  A  TELEMARKETER  FOR  TELEMARKETING
 SERVICES  AND  HAS  ACTUAL  KNOWLEDGE THAT THE TELEMARKETER IS ACTING IN
 VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE  IN  VIOLATION  OF  THIS

 S. 7508                            87                            A. 9508
 
 SECTION,  UNLESS  SUCH  PERSON  TAKES REASONABLE MEASURES TO PREVENT AND
 CORRECT ANY CONDUCT THAT VIOLATES THIS SECTION.
   D.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
   13. CRIMINAL PENALTIES. ANY  PERSON  WHO  IS  CONVICTED  OF  KNOWINGLY
 VIOLATING  PARAGRAPH  A  OR  B  OF  SUBDIVISION  TWO OF THIS SECTION, OR
 SUBPARAGRAPH (II), (III), (IV) OR (V) OF PARAGRAPH A OF SUBDIVISION FIVE
 OF THIS SECTION SHALL BE GUILTY OF A CLASS B MISDEMEANOR. ANY PERSON WHO
 IS CONVICTED OF KNOWINGLY VIOLATING SUBPARAGRAPH (XI) OR (XII) OF  PARA-
 GRAPH A OF SUBDIVISION FIVE OF THIS SECTION SHALL BE GUILTY OF A CLASS A
 MISDEMEANOR.
   14.  SEPARABILITY  CLAUSE;  CONSTRUCTION.  IF ANY PART OR PROVISION OF
 THIS SECTION OR THE APPLICATION THEREOF TO ANY PERSON  OR  CIRCUMSTANCES
 BE  ADJUDGED  INVALID BY ANY COURT OF COMPETENT JURISDICTION, SUCH JUDG-
 MENT SHALL BE CONFINED IN ITS  OPERATIONS  TO  THE  PART,  PROVISION  OR
 APPLICATION  DIRECTLY INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT
 SHALL HAVE BEEN RENDERED AND SHALL NOT AFFECT OR IMPAIR THE VALIDITY  OF
 THE  REMAINDER  OF  THIS  SECTION  OR  THE  APPLICATION THEREOF TO OTHER
 PERSONS OR CIRCUMSTANCES.
   § 2. Sections 399-z, 399-p and 399-pp of the general business law  are
 REPEALED.
   § 3. This act shall take effect immediately.
 
                                  PART U
 
   Section 1. Section 70 of the state law is amended to read as follows:
   § 70. Description  of  the  arms  of the state and the state flag. The
 device of arms of this state[, as  adopted  March  sixteenth,  seventeen
 hundred and seventy-eight,] is hereby declared to be correctly described
 as follows:
   Charge. Azure, in a landscape, the sun in fess, rising in splendor or,
 behind a range of three mountains, the middle one the highest; in base a
 ship  and  sloop  under  sail,  passing  and  about  to meet on a river,
 bordered below by a grassy shore fringed with shrubs, all proper.
   Crest. On a wreath azure and or, an American eagle proper,  rising  to
 the  dexter  from a two-thirds of a globe terrestrial, showing the north
 Atlantic ocean with outlines of its shores.
   Supporters. On a quasi compartment formed  by  the  extension  of  the
 scroll.
   Dexter.  The  figure  of Liberty proper, her hair disheveled and deco-
 rated with pearls, vested azure, sandaled gules, about the waist a cinc-
 ture or, fringed gules, a mantle of the last depending from  the  shoul-
 ders  behind  to  the  feet,  in the dexter hand a staff ensigned with a
 Phrygian cap or, the sinister  arm  embowed,  the  hand  supporting  the
 shield  at  the  dexter  chief point, a royal crown by her sinister foot
 dejected.
   Sinister. The figure of Justice proper, her hair disheveled and  deco-
 rated  with pearls, vested or, about the waist a cincture azure, fringed
 gules, sandaled and mantled as Liberty, bound  about  the  eyes  with  a
 fillet  proper,  in  the  dexter hand a straight sword hilted or, erect,
 resting on the sinister chief point of  the  shield,  the  sinister  arm
 embowed, holding before her her scales proper.
   Motto.  On  a scroll below the shield argent, in sable, TWO LINES.  ON
 LINE ONE, Excelsior AND ON LINE TWO, E PLURIBUS UNUM.

 S. 7508                            88                            A. 9508
 
   State flag. The state flag is hereby declared to be blue, charged with
 the arms of the state in the colors as described in the blazon  of  this
 section.
   §  2.  (a) Any state flag, object, or printed materials containing the
 depiction of the former arms of the state may continue to be used  until
 such  flag,  object,    or printed materials' useful life has expired or
 until the person possessing  such  flag,  object,  or  printed  material
 replaces  it.  Such  continued  use  shall not constitute a violation of
 section seventy-two of the state law.
   (b) Any electronic depiction of the arms of the state shall be updated
 within 60 days of the effective date of this act.
   (c) No state agency, local government, or public  authority  shall  be
 required  to replace a flag solely because such flag contains the former
 arms of the state.
   § 3. The secretary of state shall begin to use the new seal as of  the
 effective date of this act.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a law. Effective immediately, the department of
 state  is  authorized  to  take  any  action,  including  entering  into
 contracts,  that  is necessary for the timely implementation of this act
 on its effective date.
 
                                  PART V
 
   Section 1. Subdivision 1 of section  130  of  the  executive  law,  as
 amended  by  section 1 of subpart D of part II of chapter 55 of the laws
 of 2019, is amended to read as follows:
   1. The secretary of state may appoint and commission as many  notaries
 public for the state of New York as in his or her judgment may be deemed
 best,  whose  jurisdiction  shall be co-extensive with the boundaries of
 the state. The appointment of a notary public shall be  for  a  term  of
 four  years. An application for an appointment as notary public shall be
 in form and set forth such matters  as  the  secretary  of  state  shall
 prescribe.  Every person appointed as notary public must, at the time of
 his or her appointment, be [a citizen of the United States and either] a
 resident of the state of New York or have an office or place of business
 in New York state. A notary public who is a resident of  the  state  and
 who moves out of the state but still maintains a place of business or an
 office  in  New York state does not vacate his or her office as a notary
 public. A notary public who is a nonresident and who ceases to  have  an
 office  or place of business in this state, vacates his or her office as
 a notary public. A notary public who is a resident of New York state and
 moves out of the state and who does not retain an  office  or  place  of
 business  in  this  state  shall  vacate  his  or her office as a notary
 public. A non-resident who accepts the office of notary public  in  this
 state  thereby  appoints  the secretary of state as the person upon whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant a commission as notary public, unless he or she be an attorney  and
 counsellor  at  law  duly  admitted to practice in this state or a court
 clerk of the unified court system who has been appointed to  such  posi-
 tion  after  taking a civil service promotional examination in the court
 clerk series of titles, the secretary of state shall satisfy himself  or
 herself  that  the  applicant is of good moral character, has the equiv-
 alent of a common school education and is familiar with the  duties  and
 responsibilities  of  a  notary  public; provided, however, that where a
 notary public applies, before the expiration of his  or  her  term,  for

 S. 7508                            89                            A. 9508

 reappointment  with  the  county  clerk  or where a person whose term as
 notary public shall have expired applies within  six  months  thereafter
 for  reappointment as a notary public with the county clerk, such quali-
 fying requirements may be waived by the secretary of state, and further,
 where  an  application  for reappointment is filed with the county clerk
 after the expiration of the aforementioned renewal period  by  a  person
 who  failed  or was unable to re-apply by reason of his or her induction
 or enlistment in the armed forces of the United States, such  qualifying
 requirements may also be waived by the secretary of state, provided such
 application  for reappointment is made within a period of one year after
 the military discharge of the  applicant  under  conditions  other  than
 dishonorable.  In  any  case,  the  appointment  or reappointment of any
 applicant is in the discretion of the secretary of state. The  secretary
 of  state  may suspend or remove from office, for misconduct, any notary
 public appointed by him or her but no such removal shall be made  unless
 the  person  who  is  sought to be removed shall have been served with a
 copy of the charges against him or her and have an opportunity of  being
 heard.  No person shall be appointed as a notary public under this arti-
 cle who has been convicted, in this state or any other state or territo-
 ry, of a crime, unless the secretary makes a finding in conformance with
 all applicable statutory  requirements,  including  those  contained  in
 article  twenty-three-A  of the correction law, that such convictions do
 not constitute a bar to appointment.
   § 2. Subdivision 1 of section 130 of the executive law, as amended  by
 chapter 490 of the laws of 2019, is amended to read as follows:
   1.  The secretary of state may appoint and commission as many notaries
 public for the state of New York as in his or her judgment may be deemed
 best, whose jurisdiction shall be co-extensive with  the  boundaries  of
 the  state.  The  appointment  of a notary public shall be for a term of
 four years. An application for an appointment as notary public shall  be
 in  form  and  set  forth  such  matters as the secretary of state shall
 prescribe. Every person appointed as notary public must, at the time  of
 his or her appointment, be [a citizen of the United States and either] a
 resident of the state of New York or have an office or place of business
 in  New  York  state. A notary public who is a resident of the state and
 who moves out of the state but still maintains a place of business or an
 office in New York state does not vacate his or her office as  a  notary
 public.  A  notary public who is a nonresident and who ceases to have an
 office or place of business in this state, vacates his or her office  as
 a notary public. A notary public who is a resident of New York state and
 moves  out  of  the  state and who does not retain an office or place of
 business in this state shall vacate  his  or  her  office  as  a  notary
 public.  A  non-resident who accepts the office of notary public in this
 state thereby appoints the secretary of state as the  person  upon  whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant  a commission as notary public, unless he or she be an attorney and
 counsellor at law duly admitted to practice in this  state  or  a  court
 clerk  of  the unified court system who has been appointed to such posi-
 tion after taking a civil service promotional examination in  the  court
 clerk  series of titles, the secretary of state shall satisfy himself or
 herself that the applicant is of good moral character,  has  the  equiv-
 alent  of  a common school education and is familiar with the duties and
 responsibilities of a notary public; provided,  however,  that  where  a
 notary  public  applies,  before  the expiration of his or her term, for
 reappointment with the county clerk or where  a  person  whose  term  as
 notary  public  shall  have expired applies within six months thereafter

 S. 7508                            90                            A. 9508
 
 for reappointment as a notary public with the county clerk, such  quali-
 fying requirements may be waived by the secretary of state, and further,
 where  an  application  for reappointment is filed with the county clerk
 after  the  expiration  of the aforementioned renewal period by a person
 who failed or was unable to re-apply by reason of his or  her  induction
 or  enlistment in the armed forces of the United States, such qualifying
 requirements may also be waived by the secretary of state, provided such
 application for reappointment is made within a period of one year  after
 the  military  discharge  of  the  applicant under conditions other than
 dishonorable, or if the applicant has a qualifying condition, as defined
 in section three hundred fifty of this chapter, within a period  of  one
 year after the applicant has received a discharge other than bad conduct
 or  dishonorable  from such service, or if the applicant is a discharged
 LGBT veteran, as defined in section three hundred fifty of this chapter,
 within a period of one year after the applicant has received a discharge
 other than bad conduct or dishonorable from such service. In  any  case,
 the  appointment  or reappointment of any applicant is in the discretion
 of the secretary of state. The secretary of state may suspend or  remove
 from  office,  for misconduct, any notary public appointed by him or her
 but no such removal shall be made unless the person who is sought to  be
 removed shall have been served with a copy of the charges against him or
 her  and  have  an  opportunity  of  being  heard.    No person shall be
 appointed as a notary public under this article who has been  convicted,
 in  this  state  or any other state or territory, of a crime, unless the
 secretary makes a finding in conformance with all  applicable  statutory
 requirements, including those contained in article twenty-three-A of the
 correction  law,  that  such  convictions  do  not  constitute  a bar to
 appointment.
   § 3. Section 440-a of the real property law, as amended by  section  1
 of subpart G of part II of chapter 55 of the laws of 2019, is amended to
 read as follows:
   §  440-a.  License  required  for real estate brokers and salesmen. No
 person, co-partnership, limited liability company or  corporation  shall
 engage  in  or  follow the business or occupation of, or hold himself or
 itself out or act temporarily or otherwise as a real  estate  broker  or
 real  estate  salesman  in  this state without first procuring a license
 therefor as provided in this article. No person shall be entitled  to  a
 license  as  a real estate broker under this article, either as an indi-
 vidual or as a member of a co-partnership, or as a member or manager  of
 a limited liability company or as an officer of a corporation, unless he
 or  she  is twenty years of age or over[, a citizen of the United States
 or an alien lawfully admitted for  permanent  residence  in  the  United
 States].  No  person  shall  be  entitled  to a license as a real estate
 salesman under this article unless he or she is over the age of eighteen
 years. No person shall be entitled to a license as a real estate  broker
 or  real  estate  salesman  under this article who has been convicted in
 this state or elsewhere of a crime, unless the secretary makes a finding
 in conformance with all  applicable  statutory  requirements,  including
 those  contained  in  article twenty-three-A of the correction law, that
 such convictions do not constitute a bar to licensure. No  person  shall
 be entitled to a license as a real estate broker or real estate salesman
 under  this  article who does not meet the requirements of section 3-503
 of the general obligations law.
   Notwithstanding anything to the contrary in this section, tenant asso-
 ciations and not-for-profit corporations authorized in  writing  by  the
 commissioner  of  the  department  of  the city of New York charged with

 S. 7508                            91                            A. 9508
 
 enforcement of the housing maintenance code of such city to manage resi-
 dential property owned by such city or appointed by a court of competent
 jurisdiction to manage residential property owned by such city shall  be
 exempt from the licensing provisions of this section with respect to the
 properties so managed.
   §  4.  Subdivision  1  of  section  72 of the general business law, as
 amended by chapter 164 of the laws  of  2003,  is  amended  to  read  as
 follows:
   1.  If  the applicant is a person, the application shall be subscribed
 by such person, and if the applicant is a firm or partnership the appli-
 cation shall be subscribed by each individual composing or intending  to
 compose  such  firm or partnership. The application shall state the full
 name, age, residences within the past three years, present and  previous
 occupations of each person or individual so signing the same, [that each
 person  or  individual  is  a  citizen  of the United States or an alien
 lawfully admitted for permanent residence  in  the  United  States]  and
 shall  also  specify  the name of the city, town or village, stating the
 street and number, if the premises have a street and number, and  other-
 wise such apt description as will reasonably indicate the location ther-
 eof,  where  is  to  be  located the principal place of business and the
 bureau, agency, sub-agency,  office  or  branch  office  for  which  the
 license  is  desired,  and  such further facts as may be required by the
 department of state to show the good character, competency and integrity
 of each person or individual so signing such application. Each person or
 individual signing such application shall, together with  such  applica-
 tion,  submit  to  the department of state, his photograph, taken within
 six months prior thereto in duplicate, in passport  size  and  also  two
 sets  of fingerprints of his two hands recorded in such manner as may be
 specified by the secretary of state or the secretary of state's  author-
 ized  representative.  Before approving such application it shall be the
 duty of the secretary of state or the secretary  of  state's  authorized
 representative  to forward one copy of such fingerprints to the division
 of criminal justice services. Upon receipt of  such  fingerprints,  such
 division  shall  forward to the secretary of state a report with respect
 to the applicant's previous criminal history, if  any,  or  a  statement
 that  the  applicant  has  no previous criminal history according to its
 files. If additional copies of fingerprints are required  the  applicant
 shall  furnish  them upon request. Such fingerprints may be submitted to
 the federal bureau of investigation  for  a  national  criminal  history
 record  check.  The  secretary shall reveal the name of the applicant to
 the chief of police and the district attorney of the  applicant's  resi-
 dence  and of the proposed place of business and shall request of them a
 report concerning the applicant's character in the event they shall have
 information concerning it. The secretary shall take such other steps  as
 may be necessary to investigate the honesty, good character and integri-
 ty  of  each  applicant.  Every  such applicant for a license as private
 investigator shall establish to the satisfaction  of  the  secretary  of
 state  (a)  if the applicant be a person, or, (b) in the case of a firm,
 limited liability company, partnership  or  corporation,  at  least  one
 member  of  such  firm, partnership, limited liability company or corpo-
 ration, has been regularly employed, for a period of not less than three
 years, undertaking such investigations as those described  as  performed
 by  a  private investigator in subdivision one of section seventy-one of
 this article, as a sheriff, police officer in a city  or  county  police
 department,  or  the division of state police, investigator in an agency
 of the state, county, or United States  government,  or  employee  of  a

 S. 7508                            92                            A. 9508
 
 licensed  private  investigator,  or  has had an equivalent position and
 experience or that such person or member was an  employee  of  a  police
 department who rendered service therein as a police officer for not less
 than  twenty  years or was an employee of a fire department who rendered
 service therein as a fire marshal for not less than twenty years. Howev-
 er, employment as a watchman, guard or private patrolman  shall  not  be
 considered  employment  as a "private investigator" for purposes of this
 section. Every such applicant for a license as watch,  guard  or  patrol
 agency shall establish to the satisfaction of the secretary of state (a)
 if  the  applicant  be  a person, or, (b) in the case of a firm, limited
 liability company, partnership or corporation, at least  one  member  of
 such  firm,  partnership,  limited liability company or corporation, has
 been regularly employed, for a  period  of  not  less  than  two  years,
 performing  such duties or providing such services as described as those
 performed or furnished by a watch, guard or patrol agency in subdivision
 two of section seventy-one of this article, as a sheriff, police officer
 in a city or county police department, or employee of an agency  of  the
 state,  county or United States government, or licensed private investi-
 gator or watch, guard or patrol agency, or has had an  equivalent  posi-
 tion  and  experience;  qualifying  experience shall have been completed
 within such period of time and at such time prior to the filing  of  the
 application  as  shall  be  satisfactory  to the secretary of state. The
 person or member meeting the experience requirement under this  subdivi-
 sion and the person responsible for the operation and management of each
 bureau,  agency,  sub-agency,  office  or branch office of the applicant
 shall provide sufficient proof of having  taken  and  passed  a  written
 examination  prescribed  by  the secretary of state to test their under-
 standing of their rights, duties and powers as  a  private  investigator
 and/or  watchman, guard or private patrolman, depending upon the work to
 be performed under the license. In the case of an application subscribed
 by a resident of the  state  of  New  York  such  application  shall  be
 approved,  as to each resident person or individual so signing the same,
 but not less than five reputable citizens of the community in which such
 applicant resides or transacts business, or in which it is  proposed  to
 own,  conduct, manage or maintain the bureau, agency, sub-agency, office
 or branch office for which the license is desired, each  of  whom  shall
 subscribe  and  affirm  as true, under the penalties of perjury, that he
 has personally known the said person or individual for a  period  of  at
 least  five  years  prior to the filing of such application, that he has
 read such application and believes each of the statements  made  therein
 to be true, that such person is honest, of good character and competent,
 and  not  related  or  connected to the person so certifying by blood or
 marriage. In the case of an application subscribed by a non-resident  of
 the  state  of  New  York such application shall be approved, as to each
 non-resident person or individual so signing the same by not  less  than
 five  reputable  citizens  of  the  community  in  which  such applicant
 resides. The certificate of approval shall be signed by  such  reputable
 citizens  and  duly  verified and acknowledged by them before an officer
 authorized to take oaths and acknowledgment of deeds. All provisions  of
 this  section, applying to corporations, shall also apply to joint-stock
 associations, except that each such joint-stock association shall file a
 duly certified copy of its certificate of organization in the  place  of
 the certified copy of its certificate of incorporation herein required.
   §  5.  Subdivision  2  of  section  81 of the general business law, as
 amended by chapter 756 of the laws of 1952 and paragraph (b) as  amended
 by chapter 133 of the laws of 1982, is amended to read as follows:

 S. 7508                            93                            A. 9508
 
   2.  No  person  shall hereafter be employed by any holder of a license
 certificate until he shall have executed and furnished to  such  license
 certificate  holder  a  verified  statement,  to be known as "employee's
 statement," setting forth:
   (a) His full name, age and residence address.
   (b)  [That  the  applicant  for  employment is a citizen of the United
 States or an alien lawfully admitted  for  permanent  residence  in  the
 United States.
   (c)]  The  business or occupation engaged in for the three years imme-
 diately preceding the date of the filing of the statement, setting forth
 the place or places where such business or occupation  was  engaged  in,
 and the name or names of employers, if any.
   [(d)] (C) That he has not been convicted of a felony or of any offense
 involving  moral  turpitude  or  of  any of the misdemeanors or offenses
 described in subdivision one of this section.
   [(e)] (D) Such further information as the department of state  may  by
 rule  require  to  show the good character, competency, and integrity of
 the person executing the statement.
   § 6. Subdivision 4 of section 89-h of the  general  business  law,  as
 added by chapter 336 of the laws of 1992, is amended to read as follows:
   [4. Citizenship: be a citizen or resident alien of the United States;]
   §  7.  This  act  shall  take  effect  immediately; provided, however,
 section two of this act shall take effect on the same date  and  in  the
 same  manner  as  section  36  of chapter 490 of the laws of 2019, takes
 effect.
 
                                  PART W
 
   Section 1. Paragraph (c) of subdivision 1 of section 444-e of the real
 property law, as amended by chapter 541 of the laws of 2019, is  amended
 to read as follows:
   (c) have passed the National Home Inspector examination OR AN EXAMINA-
 TION  OFFERED  BY  THE SECRETARY, IN ANY FORMAT, THAT IN THE JUDGMENT OF
 THE SECRETARY SUFFICIENTLY TESTS SUCH  APPLICANT  TO  BE  ENGAGED  AS  A
 PROFESSIONAL HOME INSPECTOR; and
   §  2. This act shall take effect immediately and shall apply to appli-
 cations for a license as a professional home inspector  received  on  or
 after November 25, 2019.

                                  PART X
 
   Section  1.  Paragraph  (e) of section 104 of the business corporation
 law, as amended by chapter 832 of the laws of 1982, is amended  to  read
 as follows:
   (e) If an instrument which is delivered to the department of state for
 filing  complies  as  to form with the requirements of law and there has
 been attached to it the consent  or  approval  of  the  state  official,
 department,  board,  agency  or  other body, if any, whose consent to or
 approval of such instrument or the filing thereof  is  required  by  any
 statute  of  this  state and the filing fee and tax, if any, required by
 any statute of this state in connection therewith have  been  paid,  the
 instrument  shall  be  filed  and indexed by the department of state. No
 certificate of authentication or conformity  or  other  proof  shall  be
 required with respect to any verification, oath or acknowledgment of any
 instrument  delivered  to the department of state under this chapter, if
 such verification, oath or acknowledgment purports  to  have  been  made

 S. 7508                            94                            A. 9508
 
 before a notary public, or person performing the equivalent function, of
 one  of  the states, or any subdivision thereof, of the United States or
 the District of Columbia. Without limiting the effect  of  section  four
 hundred  three of this chapter, filing and indexing by the department of
 state shall not be deemed a finding that a certificate conforms to  law,
 nor  shall  it  be deemed to constitute an approval by the department of
 state of the name of the corporation or the contents of the certificate,
 nor shall it be deemed to prevent any person with  appropriate  standing
 from  contesting  the  legality  thereof  in  an  appropriate forum. THE
 INSTRUMENT'S DATE OF  FILING  SHALL  BE  THE  DATE  THE  INSTRUMENT  WAS
 RECEIVED  BY  THE  DEPARTMENT OF STATE FOR FILING. AN INSTRUMENT THAT IS
 DETERMINED BY THE DEPARTMENT OF STATE  TO  BE  UNACCEPTABLE  FOR  FILING
 SHALL  BE  RETURNED TO THE PERSON FILING THE INSTRUMENT WITH AN EXPLANA-
 TION OF THE REASON FOR THE REFUSAL TO FILE. IF  THE  FILER  RETURNS  THE
 CORRECTED  INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS ORIGINALLY
 RECEIVED BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY THE  DEPART-
 MENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT SHALL BE FILED
 AND  INDEXED  BY  THE  DEPARTMENT  OF  STATE  AND THE FILING DATE OF THE
 INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN APPLIED HAD THE
 ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   § 2. Paragraph (r) of section 104-A of the business corporation law is
 REPEALED.
   § 3. Section 408 of  the  business  corporation  law,  as  amended  by
 section 3 of part S of chapter 59 of the laws of 2015 and paragraph 1 as
 amended  by  chapter  747  of  the  laws  of 2019, is amended to read as
 follows:
 § 408. Statement; filing.
   1. [Except as provided in paragraph eight of this section, each]  EACH
 domestic  corporation,  and  each  foreign  corporation authorized to do
 business in this state, shall, during the applicable  filing  period  as
 determined  by  subdivision  three  of  this  section,  file a statement
 setting forth:
   (a) The name and business address of its chief executive officer.
   (b) The street address of its principal executive office.
   (c) The post office address within or without this state to which  the
 secretary  of  state  shall mail a copy of any process against it served
 upon him or her. Such address shall supersede any  previous  address  on
 file with the department of state for this purpose.
   (d) The number of directors constituting the board and how many direc-
 tors of such board are women.
   2.  [Except as provided in paragraph eight of this section, such] SUCH
 statement shall be made on forms prescribed by the secretary  of  state,
 and  the  information therein contained shall be given as of the date of
 the execution of  the  statement.  Such  statement  shall  only  request
 reporting  of  information required under paragraph one of this section.
 It shall be signed and delivered to the  department  of  state.  NO  FEE
 SHALL BE COLLECTED FOR THE FILING OF THE STATEMENT.
   3.  [Except  as  provided in paragraph eight of this section, for] FOR
 the purpose of this section the applicable filing period  for  a  corpo-
 ration shall be the calendar month during which its original certificate
 of  incorporation  or application for authority were filed or the effec-
 tive date thereof if stated. The applicable  filing  period  shall  only
 occur:    (a)  annually, during the period starting on April 1, 1992 and
 ending on March 31, 1994; and (b) biennially, during a  period  starting
 on  April  1  and ending on March 31 thereafter. Those corporations that
 filed between April 1, 1992 and June 30, 1994 shall not be  required  to

 S. 7508                            95                            A. 9508
 
 file such statements again until such time as they would have filed, had
 this subdivision not been amended.
   4. The provisions of paragraph (g) of section one hundred four of this
 chapter shall not be applicable to filings pursuant to this section.
   5.  The  provisions  of  this  section and section 409 of this article
 shall not apply to a farm corporation. For the purposes of this subdivi-
 sion, the term "farm corporation" shall mean any domestic corporation or
 foreign corporation authorized to do business in this state  under  this
 chapter  engaged  in  the  production  of crops, livestock and livestock
 products on land used in agricultural production, as defined in  section
 301  of  the  agriculture and markets law. However, this exception shall
 not apply to farm corporations  that  have  filed  statements  with  the
 department  of state which have been submitted through the department of
 taxation and finance pursuant to paragraph eight of this section.
   6. No such statement shall be accepted for filing when  a  certificate
 of resignation for receipt of process has been filed under section three
 hundred  six-A  of  this  chapter  unless  the  corporation has stated a
 different address for process which does not include  the  name  of  the
 party  previously  designated in the address for process in such certif-
 icate.
   7. A domestic corporation or foreign corporation may amend its  state-
 ment  to change the information required by subparagraphs (a) and (b) of
 paragraph one of this section. Such amendment shall  be  made  on  forms
 prescribed  by  the secretary of state. It shall be signed and delivered
 to the department of state. NO FEE SHALL BE COLLECTED FOR THE FILING  OF
 THE AMENDMENT.
   [8.  (a) The commissioner of taxation and finance and the secretary of
 state may agree to allow corporations to provide the statement specified
 in paragraph one of this section on tax reports filed with  the  depart-
 ment of taxation and finance in lieu of biennial statements. This agree-
 ment  may  apply  to  tax reports due for tax years starting on or after
 January first, two thousand sixteen.
   (b) If the agreement described in subparagraph (a) of  this  paragraph
 is  made,  each  corporation required to file the statement specified in
 paragraph one of this section that is also subject to tax under  article
 nine  or  nine-A of the tax law shall include such statement annually on
 its tax report filed with the department of taxation and finance in lieu
 of filing a statement under this section with the  department  of  state
 and  in a manner prescribed by the commissioner of taxation and finance.
 However, each corporation  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 corporation in  fact  has
 filed  a  tax  report  with  the department of taxation and finance that
 includes all required information.  After  that  time,  the  corporation
 shall  continue to deliver annually the statement specified in paragraph
 one of this section on its tax report in lieu of the biennial  statement
 required by this section.
   (c)  If  the agreement described in subparagraph (a) of this paragraph
 is made, the department of taxation and finance  shall  deliver  to  the
 department  of state for filing the statement specified in paragraph one
 of this section for each corporation that files a tax report  containing
 such  statement.  The  department  of  taxation and finance must, to the
 extent feasible, also include  the  current  name  of  the  corporation,
 department  of  state  identification  number  for such corporation, the
 name, signature and capacity of the signer of the  statement,  name  and

 S. 7508                            96                            A. 9508

 street  address of the filer of the statement, and the email address, if
 any, of the filer of the statement.]
   § 4. Section 409 of the business corporation law is REPEALED.
   §  5.  Subdivision  16 of section 96 of the executive law, as added by
 chapter 561 of the laws of 1990, is amended to read as follows:
   16. (A) Consistent with the provisions of the corporate  laws  of  the
 state  of  New  York,  the  department  of  state [shall] MAY produce or
 reproduce the content of any informational systems  maintained  pursuant
 to such laws. The secretary of state shall establish the type and amount
 of  the  reasonable  fees to be collected by the department of state for
 such informational systems. Such fees shall be subject  to  approval  of
 the  director  of  the  budget  and shall be promulgated in the official
 rules and regulations of the department of state in accordance with  the
 provisions of the state administrative procedure act.
   (B)  NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, THE DEPARTMENT
 OF STATE MAY MAKE THE CONTENT OF ANY SUCH INFORMATION SYSTEMS  AVAILABLE
 TO  THE  PUBLIC  ON ANY WEBSITE MAINTAINED BY THE DEPARTMENT OF STATE BY
 THE STATE WITHOUT CHARGE.
   § 6. Section 209 of the limited liability company law  is  amended  to
 read as follows:
   § 209. Filing  with  the  department  of  state.  A signed articles of
 organization and any signed certificate of amendment  or  other  certif-
 icates  filed  pursuant  to  this  chapter  or of any judicial decree of
 amendment or cancellation shall be delivered to the department of state.
 If the instrument that is delivered  to  the  department  of  state  for
 filing  complies  as to form with the requirements of law and the filing
 fee required by any statute of this state in  connection  therewith  has
 been  paid,  the instrument shall be filed and indexed by the department
 of state. The department of state shall  not  review  such  articles  or
 certificates  for  legal  sufficiency;  its  review  shall be limited to
 determining that the form has been completed.  THE INSTRUMENT'S DATE  OF
 FILING  SHALL  BE THE DATE THE INSTRUMENT WAS RECEIVED BY THE DEPARTMENT
 OF STATE FOR FILING. AN INSTRUMENT THAT IS DETERMINED BY THE  DEPARTMENT
 OF  STATE  TO BE UNACCEPTABLE FOR FILING SHALL BE RETURNED TO THE PERSON
 FILING THE INSTRUMENT WITH AN EXPLANATION OF THE REASON FOR THE  REFUSAL
 TO  FILE.  IF  THE  FILER RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY
 DAYS FROM THE DATE IT WAS ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE
 AND IT IS DETERMINED BY THE DEPARTMENT OF STATE  TO  BE  ACCEPTABLE  FOR
 FILING,  THE  INSTRUMENT SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF
 STATE AND THE FILING DATE OF THE INSTRUMENT SHALL  BE  THE  FILING  DATE
 THAT WOULD HAVE BEEN APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE
 FOR FILING.
   §  7.  Subdivision (e) of section 301 of the limited liability company
 law, as amended by section 5 of part S of chapter  59  of  the  laws  of
 2015, is amended to read as follows:
   (e)  [(1)  Except  as  otherwise  provided in this subdivision, every]
 EVERY limited liability company to which  this  chapter  applies,  shall
 biennially  in the calendar month during which its articles of organiza-
 tion or application for authority were filed, or effective date  thereof
 if  stated, file on forms prescribed by the secretary of state, a state-
 ment setting forth:
   (I) the post office address within or without this state to which  the
 secretary  of state shall mail a copy of any process accepted against it
 served upon him or  her.  Such  address  shall  supersede  any  previous
 address on file with the department of state for this purpose;

 S. 7508                            97                            A. 9508

   (II)  THE  NAME  AND  ADDRESS  OF ANY MANAGERS APPOINTED OR ELECTED IN
 ACCORDANCE WITH THE ARTICLES OF ORGANIZATION OR OPERATING AGREEMENT; AND
   (III)  THE  NAME  AND  ADDRESS  OF  THE  TEN  MEMBERS WITH THE LARGEST
 PERCENTAGE OWNERSHIP INTEREST, AS DETERMINED AS OF THE TIME  THE  STATE-
 MENT  IS FILED BY THE DEPARTMENT OF STATE. NO FEE SHALL BE COLLECTED FOR
 THE FILING OF THE STATEMENT.
   [(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.]
   §  8. Subdivision (c) of section 1101 of the limited liability company
 law is REPEALED.
   § 9. Paragraph (e) of section 104 of  the  not-for-profit  corporation
 law,  as  amended by chapter 833 of the laws of 1982, is amended to read
 as follows:
   (e) If an instrument which is delivered to the department of state for
 filing complies as to form with the requirements of law  and  there  has
 been  attached  to  it  the  consent  or  approval  of the supreme court
 justice, governmental body or officer, or, other person or body, if any,
 whose consent to or approval of such instrument or the filing thereof is
 required by any statute of this state and the filing  fee  and  tax,  if
 any,  required by any statute of this state in connection therewith have
 been paid, the instrument shall be filed and indexed by  the  department
 of  state. No certificate of authentication or conformity or other proof
 shall be required with respect to any verification, oath or  acknowledg-
 ment  of  any instrument delivered to the department of state under this
 chapter, if such verification, oath or acknowledgment purports  to  have
 been  made  before  a notary public, or person performing the equivalent

 S. 7508                            98                            A. 9508
 
 function, of one of the states,  or  any  subdivision  thereof,  of  the
 United  States  or the District of Columbia. Without limiting the effect
 of section four hundred three of this chapter, filing  and  indexing  by
 the department of state shall not be deemed a finding that a certificate
 conforms to law, nor shall it be deemed to constitute an approval by the
 department  of  state  of the name of the corporation or the contents of
 the certificate, nor shall it be  deemed  to  prevent  any  person  with
 appropriate  standing  from contesting the legality thereof in an appro-
 priate forum.  THE INSTRUMENT'S DATE OF FILING SHALL  BE  THE  DATE  THE
 INSTRUMENT  WAS  RECEIVED  BY  THE  DEPARTMENT  OF  STATE FOR FILING. AN
 INSTRUMENT THAT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPT-
 ABLE FOR FILING SHALL BE RETURNED TO THE PERSON  FILING  THE  INSTRUMENT
 WITH  AN EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER
 RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS
 ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE AND IT IS  DETERMINED  BY
 THE  DEPARTMENT  OF  STATE  TO  BE ACCEPTABLE FOR FILING, THE INSTRUMENT
 SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF  STATE  AND  THE  FILING
 DATE  OF  THE  INSTRUMENT  SHALL BE THE FILING DATE THAT WOULD HAVE BEEN
 APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   § 10. Section 121-206 of the partnership law, as added by chapter  950
 of the laws of 1990, is amended to read as follows:
   §  121-206.  Filing with the department of state. A signed certificate
 of limited partnership and any signed certificates of amendment or other
 certificates filed pursuant to this article or of any judicial decree of
 amendment or cancellation shall be delivered to the department of state.
 If the instrument which is delivered to  the  department  of  state  for
 filing  complies  as to form with the requirements of law and the filing
 fee required by any statute of this state in  connection  therewith  has
 been  paid,  the instrument shall be filed and indexed by the department
 of state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE  INSTRU-
 MENT  WAS  RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN INSTRUMENT
 THAT IS DETERMINED BY THE DEPARTMENT OF STATE  TO  BE  UNACCEPTABLE  FOR
 FILING  SHALL  BE  RETURNED  TO THE PERSON FILING THE INSTRUMENT WITH AN
 EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE FILER  RETURNS
 THE  CORRECTED  INSTRUMENT  WITHIN  THIRTY  DAYS  FROM  THE  DATE IT WAS
 ORIGINALLY RECEIVED BY THE DEPARTMENT OF STATE AND IT IS  DETERMINED  BY
 THE  DEPARTMENT  OF  STATE  TO  BE ACCEPTABLE FOR FILING, THE INSTRUMENT
 SHALL BE FILED AND INDEXED BY THE DEPARTMENT OF  STATE  AND  THE  FILING
 DATE  OF  THE  INSTRUMENT  SHALL BE THE FILING DATE THAT WOULD HAVE BEEN
 APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   § 11. Subdivision (e) of section 121-1500 of the partnership  law,  as
 added by chapter 576 of the laws of 1994, is amended to read as follows:
   (e)  If  the  signed registration OR OTHER INSTRUMENT delivered to the
 department of state for filing complies as to form with the requirements
 of law and the filing fee required by any statute of this state has been
 paid, the [registration] INSTRUMENT shall be filed and  indexed  by  the
 department  of  state. THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE
 THE INSTRUMENT WAS RECEIVED BY THE DEPARTMENT OF STATE  FOR  FILING.  AN
 INSTRUMENT THAT IS DETERMINED BY THE DEPARTMENT OF STATE TO BE UNACCEPT-
 ABLE  FOR  FILING  SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT
 WITH AN EXPLANATION OF THE REASON FOR THE REFUSAL TO FILE. IF THE  FILER
 RETURNS THE CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS
 ORIGINALLY  RECEIVED  BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY
 THE DEPARTMENT OF STATE TO BE  ACCEPTABLE  FOR  FILING,  THE  INSTRUMENT
 SHALL  BE  FILED  AND  INDEXED BY THE DEPARTMENT OF STATE AND THE FILING

 S. 7508                            99                            A. 9508
 
 DATE OF THE INSTRUMENT SHALL BE THE FILING DATE  THAT  WOULD  HAVE  BEEN
 APPLIED HAD THE ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.
   §  12.  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,  is
 amended to read as follows:
   (g)  Each registered limited liability partnership shall, within sixty
 days prior to the fifth anniversary of the effective date of its  regis-
 tration  and  every  five  years  thereafter, furnish a statement to the
 department of state setting forth: (i) the name of the registered limit-
 ed liability partnership, (ii) the address 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
 shall  mail a copy of any process accepted against it served upon him or
 her, which address shall supersede any previous address on file with the
 department of state for this purpose, and (iv) a statement  that  it  is
 eligible  to  register  as  a  registered  limited liability partnership
 pursuant to subdivision (a) of this  section.  The  statement  shall  be
 executed  by  one  or  more partners of the registered limited liability
 partnership. [The statement shall be accompanied  by  a  fee  of  twenty
 dollars  if  submitted  directly to the department of state. The commis-
 sioner of taxation and finance and the secretary of state may  agree  to
 allow registered limited liability partnerships to provide the statement
 specified  in  this subdivision on tax reports filed with the department
 of taxation and finance in lieu of statements filed  directly  with  the
 secretary  of  state  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
 registered limited liability partnership required to file the  statement
 specified  in 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 subdivision with the department of
 state. However, each registered limited liability  partnership  required
 to file a statement under this section must continue to file a statement
 with  the  department  of  state  as  required by this section until the
 registered limited liability partnership 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  registered  limited
 liability  partnership  shall continue to provide annually the statement
 specified in this subdivision on its filing fee payment form in lieu  of
 the statement required by this subdivision. The commissioner of taxation
 and  finance  shall  deliver  the  completed statement specified in this
 subdivision to the department of state for  filing.  The  department  of
 taxation  and finance must, to the extent feasible, also include in such
 delivery the current name of the registered limited  liability  partner-
 ship,  department  of  state  identification  number for such registered
 limited liability partnership, the name, signature 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  state-
 ment.]  NO  FEE SHALL BE COLLECTED FOR THE FILING OF THE STATEMENT. If a
 registered limited liability  partnership  shall  not  timely  file  the
 statement  required  by  this  subdivision, the department of state may,
 upon sixty days' notice mailed to the address of such registered limited
 liability partnership as shown in the last registration or statement  or
 certificate  of  amendment  filed  by  such registered limited liability

 S. 7508                            100                           A. 9508
 
 partnership, make a proclamation  declaring  the  registration  of  such
 registered  limited liability partnership to be revoked pursuant to this
 subdivision. The department of state shall file the  original  proclama-
 tion  in its office and shall publish a copy thereof in the state regis-
 ter no later than three months following the date of such  proclamation.
 [This  shall not apply to registered limited liability partnerships that
 have filed a statement with the department of state through the  depart-
 ment of taxation and finance.] Upon the publication of such proclamation
 in  the  manner  aforesaid,  the registration of each registered limited
 liability partnership named in such proclamation shall be deemed revoked
 without further legal  proceedings.  Any  registered  limited  liability
 partnership whose registration was so revoked may file in the department
 of  state  a  statement required by this subdivision. The filing of such
 statement shall have the effect of  annulling  all  of  the  proceedings
 theretofore  taken for the revocation of the registration of such regis-
 tered limited liability partnership under this subdivision and  (1)  the
 registered  limited  liability  partnership  shall  thereupon  have such
 powers, rights, duties and obligations as it had  on  the  date  of  the
 publication  of  the  proclamation, with the same force and effect as if
 such proclamation had not been made or published and (2)  such  publica-
 tion shall not affect the applicability of the provisions of subdivision
 (b)  of  section  twenty-six  of this chapter to any debt, obligation or
 liability incurred, created or assumed from the date of  publication  of
 the  proclamation  through  the date of the filing of the statement with
 the department of state. If, after the publication of such proclamation,
 it shall be determined by the department of state that the name  of  any
 registered  limited  liability  partnership  was erroneously included in
 such proclamation, the department of state shall make appropriate  entry
 on  its  records,  which entry shall have the effect of annulling all of
 the proceedings theretofore taken for the revocation of the registration
 of such registered limited liability partnership under this  subdivision
 and  (A)  such  registered limited liability partnership shall have such
 powers, rights, duties and obligations as it had  on  the  date  of  the
 publication  of  the  proclamation, with the same force and effect as if
 such proclamation had not been made or published and (B)  such  publica-
 tion shall not affect the applicability of the provisions of subdivision
 (b)  of  section  twenty-six  of this chapter to any debt, obligation or
 liability incurred, created or assumed from the date of  publication  of
 the  proclamation  through  the  date  of the making of the entry on the
 records of the  department  of  state.  Whenever  a  registered  limited
 liability  partnership whose registration was revoked shall have filed a
 statement pursuant to this subdivision or if the name  of  a  registered
 limited liability partnership was erroneously included in a proclamation
 and  such  proclamation  was  annulled,  the  department  of state shall
 publish a notice thereof in the state register.
   § 13. Subdivision (d) of section 121-1502 of the partnership  law,  as
 added by chapter 576 of the laws of 1994, is amended to read as follows:
   (d) If a signed notice OR OTHER INSTRUMENT delivered to the department
 of state for filing complies as to form with the requirements of law and
 the  filing fee required by any statute of this state has been paid, the
 [notice] INSTRUMENT shall be filed and  indexed  by  the  department  of
 state.  THE INSTRUMENT'S DATE OF FILING SHALL BE THE DATE THE INSTRUMENT
 WAS RECEIVED BY THE DEPARTMENT OF STATE FOR FILING. AN  INSTRUMENT  THAT
 IS  DETERMINED  BY THE DEPARTMENT OF STATE TO BE UNACCEPTABLE FOR FILING
 SHALL BE RETURNED TO THE PERSON FILING THE INSTRUMENT WITH  AN  EXPLANA-
 TION  OF  THE  REASON  FOR THE REFUSAL TO FILE. IF THE FILER RETURNS THE

 S. 7508                            101                           A. 9508
 
 CORRECTED INSTRUMENT WITHIN THIRTY DAYS FROM THE DATE IT WAS  ORIGINALLY
 RECEIVED  BY THE DEPARTMENT OF STATE AND IT IS DETERMINED BY THE DEPART-
 MENT OF STATE TO BE ACCEPTABLE FOR FILING, THE INSTRUMENT SHALL BE FILED
 AND  INDEXED  BY  THE  DEPARTMENT  OF  STATE  AND THE FILING DATE OF THE
 INSTRUMENT SHALL BE THE FILING DATE THAT WOULD HAVE BEEN APPLIED HAD THE
 ORIGINAL INSTRUMENT BEEN ACCEPTABLE FOR FILING.  If  a  foreign  limited
 liability  partnership  that  is  a  New York registered foreign limited
 liability partnership dissolves, a foreign limited liability partnership
 which is the successor to  such  New  York  registered  foreign  limited
 liability partnership (i) shall not be required to file a new notice and
 shall  be  deemed  to have filed the notice filed by the New York regis-
 tered foreign limited liability partnership pursuant to subdivision  (a)
 of  this  section,  as  well  as any withdrawal notice filed pursuant to
 subdivision (e) of this section, any statement or certificate of consent
 filed pursuant to subdivision (f) of this  section  and  any  notice  of
 amendment  filed  pursuant  to  subdivision (i) of this section and (ii)
 shall be bound by any revocation of status pursuant to  subdivision  (f)
 of  this  section  and  any  annulment  thereof of the dissolved foreign
 limited liability partnership that was a  New  York  registered  foreign
 limited  liability  partnership. For purposes of this section, a foreign
 limited liability partnership  is  a  successor  to  a  foreign  limited
 liability  partnership  that  was  a New York registered foreign limited
 liability partnership if a  majority  of  the  total  interests  in  the
 current  profits of such successor foreign limited liability partnership
 are held by partners of the predecessor foreign limited liability  part-
 nership  that  was a New York registered foreign limited liability part-
 nership who were partners of such  predecessor  partnership  immediately
 prior to the dissolution of such predecessor partnership.
   §  14.  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:
   (I)  Each  New  York  registered foreign limited liability partnership
 shall, within sixty days prior to the fifth anniversary of the effective
 date of its notice and every five years thereafter, furnish a  statement
 to the department of state setting forth:
   (i)  the  name  under  which  the  New York registered foreign limited
 liability partnership is carrying on or conducting or transacting  busi-
 ness  or  activities  in  this  state, (ii) the address 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
 secretary  of state shall mail a copy of any process accepted against it
 served upon him or her,  which  address  shall  supersede  any  previous
 address  on file with the department of state for this purpose, and (iv)
 a statement that it is a  foreign  limited  liability  partnership.  The
 statement  shall  be  executed  by  one or more partners of the New York
 registered foreign limited liability partnership. [The  statement  shall
 be  accompanied  by  a fee of fifty dollars if submitted directly to the
 department of state. The commissioner of taxation and  finance  and  the
 secretary of state may agree to allow New York registered foreign limit-
 ed  liability  partnerships  to  provide the statement specified in this
 paragraph on tax reports filed  with  the  department  of  taxation  and
 finance in lieu of statements filed directly with the secretary of state
 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 New York registered
 foreign limited liability partnership required  to  file  the  statement

 S. 7508                            102                           A. 9508

 specified in this paragraph 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 paragraph directly with the  department
 of  state.  However,  each New York registered foreign limited liability
 partnership required to file a statement under this section must contin-
 ue to file a statement with the department of state as required by  this
 section until the New York registered foreign limited liability partner-
 ship  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  New  York  registered  foreign limited liability partnership
 shall continue to provide annually the statement specified in this para-
 graph on its filing fee payment form in lieu  of  filing  the  statement
 required  by  this  paragraph directly with the department of state. The
 commissioner of taxation and finance shall deliver the completed  state-
 ment  specified in this paragraph to the department of state for filing.
 The department of taxation and finance must,  to  the  extent  feasible,
 also  include  in  such delivery the current name of the New York regis-
 tered foreign limited liability partnership, department of  state  iden-
 tification number for such New York registered foreign limited liability
 partnership,  the  name,  signature  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.] NO FEE SHALL
 BE COLLECTED FOR THE FILING OF THE STATEMENT. If a New  York  registered
 foreign  limited  liability partnership shall not timely file the state-
 ment required by this subdivision, the department  of  state  may,  upon
 sixty  days'  notice  mailed  to the address of such New York registered
 foreign limited liability partnership as shown in  the  last  notice  or
 statement  or certificate of amendment filed by such New York registered
 foreign limited liability partnership, make a proclamation declaring the
 status of such New York registered foreign limited liability partnership
 to be revoked pursuant to this subdivision. [This shall not apply to New
 York registered foreign limited liability partnerships that have filed a
 statement with the department of state through the department  of  taxa-
 tion and finance.] The department of state shall file the original proc-
 lamation  in  its  office  and shall publish a copy thereof in the state
 register no later than three months following the date of such proclama-
 tion. Upon the publication of such proclamation in the manner aforesaid,
 the status of each New York registered foreign limited  liability  part-
 nership  named  in  such  proclamation  shall  be deemed revoked without
 further legal proceedings.  Any  New  York  registered  foreign  limited
 liability  partnership  whose  status  was  so  revoked  may file in the
 department of state a statement required by this subdivision. The filing
 of such statement  shall  have  the  effect  of  annulling  all  of  the
 proceedings  theretofore  taken for the revocation of the status of such
 New York registered foreign limited  liability  partnership  under  this
 subdivision  and  (1)  the New York registered foreign limited liability
 partnership shall thereupon have such powers, rights, duties  and  obli-
 gations  as  it  had on the date of the publication of the proclamation,
 with the same force and effect as if such proclamation had not been made
 or published and (2) such publication shall not affect the applicability
 of the laws of the jurisdiction governing the agreement under which such
 New York registered foreign limited liability partnership  is  operating
 (including  laws governing the liability of partners) to any debt, obli-
 gation or liability incurred, created or assumed from the date of publi-

 S. 7508                            103                           A. 9508

 cation of the proclamation through the date of the filing of the  state-
 ment  with  the  department  of state. If, after the publication of such
 proclamation, it shall be determined by the department of state that the
 name  of  any  New York registered foreign limited liability partnership
 was erroneously included in such proclamation, the department  of  state
 shall  make appropriate entry on its records, which entry shall have the
 effect of annulling all of the proceedings  theretofore  taken  for  the
 revocation  of  the  status  of such New York registered foreign limited
 liability partnership under this  subdivision  and  (1)  such  New  York
 registered foreign limited liability partnership shall have such powers,
 rights,  duties and obligations as it had on the date of the publication
 of the proclamation, with the same force and effect as if such proclama-
 tion had not been made or published and (2) such publication  shall  not
 affect  the  applicability of the laws of the jurisdiction governing the
 agreement under which such New York registered foreign limited liability
 partnership is operating (including  laws  governing  the  liability  of
 partners)  to  any  debt,  obligation  or liability incurred, created or
 assumed from the date of publication of  the  proclamation  through  the
 date  of  the  making  of  the entry on the records of the department of
 state. Whenever a New York registered foreign limited liability partner-
 ship whose status was revoked shall have filed a statement  pursuant  to
 this subdivision or if the name of a New York registered foreign limited
 liability  partnership  was  erroneously  included in a proclamation and
 such proclamation was annulled, the department of state shall publish  a
 notice thereof in the state register.
   § 15. Subdivision 5 of section 192 of the tax law is REPEALED.
   § 16. Subdivision 5 of section 211 of the tax law is REPEALED.
   § 17. Subparagraph (e) of paragraph 3 of subsection (c) of section 658
 of the tax law is REPEALED.
   § 18. Subsection (v) of section 1085 of the tax law is REPEALED.
   § 19. Subsection (dd) of section 685 of the tax law is REPEALED.
   §  20.  This  act shall become effective upon the development of a new
 computerized filing system currently being developed by  the  department
 of  state;  provided further, however, that the secretary of state shall
 notify the legislative bill drafting commission upon the  occurrence  of
 the  development  of a new computerized filing system being developed by
 the department of state 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;  and  provided,  however, sections two, three, four, six,
 seven, eight, twelve, fourteen, fifteen,  sixteen,  seventeen,  eighteen
 and nineteen of this act shall take effect April 1, 2021.
 
                                  PART Y
 
   Section  1.  Expenditures  of  moneys appropriated in a chapter of the
 laws of 2020 to the department  of  agriculture  and  markets  from  the
 special  revenue  funds-other/state  operations,  miscellaneous  special
 revenue fund-339,  public  service  account  shall  be  subject  to  the
 provisions  of  this section. Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the department
 of  agriculture  and  markets'  participation  in   general   ratemaking
 proceedings  pursuant to section 65 of the public service law or certif-
 ication proceedings pursuant to article 7 or 10 of  the  public  service
 law, shall be deemed expenses of the department of public service within

 S. 7508                            104                           A. 9508
 
 the  meaning  of  section  18-a of the public service law. No later than
 August 15, 2021, the commissioner of the department of  agriculture  and
 markets  shall submit an accounting of such expenses, including, but not
 limited  to,  expenses  in the 2020--2021 state fiscal year for personal
 and non-personal services and fringe  benefits,  to  the  chair  of  the
 public  service  commission  for  the  chair's  review  pursuant  to the
 provisions of section 18-a of the public service law.
   § 2. Expenditures of moneys appropriated in a chapter of the  laws  of
 2020  to  the  department  of  state  from  the  special  revenue funds-
 other/state operations, miscellaneous special revenue  fund-339,  public
 service  account  shall  be  subject  to the provisions of this section.
 Notwithstanding any other provision of law to the contrary,  direct  and
 indirect  expenses  relating  to  the  activities  of  the department of
 state's utility intervention unit pursuant to subdivision 4  of  section
 94-a  of  the executive law, including, but not limited to participation
 in general ratemaking proceedings pursuant to section 65 of  the  public
 service  law or certification proceedings pursuant to article 7 or 10 of
 the public service law, shall be deemed expenses of  the  department  of
 public  service within the meaning of section 18-a of the public service
 law.  No later than August 15, 2021, the secretary of state shall submit
 an accounting of such expenses, including, but not limited to,  expenses
 in  the  2020--2021  state  fiscal  year  for  personal and non-personal
 services and fringe benefits, to the chair of the public service commis-
 sion for the chair's review pursuant to the provisions of  section  18-a
 of the public service law.
   §  3.  Expenditures of moneys appropriated in a chapter of the laws of
 2020 to the office of parks, recreation and historic  preservation  from
 the  special revenue funds-other/state operations, miscellaneous special
 revenue fund-339,  public  service  account  shall  be  subject  to  the
 provisions  of  this section. Notwithstanding any other provision of law
 to the contrary, direct and indirect expenses relating to the office  of
 parks,  recreation  and historic preservation's participation in general
 ratemaking proceedings pursuant to section 65 of the public service  law
 or  certification  proceedings pursuant to article 7 or 10 of the public
 service law, shall be  deemed  expenses  of  the  department  of  public
 service within the meaning of section 18-a of the public service law. No
 later  than  August  15,  2021, the commissioner of the office of parks,
 recreation and historic preservation shall submit an accounting of  such
 expenses,  including,  but  not  limited  to, expenses in the 2020--2021
 state fiscal year for personal  and  non-personal  services  and  fringe
 benefits,  to the chair of the public service commission for the chair's
 review pursuant to the provisions of section 18-a of the public  service
 law.
   §  4.  Expenditures of moneys appropriated in a chapter of the laws of
 2020 to the department of environmental conservation  from  the  special
 revenue funds-other/state operations, environmental conservation special
 revenue  fund-301,  utility  environmental  regulation  account shall be
 subject to the provisions of this  section.  Notwithstanding  any  other
 provision  of law to the contrary, direct and indirect expenses relating
 to the department of environmental conservation's participation in state
 energy policy proceedings,  or  certification  proceedings  pursuant  to
 article  7  or 10 of the public service law, shall be deemed expenses of
 the department of public service within the meaning of section  18-a  of
 the  public service law. No later than August 15, 2021, the commissioner
 of the department of environmental conservation shall submit an account-
 ing of such expenses, including, but not limited  to,  expenses  in  the

 S. 7508                            105                           A. 9508
 
 2020--2021  state fiscal year for personal and non-personal services and
 fringe benefits, to the chair of the public service commission  for  the
 chair's  review pursuant to the provisions of section 18-a of the public
 service law.
   §  5. Notwithstanding any other law, rule or regulation to the contra-
 ry, 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. No later than  August  15,
 2021,  the  commissioner  of  the  department  of health shall submit an
 accounting of expenses in the 2020--2021 state fiscal year to the  chair
 of  the public service commission for the chair's review pursuant to the
 provisions of section 217 of the public service law.
   § 6. Any expense deemed to be expenses of  the  department  of  public
 service  pursuant  to sections one through four of this act shall not be
 recovered through assessments imposed  upon  telephone  corporations  as
 defined in subdivision 17 of section 2 of the public service law.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART Z
 
   Section 1. Section 25-a of the public service law, as added by section
 2 of part X of chapter 57 of the laws of 2013, is  amended  to  read  as
 follows:
   §  25-a.  Combination  gas  and  electric corporations; administrative
 sanctions; recovery of penalties. Notwithstanding  sections  twenty-four
 and  twenty-five  of this article: 1. Every combination gas and electric
 corporation and the officers thereof shall adhere to every provision  of
 this  chapter  and  every order or regulation adopted under authority of
 this chapter so long as the same shall be in force.
   2. (a) The commission shall have  the  authority  to  assess  a  civil
 penalty  IN  AN AMOUNT AS SET FORTH IN THIS SECTION AND IMPOSE ANY OTHER
 REQUIRED RELIEF against a combination gas and electric  corporation  and
 the  officers thereof subject to the jurisdiction, supervision, or regu-
 lation pursuant to this chapter [in an  amount  as  set  forth  in  this
 section]. In determining the amount of any penalty to be assessed pursu-
 ant  to this section, the commission shall consider: (i) the seriousness
 of the violation for which a penalty is  sought;  (ii)  the  nature  and
 extent of any previous violations for which penalties have been assessed
 against the corporation or officer; (iii) whether there was knowledge of
 the  violation;  (iv)  the  gross  revenues  and financial status of the
 corporation; and (v) such other  factors  as  the  commission  may  deem
 appropriate  and relevant. The remedies provided by this subdivision are
 in addition to any other remedies provided in law OR EQUITY.
   (b) [Whenever the commission has reason to believe that a  combination
 gas  and electric corporation or such officers thereof should be subject
 to imposition of a civil penalty as set forth in  this  subdivision,  it
 shall  notify  such  corporation or officer.] TO INFORM THE COMMISSION'S
 DECISION UNDER THIS SECTION, THE DEPARTMENT IS AUTHORIZED, PURSUANT TO A
 REFERRAL MADE BY THE CHIEF  EXECUTIVE  OFFICER  OF  THE  DEPARTMENT,  TO
 COMMENCE A PROCEEDING PURSUANT TO THIS SECTION UPON ISSUANCE OF A NOTICE
 OF  VIOLATION  IF IT BELIEVES THAT A COMBINATION GAS AND ELECTRIC CORPO-
 RATION, OR SUCH OFFICERS THEREOF, MAY BE  SUBJECT  TO  IMPOSITION  OF  A
 CIVIL  PENALTY AS SET FORTH IN THIS SUBDIVISION AND/OR SUCH OTHER RELIEF
 AS MAY BE REQUIRED TO ADDRESS SUCH ALLEGED VIOLATION. Such notice  shall

 S. 7508                            106                           A. 9508

 include,  but  shall  not  be  limited  to:  (i)  the  date  and a brief
 description of the facts and nature of each act or failure  to  act  for
 which  such penalty is proposed; (ii) a list of each statute, regulation
 or  order  that  the  [commission] DEPARTMENT alleges has been violated;
 [and] (iii) the amount of each penalty that the [commission]  DEPARTMENT
 proposes [to assess] BE ASSESSED; AND (IV) ANY PROPOSED ACTIONS THAT THE
 DEPARTMENT   DEEMS  NECESSARY  TO  ADDRESS  SUCH  ALLEGED  VIOLATION  OR
 VIOLATIONS. TO FURTHER INFORM THE COMMISSION'S DECISION PURSUANT TO THIS
 SUBDIVISION, THE DEPARTMENT IS AUTHORIZED TO  UNDERTAKE  ANY  ADDITIONAL
 ADMINISTRATIVE  OR  INVESTIGATORY  ACTIONS  RELATED TO SUCH VIOLATION OR
 VIOLATIONS, INCLUDING BUT NOT LIMITED TO, SERVICE OF  AN  ADMINISTRATIVE
 COMPLAINT,  IMPLEMENTATION  OF DISCOVERY, AND THE HOLDING OF EVIDENTIARY
 HEARINGS.
   (c) [Whenever the commission has reason to believe that a  combination
 gas  and electric corporation or such officers thereof should be subject
 to imposition of a civil penalty or  penalties  as  set  forth  in  this
 subdivision,  the commission shall hold a hearing to demonstrate why the
 proposed penalty or penalties should be assessed against  such  combina-
 tion  gas  and  electric corporation or such officers] ANY ASSESSMENT OF
 PENALTIES, RESOLUTION OF CLAIMS OR IMPOSITION OF OTHER RELIEF LEVIED  BY
 THE  DEPARTMENT  PURSUANT  TO  AN  INVESTIGATION OR COMPLIANT PROCEEDING
 COMMENCED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SHALL BE SUBJECT
 TO REVIEW AND APPROVAL BY THE COMMISSION.
   3. Any combination gas and  electric  corporation  determined  by  the
 commission  to have failed to [reasonably] comply, as shown by a prepon-
 derance of the evidence, with a provision of this chapter, regulation or
 an order adopted under authority of this chapter so  long  as  the  same
 shall  be  in force shall forfeit a sum not exceeding the greater of one
 hundred thousand dollars or two one-hundredths of  one  percent  of  the
 annual  intrastate  gross  operating  revenue  of  the  corporation, not
 including taxes paid to and revenues collected on behalf  of  government
 entities,  constituting  a civil penalty for each and every offense and,
 in the case of a continuing violation, each day shall be deemed a  sepa-
 rate and distinct offense.
   4.  Notwithstanding  the  provisions  of  subdivision  three  of  this
 section, any such combination gas and electric corporation determined by
 the commission to have failed to [reasonably] comply with a provision of
 this chapter, or an order or regulation adopted under the  authority  of
 this  chapter  specifically  for  the  protection  of  human  safety  or
 prevention of significant damage to real property,  including,  but  not
 limited to, the commission's code of gas safety regulations shall, if it
 is  determined by the commission by a preponderance of the evidence that
 such safety violation caused or constituted  a  contributing  factor  in
 bringing  about:   (a) a death or personal injury; or (b) damage to real
 property in excess of fifty thousand  dollars,  forfeit  a  sum  not  to
 exceed the greater of:
   (i)  two hundred fifty thousand dollars or three one-hundredths of one
 percent of the annual intrastate gross operating revenue of  the  corpo-
 ration,  not including taxes paid to and revenues collected on behalf of
 government entities, whichever is greater, constituting a civil  penalty
 for  each  separate  and  distinct  offense; provided, however, that for
 purposes of this paragraph, each day of a continuing violation shall not
 be deemed a separate and distinct offense. The total period of a contin-
 uing violation, as well as every distinct violation, shall be  similarly
 treated  as  a  separate and distinct offense for purposes of this para-
 graph; or

 S. 7508                            107                           A. 9508

   (ii) the maximum forfeiture determined in accordance with  subdivision
 three of this section.
   5. Notwithstanding the provisions of subdivision three or four of this
 section,  a  combination  gas and electric corporation determined by the
 commission to have failed to [reasonably] comply by a  preponderance  of
 the evidence with a provision of this chapter, or an order or regulation
 adopted under authority of this chapter, designed to protect the overall
 reliability and continuity of electric service, including but not limit-
 ed to the restoration of electric service following a major outage event
 or emergency, shall forfeit a sum not to exceed the greater of:
   (a)  five  hundred  thousand  dollars  or  four  one-hundredths of one
 percent of the annual intrastate gross operating revenue of  the  corpo-
 ration,  not including taxes paid to and revenues collected on behalf of
 government entities, whichever is greater, constituting a civil  penalty
 for  each  separate  and  distinct  offense; provided, however, that for
 purposes of this paragraph each day of a continuing violation shall  not
 be deemed a separate and distinct offense. The total period of a contin-
 uing  violation,  as well as every distinct violation shall be similarly
 treated as a separate and distinct offense for purposes  of  this  para-
 graph; or
   (b)  the  maximum forfeiture determined in accordance with subdivision
 three of this section.
   6. Any officer of any combination gas and electric corporation  deter-
 mined  by  the commission to have violated the provisions of subdivision
 three, four, or five of this  section,  and  who  knowingly  violates  a
 provision of this chapter, regulation or an order adopted under authori-
 ty of this chapter so long as the same shall be in force shall forfeit a
 sum  not  to  exceed  one  hundred thousand dollars constituting a civil
 penalty for each and every offense and, in  the  case  of  a  continuing
 violation, each day shall be deemed a separate and distinct offense.
   7.  [Any  such  assessment  may  be compromised or discontinued by the
 commission.] All moneys recovered pursuant  to  this  section,  together
 with the costs thereof, shall be remitted to, or for the benefit of, the
 ratepayers in a manner to be determined by the commission.
   8.  Upon  a  failure  by a combination gas and electric corporation or
 officer to remit any penalty assessed by the commission pursuant to this
 section, the commission, through its counsel, may institute an action or
 special proceeding to collect the penalty in a court of competent juris-
 diction.
   9. Any payment made by a combination gas and electric  corporation  or
 the  officers  thereof  as a result of an assessment as provided in this
 section, and the cost of litigation and  investigation  related  to  any
 such assessment, shall not be recoverable from ratepayers.
   10.  In construing and enforcing the provisions of this chapter relat-
 ing to penalties, the act of any director, officer, agent or employee of
 a combined gas and electric corporation acting within the scope  of  his
 or  her  official  duties or employment shall be deemed to be the act of
 such corporation.
   11. It shall be a violation of this chapter should a director, officer
 or employee of a public utility company, corporation, person  acting  in
 his  or  her official duties or employment, or an agent acting on behalf
 of an employer take retaliatory  personnel  action  such  as  discharge,
 suspension, demotion, penalization or discrimination against an employee
 for  reporting  a  violation  of  a provision of this chapter [of] OR an
 order or regulation adopted under the authority of this chapter, includ-
 ing, but not limited to, those  governing  safe  and  adequate  service,

 S. 7508                            108                           A. 9508
 
 protection  of  human safety or prevention of significant damage to real
 property, including, but not limited to, the commission's  code  of  gas
 safety.    Nothing  in  this subdivision shall be deemed to diminish the
 rights,  privileges  or  remedies of any employee under any other law or
 regulation, including but not limited to article twenty-C of  the  labor
 law  and  section  seventy-five-b of the civil service law, or under any
 collective bargaining agreement or employment contract.
   § 2. The public service law is amended by adding a new section 25-b to
 read as follows:
   § 25-B.  ADMINISTRATIVE  ACTIONS  AGAINST  OTHER  REGULATED  ENTITIES.
 NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS CHAPTER, SECTION TWENTY-
 FIVE-A OF THIS ARTICLE SHALL APPLY IN EQUAL FORCE TO:  (1)  AN  ELECTRIC
 CORPORATION  AS  DEFINED  IN SUBDIVISION THIRTEEN OF SECTION TWO OF THIS
 CHAPTER; (2) A GAS CORPORATION  AS  DEFINED  IN  SUBDIVISION  ELEVEN  OF
 SECTION  TWO  OF  THIS  CHAPTER; (3) A CABLE TELEVISION COMPANY OR CABLE
 TELEVISION SYSTEM AS DEFINED IN SUBDIVISIONS ONE AND TWO OF SECTION  TWO
 HUNDRED  TWELVE  OF THIS CHAPTER; (4) A TELEPHONE CORPORATION AS DEFINED
 IN SUBDIVISION SEVENTEEN OF SECTION TWO OF THIS  CHAPTER;  (5)  A  STEAM
 CORPORATION  AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION TWO OF THIS
 CHAPTER; AND (6) A WATER-WORKS CORPORATION  AS  DEFINED  IN  SUBDIVISION
 TWENTY-SEVEN OF SECTION TWO OF THIS CHAPTER.
   § 3. This act shall take effect immediately.
 
                                  PART AA
 
   Section  1.  The public service law is amended by adding a new article
 12 to read as follows:
                                ARTICLE 12
             PROVISIONS RELATING TO INTERNET SERVICE PROVIDERS
 SECTION 250. DEFINITIONS.
         251. PROHIBITIONS.
         252. CONSUMER NOTICE OF SERVICE PRACTICES.
         253. ANNUAL CERTIFICATION.
         254. ADMINISTRATION AND ENFORCEMENT.
         255. SEVERABILITY.
   § 250. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "APPLICATION-AGNOSTIC"  MEANS  NOT DIFFERENTIATING ON THE BASIS OF
 SOURCE, DESTINATION, INTERNET CONTENT, APPLICATION, SERVICE, OR  DEVICE,
 OR CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE.
   2.  "APPLICATION-SPECIFIC DIFFERENTIAL PRICING" MEANS CHARGING DIFFER-
 ENT PRICES FOR INTERNET TRAFFIC TO CUSTOMERS ON THE  BASIS  OF  INTERNET
 CONTENT,  APPLICATION, SERVICE, OR DEVICE, OR CLASS OF INTERNET CONTENT,
 APPLICATION, SERVICE, OR DEVICE, BUT SHALL NOT INCLUDE ZERO-RATING.
   3. "BROADBAND INTERNET ACCESS  SERVICE"  MEANS  A  MASS-MARKET  RETAIL
 SERVICE  BY WIRE OR RADIO PROVIDED TO CUSTOMERS IN THE STATE OF NEW YORK
 THAT PROVIDES THE CAPABILITY TO TRANSMIT DATA TO, AND RECEIVE DATA FROM,
 ALL OR SUBSTANTIALLY ALL INTERNET ENDPOINTS, INCLUDING ANY  CAPABILITIES
 THAT  ARE  INCIDENTAL  TO AND ENABLE THE OPERATION OF THE COMMUNICATIONS
 SERVICE, BUT EXCLUDING DIAL-UP  INTERNET  ACCESS  SERVICE.    "BROADBAND
 INTERNET  ACCESS  SERVICE"  SHALL ALSO ENCOMPASS ANY SERVICE PROVIDED TO
 CUSTOMERS IN THE STATE OF NEW YORK THAT PROVIDES A FUNCTIONAL EQUIVALENT
 OF SUCH SERVICE OR THAT IS USED TO EVADE THE PROTECTIONS  SET  FORTH  IN
 THIS CHAPTER.
   4.  "CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR DEVICE" MEANS
 INTERNET CONTENT, OR A GROUP  OF  INTERNET  APPLICATIONS,  SERVICES,  OR

 S. 7508                            109                           A. 9508
 
 DEVICES, SHARING A COMMON CHARACTERISTIC, INCLUDING, BUT NOT LIMITED TO,
 SHARING  THE  SAME  SOURCE OR DESTINATION, BELONGING TO THE SAME TYPE OF
 CONTENT, APPLICATION, SERVICE, OR DEVICE, USING THE SAME APPLICATION  OR
 TRANSPORT-LAYER  PROTOCOL,  OR HAVING SIMILAR TECHNICAL CHARACTERISTICS,
 INCLUDING, BUT NOT LIMITED TO, THE SIZE, SEQUENCING, OR TIMING OF  PACK-
 ETS OR SENSITIVITY TO DELAY.
   5.  "CONTENT,  APPLICATIONS,  OR  SERVICES" MEANS ALL INTERNET TRAFFIC
 TRANSMITTED TO OR FROM END USERS OF A BROADBAND INTERNET ACCESS SERVICE,
 INCLUDING TRAFFIC THAT MAY NOT FIT CLEARLY INTO ANY OF THESE CATEGORIES.
   6. "EDGE PROVIDER" MEANS ANY INDIVIDUAL OR ENTITY  THAT  PROVIDES  ANY
 CONTENT,  APPLICATION,  OR SERVICE OVER THE INTERNET, AND ANY INDIVIDUAL
 OR ENTITY THAT PROVIDES A DEVICE USED FOR ACCESSING ANY CONTENT,  APPLI-
 CATION, OR SERVICE OVER THE INTERNET.
   7.  "END  USER"  MEANS  ANY INDIVIDUAL OR ENTITY THAT USES A BROADBAND
 INTERNET ACCESS SERVICE.
   8. "INTERNET SERVICE PROVIDER" OR "ISP" MEANS A BUSINESS THAT PROVIDES
 BROADBAND INTERNET ACCESS SERVICE TO AN INDIVIDUAL, CORPORATION, GOVERN-
 MENT, OR OTHER CUSTOMER IN THE STATE OF NEW YORK.
   9. "ISP TRAFFIC EXCHANGE"  MEANS  THE  EXCHANGE  OF  INTERNET  TRAFFIC
 DESTINED  FOR,  OR  ORIGINATING FROM, AN INTERNET SERVICE PROVIDER'S END
 USERS BETWEEN THE INTERNET SERVICE PROVIDER'S NETWORK AND ANOTHER  INDI-
 VIDUAL OR ENTITY.
   10.  "MASS MARKET" MEANS A SERVICE MARKETED AND SOLD ON A STANDARDIZED
 BASIS TO RESIDENTIAL CUSTOMERS,  SMALL  BUSINESSES,  AND  OTHER  END-USE
 CUSTOMERS, INCLUDING, BUT NOT LIMITED TO, SCHOOLS, INSTITUTIONS OF HIGH-
 ER LEARNING AND LIBRARIES.
   11.  "MOBILE  BROADBAND  INTERNET  ACCESS"  MEANS A BROADBAND INTERNET
 ACCESS SERVICE THAT SERVES END USERS PRIMARILY USING MOBILE STATIONS.
   12. "NETWORK MANAGEMENT PRACTICE" MEANS A PRACTICE THAT HAS A PRIMARI-
 LY TECHNICAL NETWORK MANAGEMENT JUSTIFICATION.
   13. "REASONABLE NETWORK MANAGEMENT PRACTICE" MEANS A  NETWORK  MANAGE-
 MENT  PRACTICE  THAT IS PRIMARILY USED FOR, AND TAILORED TO, ACHIEVING A
 LEGITIMATE NETWORK MANAGEMENT PURPOSE, TAKING INTO ACCOUNT  THE  PARTIC-
 ULAR  NETWORK  ARCHITECTURE  AND  TECHNOLOGY  OF  THE BROADBAND INTERNET
 ACCESS SERVICE.
   14. "THIRD-PARTY PAID  PRIORITIZATION"  MEANS  THE  MANAGEMENT  OF  AN
 INTERNET SERVICE PROVIDER'S NETWORK TO DIRECTLY OR INDIRECTLY FAVOR SOME
 TRAFFIC  OVER  OTHER  TRAFFIC,  INCLUDING  THE USE OF TECHNIQUES SUCH AS
 TRAFFIC SHAPING, PRIORITIZATION, RESOURCE RESERVATION, OR OTHER FORMS OF
 PREFERENTIAL TRAFFIC MANAGEMENT, EITHER:
   (A) IN EXCHANGE FOR CONSIDERATION, MONETARY OR OTHERWISE, FROM A THIRD
 PARTY; OR
   (B) TO BENEFIT AN AFFILIATED ENTITY.
   15. "ZERO-RATING" MEANS EXEMPTING SOME INTERNET TRAFFIC FROM A CUSTOM-
 ER'S DATA USAGE LIMITATION.
   § 251. PROHIBITIONS. 1. NOTWITHSTANDING ANY INCONSISTENT PROVISIONS OF
 THIS CHAPTER, IT SHALL BE UNLAWFUL FOR AN ISP,  IN  PROVIDING  BROADBAND
 INTERNET  ACCESS SERVICE IN THE STATE, TO ENGAGE IN ANY OF THE FOLLOWING
 ACTIVITIES:
   (A) BLOCKING LAWFUL CONTENT, APPLICATIONS,  SERVICES,  OR  NON-HARMFUL
 DEVICES, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (B)  THROTTLING, ALTERING, RESTRICTING, INTERFERING WITH, OR OTHERWISE
 DIRECTLY  OR  INDIRECTLY  FAVORING,  DISADVANTAGING,  OR  DISCRIMINATING
 BETWEEN  LAWFUL  INTERNET  TRAFFIC  ON THE BASIS OF SOURCE, DESTINATION,
 INTERNET CONTENT, APPLICATION, OR  SERVICE,  OR  USE  OF  A  NON-HARMFUL

 S. 7508                            110                           A. 9508
 
 DEVICE,  OR  OF CLASS OF INTERNET CONTENT, APPLICATION, SERVICE, OR NON-
 HARMFUL DEVICE, SUBJECT TO REASONABLE NETWORK MANAGEMENT PRACTICES.
   (C) ENGAGING IN THIRD-PARTY PAID PRIORITIZATION.
   (D) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING OR ZERO-RAT-
 ING  IN  EXCHANGE  FOR  CONSIDERATION,  MONETARY  OR OTHERWISE, BY THIRD
 PARTIES.
   (E) ZERO-RATING SOME  INTERNET  CONTENT,  APPLICATIONS,  SERVICES,  OR
 DEVICES  IN  A  CATEGORY OF INTERNET CONTENT, APPLICATIONS, SERVICES, OR
 DEVICES, BUT NOT THE ENTIRE CATEGORY.
   (F) ENGAGING IN APPLICATION-SPECIFIC DIFFERENTIAL PRICING.
   (G) UNREASONABLY INTERFERING  WITH,  OR  UNREASONABLY  DISADVANTAGING,
 EITHER AN END USER'S ABILITY TO SELECT, ACCESS, AND USE BROADBAND INTER-
 NET  ACCESS  SERVICE OR LAWFUL INTERNET CONTENT, APPLICATIONS, SERVICES,
 OR DEVICES OF THE END  USER'S  CHOICE,  SUBJECT  TO  REASONABLE  NETWORK
 MANAGEMENT PRACTICES.
   (H)  ENGAGING  IN  PRACTICES  WITH  RESPECT  TO,  RELATED  TO,  OR  IN
 CONNECTION WITH ISP TRAFFIC EXCHANGE THAT HAS THE PURPOSE OR  EFFECT  OF
 CIRCUMVENTING OR UNDERMINING THE EFFECTIVENESS OF THIS SECTION.
   (I)  ENGAGING  IN  DECEPTIVE  OR  MISLEADING  MARKETING PRACTICES THAT
 MISREPRESENT THE TREATMENT OF INTERNET TRAFFIC,  CONTENT,  APPLICATIONS,
 SERVICE  OR  DEVICES BY THE INTERNET SERVICE PROVIDER, OR THAT MISREPRE-
 SENT THE PERFORMANCE CHARACTERISTICS OR COMMERCIAL TERMS OF  THE  BROAD-
 BAND INTERNET ACCESS SERVICE TO ITS CUSTOMERS.
   (J)  ADVERTISING,  OFFERING  FOR  SALE  OR  SELLING BROADBAND INTERNET
 ACCESS SERVICE  WITHOUT  PROMINENTLY  DISCLOSING  WITH  SPECIFICITY  ALL
 ASPECTS OF THE SERVICE ADVERTISED, OFFERED FOR SALE OR SOLD.
   (K)  FAILING  TO  PUBLICLY DISCLOSE ACCURATE INFORMATION REGARDING THE
 NETWORK MANAGEMENT PRACTICES, PERFORMANCE, AND COMMERCIAL TERMS  OF  ITS
 BROADBAND  INTERNET  ACCESS  SERVICES  SUFFICIENT  FOR CONSUMERS TO MAKE
 INFORMED CHOICES REGARDING USE OF THOSE SERVICES AND FOR CONTENT, APPLI-
 CATION, SERVICE AND DEVICE PROVIDERS TO  DEVELOP,  MARKET  AND  MAINTAIN
 INTERNET OFFERINGS.
   (L)  OFFERING  OR  PROVIDING  SERVICES  OTHER  THAN BROADBAND INTERNET
 ACCESS SERVICE THAT ARE DELIVERED OVER THE SAME LAST-MILE CONNECTION  AS
 THE  BROADBAND INTERNET ACCESS SERVICE, IF THOSE SERVICES SATISFY ANY OF
 THE FOLLOWING CONDITIONS:
   (I) SUCH SERVICES ARE MARKETED, PROVIDE OR CAN BE USED AS A FUNCTIONAL
 EQUIVALENT OF BROADBAND INTERNET ACCESS SERVICE;
   (II) SUCH SERVICES HAVE THE PURPOSE  OR  EFFECT  OF  CIRCUMVENTING  OR
 UNDERMINING THE EFFECTIVENESS OF THIS SECTION; OR
   (III)  SUCH  SERVICES  NEGATIVELY  AFFECT THE PERFORMANCE OF BROADBAND
 INTERNET ACCESS SERVICE.
   2. (A) AN INTERNET SERVICE PROVIDER MAY OFFER DIFFERENT TYPES OF TECH-
 NICAL TREATMENT TO END USERS AS PART OF ITS  BROADBAND  INTERNET  ACCESS
 SERVICE,  WITHOUT  VIOLATING  THE  PROVISIONS OF SUBDIVISION ONE OF THIS
 SECTION, IF ALL OF THE FOLLOWING CONDITIONS EXIST:
   (I) THE DIFFERENT TYPES OF TECHNICAL TREATMENT ARE  EQUALLY  AVAILABLE
 TO  ALL  INTERNET  CONTENT,  APPLICATIONS, SERVICES AND DEVICES, AND ALL
 CLASSES OF INTERNET CONTENT, APPLICATIONS, SERVICES AND DEVICES, AND THE
 INTERNET SERVICE PROVIDER DOES NOT DISCRIMINATE IN THE PROVISION OF  THE
 DIFFERENT TYPES OF TECHNICAL TREATMENT ON THE BASIS OF INTERNET CONTENT,
 APPLICATION,  SERVICE  OR DEVICE, OR CLASS OF INTERNET CONTENT, APPLICA-
 TION, SERVICE OR DEVICE;
   (II) THE INTERNET SERVICE PROVIDER'S END  USERS  ARE  ABLE  TO  CHOOSE
 WHETHER,  WHEN,  AND FOR WHICH INTERNET CONTENT, APPLICATIONS, SERVICES,

 S. 7508                            111                           A. 9508
 
 OR DEVICES, OR CLASSES OF INTERNET CONTENT, APPLICATIONS,  SERVICES,  OR
 DEVICES, TO USE EACH TYPE OF TECHNICAL TREATMENT; AND
   (III)  THE  INTERNET  SERVICE  PROVIDER CHARGES ONLY ITS OWN BROADBAND
 INTERNET ACCESS SERVICE CUSTOMERS FOR THE USE OF THE DIFFERENT TYPES  OF
 TECHNICAL TREATMENT.
   (B)  ANY INTERNET SERVICE PROVIDER OFFERING DIFFERENT TYPES OF TECHNI-
 CAL TREATMENT PURSUANT TO THIS SUBDIVISION SHALL NOTIFY  THE  DEPARTMENT
 AND PROVIDE THE DEPARTMENT WITH A SAMPLE OF ANY SERVICE CONTRACT THAT IT
 OFFERS TO CUSTOMERS IN THE STATE OF NEW YORK.
   3.  AN  INTERNET  SERVICE  PROVIDER  MAY ZERO-RATE INTERNET TRAFFIC IN
 APPLICATION-AGNOSTIC WAYS, WITHOUT VIOLATING THE PROVISIONS OF  SUBDIVI-
 SION  ONE  OF  THIS SECTION, PROVIDED THAT NO CONSIDERATION, MONETARY OR
 OTHERWISE, IS PROVIDED BY ANY THIRD PARTY IN EXCHANGE FOR THE PROVIDER'S
 DECISION TO ZERO-RATE OR TO NOT ZERO-RATE TRAFFIC.
   4. NOTHING IN THIS SECTION PROHIBITS AN ISP FROM MEETING AN OBLIGATION
 TO ADDRESS THE NEEDS OF EMERGENCY  COMMUNICATIONS  OR  LAW  ENFORCEMENT,
 PUBLIC  SAFETY  OR  NATIONAL SECURITY AUTHORITIES, CONSISTENT WITH OR AS
 PERMITTED BY APPLICABLE LAW, OR LIMITS THE ISP'S ABILITY TO DO SO.
   § 252. CONSUMER NOTICE OF SERVICE PRACTICES. AN ISP  PROVIDING  BROAD-
 BAND  SERVICE  IN  THE  STATE  SHALL MAKE PUBLICLY AVAILABLE AN ACCURATE
 DESCRIPTION OF SUCH ISP'S NETWORK MANAGEMENT PRACTICES, PERFORMANCE  AND
 COMMERCIAL  TERMS  OF  ITS  BROADBAND INTERNET ACCESS SERVICE BY POSTING
 SUCH DESCRIPTION ON AN ISP CONTROLLED OR  MAINTAINED  WEBSITE,  PROVIDED
 THAT NOTHING IN THIS SECTION SHALL REQUIRE ISPS TO DISCLOSE CONFIDENTIAL
 BUSINESS  INFORMATION OR INFORMATION THAT WOULD COMPROMISE NETWORK SECU-
 RITY.
   § 253. ANNUAL CERTIFICATION. EVERY ISP PROVIDING BROADBAND SERVICE  IN
 THE  STATE  SHALL SUBMIT A CERTIFICATION TO THE DEPARTMENT IN A FORM AND
 MANNER SPECIFIED BY THE COMMISSION, BY JULY FIRST, TWO THOUSAND  TWENTY-
 ONE  AND  ANNUALLY  THEREAFTER.  SUCH  CERTIFICATION SHALL INCLUDE, AT A
 MINIMUM:
   1. A STATEMENT INDICATING  WHETHER  THE  ISP  IS  IN  COMPLIANCE  WITH
 SECTIONS  TWO  HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO OF THIS ARTI-
 CLE;
   2. A DESCRIPTION OF SUCH ISP'S EFFORTS IN THE PRECEDING YEAR TO INFORM
 END USERS OF THE PROVIDER'S EFFORTS TO ENSURE NET  NEUTRAL  SERVICE  AND
 THE ADDRESS OF THE ISP'S WEBSITE WHERE SUCH INFORMATION IS PROVIDED; AND
   3.  ANY OTHER INFORMATION REQUIRED BY RULES PROMULGATED BY THE DEPART-
 MENT AND APPROVED BY THE COMMISSION.
   § 254. ADMINISTRATION AND ENFORCEMENT.  1.  THE  COMMISSION  SHALL  BE
 AUTHORIZED TO PROMULGATE ANY RULES OR REGULATIONS NECESSARY TO IMPLEMENT
 THE PROVISIONS OF THIS ARTICLE.
   2. VIOLATIONS OF ANY DUTY IMPOSED BY THIS ARTICLE SHALL BE ENFORCEABLE
 BY  THE  COMMISSION.  ANY ISP THAT VIOLATES ANY PROVISION OF OR FAILS TO
 PERFORM ANY DUTY IMPOSED PURSUANT TO THIS ARTICLE OR ANY RULE  OR  REGU-
 LATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER
 OF  THE  COMMISSION  MADE PURSUANT TO THIS ARTICLE SHALL BE LIABLE FOR A
 CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS FOR EACH VIOLATION  AND
 AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY
 DURING WHICH SUCH VIOLATION CONTINUES.
   3.  IN ADDITION TO THE AUTHORITY GRANTED TO THE COMMISSION PURSUANT TO
 THIS CHAPTER, THE ATTORNEY GENERAL MAY ENFORCE THE  PROVISIONS  OF  THIS
 ARTICLE  TO THE EXTENT PERMITTED UNDER SECTION SIXTY-THREE OF THE EXECU-
 TIVE LAW.

 S. 7508                            112                           A. 9508
 
   4. NOTHING IN THIS ARTICLE SHALL PRECLUDE OR PROHIBIT  ANY  PUBLIC  OR
 PRIVATE  RIGHT  OF  ACTION RELATING TO FRAUD OR DECEPTIVE BUSINESS PRAC-
 TICES.
   § 255. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERABLE
 AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE, OR THE
 APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVAL-
 ID,  THE REMAINDER OF THIS ARTICLE AND THE APPLICATION THEREOF SHALL NOT
 BE AFFECTED THEREBY.
   § 2. The state finance law is amended by adding a new section  169  to
 read as follows:
   §  169.  NET NEUTRALITY.  EACH STATE AGENCY SHALL ENTER INTO CONTRACTS
 WITH ONLY THOSE INTERNET SERVICE PROVIDERS THAT HAVE, BY JULY FIRST, TWO
 THOUSAND TWENTY-ONE, CERTIFIED PURSUANT TO SECTION  TWO  HUNDRED  FIFTY-
 THREE  OF  THE  PUBLIC  SERVICE  LAW  THAT  THEY  ARE IN COMPLIANCE WITH
 SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO OF  THE  PUBLIC
 SERVICE  LAW.    EACH CONTRACT FOR INTERNET SERVICES PROVIDED TO A STATE
 AGENCY SHALL SPECIFICALLY REQUIRE CERTIFICATION PURSUANT TO SECTION  TWO
 HUNDRED  FIFTY-THREE OF THE PUBLIC SERVICE LAW AND STATE THAT THE INTER-
 NET  SERVICE  PROVIDER  MAY  NOT  BLOCK  LAWFUL  CONTENT,  APPLICATIONS,
 SERVICES,  NON-HARMFUL  DEVICES  OR APPLICATIONS THAT COMPETE WITH OTHER
 SERVICES PROVIDED BY SUCH INTERNET SERVICE  PROVIDER.  ANY  CONTRACT  OR
 CONTRACT  RENEWAL ENTERED INTO BY A STATE AGENCY SHALL INCLUDE A BINDING
 AGREEMENT CONSISTENT WITH THE FOREGOING PROVISIONS, AND NO STATE  AGENCY
 SHALL  ENTER INTO A CONTRACT WITH AN INTERNET SERVICE PROVIDER, AN AGENT
 THEREFOR OR OTHER ENTITY OFFERING TO OR PROCURING ON BEHALF OF THE STATE
 AGENCY INTERNET SERVICES UNLESS SUCH CONTRACT CONTAINS  SUCH  A  BINDING
 AGREEMENT.
   § 3. Subdivision 9 of section 160 of the state finance law, as amended
 by chapter 106 of the laws of 2012, is amended to read as follows:
   9.  "State  agency"  or  "state agencies" means all state departments,
 boards, commissions, offices or institutions but excludes, however,  for
 the  purposes of subdivision five of section three hundred fifty-five of
 the education law, the state university of New York  and  excludes,  for
 the  purposes  of subdivision a of section sixty-two hundred eighteen of
 the education law, the city university of New York;  provided,  however,
 that  the  state  university  of New York and the city university of New
 York shall be subject to the provisions of section  one  hundred  sixty-
 five-a  AND SECTION ONE HUNDRED SIXTY-NINE of this article. Furthermore,
 such term shall not include the legislature or the judiciary.
   § 4. The public authorities law is amended by  adding  a  new  section
 2878-c to read as follows:
   §  2878-C.  NET NEUTRALITY. AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE,
 EACH STATE AGENCY SHALL ENTER INTO CONTRACTS WITH  ONLY  THOSE  INTERNET
 SERVICE PROVIDERS THAT HAVE, BY SUCH DATE, CERTIFIED PURSUANT TO SECTION
 TWO  HUNDRED  FIFTY-THREE  OF  THE  PUBLIC  SERVICE LAW THAT THEY ARE IN
 COMPLIANCE WITH SECTIONS TWO HUNDRED FIFTY-ONE AND TWO HUNDRED FIFTY-TWO
 OF THE PUBLIC SERVICE LAW.  EACH CONTRACT FOR INTERNET SERVICES PROVIDED
 TO A STATE AGENCY SHALL SPECIFICALLY REQUIRE CERTIFICATION  PURSUANT  TO
 SECTION TWO HUNDRED FIFTY-THREE OF THE PUBLIC SERVICE LAW AND STATE THAT
 THE  INTERNET  SERVICE  PROVIDER  MAY NOT BLOCK LAWFUL CONTENT, APPLICA-
 TIONS, SERVICES, NON-HARMFUL DEVICES OR APPLICATIONS THAT  COMPETE  WITH
 OTHER  SERVICES PROVIDED BY SUCH INTERNET SERVICE PROVIDER. ANY CONTRACT
 OR CONTRACT RENEWAL ENTERED INTO BY A STATE AUTHORITY  SHALL  INCLUDE  A
 BINDING AGREEMENT CONSISTENT WITH THE FOREGOING PROVISIONS, AND NO STATE
 AUTHORITY SHALL ENTER INTO A CONTRACT WITH AN INTERNET SERVICE PROVIDER,
 AN  AGENT THEREFOR OR OTHER ENTITY OFFERING TO OR PROCURING ON BEHALF OF

 S. 7508                            113                           A. 9508
 
 THE STATE AUTHORITY INTERNET SERVICES UNLESS SUCH CONTRACT CONTAINS SUCH
 A BINDING AGREEMENT.
   §  5.  Section  349 of the general business law is amended by adding a
 new subdivision (k) to read as follows:
   (K) IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
 ANY  VIOLATION  OF  THIS  SECTION  IN RELATION TO OBLIGATIONS IMPOSED BY
 SECTION TWO HUNDRED FIFTY-ONE OF THE PUBLIC SERVICE  LAW  MAY  BRING  AN
 ACTION  TO  ENJOIN  SUCH  UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER
 ACTUAL DAMAGES OR FIVE HUNDRED DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
 SUCH  ACTIONS.  THE  COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF
 DAMAGES TO AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES IF THE
 COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THIS  SECTION.
 THE  COURT  MAY  AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAIN-
 TIFF.
   § 6. This act shall take effect immediately.
 
                                  PART BB
 
   Section 1. The general municipal law is amended by adding a new  arti-
 cle 13-E to read as follows:
                               ARTICLE 13-E
                   SMALL WIRELESS FACILITIES DEPLOYMENT
 SECTION 300. DEFINITIONS.
         301. USE OF RIGHT OF WAY FOR SMALL WIRELESS FACILITIES AND UTIL-
                ITY POLES.
         302. PERMITTING PROCESS FOR SMALL WIRELESS FACILITIES.
         303. ACCESS  TO  MUNICIPAL CORPORATION POLES WITHIN THE RIGHT OF
                WAY.
         304. RATES AND FEES.
         305. CABLE SERVICES.
         306. LOCAL AUTHORITY.
         307. INVESTOR-OWNED ELECTRIC UTILITY POLES.
         308. IMPLEMENTATION.
         309. DISPUTE RESOLUTION.
         310. INDEMNIFICATION, INSURANCE, AND BONDING.
   § 300. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
 TERMS  SHALL  HAVE  THE  FOLLOWING MEANINGS UNLESS THE CONTEXT INDICATES
 OTHERWISE:
   1. "ANTENNA" MEANS COMMUNICATIONS EQUIPMENT THAT TRANSMITS OR RECEIVES
 ELECTROMAGNETIC RADIO FREQUENCY SIGNALS USED IN THE PROVISION  OF  WIRE-
 LESS SERVICES.
   2. "APPLICABLE CODES" MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION
 AND BUILDING CODE AS ADOPTED, AND AS MAY BE AMENDED, PURSUANT TO ARTICLE
 EIGHTEEN OF THE EXECUTIVE LAW.
   3.  "APPLICANT"  MEANS  ANY PERSON OR ENTITY THAT FILES AN APPLICATION
 WITH A MUNICIPAL CORPORATION TO INSTALL OR MODIFY WIRELESS FACILITIES ON
 BEHALF OF A COMMUNICATIONS SERVICE PROVIDER OR WIRELESS PROVIDER.
   4. "APPLICATION" MEANS A REQUEST SUBMITTED BY AN APPLICANT TO A MUNIC-
 IPAL CORPORATION FOR A PERMIT TO COLLOCATE SMALL WIRELESS FACILITIES; OR
 TO APPROVE THE INSTALLATION OR MODIFICATION OF A UTILITY POLE  OR  WIRE-
 LESS SUPPORT STRUCTURE.
   5. "APPLICATION FEE" MEANS THE ONE-TIME FEE CHARGED TO AN APPLICANT BY
 A  MUNICIPAL  CORPORATION  FOR REVIEW OF AN APPLICATION. THE APPLICATION
 FEE MAY NOT EXCEED THE ACTUAL REASONABLE COSTS INCURRED BY THE MUNICIPAL
 CORPORATION IN CONNECTION WITH ITS REVIEW OF THE APPLICATION.

 S. 7508                            114                           A. 9508
 
   6. "POLE" MEANS A UTILITY POLE OWNED, MANAGED OR  OPERATED  BY  OR  ON
 BEHALF OF A MUNICIPAL CORPORATION.
   7.  "COLLOCATE" MEANS TO INSTALL, MOUNT, MAINTAIN, MODIFY, OPERATE, OR
 REPLACE SMALL WIRELESS FACILITIES ON OR ADJACENT TO A  WIRELESS  SUPPORT
 STRUCTURE  OR  UTILITY  POLE. THE TERM "COLLOCATION" HAS A CORRESPONDING
 MEANING.
   8. "COMMUNICATIONS FACILITY" MEANS THE SET OF  EQUIPMENT  AND  NETWORK
 COMPONENTS, INCLUDING WIRES, CABLES, AND ASSOCIATED FACILITIES USED BY A
 CABLE  OPERATOR,  AS DEFINED IN 47 U.S.C. SECTION 522(5); A TELECOMMUNI-
 CATIONS CARRIER, AS DEFINED IN 47 U.S.C. SECTION 153(51); A PROVIDER  OF
 INFORMATION SERVICE, AS DEFINED IN 47 U.S.C. SECTION 153(24); A WIRELESS
 SERVICES  PROVIDER  TO  PROVIDE COMMUNICATIONS SERVICES, INCLUDING CABLE
 SERVICE, AS DEFINED IN  47  U.S.C.  SECTION  522(6);  TELECOMMUNICATIONS
 SERVICE,  AS  DEFINED  IN  47  U.S.C.  SECTION  153(53);  AN INFORMATION
 SERVICE, AS DEFINED IN 47 U.S.C. SECTION 153(24); WIRELESS  SERVICE;  OR
 OTHER ONE-WAY OR TWO-WAY COMMUNICATIONS SERVICE.
   9.  "COMMUNICATIONS  SERVICE  PROVIDER"  MEANS  A  CABLE  OPERATOR, AS
 DEFINED IN 47 U.S.C. § 522(5); A PROVIDER  OF  INFORMATION  SERVICE,  AS
 DEFINED IN 47 U.S.C. § 153(24); A TELECOMMUNICATIONS CARRIER, AS DEFINED
 IN 47 U.S.C. § 153(51); OR A WIRELESS PROVIDER.
   10.  "DECORATIVE  POLE"  MEANS  A  POLE THAT IS SPECIALLY DESIGNED AND
 PLACED FOR AESTHETIC PURPOSES AND ON WHICH NO APPURTENANCES  OR  ATTACH-
 MENTS,  OTHER  THAN  A  SMALL  WIRELESS  FACILITY,  LIGHTING,  SPECIALLY
 DESIGNED INFORMATIONAL OR DIRECTIONAL SIGNAGE, OR TEMPORARY  HOLIDAY  OR
 SPECIAL  EVENT  ATTACHMENTS,  HAVE  BEEN  PLACED  OR ARE PERMITTED TO BE
 PLACED ACCORDING TO NONDISCRIMINATORY MUNICIPAL RULES OR CODES.
   11. "FCC" MEANS THE FEDERAL COMMUNICATIONS COMMISSION  OF  THE  UNITED
 STATES.
   12. "FEE" MEANS A ONE-TIME, NONRECURRING CHARGE.
   13.  "HISTORIC  DISTRICT"  MEANS  A GROUP OF BUILDINGS, PROPERTIES, OR
 SITES THAT ARE EITHER: (A) LISTED IN THE NATIONAL REGISTER  OF  HISTORIC
 PLACES  OR FORMALLY DETERMINED ELIGIBLE FOR LISTING BY THE KEEPER OF THE
 NATIONAL REGISTER,  IN  ACCORDANCE  WITH  SECTION  VI.D.1.A.I-V  OF  THE
 NATIONWIDE PROGRAMMATIC AGREEMENT CODIFIED AT 47 C.F.R. PART 1, APPENDIX
 C;  OR  (B) A REGISTERED HISTORIC DISTRICT AS DEFINED IN SECTION NINETY-
 SIX-A OF THIS CHAPTER OR ARTICLE FIVE-K OF THIS CHAPTER AS OF THE EFFEC-
 TIVE DATE OF THIS SECTION.
   14. "LAW" MEANS FEDERAL, STATE, OR LOCAL  LAW,  STATUTE,  COMMON  LAW,
 CODE, RULE, REGULATION, ORDER, OR ORDINANCE.
   15.  "MICRO  WIRELESS  FACILITY"  MEANS A SMALL WIRELESS FACILITY THAT
 MEETS THE FOLLOWING QUALIFICATIONS:  (I) IS NOT LARGER IN DIMENSION THAN
 TWENTY-FOUR INCHES IN LENGTH, FIFTEEN INCHES IN WIDTH, AND TWELVE INCHES
 IN HEIGHT; AND (II) ANY EXTERIOR ANTENNA IS NO LONGER THAN ELEVEN  INCH-
 ES.
   16.  "NETWORK  INTERFACE DEVICE" MEANS THE TELECOMMUNICATIONS DEMARCA-
 TION AND TEST POINT SEPARATING THE WIRELESS FACILITY  AND  THE  WIRELINE
 BACKHAUL FACILITY.
   17.  "PERMIT"  MEANS  A  WRITTEN AUTHORIZATION REQUIRED BY A MUNICIPAL
 CORPORATION TO PERFORM AN ACTION OR INITIATE, CONTINUE,  OR  COMPLETE  A
 PROJECT  RELATING  TO THE INSTALLATION OR MODIFICATION OF SMALL WIRELESS
 FACILITIES.
   18. "PERSON"  MEANS  AN  INDIVIDUAL,  CORPORATION,  LIMITED  LIABILITY
 COMPANY,  PARTNERSHIP,  ASSOCIATION, TRUST, OR OTHER ENTITY OR ORGANIZA-
 TION, INCLUDING A MUNICIPAL CORPORATION.
   19. "RATE" MEANS A RECURRING CHARGE.

 S. 7508                            115                           A. 9508
 
   20. "RIGHT OF WAY" OR "ROW" MEANS THE  AREA  ON,  BELOW,  OR  ABOVE  A
 PUBLIC  UTILITY  EASEMENT, ROADWAY, HIGHWAY, STREET, SIDEWALK, ALLEY, OR
 SIMILAR PROPERTY, BUT NOT INCLUDING A FEDERAL INTERSTATE HIGHWAY.
   21.  "SMALL  WIRELESS  FACILITY"  MEANS A WIRELESS FACILITY THAT MEETS
 BOTH OF THE  FOLLOWING  QUALIFICATIONS:  (A)  EACH  WIRELESS  PROVIDER'S
 ANTENNA  COULD FIT WITHIN AN ENCLOSURE OF NO MORE THAN SIX CUBIC FEET IN
 VOLUME; AND (B) ALL OTHER WIRELESS EQUIPMENT ASSOCIATED WITH  THE  WIRE-
 LESS FACILITY, WHETHER GROUND OR AERIALLY MOUNTED OR ATTACHED TO A UTIL-
 ITY  POLE  OR  WIRELESS  SUPPORT STRUCTURE, IS CUMULATIVELY NO MORE THAN
 TWENTY-EIGHT CUBIC FEET IN VOLUME. THE  FOLLOWING  TYPES  OF  ASSOCIATED
 ANCILLARY  EQUIPMENT  ARE  NOT  INCLUDED IN THE CALCULATION OF EQUIPMENT
 VOLUME: ELECTRIC METER, CONCEALMENT ELEMENTS, NETWORK INTERFACE  DEVICE,
 GROUNDING  EQUIPMENT, POWER TRANSFER SWITCH, CUT-OFF SWITCH, CONVERTERS,
 AMPLIFIERS, SPLICE CASES, AND VERTICAL CABLE RUNS FOR THE CONNECTION  OF
 POWER AND OTHER SERVICES.
   22.  "TECHNICALLY  FEASIBLE"  MEANS  THAT  BY VIRTUE OF ENGINEERING OR
 SPECTRUM USAGE THE PROPOSED PLACEMENT FOR A SMALL WIRELESS FACILITY,  OR
 ITS  DESIGN,  CONCEALMENT  MEASURES, OR SITE LOCATION CAN BE IMPLEMENTED
 WITHOUT A REDUCTION IN THE FUNCTIONALITY OF THE SMALL WIRELESS FACILITY.
   23. "UTILITY POLE" MEANS A POLE OR SIMILAR STRUCTURE THAT IS OR MAY BE
 USED IN WHOLE OR  IN  PART  OR  FOR  WIRELINE  COMMUNICATIONS,  ELECTRIC
 DISTRIBUTION, LIGHTING, TRAFFIC CONTROL, SIGNAGE, OR A SIMILAR FUNCTION,
 OR  FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES; PROVIDED, HOWEVER,
 SUCH TERM SHALL NOT INCLUDE  WIRELESS  SUPPORT  STRUCTURES  OR  ELECTRIC
 TRANSMISSION STRUCTURES.
   24.  "WIRELESS  FACILITY"  MEANS  EQUIPMENT  AT  A FIXED LOCATION THAT
 ENABLES WIRELESS SERVICES BETWEEN USER EQUIPMENT  AND  A  COMMUNICATIONS
 NETWORK,  INCLUDING:  (A)  EQUIPMENT  ASSOCIATED  WITH WIRELESS COMMUNI-
 CATIONS; (B) RADIO TRANSCEIVERS; (C) ANTENNAS; (D) COAXIAL OR  FIBER-OP-
 TIC CABLE LOCATED ON A UTILITY POLE OR WIRELESS SUPPORT STRUCTURE, IMME-
 DIATELY  ADJACENT  TO THE UTILITY POLE OR WIRELESS SUPPORT STRUCTURE, OR
 DIRECTLY ASSOCIATED WITH EQUIPMENT LOCATED ON THE UTILITY POLE OR  WIRE-
 LESS  SUPPORT  STRUCTURE;  AND (E) REGULAR AND BACKUP POWER SUPPLIES AND
 RECTIFIERS;  AND  COMPARABLE  EQUIPMENT,  REGARDLESS  OF   TECHNOLOGICAL
 CONFIGURATION. THE TERM INCLUDES SMALL WIRELESS FACILITIES, BUT DOES NOT
 INCLUDE:  (I)  THE  STRUCTURE OR IMPROVEMENTS ON, UNDER, OR WITHIN WHICH
 THE EQUIPMENT IS COLLOCATED; (II) WIRELINE BACKHAUL FACILITIES; OR (III)
 COAXIAL OR FIBER-OPTIC CABLE THAT  IS  BETWEEN  WIRELESS  STRUCTURES  OR
 UTILITY  POLES  OR  THAT  IS  OTHERWISE  NOT  IMMEDIATELY ADJACENT TO OR
 DIRECTLY ASSOCIATED WITH A PARTICULAR ANTENNA.
   25. "WIRELESS INFRASTRUCTURE PROVIDER" MEANS ANY PERSON,  INCLUDING  A
 PERSON  AUTHORIZED  TO  PROVIDE TELECOMMUNICATIONS SERVICE IN THE STATE,
 THAT BUILDS OR INSTALLS WIRELESS COMMUNICATION  TRANSMISSION  EQUIPMENT,
 WIRELESS  FACILITIES  OR  WIRELESS SUPPORT STRUCTURES, BUT THAT IS NOT A
 WIRELESS SERVICES PROVIDER.
   26. "WIRELESS PROVIDER" MEANS A WIRELESS INFRASTRUCTURE PROVIDER OR  A
 WIRELESS SERVICES PROVIDER.
   27.  "WIRELESS  SERVICES"  MEANS  ANY SERVICES USING LICENSED OR UNLI-
 CENSED SPECTRUM INCLUDING THE USE OF WI-FI, WHETHER AT A FIXED  LOCATION
 OR MOBILE, PROVIDED TO THE PUBLIC.
   28.  "WIRELESS  SERVICES  PROVIDER"  MEANS  ANY  PERSON OR ENTITY THAT
 PROVIDES WIRELESS SERVICES.
   29. "WIRELESS SUPPORT STRUCTURE" MEANS A STRUCTURE, SUCH  AS  A  MONO-
 POLE;  TOWER,  EITHER  GUYED OR SELF-SUPPORTING; BILLBOARD; BUILDING; OR
 OTHER EXISTING OR PROPOSED STRUCTURE DESIGNED TO SUPPORT OR  CAPABLE  OF
 SUPPORTING  WIRELESS  FACILITIES, OTHER THAN A STRUCTURE DESIGNED SOLELY

 S. 7508                            116                           A. 9508
 
 FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES. SUCH  TERM  SHALL  NOT
 INCLUDE A UTILITY POLE.
   30.  "WIRELINE BACKHAUL FACILITY" MEANS AN ABOVE-GROUND OR UNDERGROUND
 WIRELINE FACILITY USED TO TRANSPORT COMMUNICATIONS DATA FROM A  WIRELESS
 FACILITY NETWORK INTERFACE DEVICE TO A NETWORK.
   §  301.  USE OF RIGHT OF WAY FOR SMALL WIRELESS FACILITIES AND UTILITY
 POLES.  1. APPLICABILITY. THIS SECTION SHALL ONLY APPLY  TO  THE  ACTIV-
 ITIES  OF  A  WIRELESS  PROVIDER WITHIN THE RIGHT OF WAY TO DEPLOY SMALL
 WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES.
   2. EXCLUSIVE USE PROHIBITED. A MUNICIPAL  CORPORATION  MAY  NOT  ENTER
 INTO  AN  EXCLUSIVE  ARRANGEMENT WITH ANY PERSON FOR USE OF THE RIGHT OF
 WAY FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES OR FOR THE  INSTAL-
 LATION,  OPERATION,  MARKETING, MODIFICATION, MAINTENANCE OR REPLACEMENT
 OF UTILITY POLES.
   3. RIGHT OF WAY RATES AND  FEES.  A  MUNICIPAL  CORPORATION  MAY  ONLY
 CHARGE  A  WIRELESS  PROVIDER  A RATE OR FEE FOR THE USE OF THE ROW WITH
 RESPECT TO THE COLLOCATION OF SMALL WIRELESS FACILITIES OR THE INSTALLA-
 TION, MAINTENANCE, MODIFICATION, OPERATION, OR REPLACEMENT OF A  UTILITY
 POLE  IN  THE  RIGHT  OF  WAY IF THE MUNICIPAL CORPORATION CHARGES OTHER
 ENTITIES FOR USE OF THE RIGHT OF WAY.  NOTWITHSTANDING THE FOREGOING,  A
 MUNICIPAL  CORPORATION  IS  PERMITTED,  ON A NONDISCRIMINATORY BASIS, TO
 REFRAIN FROM CHARGING ANY RATE TO A WIRELESS PROVIDER FOR THE USE OF THE
 RIGHT OF WAY. THE RATE FOR USE OF  THE  RIGHT  OF  WAY  IS  PROVIDED  IN
 SECTION THREE HUNDRED FOUR OF THIS ARTICLE.
   4. RIGHT OF ACCESS. SUBJECT TO THIS SECTION, A WIRELESS PROVIDER SHALL
 HAVE  THE  RIGHT,  AS  A  PERMITTED  USE NOT SUBJECT TO ZONING REVIEW OR
 APPROVAL, TO COLLOCATE SMALL WIRELESS FACILITIES AND TO  INSTALL,  MAIN-
 TAIN, MODIFY, OPERATE AND REPLACE UTILITY POLES ALONG, ACROSS, UPON, AND
 UNDER  THE  RIGHT  OF  WAY.  SUCH  STRUCTURES AND FACILITIES SHALL BE SO
 INSTALLED AND MAINTAINED AS NOT TO OBSTRUCT OR HINDER THE  USUAL  TRAVEL
 OR  PUBLIC SAFETY ON SUCH RIGHT OF WAY OR OBSTRUCT THE LEGAL USE OF SUCH
 RIGHT OF WAY BY UTILITIES.
   5. HEIGHT LIMITS. EACH NEW OR MODIFIED UTILITY POLE INSTALLED  IN  THE
 RIGHT  OF  WAY  SHALL  NOT EXCEED THE GREATER OF: (A) TEN FEET IN HEIGHT
 ABOVE THE TALLEST EXISTING UTILITY POLE IN PLACE  AS  OF  THE  EFFECTIVE
 DATE OF THIS ARTICLE LOCATED WITHIN FIVE HUNDRED FEET OF THE NEW POLE IN
 THE  SAME  MUNICIPAL CORPORATION'S RIGHT OF WAY; OR (B) FIFTY FEET ABOVE
 GROUND LEVEL. NEW SMALL WIRELESS FACILITIES IN THE RIGHT OF WAY MAY  NOT
 EXTEND:  (I)  MORE THAN TEN FEET ABOVE AN EXISTING UTILITY POLE IN PLACE
 AS OF THE EFFECTIVE DATE OF THIS ARTICLE; OR  (II)  FOR  SMALL  WIRELESS
 FACILITIES  ON  A NEW UTILITY POLE, ABOVE THE HEIGHT PERMITTED FOR A NEW
 UTILITY POLE UNDER THIS SECTION. A  WIRELESS  PROVIDER  SHALL  HAVE  THE
 RIGHT  TO  COLLOCATE  A  SMALL  WIRELESS FACILITY AND INSTALL, MAINTAIN,
 MODIFY, OPERATE AND REPLACE A UTILITY POLE  THAT  EXCEEDS  THESE  HEIGHT
 LIMITS  ALONG,  ACROSS, UPON AND UNDER THE RIGHT OF WAY, SUBJECT TO THIS
 SECTION AND APPLICABLE ZONING REGULATIONS.
   6. DECORATIVE POLES. A WIRELESS PROVIDER SHALL BE PERMITTED TO  COLLO-
 CATE  ON  OR  REPLACE  DECORATIVE POLES WHEN NECESSARY TO DEPLOY A SMALL
 WIRELESS FACILITY. A MUNICIPAL CORPORATION MAY REQUIRE SUCH  COLLOCATION
 OR  DECORATIVE  POLE  REPLACEMENT  TO  REASONABLY  CONFORM TO THE DESIGN
 AESTHETICS OF THE ORIGINAL  DECORATIVE  POLE  OR  POLES,  PROVIDED  SUCH
 REQUIREMENTS ARE TECHNICALLY FEASIBLE.
   7.  UNDERGROUND  DISTRICT.  (A)  A WIRELESS PROVIDER SHALL COMPLY WITH
 WRITTEN, OBJECTIVE, REASONABLE AND NONDISCRIMINATORY  REQUIREMENTS  THAT
 PROHIBIT  THE  INSTALLATION  OF UTILITY POLES OR WIRELESS SUPPORT STRUC-
 TURES IN THE RIGHT OF WAY IN AN AREA DESIGNATED SOLELY  FOR  UNDERGROUND

 S. 7508                            117                           A. 9508
 
 COMMUNICATIONS  AND  ELECTRIC LINES WHERE: (I) THE MUNICIPAL CORPORATION
 HAS REQUIRED ALL SUCH LINES TO BE PLACED UNDERGROUND NO LESS THAN  THREE
 MONTHS  PRIOR  TO  THE SUBMISSION OF THE APPLICATION; (II) UTILITY POLES
 THE  MUNICIPAL  CORPORATION  ALLOWS TO REMAIN SHALL BE MADE AVAILABLE TO
 WIRELESS PROVIDERS FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES, AND
 MAY BE REPLACED BY A WIRELESS PROVIDER TO ACCOMMODATE THE COLLOCATION OF
 SMALL WIRELESS FACILITIES, IN COMPLIANCE WITH THIS ARTICLE; AND (III)  A
 WIRELESS  PROVIDER MAY INSTALL A NEW UTILITY POLE IN THE DESIGNATED AREA
 THAT OTHERWISE COMPLIES WITH THIS SECTION WHEN IT IS NOT ABLE TO PROVIDE
 WIRELESS SERVICE BY COLLOCATING ON A REMAINING UTILITY POLE OR  WIRELESS
 SUPPORT STRUCTURE.
   (B)  FOR SMALL WIRELESS FACILITIES INSTALLED BEFORE A MUNICIPAL CORPO-
 RATION ADOPTS REQUIREMENTS THAT COMMUNICATIONS  AND  ELECTRIC  LINES  BE
 PLACED  UNDERGROUND,  SUCH  MUNICIPAL CORPORATION ADOPTING SUCH REQUIRE-
 MENTS SHALL: (I) PERMIT A WIRELESS PROVIDER TO MAINTAIN THE SMALL  WIRE-
 LESS  FACILITIES  IN  PLACE  SUBJECT  TO  ANY APPLICABLE POLE ATTACHMENT
 AGREEMENT WITH THE UTILITY POLE  OWNER;  OR  (II)  PERMIT  THE  WIRELESS
 PROVIDER TO REPLACE THE ASSOCIATED UTILITY POLE WITHIN FIFTY FEET OF THE
 PRIOR LOCATION.
   8.  HISTORIC  DISTRICT.  SUBJECT  TO SUBDIVISION FOUR OF SECTION THREE
 HUNDRED TWO OF THIS ARTICLE, A MUNICIPAL CORPORATION MAY  REQUIRE  WRIT-
 TEN,  OBJECTIVE, REASONABLE, TECHNICALLY FEASIBLE, NONDISCRIMINATORY AND
 TECHNOLOGICALLY NEUTRAL DESIGN OR CONCEALMENT  MEASURES  IN  A  HISTORIC
 DISTRICT.  NO SUCH DESIGN OR CONCEALMENT MEASURES MAY HAVE THE EFFECT OF
 MATERIALLY INHIBITING ANY PROVIDER'S TECHNOLOGY OR SERVICE; NOR MAY  ANY
 SUCH  MEASURES  BE  CONSIDERED A PART OF THE SMALL WIRELESS FACILITY FOR
 PURPOSES OF THE SIZE RESTRICTIONS IN THE DEFINITION  OF  SMALL  WIRELESS
 FACILITY.
   9.  NO  DISCRIMINATION.  THE MUNICIPAL CORPORATION, IN THE EXERCISE OF
 ITS ADMINISTRATION AND REGULATION RELATED TO THE MANAGEMENT OF THE RIGHT
 OF WAY, MUST BE COMPETITIVELY NEUTRAL WITH REGARD TO OTHER USERS OF  THE
 RIGHT  OF  WAY. THE MUNICIPAL CORPORATION'S RIGHT OF WAY REGULATIONS MAY
 NOT BE UNREASONABLE OR DISCRIMINATORY AND MAY NOT VIOLATE ANY APPLICABLE
 LAW.
   10. DAMAGE AND REPAIR. THE MUNICIPAL CORPORATION MAY REQUIRE  A  WIRE-
 LESS  PROVIDER  TO REPAIR ALL DAMAGE TO THE RIGHT OF WAY DIRECTLY CAUSED
 BY THE ACTIVITIES OF THE WIRELESS PROVIDER IN THE RIGHT OF  WAY  AND  TO
 RETURN  THE RIGHT OF WAY TO ITS FUNCTIONAL EQUIVALENCE BEFORE THE DAMAGE
 PURSUANT TO THE COMPETITIVELY NEUTRAL, REASONABLE REQUIREMENTS AND SPEC-
 IFICATIONS OF THE MUNICIPAL CORPORATION. IF THE WIRELESS PROVIDER  FAILS
 TO  MAKE  THE  REPAIRS  REASONABLY REQUIRED BY THE MUNICIPAL CORPORATION
 WITHIN A REASONABLE TIME AFTER WRITTEN NOTICE, THE MUNICIPAL CORPORATION
 MAY AFFECT THOSE REPAIRS AND CHARGE THE APPLICABLE PARTY THE REASONABLE,
 DOCUMENTED ACTUAL COST OF SUCH REPAIRS.
   11. POLE REPLACEMENTS AND MODIFICATIONS. A WIRELESS PROVIDER SHALL NOT
 BE REQUIRED TO REPLACE OR UPGRADE AN EXISTING UTILITY  POLE  EXCEPT  FOR
 REASONS  OF  STRUCTURAL NECESSITY OR COMPLIANCE WITH APPLICABLE CODES. A
 WIRELESS PROVIDER MAY, WITH THE PERMISSION OF THE POLE OWNER, REPLACE OR
 MODIFY EXISTING UTILITY POLES, BUT ANY SUCH REPLACEMENT OR  MODIFICATION
 SHALL  BE  CONSISTENT  WITH THE DESIGN AESTHETICS OF THE UTILITY POLE OR
 POLES BEING MODIFIED OR REPLACED.
   12. PERMITTED USE. NEW, MODIFIED OR REPLACEMENT UTILITY POLES  ASSOCI-
 ATED  WITH  A SMALL WIRELESS FACILITY THAT MEET THE REQUIREMENTS OF THIS
 SECTION ARE PERMITTED USES SUBJECT TO THE PERMIT PROCESS IN  SUBDIVISION
 FOUR OF SECTION THREE HUNDRED TWO OF THIS ARTICLE AND ARE NOT SUBJECT TO
 ZONING REVIEW OR APPROVAL.

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   13. ABANDONMENT. A WIRELESS PROVIDER IS REQUIRED TO NOTIFY THE MUNICI-
 PAL  CORPORATION  AT LEAST THIRTY DAYS BEFORE ITS ABANDONMENT OF A SMALL
 WIRELESS FACILITY. FOLLOWING  RECEIPT  OF  SUCH  NOTICE,  THE  MUNICIPAL
 CORPORATION  SHALL  DIRECT  THE  WIRELESS  PROVIDER TO REMOVE ALL OR ANY
 PORTION  OF  THE  SMALL WIRELESS FACILITY THAT THE MUNICIPAL CORPORATION
 DETERMINES WOULD BE IN THE BEST INTEREST OF THE PUBLIC SAFETY AND PUBLIC
 WELFARE TO REMOVE. IF THE WIRELESS PROVIDER FAILS TO  REMOVE  THE  ABAN-
 DONED  FACILITY  WITHIN  NINETY  DAYS  AFTER  SUCH NOTICE, THE MUNICIPAL
 CORPORATION MAY UNDERTAKE TO DO SO AND RECOVER THE ACTUAL AND REASONABLE
 EXPENSES OF DOING SO FROM  THE  WIRELESS  PROVIDER,  ITS  SUCCESSORS  OR
 ASSIGNS.
   §  302. PERMITTING PROCESS FOR SMALL WIRELESS FACILITIES. 1.  APPLICA-
 BILITY. THIS SECTION SHALL APPLY TO THE PERMITTING OF THE COLLOCATION OF
 SMALL WIRELESS FACILITIES BY A WIRELESS PROVIDER IN OR OUTSIDE THE RIGHT
 OF WAY AS SPECIFIED IN SUBDIVISION THREE OF  THIS  SECTION  AND  TO  THE
 PERMITTING OF THE INSTALLATION, MODIFICATION, AND REPLACEMENT OF ASSOCI-
 ATED UTILITY POLES BY A WIRELESS PROVIDER INSIDE THE RIGHT OF WAY.
   2.  GENERAL.  EXCEPT  AS  PROVIDED IN THIS ARTICLE, A MUNICIPAL CORPO-
 RATION MAY NOT PROHIBIT, REGULATE, OR  CHARGE  FOR  THE  COLLOCATION  OF
 SMALL WIRELESS FACILITIES THAT MAY BE PERMITTED IN THIS SECTION.
   3.  ZONING. SMALL WIRELESS FACILITIES SHALL BE CLASSIFIED AS PERMITTED
 USES AND NOT SUBJECT TO ZONING REVIEW OR APPROVAL IF THEY ARE COLLOCATED
 IN THE RIGHT OF WAY IN ANY ZONE.
   4. PERMITS. A MUNICIPAL CORPORATION MAY REQUIRE AN APPLICANT TO OBTAIN
 ONE OR MORE PERMITS TO COLLOCATE A SMALL WIRELESS FACILITY OR TO INSTALL
 A NEW, MODIFIED OR REPLACEMENT UTILITY  POLE  ASSOCIATED  WITH  A  SMALL
 WIRELESS  FACILITY  AS  PROVIDED  IN  SUBDIVISION  FOUR OF SECTION THREE
 HUNDRED ONE OF THIS ARTICLE, PROVIDED SUCH PERMITS ARE OF GENERAL APPLI-
 CABILITY AND DO NOT APPLY EXCLUSIVELY TO WIRELESS FACILITIES. A  MUNICI-
 PAL  CORPORATION SHALL RECEIVE APPLICATIONS FOR, PROCESS, AND ISSUE SUCH
 PERMITS SUBJECT TO THE FOLLOWING REQUIREMENTS:
   (A) A MUNICIPAL CORPORATION MAY NOT DIRECTLY OR INDIRECTLY REQUIRE  AN
 APPLICANT  TO PERFORM SERVICES OR PROVIDE GOODS UNRELATED TO THE PERMIT,
 SUCH AS IN-KIND CONTRIBUTIONS TO THE  MUNICIPAL  CORPORATION  INCLUDING,
 BUT  NOT  LIMITED  TO,  RESERVING  FIBER, CONDUIT, OR POLE SPACE FOR THE
 MUNICIPAL CORPORATION;
   (B) AN APPLICANT SHALL NOT BE REQUIRED TO PROVIDE MORE INFORMATION  TO
 OBTAIN A PERMIT THAN COMMUNICATIONS SERVICE PROVIDERS THAT ARE NOT WIRE-
 LESS  PROVIDERS,  PROVIDED  THAT AN APPLICANT MAY BE REQUIRED TO INCLUDE
 CONSTRUCTION AND  ENGINEERING  DRAWINGS  AND  INFORMATION  DEMONSTRATING
 COMPLIANCE WITH THE CRITERIA IN PARAGRAPH (G) OF THIS SUBDIVISION;
   (C)  A  MUNICIPAL CORPORATION MAY NOT REQUIRE THE COLLOCATION OF SMALL
 WIRELESS FACILITIES ON ANY SPECIFIC UTILITY POLE OR CATEGORY OF POLES OR
 REQUIRE MULTIPLE ANTENNA SYSTEMS ON A SINGLE UTILITY POLE;  THE  USE  OF
 SPECIFIC POLE TYPES OR CONFIGURATIONS WHEN INSTALLING NEW OR REPLACEMENT
 POLES;  OR  THE UNDERGROUND PLACEMENTS OF SMALL WIRELESS FACILITIES THAT
 ARE OR ARE DESIGNATED IN AN APPLICATION TO BE  POLE-MOUNTED  OR  GROUND-
 MOUNTED;
   (D)  A  MUNICIPAL  CORPORATION  MAY NOT LIMIT THE COLLOCATION OF SMALL
 WIRELESS FACILITIES BY MINIMUM HORIZONTAL SEPARATION  DISTANCE  REQUIRE-
 MENTS  FROM  EXISTING SMALL WIRELESS FACILITIES, UTILITY POLES, OR OTHER
 STRUCTURES;
   (E) A MUNICIPAL CORPORATION MAY REQUIRE AN  APPLICANT  TO  INCLUDE  AN
 ATTESTATION  THAT  THE SMALL WIRELESS FACILITIES WILL BE OPERATIONAL FOR
 USE BY A WIRELESS SERVICES PROVIDER WITHIN ONE  YEAR  AFTER  THE  PERMIT
 ISSUANCE  DATE,  UNLESS  THE  MUNICIPAL  CORPORATION  APPLICANT AGREE TO

 S. 7508                            119                           A. 9508

 EXTEND THIS PERIOD OR DELAY IS CAUSED BY LACK  OF  COMMERCIAL  POWER  OR
 COMMUNICATIONS TRANSPORT FACILITIES TO THE SITE;
   (F)  WITHIN  TEN DAYS OF RECEIPT OF AN APPLICATION, A MUNICIPAL CORPO-
 RATION MUST DETERMINE AND NOTIFY THE APPLICANT IN  WRITING  WHETHER  THE
 APPLICATION  IS  COMPLETE.  IF  AN APPLICATION IS DEEMED INCOMPLETE, THE
 MUNICIPAL CORPORATION MUST SPECIFICALLY IDENTIFY THE MISSING INFORMATION
 IN WRITING. THE PROCESSING DEADLINE IN PARAGRAPH (G) OF THIS SUBDIVISION
 IS TOLLED FROM THE TIME THE AUTHORITY SENDS THE NOTICE OF INCOMPLETENESS
 TO THE TIME THE APPLICANT PROVIDES THE MISSING INFORMATION.  SUCH  PROC-
 ESSING  DEADLINE  MAY ALSO BE TOLLED UPON AGREEMENT OF THE APPLICANT AND
 THE MUNICIPAL CORPORATION;
   (G) MUNICIPAL CORPORATIONS SHALL PROCESS APPLICATIONS ON A  NONDISCRI-
 MINATORY  BASIS  AND  SUCH  APPLICATIONS SHALL BE DEEMED APPROVED IF THE
 MUNICIPAL CORPORATION FAILS TO APPROVE OR DENY  THE  APPLICATION  WITHIN
 SIXTY DAYS OF RECEIPT OF THE APPLICATION;
   (H) A MUNICIPAL CORPORATION MAY DENY A PROPOSED COLLOCATION OF A SMALL
 WIRELESS  FACILITY  OR  INSTALLATION,  MODIFICATION  OR REPLACEMENT OF A
 UTILITY POLE THAT MEETS THE REQUIREMENTS OF SUBDIVISION FIVE OF  SECTION
 THREE HUNDRED ONE OF THIS ARTICLE ONLY IF THE PROPOSED APPLICATION:  (I)
 MATERIALLY  INTERFERES WITH THE SAFE OPERATION OF TRAFFIC CONTROL EQUIP-
 MENT; (II) MATERIALLY INTERFERES WITH SIGHT LINES  OR  CLEAR  ZONES  FOR
 TRANSPORTATION  OR PEDESTRIANS; (III) MATERIALLY INTERFERES WITH COMPLI-
 ANCE WITH THE AMERICANS WITH DISABILITIES  ACT  OR  SIMILAR  FEDERAL  OR
 STATE  STANDARDS  REGARDING PEDESTRIAN ACCESS OR MOVEMENT; (IV) FAILS TO
 COMPLY WITH REASONABLE AND NONDISCRIMINATORY HORIZONTAL SPACING REQUIRE-
 MENTS OF GENERAL APPLICATION  ADOPTED  BY  ORDINANCE  THAT  CONCERN  THE
 LOCATION OF GROUND-MOUNTED EQUIPMENT AND NEW UTILITY POLES. SUCH SPACING
 REQUIREMENTS  SHALL  NOT  PREVENT  A  WIRELESS PROVIDER FROM SERVING ANY
 LOCATION; (V) DESIGNATES THE LOCATION OF A  NEW  UTILITY  POLE  FOR  THE
 PURPOSE  OF  COLLOCATING  A SMALL WIRELESS FACILITY WITHIN SEVEN FEET IN
 ANY DIRECTION OF AN ELECTRICAL CONDUCTOR, UNLESS THE  WIRELESS  PROVIDER
 OBTAINS  THE  WRITTEN CONSENT OF THE POWER SUPPLIER THAT OWNS OR MANAGES
 THE ELECTRICAL CONDUCTOR; (VI) FAILS TO COMPLY WITH APPLICABLE CODES; OR
 (VII) FAILS TO COMPLY WITH SUBDIVISION SIX, SEVEN OR  EIGHT  OF  SECTION
 THREE HUNDRED ONE OF THIS ARTICLE;
   (I)  THE  MUNICIPAL  CORPORATION MUST DOCUMENT THE BASIS FOR A DENIAL,
 INCLUDING THE SPECIFIC CODE PROVISIONS ON WHICH THE  DENIAL  WAS  BASED,
 AND  SEND  THE  DOCUMENTATION  TO THE APPLICANT ON THE DAY THE AUTHORITY
 DENIES AN APPLICATION. THE APPLICANT MAY CURE THE  DEFICIENCIES  IDENTI-
 FIED  BY  THE  MUNICIPAL CORPORATION AND RESUBMIT THE APPLICATION WITHIN
 THIRTY DAYS OF THE DENIAL WITHOUT PAYING AN ADDITIONAL APPLICATION  FEE.
 THE  MUNICIPAL CORPORATION SHALL APPROVE OR DENY THE REVISED APPLICATION
 WITHIN THIRTY DAYS OF RESUBMISSION AND LIMIT ITS REVIEW TO THE DEFICIEN-
 CIES CITED IN THE DENIAL. ANY APPLICATION NOT ACTED UPON  WITHIN  THIRTY
 DAYS OF RESUBMISSION SHALL BE DEEMED APPROVED;
   (J) AN APPLICANT SEEKING TO COLLOCATE SMALL WIRELESS FACILITIES WITHIN
 THE  JURISDICTION  OF A SINGLE MUNICIPAL CORPORATION SHALL BE ALLOWED AT
 THE APPLICANT'S DISCRETION TO FILE A CONSOLIDATED APPLICATION FOR UP  TO
 THIRTY  SMALL  WIRELESS  FACILITIES  AND RECEIVE A SINGLE PERMIT FOR THE
 COLLOCATION OF MULTIPLE SMALL WIRELESS  FACILITIES;  PROVIDED,  HOWEVER,
 THE  DENIAL  OF  ONE OR MORE SMALL WIRELESS FACILITIES IN A CONSOLIDATED
 APPLICATION SHALL NOT DELAY  PROCESSING  OF  ANY  OTHER  SMALL  WIRELESS
 FACILITIES  IN THE SAME CONSOLIDATED APPLICATION. SOLELY FOR PURPOSES OF
 CALCULATING THE NUMBER OF SMALL WIRELESS FACILITIES  IN  A  CONSOLIDATED
 APPLICATION,  A  SMALL  WIRELESS  FACILITY  INCLUDES ANY UTILITY POLE ON
 WHICH SUCH SMALL WIRELESS FACILITY WILL BE COLLOCATED;

 S. 7508                            120                           A. 9508
 
   (K) INSTALLATION OR COLLOCATION FOR WHICH A PERMIT IS GRANTED PURSUANT
 TO THIS SECTION SHALL BE COMPLETED WITHIN  ONE  YEAR  AFTER  THE  PERMIT
 ISSUANCE  DATE  UNLESS THE MUNICIPAL CORPORATION AND THE APPLICANT AGREE
 TO EXTEND THIS PERIOD OR A DELAY IS CAUSED BY  THE  LACK  OF  COMMERCIAL
 POWER  OR COMMUNICATIONS FACILITIES AT THE SITE. APPROVAL OF AN APPLICA-
 TION AUTHORIZES THE APPLICANT TO:  (I)  UNDERTAKE  THE  INSTALLATION  OR
 COLLOCATION;  AND (II) SUBJECT TO APPLICABLE RELOCATION REQUIREMENTS AND
 THE APPLICANT'S RIGHT TO TERMINATE AT ANY TIME, OPERATE AND MAINTAIN THE
 SMALL WIRELESS FACILITIES AND ANY ASSOCIATED UTILITY POLE COVERED BY THE
 PERMIT FOR A PERIOD OF NOT LESS THAN TEN YEARS, WHICH  MUST  BE  RENEWED
 FOR  EQUIVALENT  DURATIONS  SO  LONG  AS THEY ARE IN COMPLIANCE WITH THE
 CRITERIA SET FORTH IN PARAGRAPH (G) OF THIS SUBDIVISION;
   (L) NO MUNICIPAL CORPORATION MAY INSTITUTE,  EITHER  EXPRESSLY  OR  DE
 FACTO,  A  MORATORIUM  ON: (I) FILING, RECEIVING, OR PROCESSING APPLICA-
 TIONS; OR (II) ISSUING PERMITS OR  OTHER  APPROVALS,  IF  ANY,  FOR  THE
 COLLOCATION  OF SMALL WIRELESS FACILITIES OR THE INSTALLATION, MODIFICA-
 TION, OR REPLACEMENT OF UTILITY POLES TO SUPPORT SMALL WIRELESS  FACILI-
 TIES; AND
   (M)  THE  APPROVAL OF THE INSTALLATION, PLACEMENT, OR MAINTENANCE OF A
 SMALL WIRELESS FACILITY PURSUANT TO THIS SECTION DOES NOT AUTHORIZE  THE
 INSTALLATION, PLACEMENT, MAINTENANCE, OR OPERATION OF ANY OTHER COMMUNI-
 CATIONS  FACILITY, INCLUDING A WIRELINE BACKHAUL FACILITY, IN A RIGHT OF
 WAY.
   5. WHEN APPLICATIONS NOT REQUIRED. A MUNICIPAL CORPORATION  SHALL  NOT
 REQUIRE AN APPLICATION FOR ROUTINE MAINTENANCE, THE REPLACEMENT OF SMALL
 WIRELESS FACILITIES WITH SMALL WIRELESS FACILITIES THAT ARE SUBSTANTIAL-
 LY  SIMILAR OR THE SAME SIZE OR SMALLER, OR THE INSTALLATION, PLACEMENT,
 MAINTENANCE, OPERATION, OR REPLACEMENT OF MICRO WIRELESS FACILITIES THAT
 ARE SUSPENDED ON CABLES THAT ARE STRUNG BETWEEN EXISTING UTILITY  POLES,
 IN  COMPLIANCE  WITH  THE APPLICABLE CODES. A MUNICIPAL CORPORATION MAY,
 HOWEVER, REQUIRE A PERMIT FOR WORK THAT REQUIRES EXCAVATION  OR  CLOSURE
 OF SIDEWALKS OR VEHICULAR LANES WITHIN THE ROW FOR SUCH ACTIVITIES. SUCH
 A  PERMIT  MUST BE ISSUED TO THE APPLICANT ON A NON-DISCRIMINATORY BASIS
 UPON TERMS AND CONDITIONS APPLIED TO ANY OTHER  PERSON'S  ACTIVITIES  IN
 THE  RIGHT  OF  WAY  THAT  REQUIRE  EXCAVATION, CLOSING OF SIDEWALKS, OR
 VEHICULAR LANES.
   § 303. ACCESS TO MUNICIPAL CORPORATION POLES WITHIN THE RIGHT OF  WAY.
 1. APPLICABILITY. THIS SECTION SHALL APPLY TO ACTIVITIES OF THE WIRELESS
 PROVIDER WITHIN THE RIGHT OF WAY.
   2. EXCLUSIVE USE PROHIBITED. A PERSON OWNING, MANAGING, OR CONTROLLING
 MUNICIPAL  CORPORATION  POLES  IN THE RIGHT OF WAY MAY NOT ENTER INTO AN
 EXCLUSIVE ARRANGEMENT WITH ANY PERSON FOR THE RIGHT TO  ATTACH  TO  SUCH
 POLES.  A  PERSON WHO PURCHASES OR OTHERWISE ACQUIRES A MUNICIPAL CORPO-
 RATION POLE IS SUBJECT TO THE REQUIREMENTS OF THIS SECTION.
   3. ALLOWANCES. A MUNICIPAL CORPORATION SHALL ALLOW THE COLLOCATION  OF
 SMALL WIRELESS FACILITIES ON MUNICIPAL CORPORATION POLES ON NONDISCRIMI-
 NATORY  TERMS  AND CONDITIONS USING THE PROCESS IN SECTION THREE HUNDRED
 THREE OF THIS ARTICLE.
   4. RATES. (A) THE RATES TO COLLOCATE ON  MUNICIPAL  CORPORATION  POLES
 SHALL  BE  NONDISCRIMINATORY  REGARDLESS OF THE SERVICES PROVIDED BY THE
 COLLOCATING WIRELESS PROVIDER.
   (B) THE RATE TO COLLOCATE ON MUNICIPAL CORPORATION POLES  IS  PROVIDED
 IN SECTION THREE HUNDRED FOUR OF THIS ARTICLE.
   5. IMPLEMENTATION, MAKE-READY WORK. (A) THE RATES, FEES, AND TERMS AND
 CONDITIONS  FOR  THE  MAKE-READY WORK TO COLLOCATE ON A MUNICIPAL CORPO-

 S. 7508                            121                           A. 9508
 
 RATION  POLE  MUST  BE  NONDISCRIMINATORY,  COMPETITIVELY  NEUTRAL,  AND
 COMMERCIALLY REASONABLE AND MUST COMPLY WITH THIS ARTICLE.
   (B)  THE MUNICIPAL CORPORATION SHALL PROVIDE A GOOD FAITH ESTIMATE FOR
 ANY MAKE-READY  WORK  NECESSARY  TO  ENABLE  THE  POLE  TO  SUPPORT  THE
 REQUESTED COLLOCATION BY A WIRELESS PROVIDER, INCLUDING POLE REPLACEMENT
 IF NECESSARY, WITHIN SIXTY DAYS AFTER RECEIPT OF A COMPLETE APPLICATION.
 MAKE-READY  WORK,  INCLUDING  ANY  POLE  REPLACEMENT, SHALL BE COMPLETED
 WITHIN SIXTY DAYS OF WRITTEN ACCEPTANCE OF THE GOOD  FAITH  ESTIMATE  BY
 THE  APPLICANT.  A  MUNICIPAL CORPORATION MAY REQUIRE REPLACEMENT OF THE
 MUNICIPAL CORPORATION'S POLE ONLY IF IT DEMONSTRATES THAT  THE  COLLOCA-
 TION WOULD MAKE SUCH POLE STRUCTURALLY UNSOUND.
   (C)  THE  PERSON OWNING, MANAGING, OR CONTROLLING THE MUNICIPAL CORPO-
 RATION'S POLE SHALL NOT REQUIRE MORE MAKE-READY WORK  THAN  REQUIRED  TO
 MEET  APPLICABLE  CODES  OR INDUSTRY STANDARDS. FEES FOR MAKE-READY WORK
 SHALL NOT INCLUDE COSTS RELATED  TO  PRE-EXISTING  OR  PRIOR  DAMAGE  OR
 NONCOMPLIANCE. FEES FOR MAKE-READY WORK, INCLUDING ANY POLE REPLACEMENT,
 SHALL  NOT  EXCEED  EITHER  ACTUAL  COSTS OR THE AMOUNT CHARGED TO OTHER
 COMMUNICATIONS SERVICE PROVIDERS FOR SIMILAR WORK AND SHALL NOT  INCLUDE
 ANY  REVENUE  OR  CONTINGENCY-BASED CONSULTANT'S FEES OR EXPENSES OF ANY
 KIND.
   § 304. RATES AND FEES. 1. APPLICABILITY. THIS SECTION SHALL  GOVERN  A
 MUNICIPAL  CORPORATION'S  RATES  AND  FEES  FOR THE PLACEMENT OF A SMALL
 WIRELESS FACILITY OR ASSOCIATED UTILITY POLE.
   2. PERMISSIBLE RATES AND FEES. A MUNICIPAL CORPORATION MAY NOT REQUIRE
 A WIRELESS PROVIDER TO PAY ANY  RATES,  FEES,  OR  COMPENSATION  TO  THE
 MUNICIPAL  CORPORATION  OR  OTHER  PERSON  OTHER  THAN WHAT IS EXPRESSLY
 AUTHORIZED BY THIS ARTICLE FOR THE RIGHT TO USE OR  OCCUPY  A  RIGHT  OF
 WAY,  FOR  COLLOCATION  OF SMALL WIRELESS FACILITIES ON UTILITY POLES IN
 THE RIGHT OF WAY, OR FOR THE  INSTALLATION,  MAINTENANCE,  MODIFICATION,
 OPERATION AND REPLACEMENT OF UTILITY POLES IN THE RIGHT OF WAY.
   3. APPLICATION FEES. A MUNICIPAL CORPORATION MAY CHARGE AN APPLICATION
 FEE,  SO LONG AS SUCH FEE IS REASONABLE, NONDISCRIMINATORY, AND RECOVERS
 NO MORE THAN AN AUTHORITY'S DIRECT COSTS FOR PROCESSING AN  APPLICATION;
 PROVIDED  HOWEVER,  NO  SUCH  FEE  SHALL  EXCEED THE FOLLOWING: (A) FIVE
 HUNDRED DOLLARS FOR THE FIRST FIVE SMALL WIRELESS FACILITIES ON THE SAME
 APPLICATION AND ONE HUNDRED DOLLARS FOR EACH ADDITIONAL  SMALL  WIRELESS
 FACILITY  ON  THE SAME APPLICATION; AND (B) ONE THOUSAND DOLLARS FOR THE
 INSTALLATION, MODIFICATION OR REPLACEMENT OF  A  UTILITY  POLE  TOGETHER
 WITH  THE  COLLOCATION OF AN ASSOCIATED SMALL WIRELESS FACILITY THAT ARE
 PERMITTED USES IN ACCORDANCE WITH THE SPECIFICATIONS SET FORTH IN SUBDI-
 VISION FOUR OF SECTION THREE HUNDRED TWO OF THIS ARTICLE.
   4. RATES. (A) RIGHT OF WAY: A MUNICIPAL CORPORATION MAY CHARGE FOR THE
 OCCUPANCY AND USE OF THE RIGHT OF WAY, SO LONG AS SUCH RATE  IS  REASON-
 ABLE, NONDISCRIMINATORY, AND DOES NOT EXCEED THE GREATER OF THE AUTHORI-
 TY'S  DIRECT COSTS OR TWENTY DOLLARS PER YEAR PER SMALL WIRELESS FACILI-
 TY.
   (B) MUNICIPAL CORPORATION POLE COLLOCATION RATE:  A  MUNICIPAL  CORPO-
 RATION  MAY  CHARGE  FOR  COLLOCATION  OF A SMALL WIRELESS FACILITY ON A
 MUNICIPAL CORPORATION POLE, SO LONG AS SUCH RATE IS REASONABLE,  NONDIS-
 CRIMINATORY, AND DOES NOT EXCEED THE GREATER OF AUTHORITY'S DIRECT COSTS
 OR TWO HUNDRED FIFTY DOLLARS PER MUNICIPAL CORPORATION POLE PER YEAR.
   5.    RATE  OR  FEE ADJUSTMENT. SHOULD A MUNICIPAL CORPORATION HAVE AN
 EXISTING RATE OR FEE TO CONSTRUCT,  INSTALL,  MOUNT,  MAINTAIN,  MODIFY,
 OPERATE, OR REPLACE A WIRELESS FACILITY OR WIRELESS SUPPORT STRUCTURE IN
 THE RIGHT OF WAY, INCLUDING COLLOCATION IN SUCH RIGHT OF WAY, CONTROLLED
 BY  THE  MUNICIPAL CORPORATION AND SUCH RATE OR FEE DOES NOT COMPLY WITH

 S. 7508                            122                           A. 9508
 
 THE REQUIREMENTS IN THIS ARTICLE, NOT LATER THAN THE  END  OF  THE  NEXT
 FISCAL  YEAR  IMMEDIATELY SUCCEEDING THE EFFECTIVE DATE OF THIS ARTICLE,
 THE MUNICIPAL CORPORATION SHALL IMPLEMENT  A  REVISED  RATE  OR  FEE  TO
 ENSURE COMPLIANCE WITH THIS ARTICLE FOR ALL AFFECTED PERSONS.
   § 305. CABLE SERVICES. THIS SECTION APPLIES TO ACTIVITIES IN THE RIGHT
 OF  WAY  ONLY. NOTHING IN THIS ARTICLE SHALL BE INTERPRETED TO ALLOW ANY
 ENTITY TO PROVIDE SERVICES REGULATED UNDER 47 U.S.C. § 521 TO 573  WITH-
 OUT  COMPLIANCE  WITH  ALL  LAWS APPLICABLE TO SUCH PROVIDERS, NOR SHALL
 THIS ARTICLE BE INTERPRETED TO IMPOSE  ANY  NEW  REQUIREMENTS  ON  CABLE
 PROVIDERS FOR THE PROVISION OF SUCH SERVICE IN THIS STATE.
   § 306. LOCAL AUTHORITY. SUBJECT TO THIS ARTICLE AND APPLICABLE FEDERAL
 LAW,  A MUNICIPAL CORPORATION MAY CONTINUE TO EXERCISE ZONING, LAND USE,
 PLANNING AND PERMITTING AUTHORITY WITHIN ITS TERRITORIAL BOUNDARIES WITH
 RESPECT TO WIRELESS SUPPORT STRUCTURES AND UTILITY POLES, INCLUDING  THE
 ENFORCEMENT OF APPLICABLE CODES.  A MUNICIPAL CORPORATION SHALL NOT HAVE
 OR  EXERCISE ANY JURISDICTION OR AUTHORITY OVER THE DESIGN, ENGINEERING,
 CONSTRUCTION, INSTALLATION, OR OPERATION OF A  SMALL  WIRELESS  FACILITY
 LOCATED  IN AN INTERIOR STRUCTURE OR UPON THE SITE OF A CAMPUS, STADIUM,
 OR ATHLETIC FACILITY NOT OWNED OR CONTROLLED  BY  THE  MUNICIPAL  CORPO-
 RATION,  OTHER THAN TO REQUIRE COMPLIANCE WITH APPLICABLE CODES. NOTHING
 IN THIS ARTICLE AUTHORIZES  THE  STATE  OR  ANY  POLITICAL  SUBDIVISION,
 INCLUDING  A MUNICIPAL CORPORATION, TO REQUIRE WIRELESS FACILITY DEPLOY-
 MENT OR TO REGULATE WIRELESS SERVICES.
   § 307. INVESTOR-OWNED ELECTRIC UTILITY POLES. THIS  ARTICLE  DOES  NOT
 APPLY  TO UTILITY POLES OWNED BY AN INVESTOR-OWNED UTILITY, EXCEPT AS IT
 CONCERNS A WIRELESS PROVIDER'S ACCESS TO THE RIGHT OF  WAY  AND  PERMITS
 FOR THE COLLOCATION OF SMALL WIRELESS FACILITIES ON SUCH UTILITY POLES.
   § 308. IMPLEMENTATION.  1. ADOPTION. A MUNICIPAL CORPORATION MAY ADOPT
 AN ORDINANCE THAT MAKES AVAILABLE TO WIRELESS PROVIDERS RATES, FEES, AND
 OTHER  TERMS  THAT  COMPLY  WITH  THIS  ARTICLE.    SUBJECT TO THE OTHER
 PROVISIONS OF THIS SECTION, IN THE ABSENCE OF AN ORDINANCE OR  AGREEMENT
 THAT  FULLY  COMPLIES WITH THIS ARTICLE AND UNTIL SUCH A COMPLIANT ORDI-
 NANCE IS ADOPTED, IF AT ALL, A WIRELESS PROVIDER MAY INSTALL AND OPERATE
 SMALL  WIRELESS  FACILITIES  AND  ASSOCIATED  UTILITY  POLES  UNDER  THE
 REQUIREMENTS  OF THIS ARTICLE. A MUNICIPAL CORPORATION MAY NOT REQUIRE A
 WIRELESS PROVIDER TO ENTER INTO AN AGREEMENT TO IMPLEMENT THIS  ARTICLE,
 BUT SUCH AGREEMENTS ARE PERMISSIBLE IF VOLUNTARY AND NONDISCRIMINATORY.
   2.  ORDINANCES AND AGREEMENTS.  ORDINANCES AND AGREEMENTS IMPLEMENTING
 THIS ARTICLE ARE PUBLIC/PRIVATE ARRANGEMENTS AND ARE MATTERS OF  LEGITI-
 MATE AND SIGNIFICANT STATEWIDE CONCERN.
   3.  APPLICATION.  AN AGREEMENT OR ORDINANCE THAT DOES NOT FULLY COMPLY
 WITH THIS ARTICLE SHALL APPLY ONLY  TO  SMALL  WIRELESS  FACILITIES  AND
 ASSOCIATED UTILITY POLES THAT WERE OPERATIONAL BEFORE THE EFFECTIVE DATE
 OF THIS ARTICLE, AND SHALL BE DEEMED INVALID AND UNENFORCEABLE BEGINNING
 ON  THE  ONE  HUNDRED  EIGHTY-FIRST DAY AFTER THE EFFECTIVE DATE OF THIS
 ARTICLE UNLESS AMENDED TO FULLY COMPLY WITH THIS ARTICLE.  IF AN  AGREE-
 MENT  OR ORDINANCE IS INVALID IN ACCORDANCE WITH THIS SUBDIVISION, SMALL
 WIRELESS FACILITIES AND ASSOCIATED UTILITY POLES THAT BECAME OPERATIONAL
 BEFORE THE EFFECTIVE DATE OF THIS ARTICLE, PURSUANT TO SUCH AGREEMENT OR
 ORDINANCE, MAY REMAIN INSTALLED AND BE OPERATED UNDER  THE  REQUIREMENTS
 OF THIS ARTICLE.
   4.  INVALID AND UNENFORCEABLE.  AN AGREEMENT OR ORDINANCE THAT APPLIES
 TO SMALL WIRELESS FACILITIES AND ASSOCIATED UTILITY  POLES  THAT  BECOME
 OPERATIONAL  ON  OR  AFTER THE EFFECTIVE DATE OF THIS ARTICLE IS INVALID
 AND UNENFORCEABLE UNLESS IT FULLY COMPLIES WITH  THIS  ARTICLE.  IN  THE
 ABSENCE OF AN ORDINANCE OR AGREEMENT THAT FULLY COMPLIES WITH THIS ARTI-

 S. 7508                            123                           A. 9508

 CLE,  A WIRELESS PROVIDER MAY INSTALL AND OPERATE SMALL WIRELESS FACILI-
 TIES AND ASSOCIATED UTILITY POLES IN THE RIGHT OF WAY UNDER THE REQUIRE-
 MENTS OF THIS ARTICLE.
   §  309.  DISPUTE  RESOLUTION.  A COURT OF COMPETENT JURISDICTION SHALL
 HAVE JURISDICTION TO DETERMINE ALL DISPUTES ARISING UNDER THIS  ARTICLE.
 PENDING  RESOLUTION  OF  A  DISPUTE  CONCERNING RATES FOR COLLOCATION OF
 SMALL WIRELESS FACILITIES ON MUNICIPAL  CORPORATION  POLES,  THE  PERSON
 OWNING  OR  CONTROLLING  THE  POLE SHALL ALLOW THE COLLOCATING PERSON TO
 COLLOCATE ON ITS POLES AT ANNUAL RATES OF NO MORE  THAN  TWENTY  DOLLARS
 WITH RATES TO BE TRUED UP UPON FINAL RESOLUTION OF THE DISPUTE.
   §  310.  INDEMNIFICATION,  INSURANCE,  AND BONDING. A MUNICIPAL CORPO-
 RATION MAY  ADOPT  REASONABLE  INDEMNIFICATION,  INSURANCE  AND  BONDING
 REQUIREMENTS  RELATED  TO SMALL WIRELESS FACILITY AND ASSOCIATED UTILITY
 POLE PERMITS SUBJECT TO THE REQUIREMENTS OF THIS ARTICLE.
   1. INDEMNIFICATION. A MUNICIPAL CORPORATION SHALL NOT REQUIRE A  WIRE-
 LESS  PROVIDER  TO  INDEMNIFY AND HOLD THE MUNICIPAL CORPORATION AND ITS
 OFFICERS AND EMPLOYEES HARMLESS AGAINST ANY CLAIMS, LAWSUITS, JUDGMENTS,
 COSTS, LIENS, LOSSES, EXPENSES OR FEES, EXCEPT WHEN A COURT OF COMPETENT
 JURISDICTION HAS FOUND THAT THE  NEGLIGENCE  OF  THE  WIRELESS  PROVIDER
 WHILE INSTALLING, REPAIRING, OR MAINTAINING CAUSED THE HARM THAT CREATED
 SUCH  CLAIMS,  LAWSUITS,  JUDGMENTS,  COSTS, LIENS, LOSSES, EXPENSES, OR
 FEES.
   2. INSURANCE. A MUNICIPAL CORPORATION AUTHORITY MAY REQUIRE A WIRELESS
 PROVIDER TO HAVE IN EFFECT INSURANCE COVERAGE CONSISTENT  WITH  SUBDIVI-
 SION  ONE  OF THIS SECTION, SO LONG AS THE MUNICIPAL CORPORATION IMPOSES
 SIMILAR REQUIREMENTS ON OTHER RIGHT OF WAY USERS AND  SUCH  REQUIREMENTS
 ARE  REASONABLE  AND  NONDISCRIMINATORY. (A) A MUNICIPAL CORPORATION MAY
 NOT REQUIRE A WIRELESS PROVIDER TO OBTAIN INSURANCE NAMING THE MUNICIPAL
 CORPORATION OR ITS OFFICERS AND EMPLOYEES AN ADDITIONAL INSURED.
   (B) A MUNICIPAL CORPORATION AUTHORITY MAY REQUIRE A WIRELESS  PROVIDER
 TO  FURNISH PROOF OF INSURANCE, IF REQUIRED, PRIOR TO THE EFFECTIVE DATE
 OF ANY PERMIT ISSUED FOR A SMALL WIRELESS FACILITY.
   3. BONDING. A MUNICIPAL CORPORATION MAY ADOPT BONDING REQUIREMENTS FOR
 SMALL WIRELESS FACILITIES IF THE MUNICIPAL CORPORATION  IMPOSES  SIMILAR
 REQUIREMENTS  IN  CONNECTION  WITH PERMITS ISSUED FOR OTHER RIGHT OF WAY
 USERS.
   (A) THE PURPOSE OF SUCH BONDS SHALL BE TO:
   (I) PROVIDE FOR THE REMOVAL  OF  ABANDONED  OR  IMPROPERLY  MAINTAINED
 SMALL  WIRELESS FACILITIES, INCLUDING THOSE THAT A MUNICIPAL CORPORATION
 DETERMINES NEED TO BE REMOVED  TO  PROTECT  PUBLIC  HEALTH,  SAFETY,  OR
 WELFARE;  (II)  RESTORATION  OF  THE  RIGHT  OF  WAY  IN CONNECTION WITH
 REMOVALS UNDER SUBDIVISION THIRTEEN OF SECTION THREE HUNDRED ONE OF THIS
 ARTICLE; OR (III) TO RECOUP RATES OR FEES THAT HAVE NOT BEEN PAID  BY  A
 WIRELESS PROVIDER IN OVER TWELVE MONTHS, SO LONG AS THE WIRELESS PROVID-
 ER  HAS RECEIVED REASONABLE NOTICE FROM THE MUNICIPAL CORPORATION OF ANY
 OF THE NON-COMPLIANCE LISTED ABOVE AND AN OPPORTUNITY TO CURE.
   (B) BONDING REQUIREMENTS MAY NOT EXCEED TWO HUNDRED DOLLARS PER  SMALL
 WIRELESS  FACILITY.  FOR WIRELESS PROVIDERS WITH MULTIPLE SMALL WIRELESS
 FACILITIES WITHIN THE JURISDICTION OF A  SINGLE  MUNICIPAL  CORPORATION,
 THE  TOTAL BOND AMOUNT ACROSS ALL FACILITIES MAY NOT EXCEED TEN THOUSAND
 DOLLARS, WHICH AMOUNT MAY BE COMBINED INTO ONE BOND INSTRUMENT.
   § 2. The highway law is amended by adding a new section 24 to read  as
 follows:
   24.  STATEWIDE  MASTER LICENSE AGREEMENT.   THE COMMISSIONER IS HEREBY
 AUTHORIZED TO ENTER INTO A STATEWIDE MASTER  LICENSE  AGREEMENT  WITH  A
 WIRELESS  PROVIDER  FOR  USE AND OCCUPANCY OF THE STATE RIGHT OF WAY FOR

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 THE PURPOSES OF  INSTALLING  COMMUNICATIONS  FACILITIES  ON  UTILITY  OR
 DEPARTMENT OWNED POLES OR NEW WIRELESS PROVIDER OWNED POLES. THE COMMIS-
 SIONER  SHALL  INCLUDE  ELEMENTS  IN  SUCH  AN AGREEMENT HE OR SHE DEEMS
 APPROPRIATE  TO  MAINTAIN  THE  SAFETY AND EFFECTIVE MANAGEMENT OF STATE
 ROADWAYS.  SUCH STATEWIDE AGREEMENT MAY INCLUDE A FEE, NOT TO EXCEED THE
 GREATER OF THE DEPARTMENT'S DIRECT COSTS, OR AN AMOUNT SET FORTH IN  THE
 AGREEMENT  FOR USE AND OCCUPANCY OF THE RIGHT OF WAY, PER SMALL WIRELESS
 FACILITY AS THAT TERM IS DEFINED IN SUBDIVISION TWENTY-FOUR  OF  SECTION
 THREE  HUNDRED  OF  THE  GENERAL  MUNICIPAL LAW. NOTHING IN THIS SECTION
 SHALL BE DEEMED TO PROHIBIT THE DEPARTMENT FROM COLLECTING ANY OTHER FEE
 IT HAS ESTABLISHED FOR ANY OTHER PERMIT THE  DEPARTMENT  ISSUES  OR  ANY
 OTHER FEE THE DEPARTMENT ASSESSES ANY INDIVIDUAL FOR ANY ACTIVITY IN THE
 DEPARTMENT'S NORMAL COURSE OF BUSINESS.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
                                  PART CC
 
   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 58 of the laws of 2018, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on July 1, [2020] 2024; 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.
   § 2. This act shall take effect immediately.
 
                                  PART DD
 
   Section  1.  Subdivision  (a)  of section 2 and section 3 of part F of
 chapter 60 of the laws of 2015 constituting the  infrastructure  invest-
 ment act, subdivision (a) of section 2 of part F as amended by section 1
 of  part M of chapter 39 of the laws of 2019, and section 3 of part F as
 amended by section 3 of part RRR of chapter 59 of the laws of 2017,  are
 amended to read as follows:
   (a)  (i) "authorized state entity" shall mean the New York state thru-
 way authority, the department of transportation, the  office  of  parks,
 recreation  and  historic  preservation, the department of environmental
 conservation [and], the New York state bridge authority, THE  OFFICE  OF
 GENERAL  SERVICES, THE DORMITORY AUTHORITY, THE URBAN DEVELOPMENT CORPO-
 RATION, THE STATE UNIVERSITY CONSTRUCTION FUND, THE NEW YORK STATE OLYM-
 PIC REGIONAL DEVELOPMENT AUTHORITY AND THE BATTERY PARK CITY AUTHORITY.
   (ii) Notwithstanding the provisions of subdivision 26 of section  1678
 of  the  public  authorities law, section 8 of the public buildings law,
 sections 8 and 9 of section 1 of chapter 359 of  the  laws  of  1968  as
 amended, section 103 of the general municipal law, and the provisions of
 any  other law to the contrary, the term "authorized state entity" shall
 also refer to only those agencies or authorities identified below solely
 in connection with the following authorized projects, provided that such
 an authorized state entity may utilize the alternative  delivery  method
 referred  to  as  design-build  contracts  solely in connection with the

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 following authorized projects should the total cost of each such project
 not be less than five million dollars ($5,000,000):

     Authorized Projects                     Authorized State Entity
 
 1.  Frontier Town                        Urban Development Corporation
 
 2.  Life Sciences Laboratory             Dormitory Authority & Urban
                                          Development Corporation
 
 3.  Whiteface Transformative Projects    New York State Olympic Regional
                                          Development Authority
 
 4.  Gore Transformative Projects         New York State Olympic Regional
                                          Development Authority
 5.  Belleayre Transformative Projects    New York State Olympic Regional
                                          Development Authority
 6.  Mt. Van Hoevenberg Transformative    New York State Olympic Regional
     Projects                             Development Authority
 7.  Olympic Training Center              New York State Olympic Regional
                                          Development Authority
 8.  Olympic Arena and Convention         New York State Olympic Regional
     Center Complex                       Development Authority
 9.  State Fair Revitalization            Office of General
     Projects                             Services
 10. State Police Forensic                Office of General
     Laboratory                           Services
 
   Notwithstanding  any  provision  of law to the contrary, all rights or
 benefits, including terms and conditions of employment,  and  protection
 of  civil  service  and  collective  bargaining  status  of all existing
 employees of authorized state entities [solely in  connection  with  the
 authorized  projects  listed  above,]  shall be preserved and protected.
 Nothing in this section shall result in the:  (1)  displacement  of  any
 currently  employed  worker  or  loss  of  position  (including  partial
 displacement such as a reduction in  the  hours  of  non-overtime  work,
 wages,  or  employment benefits) or result in the impairment of existing
 collective bargaining agreements; [and] (2) transfer of existing  duties
 and  functions related to maintenance and operations currently performed
 by existing employees of authorized  state  entities  to  a  contracting
 entity;  OR  (3)  TRANSFER  OF  FUTURE  DUTIES  AND FUNCTIONS ORDINARILY
 PERFORMED BY EMPLOYEES OF AUTHORIZED STATE ENTITIES TO  THE  CONTRACTING
 ENTITY.  Nothing  contained  herein shall be construed to affect (A) the
 existing rights of employees pursuant to an existing collective bargain-
 ing agreement, and (B) the existing representational relationships among
 employee organizations  or  the  bargaining  relationships  between  the
 employer and an employee organization.
   If otherwise applicable, authorized projects undertaken by the author-
 ized   state  entities  listed  above  solely  in  connection  with  the
 provisions of this act shall be subject to  section  135  of  the  state
 finance  law,  section 101 of the general municipal law, and section 222
 of the labor law; provided, however, that an authorized state entity may
 fulfill its obligations under section 135 of the state  finance  law  or
 section  101 of the general municipal law by requiring the contractor to
 prepare separate specifications in accordance with section  135  of  the

 S. 7508                            126                           A. 9508

 state  finance  law  or section 101 of the general municipal law, as the
 case may be.
   §  3. Notwithstanding the provisions of section 38 of the highway law,
 section 136-a of the state finance law, [section]  SECTIONS  359,  1678,
 1680,  1680-A  AND  2879-A  of  the  public  authorities  law, [section]
 SECTIONS 376, 407-A, 6281 AND 7210 of the education law, SECTIONS 8  AND
 9  OF THE PUBLIC BUILDINGS LAW, SECTION 11 OF CHAPTER 795 OF THE LAWS OF
 1967, SECTION 11 OF SECTION 1 OF CHAPTER 174 OF  THE  LAWS  OF  1968  AS
 AMENDED, SECTION 8 AND 9 OF SECTION 1 OF CHAPTER 359 OF THE LAWS OF 1968
 AS AMENDED, SECTION 29 OF CHAPTER 337 OF THE LAWS OF 1972, SECTION 21 OF
 CHAPTER  464  OF  THE LAWS OF 1972, SECTION 103 OF THE GENERAL MUNICIPAL
 LAW, and the provisions of  any  other  law  to  the  contrary,  and  in
 conformity with the requirements of this act, an authorized state entity
 may  utilize the alternative delivery method referred to as design-build
 contracts, in consultation with relevant local labor  organizations  and
 construction industry, for capital projects LOCATED IN THE STATE related
 to [the state's] physical infrastructure, including, but not limited to,
 [the  state's]  highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES,
 dams, flood control projects, canals,  and  parks,  including,  but  not
 limited  to,  to  repair  damage  caused by natural disaster, to correct
 health and safety defects, to comply with federal and state laws, stand-
 ards, and regulations, to extend the useful  life  of  or  replace  [the
 state's]  highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams,
 flood control projects, canals, and parks or to improve or add  to  [the
 state's]  highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams,
 flood control  projects,  canals,  and  parks;  provided  that  for  the
 contracts  executed  by  the department of transportation, the office of
 parks, recreation and historic preservation, or the department of  envi-
 ronmental conservation, the total cost of each such project shall not be
 less than ten million dollars ($10,000,000).
   §  2. The opening paragraph and subdivision (a) of section 4 of part F
 of chapter 60 of  the  laws  of  2015  constituting  the  infrastructure
 investment act, as amended by section 4 of part RRR of chapter 59 of the
 laws of 2017, are amended to read as follows:
   An  entity  selected  by  an  authorized  state entity to enter into a
 design-build contract [shall] MAY be selected through a two-step method,
 as follows:
   (a) Step one. Generation of a list of entities that have  demonstrated
 the  general capability to perform the design-build contract.  Such list
 shall consist of a specified number of entities,  as  determined  by  an
 authorized  state  entity, and shall be generated based upon the author-
 ized state entity's review of responses to a publicly advertised request
 for qualifications. The authorized state entity's request for qualifica-
 tions shall include a general description of the  project,  the  maximum
 number of entities to be included on the list, the selection criteria to
 be used and the relative weight of each criteria in generating the list.
 Such  selection criteria shall include the qualifications and experience
 of the design and construction team, organization, demonstrated  respon-
 sibility,  ability  of the team or of a member or members of the team to
 comply with applicable requirements, including the provisions  of  arti-
 cles  145,  147  and 148 of the education law, past record of compliance
 with the labor law, and such other qualifications the  authorized  state
 entity  deems  appropriate  which  may  include  but  are not limited to
 project understanding, financial capability and record of past  perform-
 ance.  The  authorized state entity shall evaluate and rate all entities
 responding to the request for qualifications.  Based upon such  ratings,

 S. 7508                            127                           A. 9508
 
 the authorized state entity shall list the entities that shall receive a
 request  for  proposals  in  accordance  with  subdivision  (b)  of this
 section.   To the extent consistent with  applicable  federal  law,  the
 authorized  state  entity  shall  consider,  when  awarding any contract
 pursuant to this section, the  participation  of:  (i)  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]  (ii) small business
 concerns identified pursuant to subdivision (b) of section 139-g of  the
 state finance law; AND (III) FIRMS CERTIFIED PURSUANT TO ARTICLE 17-B OF
 THE  EXECUTIVE  LAW AS SERVICE-DISABLED VETERAN-OWNED BUSINESSES AND THE
 ABILITY OF OTHER BUSINESSES UNDER CONSIDERATION TO  WORK  WITH  SERVICE-
 DISABLED  VETERAN-OWNED  BUSINESSES  SO AS TO PROMOTE AND ASSIST PARTIC-
 IPATION BY SUCH BUSINESSES.
   § 3. Sections 7 and 8 of part F of chapter 60  of  the  laws  of  2015
 constituting  the  infrastructure  investment act are amended to read as
 follows:
   § 7. If otherwise  applicable,  capital  projects  undertaken  by  the
 authorized state entity pursuant to this act shall be subject to section
 135  of  the state finance law, SECTION 101 OF THE GENERAL MUNICIPAL LAW
 and section 222 of the labor law; PROVIDED, HOWEVER, THAT AN  AUTHORIZED
 STATE  ENTITY MAY FULFILL ITS OBLIGATIONS UNDER SECTION 135 OF THE STATE
 FINANCE LAW OR SECTION 101 OF THE GENERAL MUNICIPAL LAW BY REQUIRING THE
 CONTRACTOR TO PREPARE SEPARATE SPECIFICATIONS IN ACCORDANCE WITH SECTION
 135 OF THE STATE FINANCE LAW OR SECTION 101  OF  THE  GENERAL  MUNICIPAL
 LAW, AS THE CASE MAY BE.
   §  8. Each contract entered into by the authorized state entity pursu-
 ant to this section shall comply with the objectives and goals of minor-
 ity and women-owned business enterprises pursuant to article 15-A of the
 executive law AND OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
 PURSUANT TO ARTICLE 17-B OF THE EXECUTIVE LAW or, for projects receiving
 federal aid, shall  comply  with  applicable  federal  requirements  for
 disadvantaged business enterprises.
   §  4. Paragraph 3 of subdivision (a) and subdivision (b) of section 13
 of part F of chapter 60 of the laws of 2015 constituting the infrastruc-
 ture investment act, as amended by section 11 of part RRR of chapter  59
 of the laws of 2017, are amended to read as follows:
   3. (I) 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, WHICH LUMP SUM PRICE MAY BE NEGO-
 TIATED AND ESTABLISHED  BY  THE  AUTHORIZED  STATE  ENTITY  BASED  ON  A
 PROPOSED GUARANTEED MAXIMUM PRICE.
   (II)  THE DESIGN-BUILD CONTRACT MAY INCLUDE BOTH LUMP SUM ELEMENTS AND
 COST-PLUS NOT TO EXCEED GUARANTEED MAXIMUM PRICE ELEMENTS AND  MAY  ALSO
 PROVIDE FOR PROFESSIONAL SERVICES ON A FEE-FOR-SERVICE BASIS.
   (b)  Capital  projects  undertaken  by  an authorized state entity may
 include an incentive clause in  the  contract  for  various  performance
 objectives, but the incentive clause shall not include an incentive that
 exceeds the quantifiable value of the benefit received by the authorized
 state  entity.  [The] NOTWITHSTANDING THE PROVISIONS OF SECTIONS 136 AND
 137 OF THE STATE FINANCE LAW, THE authorized state entity shall  [estab-
 lish]  REQUIRE  such  performance  and  payment  bonds, OR OTHER FORM OF
 UNDERTAKING as it deems necessary.

 S. 7508                            128                           A. 9508
 
   § 5. Part F of chapter 60 of the laws of 2015 constituting the infras-
 tructure investment act is amended by adding a new section 15-a to  read
 as follows:
   §  15-A.  ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO
 BE AWARDED PURSUANT TO A COMPETITIVE PROCUREMENT FOR PURPOSES OF SECTION
 2879-A OF THE PUBLIC AUTHORITIES LAW.
   § 6. Section 17 of part F of chapter 60 of the laws of 2015 constitut-
 ing the infrastructure investment act, as amended by section 1  of  part
 WWW of chapter 59 of the laws of 2019, is amended to read as follows:
   §  17.  This act shall take effect immediately and shall expire and be
 deemed repealed [6 years after such date]  ON  JULY  1,  2023,  provided
 that,  projects  with  requests  for qualifications issued prior to such
 repeal shall be permitted to continue  under  this  act  notwithstanding
 such repeal.
   §  7.  This act shall take effect immediately; provided, however, that
 the amendments to part F of chapter 60 of  the  laws  of  2015  made  by
 sections one, two, three, four and five of this act shall not affect the
 repeal of such part and shall be deemed to repeal therewith.
 
                                  PART EE
 
   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 Z of chapter 58 of the
 laws of 2019, 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, [2020] 2021.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 1, 2020.
 
                                  PART FF
 
   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 Y of chapter 58 of the  laws  of  2019,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately provided, however, that
 section one of this act shall expire on July 1, [2020]  2021,  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.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART GG
 
   Section  1.  Paragraph  (a)  of  subdivision  11 of section 400 of the
 economic development law, as amended by section 3 of part QQ of  chapter
 60 of the laws of 2016, is amended to read as follows:
   (a)  a  correctional facility, as defined in paragraph (a) of subdivi-
 sion four of section two of the correction law, that has  been  selected

 S. 7508                            129                           A. 9508
 
 by  the governor of the state of New York for closure after April first,
 two thousand eleven[ but no later than March thirty-first, two  thousand
 twelve]; or
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 400 of the economic development  law  made  by
 section  one of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.
 
                                  PART HH
 
   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 $22,700,000
 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 2018. 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, 2020 and such amounts shall be paid to
 the New York state energy  research  and  development  authority  on  or
 before  September  10,  2020.  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  up  to $4 million to the state general fund for climate change
 related services and expenses of the department of environmental conser-
 vation, $150,000 to the state general fund for services and expenses  of
 the department of agriculture and markets, and $825,000 to the Universi-
 ty 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 president and chief executive
 officer  of the authority, or his or her designee, 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 author-
 ity  shall  have  submitted,  and  the director of the budget shall have

 S. 7508                            130                           A. 9508
 
 approved, a comprehensive financial plan encompassing all moneys  avail-
 able to and all anticipated commitments and expenditures by such author-
 ity 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 electric corporations, in  a  manner
 to  be  determined  by  the department of public service, and any refund
 amounts must be explicitly lined out in the  itemized  record  described
 above.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART II
 
   Section 1. The closing paragraph of subdivision 1 of  section  161  of
 the  labor  law, as added by chapter 105 of the laws of 2019, is amended
 to read as follows:
   Every person employed as a farm laborer  shall  be  allowed  at  least
 twenty-four  consecutive  hours of rest in each and every calendar week.
 This requirement shall not apply  to  the  EMPLOYER  OR  parent,  child,
 spouse  or  other  member  of the employer's immediate family.  THE TERM
 "EMPLOYER" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPHS (A)  AND
 (B) OF SUBDIVISION TWO OF SECTION SEVEN HUNDRED ONE OF THIS CHAPTER. THE
 TERM  "IMMEDIATE  FAMILY  MEMBER" SHALL MEAN FAMILY RELATED TO THE THIRD
 DEGREE OF CONSANGUINITY OR AFFINITY. Twenty-four consecutive hours spent
 at rest because of circumstances, such as weather  or  crop  conditions,
 shall  be  deemed  to constitute the rest required by this paragraph. No
 provision of this paragraph shall prohibit a farm laborer from voluntar-
 ily agreeing to work on such day of rest  required  by  this  paragraph,
 provided  that the farm laborer is compensated at an overtime rate which
 is at least one and one-half times the laborer's regular rate of pay for
 all hours worked on such day of rest. The term "farm labor" AS  USED  IN
 THIS  SECTION  AND SECTIONS ONE HUNDRED SIXTY-TWO AND ONE HUNDRED SIXTY-
 THREE-A OF THIS ARTICLE shall include all services performed in agricul-
 tural  employment  in  connection  with  cultivating  the  soil,  or  in
 connection  with  raising  or  harvesting  of  agricultural commodities,
 including the raising, shearing, caring for and management of livestock,
 poultry or dairy. The day of  rest  authorized  under  this  subdivision
 should, whenever possible, coincide with the traditional day reserved by
 the farm laborer for religious worship.
   §  2.  Section  163-a of the labor law, as added by chapter 105 of the
 laws of 2019, is amended to read as follows:
   § 163-a. Farm laborers. No person  or  corporation  operating  a  farm
 shall  require any [employee] FARM LABORER to work more than sixty hours
 in  any  calendar  week;  provided,  however,  that  any  overtime  work
 performed by a farm laborer shall be at a rate which is at least one and
 one-half  times the laborer's regular rate of pay. No wage order subject
 to the provisions of this chapter shall be applicable to a farm  laborer
 other  than  a  wage  order  established pursuant to section six hundred
 seventy-four or six hundred seventy-four-a of this chapter.
   § 3. Paragraph (c) of subdivision 3 of section 701 of the  labor  law,
 as  added  by  chapter  105  of  the laws of 2019, is amended to read as
 follows:

 S. 7508                            131                           A. 9508
 
   (c) The term "employee" shall also include farm laborers. "Farm labor-
 ers" shall mean any individual engaged or permitted by  an  employer  to
 work on a farm, except the parent, spouse, child, or other member of the
 employer's  immediate family.   THE TERM "IMMEDIATE FAMILY MEMBER" SHALL
 MEAN FAMILY RELATED TO THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY.
   § 4. This act shall take effect immediately.
 
                                  PART JJ
 
   Section  1.  Section  103  of  the general municipal law is amended by
 adding a new subdivision 9-b to read as follows:
   9-B. NOTWITHSTANDING THE FOREGOING PROVISIONS OF THIS SECTION  TO  THE
 CONTRARY,  A  BOARD OF EDUCATION, ON BEHALF OF ITS SCHOOL DISTRICT, OR A
 BOARD OF COOPERATIVE EDUCATIONAL  SERVICES,  THAT  PURCHASES  GOODS  AND
 SERVICES  FOR  THE  FEDERAL  CHILD  NUTRITION  PROGRAMS  MAY USE ITS OWN
 PROCUREMENT PROCEDURES WHICH ADHERE TO APPLICABLE LOCAL LAWS  AND  REGU-
 LATIONS,  PROVIDED  THAT  PROCUREMENTS  MADE  WITH NONPROFIT SCHOOL FOOD
 ACCOUNT FUNDS ADHERE TO THE STANDARDS SET FORTH IN THE  NATIONAL  SCHOOL
 LUNCH  PROGRAM (7 CFR 210), SCHOOL BREAKFAST PROGRAM (7 CFR 220), SUMMER
 FOOD SERVICE PROGRAM (7 CFR 225), AND IN 2 CFR PART 200, SUBPART  D,  AS
 APPLICABLE.
   § 2. This act shall take effect immediately.
 
                                  PART KK
 
   Section  1.  Subdivision 4 of section 1285-j of the public authorities
 law is amended by adding a new closing paragraph to read as follows:
   SUBJECT TO ANY APPLICABLE PROVISIONS OF  FEDERAL  OR  STATE  LAW,  ANY
 FINANCIAL  ASSISTANCE  AT  AN  INTEREST RATE OF ZERO PERCENT PROVIDED TO
 MUNICIPALITIES THAT MEET THE HARDSHIP CRITERIA ESTABLISHED  PURSUANT  TO
 SECTION  17-1909 OF THE ENVIRONMENTAL CONSERVATION LAW, MAY HAVE A FINAL
 MATURITY UP TO FORTY YEARS FOLLOWING COMPLETION OF THE ELIGIBLE PROJECT.
   § 2. Subdivision 4 of section 1285-m of the public authorities law  is
 amended by adding a new closing paragraph to read as follows:
   SUBJECT  TO  ANY  APPLICABLE  PROVISIONS  OF FEDERAL OR STATE LAW, ANY
 FINANCIAL ASSISTANCE AT AN INTEREST RATE OF  ZERO  PERCENT  PROVIDED  TO
 MUNICIPALITIES  THAT  MEET THE HARDSHIP CRITERIA ESTABLISHED PURSUANT TO
 TITLE FOUR OF ARTICLE ELEVEN OF THE PUBLIC HEALTH LAW, MAY HAVE A  FINAL
 MATURITY UP TO FORTY YEARS FOLLOWING COMPLETION OF THE ELIGIBLE PROJECT.
   § 3. This act shall take effect immediately.
 
                                  PART LL
 
   Section  1.  The  banking  law is amended by adding a new article 7 to
 read as follows:
                                ARTICLE VII
                     LICENSED CONSUMER DEBT COLLECTORS
 SECTION 295. DEFINITIONS.
         296. LICENSE REQUIRED; ENTITIES EXEMPT.
         297. APPLICATION FOR LICENSE; FEES.
         298. SURETY BOND REQUIRED.
         299. EXAMINATION; BOOKS AND RECORDS; REPORTS.
         300. PROHIBITED ACTS.
         301. REGULATIONS; MINIMUM STANDARDS.
         302. APPLICATION FOR ACQUISITION OF CONTROL OF A  CONSUMER  DEBT
                COLLECTOR.

 S. 7508                            132                           A. 9508
 
         303. SUSPENSION AND REVOCATION.
         304. BAD ACTORS.
   § 295. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "APPLICANT" MEANS A CONSUMER DEBT COLLECTOR WHO HAS FILED AN APPLI-
 CATION TO OBTAIN A LICENSE UNDER THIS ARTICLE.
   2.  "COMMUNICATION"  AND "COMMUNICATE" MEANS THE CONVEYING OF INFORMA-
 TION REGARDING A DEBT DIRECTLY OR INDIRECTLY TO ANY PERSON  THROUGH  ANY
 MEDIUM.
   3.  "CONSUMER  DEBT"  MEANS ANY OBLIGATION OF A NATURAL PERSON FOR THE
 PAYMENT OF MONEY OR ITS EQUIVALENT WHICH ARISES  OUT  OF  A  TRANSACTION
 WHICH  WAS  PRIMARILY  FOR  PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. THE
 TERM INCLUDES AN OBLIGATION OF A  NATURAL  PERSON  WHO  IS  A  CO-MAKER,
 ENDORSER, GUARANTOR OR SURETY OF SUCH A TRANSACTION.
   4.  "CONSUMER  DEBTOR" MEANS ANY NATURAL PERSON OBLIGATED OR ALLEGEDLY
 OBLIGATED TO PAY ANY CONSUMER DEBT.
   5. "CONSUMER DEBT COLLECTOR" MEANS ANY PERSON WHO ENGAGES IN  A  BUSI-
 NESS,  A  PRINCIPAL PURPOSE OF WHICH IS THE COLLECTION OF CONSUMER DEBTS
 OR OF DEBT BUYING, OR WHO REGULARLY COLLECTS  OR  ATTEMPTS  TO  COLLECT,
 DIRECTLY  OR  INDIRECTLY,  CONSUMER DEBTS OWED OR DUE TO ANOTHER PERSON.
 THE TERM INCLUDES ANY CREDITOR WHO, IN THE PROCESS OF COLLECTING ITS OWN
 CONSUMER DEBTS, AND USES ANY NAME OTHER THAN ITS OWN WHICH WOULD REASON-
 ABLY INDICATE THAT A THIRD PERSON IS COLLECTING OR ATTEMPTING TO COLLECT
 A CONSUMER DEBT.
   6. "CONTROL" MEANS THE POSSESSION, DIRECT OR INDIRECT, OF THE POWER TO
 DIRECT OR CAUSE THE DIRECTION  OF  THE  MANAGEMENT  AND  POLICIES  OF  A
 PERSON, WHETHER THROUGH THE OWNERSHIP OF VOTING SECURITIES, BY CONTRACT,
 EXCEPT  A  COMMERCIAL  CONTRACT FOR GOODS OR NON-MANAGEMENT SERVICES, OR
 OTHERWISE; BUT NO PERSON SHALL BE DEEMED TO CONTROL ANOTHER PERSON SOLE-
 LY BY REASON OF HIS OR HER BEING AN OFFICER OR DIRECTOR  OF  SUCH  OTHER
 PERSON.  CONTROL  SHALL  BE  PRESUMED TO EXIST IF ANY PERSON DIRECTLY OR
 INDIRECTLY OWNS, CONTROLS OR HOLDS WITH THE POWER TO VOTE TEN PERCENT OR
 MORE OF THE VOTING SECURITIES OF ANY OTHER PERSON.
   7. "CREDITOR" MEANS ANY PERSON TO WHOM A CONSUMER DEBT IS OWED.
   8. "LICENSEE" MEANS A CONSUMER DEBT COLLECTOR THAT  POSSESSES  ONE  OR
 MORE LICENSES PURSUANT TO THIS ARTICLE.
   9.  "PERSON"  MEANS  A NATURAL PERSON OR ANY ENTITY, INCLUDING BUT NOT
 LIMITED TO ANY PARTNERSHIP, CORPORATION,  BRANCH,  AGENCY,  ASSOCIATION,
 ORGANIZATION,  ANY  SIMILAR  ENTITY  OR ANY COMBINATION OF THE FOREGOING
 ACTING IN CONCERT.
   § 296. LICENSE REQUIRED; ENTITIES EXEMPT. 1. NO PERSON SHALL ACT WITH-
 IN THIS STATE AS A CONSUMER  DEBT  COLLECTOR,  DIRECTLY  OR  INDIRECTLY,
 WITHOUT  FIRST  OBTAINING  A LICENSE FROM THE SUPERINTENDENT. A CONSUMER
 DEBT COLLECTOR IS ACTING WITHIN THIS STATE IF IT IS SEEKING  TO  COLLECT
 FROM ANY CONSUMER DEBTOR THAT RESIDES WITHIN THIS STATE.
   2.  NO  CREDITOR MAY UTILIZE THE SERVICES OF A CONSUMER DEBT COLLECTOR
 TO COLLECT FROM A CONSUMER DEBTOR THAT RESIDES WITHIN THIS STATE  UNLESS
 THE CONSUMER DEBT COLLECTOR IS LICENSED BY THE SUPERINTENDENT.
   3.  THE REQUIREMENTS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION SHALL
 NOT APPLY TO:
   (A) AN INDIVIDUAL EMPLOYED BY A LICENSED CONSUMER DEBT COLLECTOR  WHEN
 ATTEMPTING TO COLLECT ON BEHALF OF SUCH CONSUMER DEBT COLLECTOR;
   (B)  A PERSON WHO RECEIVES FUNDS IN ESCROW FOR SUBSEQUENT DISTRIBUTION
 TO OTHERS, INCLUDING, BUT NOT LIMITED TO, A REAL ESTATE BROKER OR LENDER
 HOLDING FUNDS OF BORROWERS FOR PAYMENT OF TAXES OR INSURANCE;
   (C) ANY PUBLIC OFFICER ACTING IN THEIR OFFICIAL CAPACITY;

 S. 7508                            133                           A. 9508
 
   (D) A PERSON WHO IS PRINCIPALLY ENGAGED IN THE BUSINESS  OF  SERVICING
 LOANS  OR  ACCOUNTS WHICH ARE NOT DELINQUENT FOR THE OWNERS THEREOF WHEN
 IN ADDITION TO REQUESTING PAYMENT FROM DELINQUENT CONSUMER DEBTORS,  THE
 PERSON PROVIDES OTHER SERVICES INCLUDING RECEIPT OF PAYMENT, ACCOUNTING,
 RECORD-KEEPING,  DATA  PROCESSING  SERVICES  AND REMITTING, FOR LOANS OR
 ACCOUNTS WHICH ARE CURRENT AS WELL AS THOSE WHICH ARE DELINQUENT;
   (E) ANY PERSON WHILE SERVING OR ATTEMPTING TO SERVE LEGAL  PROCESS  ON
 ANY  OTHER  PERSON  IN  CONNECTION  WITH THE JUDICIAL ENFORCEMENT OF ANY
 DEBT;
   (F) ANY NON-PROFIT ORGANIZATION WHICH, AT THE REQUEST  OF  A  CONSUMER
 DEBTOR,  PERFORMS  BONA  FIDE  CONSUMER  CREDIT  COUNSELING  AND ASSISTS
 CUSTOMERS IN THE LIQUIDATION OF THEIR DEBTS BY RECEIVING  PAYMENTS  FROM
 SUCH CONSUMER DEBTORS AND DISTRIBUTING SUCH AMOUNTS TO CREDITORS;
   (G)  ANY NATIONAL BANK, FEDERAL RESERVE BANK, OR AGENCY OR DIVISION OF
 THE FEDERAL GOVERNMENT, OR ANY PERSON, PARTNERSHIP, ASSOCIATION,  CORPO-
 RATION  OR  OTHER  ORGANIZATION  DOING BUSINESS UNDER OR PURSUANT TO THE
 PROVISIONS OF THIS CHAPTER,  OR  ANY  INSURER  DOING  BUSINESS  UNDER  A
 LICENSE ISSUED UNDER THE INSURANCE LAW; AND
   (H)  A  SUBSIDIARY  OR AFFILIATE OF ANY NATIONAL BANK, FEDERAL RESERVE
 BANK, OR AGENCY OR DIVISION OF THE FEDERAL GOVERNMENT,  OR  ANY  PERSON,
 PARTNERSHIP,  ASSOCIATION, CORPORATION OR OTHER ORGANIZATION DOING BUSI-
 NESS UNDER OR PURSUANT TO THE PROVISIONS OF THIS CHAPTER OR ANY  INSURER
 DOING  BUSINESS UNDER A LICENSE ISSUED UNDER THE INSURANCE LAW, PROVIDED
 SUCH AFFILIATE OR SUBSIDIARY IS NOT PRIMARILY ENGAGED IN THE BUSINESS OF
 PURCHASING AND COLLECTING UPON DELINQUENT DEBT,  OTHER  THAN  DELINQUENT
 DEBT SECURED BY REAL PROPERTY.
   §  297.  APPLICATION  FOR  LICENSE;  FEES. 1. (A) AN APPLICATION FOR A
 LICENSE UNDER THIS ARTICLE SHALL BE IN WRITING, UNDER OATH, AND  IN  THE
 FORM PRESCRIBED BY THE SUPERINTENDENT AND SHALL CONTAIN SUCH INFORMATION
 AS THE SUPERINTENDENT MAY REQUIRE.
   (B)  THE  SUPERINTENDENT MAY REJECT AN APPLICATION FOR A LICENSE OR AN
 APPLICATION FOR THE RENEWAL OF A LICENSE IF HE OR SHE IS  NOT  SATISFIED
 THAT  THE FINANCIAL RESPONSIBILITY, CHARACTER, REPUTATION, INTEGRITY AND
 GENERAL FITNESS OF THE APPLICANT AND OF THE OWNERS, PARTNERS OR  MEMBERS
 THEREOF,  IF  THE  APPLICANT BE A PARTNERSHIP OR ASSOCIATION, AND OF THE
 OFFICERS AND DIRECTORS, IF THE APPLICANT BE A CORPORATION, ARE  SUCH  AS
 TO  COMMAND  THE CONFIDENCE OF THE PUBLIC AND TO WARRANT THE BELIEF THAT
 THE BUSINESS FOR WHICH THE APPLICATION FOR A LICENSE IS  FILED  WILL  BE
 OPERATED LAWFULLY, HONESTLY AND FAIRLY.
   (C)  IN  ADDITION  TO  ANY  OTHER  INFORMATION  THE SUPERINTENDENT MAY
 REQUIRE THE APPLICATION TO ALSO INCLUDE A DESCRIPTION OF THE  ACTIVITIES
 OF  THE  APPLICANT,  IN  SUCH DETAIL AND FOR SUCH PERIODS, AS THE SUPER-
 INTENDENT MAY ESTABLISH.
   2. AT THE TIME OF MAKING THE APPLICATION FOR A LICENSE, THE  APPLICANT
 SHALL  PAY TO THE SUPERINTENDENT A FEE AS PRESCRIBED PURSUANT TO SECTION
 EIGHTEEN-A OF THIS CHAPTER FOR EACH PROPOSED LOCATION, FOR INVESTIGATING
 THE APPLICATION.
   3. IN ADDITION TO ANY OTHER FEE IMPOSED ON AN APPLICANT  OR  LICENSEE,
 EVERY  LICENSEE  SHALL PAY TO THE SUPERINTENDENT THE SUMS PROVIDED TO BE
 PAID UNDER THE PROVISIONS OF SECTION TWO HUNDRED SIX  OF  THE  FINANCIAL
 SERVICES LAW.
   4.  THE  LICENSE  SHALL BE FOR A PERIOD OF ONE YEAR AS OF THE FIRST OF
 SEPTEMBER EACH YEAR, OR SUCH OTHER DATE AS DETERMINED BY THE SUPERINTEN-
 DENT BY REGULATION.
   5. EACH LICENSE SHALL PLAINLY STATE THE NAME OF THE LICENSEE  AND  THE
 CITY  OR  TOWN  WITH  THE  NAME OF THE STREET AND NUMBER, IF ANY, OF THE

 S. 7508                            134                           A. 9508
 
 PLACE WHERE THE BUSINESS IS TO BE  CARRIED  ON.  A  LICENSEE  SHALL  NOT
 CHANGE  THE LOCATION WHERE THE BUSINESS OF THE LICENSEE IS TO BE CARRIED
 ON WITHOUT FIRST OBTAINING THE PRIOR APPROVAL OF THE  SUPERINTENDENT.  A
 REQUEST  FOR RELOCATION SHALL BE IN WRITING SETTING FORTH THE REASON FOR
 THE REQUEST, AND SHALL BE ACCOMPANIED BY A RELOCATION INVESTIGATION  FEE
 TO BE DETERMINED PURSUANT TO SECTION EIGHTEEN-A OF THIS CHAPTER.
   6.  THE  BUSINESS  SHALL  AT ALL TIMES BE CONDUCTED IN THE NAME OF THE
 LICENSEE AS IT APPEARS ON THE LICENSE.
   7. THE LICENSE SHALL NOT BE TRANSFERABLE NOR ASSIGNABLE.
   8. THE SUPERINTENDENT  MAY  PARTICIPATE  IN  A  MULTI-STATE  LICENSING
 SYSTEM  FOR  THE SHARING OF REGULATORY INFORMATION AND FOR THE LICENSING
 AND APPLICATION, BY ELECTRONIC OR OTHER MEANS, OF  ENTITIES  ENGAGED  IN
 THE  BUSINESS  OF  DEBT  COLLECTION.  THE  SUPERINTENDENT  MAY ESTABLISH
 REQUIREMENTS FOR PARTICIPATION BY AN APPLICANT IN A MULTI-STATE  LICENS-
 ING  SYSTEM  WHICH  MAY  VARY  FROM  THE PROVISIONS OF THIS SECTION. THE
 SUPERINTENDENT MAY REQUIRE A BACKGROUND INVESTIGATION OF EACH  APPLICANT
 FOR  A  CONSUMER  DEBT  COLLECTOR LICENSE BY MEANS OF FINGERPRINT, WHICH
 SHALL BE SUBMITTED BY ALL APPLICANTS SIMULTANEOUSLY WITH AN  APPLICATION
 AND  WHICH  THE  SUPERINTENDENT  MAY  SUBMIT TO THE DIVISION OF CRIMINAL
 JUSTICE SERVICES AND THE FEDERAL BUREAU OF INVESTIGATIONS FOR STATE  AND
 NATIONAL  CRIMINAL HISTORY RECORD CHECKS. IF THE APPLICANT IS A PARTNER-
 SHIP, ASSOCIATION, CORPORATION OR OTHER FORM OF  BUSINESS  ORGANIZATION,
 THE  SUPERINTENDENT  MAY  REQUIRE  A  BACKGROUND  INVESTIGATION FOR EACH
 MEMBER, DIRECTOR AND PRINCIPAL OFFICER OF THE APPLICANT AND ANY INDIVID-
 UAL ACTING AS A MANAGER OF AN OFFICE LOCATION. THE APPLICANT  SHALL  PAY
 DIRECTLY  TO THE MULTI-STATE LICENSING SYSTEM ANY ADDITIONAL FEES RELAT-
 ING TO PARTICIPATION IN THE MULTI-STATE LICENSING SYSTEM.
   § 298. SURETY BOND REQUIRED. 1. A CONSUMER  DEBT  COLLECTOR  SHALL  BE
 REQUIRED TO FILE AND MAINTAIN IN FORCE A SURETY BOND, ISSUED BY A DOMES-
 TIC  INSURER,  AS  A  CONDITION PRECEDENT TO THE ISSUANCE OR RENEWAL AND
 MAINTENANCE OF A LICENSE UNDER THIS ARTICLE.  THE BOND SHALL BE FOR  THE
 BENEFIT  OF  CREDITORS  WHO  OBTAIN A JUDGMENT FROM A COURT OF COMPETENT
 JURISDICTION BASED ON THE FAILURE OF  THE  CONSUMER  DEBT  COLLECTOR  TO
 REMIT  MONEY  COLLECTED  ON  ACCOUNT AND OWED TO THE CREDITOR.  THE BOND
 SHALL ALSO BE FOR THE BENEFIT OF CONSUMER DEBTORS  WHO  OBTAIN  JUDGMENT
 FROM  A  COURT  OF  COMPETENT  JURISDICTION  BASED ON A VIOLATION BY THE
 CONSUMER DEBT COLLECTOR OF THE FEDERAL FAIR DEBT COLLECTION PRACTICE ACT
 OR ANY OTHER NEW YORK LAW OR FEDERAL LAW  WHICH  IS  APPLICABLE  TO  THE
 CONSUMER  DEBT COLLECTOR.  THE BOND SHALL BE IN A FORM PRESCRIBED BY THE
 SUPERINTENDENT IN THE SUM OF TWENTY-FIVE THOUSAND  DOLLARS.    THE  BOND
 SHALL  BE  CONTINUOUS IN FORM AND RUN CONCURRENTLY WITH THE ORIGINAL AND
 EACH RENEWAL LICENSE PERIOD UNLESS TERMINATED BY THE INSURANCE  COMPANY.
 AN INSURANCE COMPANY MAY TERMINATE A BOND AND AVOID FURTHER LIABILITY BY
 FILING  A  NOTICE OF TERMINATION WITH THE DEPARTMENT SIXTY DAYS PRIOR TO
 THE TERMINATION AND AT THE SAME TIME SENDING  THE  SAME  NOTICE  TO  THE
 CONSUMER DEBT COLLECTOR.
   2.  A LICENSE SHALL BE AUTOMATICALLY CANCELLED ON THE TERMINATION DATE
 OF THE BOND UNLESS A NEW BOND IS FILED WITH  THE  DEPARTMENT  TO  BECOME
 EFFECTIVE AT THE TERMINATION DATE OF THE PRIOR BOND.
   3.  IF  A  LICENSE HAS BEEN CANCELLED UNDER THIS SECTION, THE CONSUMER
 DEBT COLLECTOR MUST FILE A NEW APPLICATION TO OBTAIN A LICENSE AND  WILL
 BE CONSIDERED A NEW APPLICANT IF IT OBTAINS A NEW BOND.
   4.  FOR THE PURPOSES OF THIS SECTION THE TERM "DOMESTIC INSURER" SHALL
 HAVE THE SAME MEANING AS GIVEN IN  SECTION  ONE  HUNDRED  SEVEN  OF  THE
 INSURANCE  LAW.    IF  A BOND REQUIRED BY THIS SECTION IS NOT REASONABLY
 AVAILABLE FROM A DOMESTIC INSURER THE SUPERINTENDENT MAY, IN HIS OR  HER

 S. 7508                            135                           A. 9508
 
 DISCRETION,  PERMIT,  ON A CASE BY CASE BASIS OR BY ORDER, CONSUMER DEBT
 COLLECTORS TO OBTAIN THE BOND REQUIRED BY THIS SECTION FROM  SUCH  OTHER
 ENTITIES  LICENSED  BY THE DEPARTMENT AS THE SUPERINTENDENT DEEMS APPRO-
 PRIATE.
   §  299. EXAMINATION; BOOKS AND RECORDS; REPORTS. 1. FOR THE PURPOSE OF
 ENFORCING THE PROVISIONS OF THIS ARTICLE AND FOR ENSURING THE  SAFE  AND
 SOUND OPERATION OF THE CONSUMER DEBT COLLECTOR BUSINESS, THE SUPERINTEN-
 DENT  MAY  AT  ANY  TIME,  AND  AS  OFTEN  AS  MAY BE DETERMINED, EITHER
 PERSONALLY OR BY A PERSON DULY APPOINTED BY THE SUPERINTENDENT, INVESTI-
 GATE THE LOANS AND BUSINESS AND EXAMINE THE  BOOKS,  ACCOUNTS,  RECORDS,
 AND FILES USED THEREIN OF EVERY LICENSEE.
   2.  THE  SUPERINTENDENT AND DULY DESIGNATED REPRESENTATIVES SHALL HAVE
 FREE ACCESS TO THE OFFICES  AND  PLACE  OF  BUSINESS,  BOOKS,  ACCOUNTS,
 PAPERS,  RECORDS,  AUDIO RECORDINGS, FILES, SAFES AND VAULTS OF ALL SUCH
 LICENSEES WHEREVER LOCATED. THE SUPERINTENDENT SHALL HAVE  AUTHORITY  TO
 REQUIRE THE ATTENDANCE OF AND TO EXAMINE UNDER OATH ALL PERSONS WHOMSOE-
 VER WHOSE TESTIMONY MAY BE REQUIRED RELATIVE TO SUCH LOANS OR SUCH BUSI-
 NESS.
   3.  THE SUPERINTENDENT MAY ALSO ADDRESS TO A LICENSEE, OR THE OFFICERS
 THEREOF, ANY INQUIRY IN RELATION TO  ITS  TRANSACTIONS,  OPERATIONS,  OR
 CONDITIONS, OR ANY MATTER CONNECTED THEREWITH. EVERY PERSON SO ADDRESSED
 SHALL REPLY IN WRITING TO SUCH INQUIRY PROMPTLY AND TRUTHFULLY, AND SUCH
 REPLY  SHALL  BE,  IF REQUIRED BY THE SUPERINTENDENT, SUBSCRIBED BY SUCH
 INDIVIDUAL, OR BY SUCH OFFICER OR OFFICERS  OF  A  CORPORATION,  AS  THE
 SUPERINTENDENT  SHALL  DESIGNATE, AND AFFIRMED BY THEM AS TRUE UNDER THE
 PENALTIES OF PERJURY.
   4. EACH LICENSEE SHALL KEEP  AND  USE  IN  ITS  BUSINESS  SUCH  BOOKS,
 ACCOUNTS,  AND  RECORDS  AS  WILL ENABLE THE SUPERINTENDENT TO DETERMINE
 WHETHER SUCH LICENSEE IS COMPLYING WITH THE PROVISIONS OF  THIS  ARTICLE
 AND WITH THE RULES AND REGULATIONS PROMULGATED HEREUNDER. EVERY LICENSEE
 SHALL  PRESERVE  SUCH  BOOKS,  ACCOUNTS,  AND RECORDS, FOR AT LEAST FIVE
 YEARS AFTER MAKING THE FINAL ENTRY REGARDING A CONSUMER DEBT.  PRESERVA-
 TION  OF  PHOTOGRAPHIC  REPRODUCTION  THEREOF OR RECORDS IN PHOTOGRAPHIC
 FORM, INCLUDING AN OPTICAL DISK STORAGE SYSTEM AND THE USE OF ELECTRONIC
 DATA PROCESSING EQUIPMENT THAT  PROVIDES  COMPARABLE  RECORDS  TO  THOSE
 OTHERWISE  REQUIRED AND WHICH ARE AVAILABLE FOR EXAMINATION UPON REQUEST
 SHALL CONSTITUTE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
   5. EACH LICENSEE SHALL ANNUALLY, ON OR  BEFORE  APRIL  FIRST,  FILE  A
 REPORT  WITH  THE  SUPERINTENDENT  GIVING SUCH INFORMATION AS THE SUPER-
 INTENDENT MAY REQUIRE CONCERNING THE BUSINESS AND OPERATIONS DURING  THE
 PRECEDING  CALENDAR YEAR OF EACH LICENSED PLACE OF BUSINESS CONDUCTED BY
 SUCH LICENSEE WITHIN THE STATE UNDER AUTHORITY  OF  THIS  ARTICLE.  SUCH
 REPORT  SHALL  BE  SUBSCRIBED AND AFFIRMED AS TRUE BY THE LICENSEE UNDER
 THE PENALTIES OF PERJURY AND SHALL BE IN  THE  FORM  PRESCRIBED  BY  THE
 SUPERINTENDENT.
   6.  IN ADDITION TO ANNUAL REPORTS, THE SUPERINTENDENT MAY REQUIRE SUCH
 ADDITIONAL REGULAR OR SPECIAL REPORTS AS MAY BE DEEMED NECESSARY TO  THE
 PROPER  SUPERVISION  OF  LICENSEES  UNDER  THIS ARTICLE. SUCH ADDITIONAL
 REPORTS SHALL BE IN THE FORM PRESCRIBED BY THE SUPERINTENDENT AND  SHALL
 BE SUBSCRIBED AND AFFIRMED AS TRUE UNDER THE PENALTIES OF PERJURY.
   7. THE EXPENSES OF EVERY EXAMINATION OF THE AFFAIRS OF A CONSUMER DEBT
 COLLECTOR  SUBJECT TO THIS SECTION SHALL BE BORNE AND PAID BY THE LICEN-
 SEE.
   § 300. PROHIBITED ACTS. 1. NO CONSUMER DEBT COLLECTOR THAT IS REQUIRED
 TO BE LICENSED UNDER THIS ARTICLE SHALL ENGAGE IN  UNFAIR,  UNCONSCIONA-

 S. 7508                            136                           A. 9508
 
 BLE,  DECEPTIVE,  FALSE,  MISLEADING, ABUSIVE, OR UNLAWFUL ACTS OR PRAC-
 TICES.
   2.  WITHOUT LIMITING THE GENERAL APPLICATION OF THE PROHIBITED ACTS IN
 SUBDIVISION ONE OF THIS SECTION, IT SHALL BE UNLAWFUL FOR  ANY  CONSUMER
 DEBT COLLECTOR TO:
   (A)  ENGAGE  IN  ANY ACT OR PRACTICE WHICH WOULD BE A VIOLATION OF THE
 FEDERAL FAIR DEBT COLLECTION PRACTICE ACT, ANY OTHER  NEW  YORK  LAW  OR
 FEDERAL  LAW  WHICH IS APPLICABLE TO THE CONSUMER DEBT COLLECTOR, OR ANY
 ACT OR PRACTICE WHICH WOULD BE PROHIBITED UNDER SECTION SIX HUNDRED  ONE
 OF THE GENERAL BUSINESS LAW IF THE CONSUMER DEBT COLLECTOR WAS A PRINCI-
 PAL CREDITOR;
   (B) ENGAGE OR RETAIN THE SERVICES OF ANY PERSON WHO, BEING REQUIRED TO
 BE  LICENSED UNDER THIS ARTICLE, DOES NOT HAVE A VALID LICENSE ISSUED BY
 THE DEPARTMENT; OR
   (C) CAUSE ANY ACT TO BE DONE WHICH VIOLATES THIS SECTION.
   3. NO CONSUMER DEBT COLLECTOR LICENSED UNDER THIS ARTICLE SHALL:
   (A) WITHOUT THE PRIOR WRITTEN AND REVOCABLE CONSENT  OF  THE  CONSUMER
 DEBTOR GIVEN DIRECTLY TO THE DEBT COLLECTOR OR THE EXPRESS PERMISSION OF
 A  COURT  OF  COMPETENT JURISDICTION, ENGAGE IN ANY COMMUNICATION WITH A
 CONSUMER DEBTOR IN CONNECTION WITH THE COLLECTION OF ANY DEBTS:
   (I) AT ANY UNUSUAL TIME OR PLACE OR A TIME OR  PLACE  KNOWN  OR  WHICH
 SHOULD  BE  KNOWN  TO  BE  INCONVENIENT  TO  THE CONSUMER DEBTOR. IN THE
 ABSENCE OF KNOWLEDGE OF CIRCUMSTANCES TO THE CONTRARY, A DEBT  COLLECTOR
 SHALL  ASSUME THAT THE CONVENIENT TIME FOR COMMUNICATING WITH A CONSUMER
 DEBTOR IS AFTER EIGHT O'CLOCK  ANTEMERIDIAN  AND  BEFORE  EIGHT  O'CLOCK
 POSTMERIDIAN, LOCAL TIME AT THE CONSUMER DEBTOR'S LOCATION;
   (II) IF THE DEBT COLLECTOR KNOWS THE CONSUMER DEBTOR IS REPRESENTED BY
 AN ATTORNEY WITH RESPECT TO SUCH DEBT AND HAS KNOWLEDGE OF, OR CAN READ-
 ILY  ASCERTAIN,  SUCH  ATTORNEY'S  NAME AND ADDRESS, UNLESS THE ATTORNEY
 FAILS TO RESPOND WITHIN A REASONABLE PERIOD OF TIME TO  A  COMMUNICATION
 FROM THE DEBT COLLECTOR OR UNLESS THE ATTORNEY CONSENTS TO DIRECT COMMU-
 NICATION WITH THE CONSUMER DEBTOR;
   (III) AT THE CONSUMER DEBTOR'S PLACE OF EMPLOYMENT;
   (IV) MORE THAN TWO TIMES IN A SEVEN DAY PERIOD;
   (V) BY VOICEMAIL ON TO ANY TELEPHONE THAT IS KNOWN OR WHICH REASONABLY
 SHOULD  BE  KNOWN  MAY  BE  RECEIVED  BY SOMEONE OTHER THAN THE CONSUMER
 DEBTOR; OR
   (VI) BY MEANS OF ELECTRONIC COMMUNICATIONS, INCLUDING BUT NOT  LIMITED
 TO  SMS TEXT MESSAGE, MESSAGING APPLICATIONS ON MOBILE TELEPHONES, ELEC-
 TRONIC MAIL, FACEBOOK, AND OTHER FORMS OF SOCIAL MEDIA.
   (B) COMMUNICATE WITH A CONSUMER DEBTOR BY POSTCARD;
   (C) CONTINUE COMMUNICATION WITH A CONSUMER DEBTOR AFTER  THE  CONSUMER
 DEBT COLLECTOR'S FIRST COMMUNICATION IF THE DEBT COLLECTOR FAILS TO SEND
 THE  CONSUMER  DEBTOR A NOTICE IN WRITING WITHIN FIVE DAYS OF THAT FIRST
 COMMUNICATION, WHICH SUCH NOTICE SHALL BE PROMULGATED BY THE SUPERINTEN-
 DENT; OR
   (D) CONTINUE TO COMMUNICATE WITH A CONSUMER DEBTOR  ABOUT  A  CONSUMER
 DEBT  THAT  THE  CONSUMER DEBTOR DISPUTES WITHOUT PROVIDING THE CONSUMER
 DEBTOR WITH DOCUMENTS THAT VERIFY THE DISPUTED CONSUMER DEBT.
   § 301. REGULATIONS; MINIMUM STANDARDS.  THE SUPERINTENDENT MAY PROMUL-
 GATE RULES AND REGULATIONS GIVING EFFECT TO THE PROVISIONS OF THIS ARTI-
 CLE. SUCH RULES AND REGULATIONS MAY INCLUDE BUT SHALL NOT BE LIMITED  TO
 THE  ESTABLISHMENT  OF MINIMUM STANDARDS TO BE OBSERVED BY CONSUMER DEBT
 COLLECTORS ACTING WITHIN THIS STATE AND FURTHER DEFINING ACTS AND  PRAC-
 TICES  WHICH  ARE  UNFAIR, UNCONSCIONABLE, DECEPTIVE, FALSE, MISLEADING,
 ABUSIVE, OR UNLAWFUL UNDER SECTION THREE HUNDRED OF THIS ARTICLE.

 S. 7508                            137                           A. 9508
 
   § 302. APPLICATION FOR ACQUISITION  OF  CONTROL  OF  A  CONSUMER  DEBT
 COLLECTOR.   1. NO PERSON SHALL ACQUIRE CONTROL OF A LICENSEE UNDER THIS
 ARTICLE WITHOUT THE PRIOR APPROVAL OF THE SUPERINTENDENT.
   2.  ANY  PERSON  DESIROUS OF ACQUIRING SUCH CONTROL SHALL MAKE WRITTEN
 APPLICATION TO THE SUPERINTENDENT, SUCH APPLICATION  SHALL  BE  IN  SUCH
 FORM  AND  SHALL  CONTAIN  SUCH  INFORMATION,  INCLUDING THE INFORMATION
 REQUIRED UNDER SECTION TWO HUNDRED NINETY-SEVEN OF THIS ARTICLE, AS  THE
 SUPERINTENDENT  MAY  REQUIRE AND SUCH PERSON, AT THE TIME OF MAKING SUCH
 APPLICATION IF NOT LICENSED, SHALL PAY TO THE SUPERINTENDENT AN INVESTI-
 GATION FEE AS PRESCRIBED PURSUANT TO SECTION EIGHTEEN-A OF THIS CHAPTER.
   3. IN DETERMINING WHETHER TO APPROVE OR DENY AN APPLICATION UNDER THIS
 SECTION, THE SUPERINTENDENT SHALL CONSIDER:
   (A) WHETHER THE FINANCIAL RESPONSIBILITY, EXPERIENCE,  CHARACTER,  AND
 GENERAL  FITNESS  OF  THE  PERSON SEEKING TO ACQUIRE CONTROL, AND OF THE
 MEMBERS THEREOF IF SUCH PERSON BE A PARTNERSHIP OR ASSOCIATION,  AND  OF
 THE  OFFICERS,  DIRECTORS  AND  CONTROLLING STOCKHOLDERS THEREOF IF SUCH
 PERSON BE A CORPORATION, ARE SUCH AS TO COMMAND THE  CONFIDENCE  OF  THE
 COMMUNITY  AND  TO  WARRANT  BELIEF  THAT  THE BUSINESS WILL BE OPERATED
 HONESTLY, FAIRLY, AND EFFICIENTLY WITHIN THE PURPOSE OF THIS ARTICLE;
   (B) THE EFFECT THE ACQUISITION MAY HAVE ON COMPETITION; AND
   (C) WHETHER THE ACQUISITION MAY BE HAZARDOUS OR PREJUDICIAL TO CONSUM-
 ER DEBTORS OR CONSUMER CREDITORS IN THIS STATE.
   4. IF NO SUCH APPLICATION HAS BEEN MADE PRIOR TO  THE  ACQUISITION  OF
 CONTROL,  THE LICENSE FOR EACH PLACE OF BUSINESS MAINTAINED AND OPERATED
 BY THE LICENSEE SHALL, AT THE DISCRETION OF THE  SUPERINTENDENT,  BECOME
 NULL  AND  VOID AND EACH SUCH LICENSE SHALL BE SURRENDERED TO THE SUPER-
 INTENDENT.
   § 303. SUSPENSION AND REVOCATION.  IN  ADDITION  TO  ANY  OTHER  POWER
 PROVIDED BY LAW, THE SUPERINTENDENT MAY SUSPEND OR REVOKE THE LICENSE OF
 A  CONSUMER  DEBT  COLLECTOR,  IF  AFTER NOTICE AND AN OPPORTUNITY TO BE
 HEARD, THE SUPERINTENDENT FINDS THAT A CONSUMER DEBT COLLECTOR HAS:
   1. COMMITTED ANY FRAUD, ENGAGED IN ANY DISHONEST  ACTIVITIES  OR  MADE
 ANY MISREPRESENTATION;
   2.  VIOLATED  ANY  PROVISIONS OF THIS CHAPTER OR ANY REGULATION ISSUED
 PURSUANT THERETO, OR HAS VIOLATED ANY OTHER LAW IN THE COURSE OF ITS  OR
 HIS DEALINGS AS A CONSUMER DEBT COLLECTOR;
   3.  MADE A FALSE STATEMENT OR MATERIAL OMISSION IN THE APPLICATION FOR
 A LICENSE UNDER THIS ARTICLE OR FAILED TO GIVE A TRUE REPLY TO  A  QUES-
 TION IN SUCH APPLICATION; OR
   4. DEMONSTRATED INCOMPETENCY OR UNTRUSTWORTHINESS TO ACT AS A CONSUMER
 DEBT COLLECTOR.
   §  304. BAD ACTORS. 1. IN ADDITION TO ANY OTHER POWER PROVIDED BY LAW,
 THE SUPERINTENDENT MAY REQUIRE ANY  LICENSEE  TO  REMOVE  ANY  DIRECTOR,
 OFFICER  OR  EMPLOYEE OR TO REFRAIN FROM ENGAGING OR RETAINING ANY INDE-
 PENDENT CONTRACTOR  OR  SERVICE  PROVIDER  IF  SUCH  DIRECTOR,  OFFICER,
 EMPLOYEE,  INDEPENDENT CONTRACTOR OR SERVICE PROVIDER HAS THEMSELVES HAD
 A LICENSE UNDER THIS CHAPTER SUSPENDED OR REVOKED,  OR  HAS  CAUSED  THE
 LICENSEE TO VIOLATE ANY PROVISION OF THIS CHAPTER OR REGULATIONS PROMUL-
 GATED THEREUNDER.
   2. NO PERSON THAT IS THE SUBJECT OF AN ORDER UNDER THIS SECTION REMOV-
 ING  THEM  AS  A  DIRECTOR, OFFICER OR EMPLOYEE OR PREVENTING A LICENSEE
 FROM ENGAGING OR RETAINING THEM AS AN INDEPENDENT CONTRACTOR OR  SERVICE
 PROVIDER,  SHALL  BECOME ENGAGED WITH ANY LICENSEE WITHOUT OBTAINING THE
 PRIOR WRITTEN APPROVAL OF THE SUPERINTENDENT. NOR SHALL SUCH PERSON FAIL
 TO DISCLOSE THAT IT IS THE SUBJECT OF AN ORDER UNDER THIS SECTION TO ANY

 S. 7508                            138                           A. 9508
 
 LICENSEE FOR WHICH IT IS ACTING OR SEEKING TO ACT AS A  DIRECTOR,  OFFI-
 CER, EMPLOYEE, INDEPENDENT CONTRACTOR OR SERVICE PROVIDER.
   §  2.  Subdivision  10 of section 36 of the banking law, as amended by
 section 2 of part L of chapter 58 of the laws of  2019,  is  amended  to
 read as follows:
   10. All reports of examinations and investigations, correspondence and
 memoranda  concerning  or  arising  out of such examination and investi-
 gations, including any duly authenticated copy or copies thereof in  the
 possession  of  any  banking  organization,  bank holding company or any
 subsidiary thereof (as such terms "bank holding  company"  and  "subsid-
 iary"  are  defined in article three-A of this chapter), any corporation
 or any other entity affiliated with a banking  organization  within  the
 meaning  of  subdivision six of this section and any non-banking subsid-
 iary of a corporation or any other entity which is  an  affiliate  of  a
 banking  organization  within  the  meaning of subdivision six-a of this
 section, foreign banking corporation, licensed lender,  licensed  casher
 of   checks,  licensed  mortgage  banker,  registered  mortgage  broker,
 licensed mortgage  loan  originator,  licensed  sales  finance  company,
 registered  mortgage  loan  servicer,  licensed  student  loan servicer,
 licensed insurance  premium  finance  agency,  licensed  transmitter  of
 money,  licensed  budget  planner, LICENSED CONSUMER DEBT COLLECTOR, any
 other person or entity subject to supervision under this chapter, OR THE
 FINANCIAL SERVICES LAW OR THE INSURANCE LAW, or the department, shall be
 confidential communications, shall not be subject to subpoena and  shall
 not  be  made  public unless, in the judgment of the superintendent, the
 ends of justice and the public advantage will be subserved by the publi-
 cation thereof, in which event the superintendent may publish or author-
 ize the publication of a copy of any such report or any part thereof  in
 such  manner  as  may  be deemed proper or unless such laws specifically
 authorize  such  disclosure.  For  the  purposes  of  this  subdivision,
 "reports  of examinations and investigations, and any correspondence and
 memoranda concerning or arising out of such  examinations  and  investi-
 gations", includes any such materials of a bank, insurance or securities
 regulatory  agency or any unit of the federal government or that of this
 state any other state or  that  of  any  foreign  government  which  are
 considered  confidential  by  such  agency  or unit and which are in the
 possession of the department or which are otherwise confidential materi-
 als that have been shared by the department with any such agency or unit
 and are in the possession of such agency or unit.
   § 3. Paragraph (a) of subdivision 1 of section 44 of the banking  law,
 as  amended by section 4 of part L of chapter 58 of the laws of 2019, is
 amended to read as follows:
   (a) Without limiting any power granted to the superintendent under any
 other provision of this chapter, the superintendent may, in a proceeding
 after notice and a hearing, require any safe deposit  company,  licensed
 lender,  licensed  casher  of  checks,  licensed  sales finance company,
 licensed insurance  premium  finance  agency,  licensed  transmitter  of
 money,  licensed mortgage banker, licensed student loan servicer, regis-
 tered mortgage broker, licensed  mortgage  loan  originator,  registered
 mortgage  loan  servicer,  LICENSED  CONSUMER DEBT COLLECTOR or licensed
 budget planner to pay to the people of this  state  a  penalty  for  any
 violation  of  this  chapter, any regulation promulgated thereunder, any
 final or temporary order issued pursuant to section thirty-nine of  this
 article,  any  condition  imposed  in  writing  by the superintendent in
 connection with the grant of any application or request, or any  written
 agreement entered into with the superintendent.

 S. 7508                            139                           A. 9508
 
   §  4.  The opening paragraph of subdivision (a) of section 3218 of the
 civil practice law and rules, as amended by chapter 311 of the  laws  of
 1963, is amended to read as follows:
   Affidavit  of  defendant.  Except  as  provided  in section thirty-two
 hundred one OF THIS ARTICLE AND SUBDIVISION (E) OF THIS SECTION, a judg-
 ment by confession may be entered, without an action, either  for  money
 due  or  to  become due, or to secure the plaintiff against a contingent
 liability in behalf  of  the  defendant,  or  both,  upon  an  affidavit
 executed by the defendant;
   §  5.  Section  3218 of the civil practice law and rules is amended by
 adding a new subdivision (e) to read as follows:
   (E) PROHIBITION ON CERTAIN JUDGMENTS BY CONFESSION.   NO  JUDGMENT  OF
 CONFESSION  MAY  BE ENTERED ON: 1. ANY AMOUNT DUE FROM ONE OR MORE INDI-
 VIDUALS FOR PERSONAL, FAMILY, HOUSEHOLD, CONSUMER, INVESTMENT OR NON-BU-
 SINESS PURPOSES;
   2. ANY AMOUNT UNDER TWO HUNDRED FIFTY THOUSAND DOLLARS  DUE  FROM  ANY
 PERSON FOR ANY PURPOSE; OR
   3.  ANY AMOUNT DUE FROM ANY PERSON THAT EITHER: (I) IS CURRENTLY NOT A
 RESIDENT OF THE STATE, (II) WAS NOT A RESIDENT OF THE STATE AT THE  TIME
 THE  AFFIDAVIT  AUTHORIZING  THE ENTRY OF THE JUDGMENT OF CONFESSION WAS
 EXECUTED, OR (III) IF NOT A NATURAL PERSON, DOES NOT  HAVE  A  PLACE  OF
 BUSINESS  IN  THE STATE OR DID NOT HAVE A PLACE OF BUSINESS IN THE STATE
 AT THE TIME THE AFFIDAVIT AUTHORIZING  THE  ENTRY  OF  THE  JUDGMENT  OF
 CONFESSION WAS EXECUTED.
   §  6.  This  act shall take effect immediately, provided, however that
 sections one, two and three of this act shall take effect on October  1,
 2020.  Effective  immediately,  the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its  effective date are authorized to be made and completed on or before
 such effective date.
 
                                  PART MM
 
   Section 1. The financial services law is amended by adding a new arti-
 cle 7 to read as follows:
                                 ARTICLE 7
                      STUDENT DEBT RELIEF CONSULTANTS
 SECTION 701. DEFINITIONS.
         702. PROHIBITIONS.
         703. DISCLOSURE REQUIREMENTS.
         704. STUDENT DEBT CONSULTING CONTRACTS.
         705. PENALTIES AND OTHER PROVISIONS.
         706. RULES AND REGULATIONS.
   § 701. DEFINITIONS. (A) THE TERM "ADVERTISEMENT" SHALL INCLUDE, BUT IS
 NOT LIMITED TO, ALL FORMS OF MARKETING, AND SOLICITATION OF  INFORMATION
 RELATED  TO  SECURING OR OBTAINING A STUDENT DEBT CONSULTING CONTRACT OR
 SERVICES. FURTHER, IT SHALL INCLUDE  ANY  AND  ALL  COMMONLY  RECOGNIZED
 FORMS  OF  MEDIA MARKETING VIA TELEVISION, RADIO, PRINT MEDIA, ALL FORMS
 OF ELECTRONIC COMMUNICATION VIA THE INTERNET,  AND  ALL  PREPARED  SALES
 PRESENTATIONS  GIVEN  IN  PERSON  OR  OVER  THE  INTERNET TO THE GENERAL
 PUBLIC.
   (B) "BORROWER" MEANS ANY RESIDENT OF THIS STATE  WHO  HAS  RECEIVED  A
 STUDENT  LOAN  OR  AGREED IN WRITING TO PAY A STUDENT LOAN OR ANY PERSON
 WHO SHARES A LEGAL OBLIGATION WITH SUCH RESIDENT FOR REPAYING A  STUDENT
 LOAN.

 S. 7508                            140                           A. 9508
 
   (C)  "FSA ID" MEANS A USERNAME AND PASSWORD ALLOCATED TO AN INDIVIDUAL
 BY THE FEDERAL GOVERNMENT TO ENABLE THE INDIVIDUAL TO LOG IN TO  CERTAIN
 UNITED  STATES DEPARTMENT OF EDUCATION WEBSITES, AND MAY BE USED TO SIGN
 CERTAIN DOCUMENTS ELECTRONICALLY.
   (D) "STUDENT LOAN" MEANS ANY LOAN TO A BORROWER TO FINANCE POST-SECON-
 DARY EDUCATION OR EXPENSES RELATED TO POST-SECONDARY EDUCATION.
   (E)  "STUDENT  DEBT CONSULTING CONTRACT" OR "CONTRACT" MEANS AN AGREE-
 MENT BETWEEN A BORROWER AND A  CONSULTANT  UNDER  WHICH  THE  CONSULTANT
 AGREES TO PROVIDE STUDENT DEBT CONSULTING SERVICES.
   (F) "STUDENT DEBT CONSULTANT" OR "CONSULTANT" MEANS AN INDIVIDUAL OR A
 CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY COMPANY OR OTHER BUSINESS
 ENTITY THAT, DIRECTLY OR INDIRECTLY, SOLICITS OR UNDERTAKES STUDENT DEBT
 CONSULTING SERVICES. A CONSULTANT DOES NOT INCLUDE THE FOLLOWING:
   (I) A PERSON OR ENTITY WHO HOLDS OR  IS  OWED  AN  OBLIGATION  ON  THE
 STUDENT  LOAN WHILE THE PERSON OR ENTITY PERFORMS SERVICES IN CONNECTION
 WITH THE STUDENT LOAN;
   (II) A BANK, TRUST COMPANY,  PRIVATE  BANKER,  BANK  HOLDING  COMPANY,
 SAVINGS  BANK,  SAVINGS  AND  LOAN  ASSOCIATION, THRIFT HOLDING COMPANY,
 CREDIT UNION OR INSURANCE COMPANY  ORGANIZED  UNDER  THE  LAWS  OF  THIS
 STATE,  ANOTHER STATE OR THE UNITED STATES, OR A SUBSIDIARY OR AFFILIATE
 OF SUCH ENTITY OR A FOREIGN BANKING CORPORATION LICENSED BY  THE  SUPER-
 INTENDENT OF FINANCIAL SERVICES OR THE COMPTROLLER OF THE CURRENCY;
   (III)  A  BONA FIDE NOT-FOR-PROFIT ORGANIZATION THAT OFFERS COUNSELING
 OR ADVICE TO BORROWERS;
   (IV) AN ATTORNEY ADMITTED TO PRACTICE IN THE STATE OF  NEW  YORK  WHEN
 THE ATTORNEY IS PROVIDING STUDENT DEBT CONSULTING SERVICES TO A BORROWER
 FREE OF CHARGE;
   (V)  AN INSTITUTION OF HIGHER EDUCATION WHEREIN THE BORROWER IS OR WAS
 ENROLLED; OR
   (VI) SUCH OTHER PERSONS AS THE SUPERINTENDENT PRESCRIBES OR INTERPRETS
 BY RULE.
   (G) "STUDENT DEBT CONSULTING SERVICES" MEANS SERVICES THAT  A  STUDENT
 DEBT  CONSULTANT  PROVIDES  TO A BORROWER THAT THE CONSULTANT REPRESENTS
 WILL HELP TO ACHIEVE ANY OF THE FOLLOWING:
   (I) STOP, ENJOIN, DELAY, VOID, SET ASIDE, ANNUL, STAY  OR  POSTPONE  A
 DEFAULT, BANKRUPTCY, TAX OFFSET, OR GARNISHMENT PROCEEDING;
   (II) OBTAIN A FORBEARANCE, DEFERMENT, OR OTHER RELIEF THAT TEMPORARILY
 HALTS REPAYMENT OF A STUDENT LOAN;
   (III)  ASSIST  THE BORROWER WITH PREPARING OR FILING DOCUMENTS RELATED
 TO STUDENT LOAN REPAYMENT;
   (IV) ADVISE THE BORROWER WHICH STUDENT LOAN REPAYMENT PLAN OR FORGIVE-
 NESS PROGRAM TO CONSIDER;
   (V) ENROLL THE BORROWER IN ANY STUDENT  LOAN  REPAYMENT,  FORGIVENESS,
 DISCHARGE, OR CONSOLIDATION PROGRAM;
   (VI)  ASSIST  THE  BORROWER IN RE-ESTABLISHING ELIGIBILITY FOR FEDERAL
 STUDENT FINANCIAL ASSISTANCE;
   (VII) ASSIST THE BORROWER IN REMOVING A STUDENT LOAN FROM DEFAULT; OR
   (VIII) EDUCATE THE BORROWER ABOUT STUDENT LOAN REPAYMENT.
   § 702. PROHIBITIONS. A STUDENT  DEBT  CONSULTANT  IS  PROHIBITED  FROM
 DOING THE FOLLOWING:
   (A)  PERFORMING  STUDENT  DEBT  CONSULTING SERVICES WITHOUT A WRITTEN,
 FULLY EXECUTED CONTRACT WITH A BORROWER;
   (B) CHARGING FOR OR ACCEPTING ANY PAYMENT FOR STUDENT DEBT  CONSULTING
 SERVICES  BEFORE  THE  FULL COMPLETION OF ALL SUCH SERVICES, INCLUDING A
 PAYMENT TO BE  PLACED  IN  ESCROW  OR  ANY  OTHER  ACCOUNT  PENDING  THE
 COMPLETION OF SUCH SERVICES;

 S. 7508                            141                           A. 9508
 
   (C) TAKING A POWER OF ATTORNEY FROM A BORROWER;
   (D)  RETAINING  ANY  ORIGINAL LOAN DOCUMENT OR OTHER ORIGINAL DOCUMENT
 RELATED TO A BORROWER'S STUDENT LOAN;
   (E) REQUESTING THAT A BORROWER PROVIDE  HIS  OR  HER  FSA  ID  TO  THE
 CONSULTANT, OR ACCEPTING A BORROWER'S FSA ID;
   (F)  STATING  OR  IMPLYING  THAT A BORROWER WILL NOT BE ABLE TO OBTAIN
 RELIEF ON THEIR OWN;
   (G) MISREPRESENTING, EXPRESSLY OR BY IMPLICATION, THAT:
   (I) THE CONSULTANT IS A PART OF, AFFILIATED WITH, OR ENDORSED OR SPON-
 SORED BY THE GOVERNMENT, GOVERNMENT LOAN  PROGRAMS,  THE  UNITED  STATES
 DEPARTMENT OF EDUCATION, OR BORROWERS' STUDENT LOAN SERVICERS; OR
   (II)  SOME  OR  ALL OF A BORROWER'S PAYMENTS TO THE CONSULTANT WILL BE
 APPLIED TOWARDS THE BORROWER'S STUDENT LOANS;
   (H) INDUCING OR ATTEMPTING TO INDUCE  A  STUDENT  DEBTOR  TO  ENTER  A
 CONTRACT THAT DOES NOT FULLY COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
 OR
   (I) ENGAGING IN ANY UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE.
   §  703.  DISCLOSURE  REQUIREMENTS. (A) A STUDENT DEBT CONSULTANT SHALL
 CLEARLY AND CONSPICUOUSLY DISCLOSE IN ALL ADVERTISEMENTS:
   (I) THE ACTUAL SERVICES THE CONSULTANT PROVIDES TO BORROWERS;
   (II) THAT BORROWERS CAN APPLY FOR AND OBTAIN CONSOLIDATION LOANS  FROM
 THE  UNITED STATES DEPARTMENT OF EDUCATION AT NO COST, INCLUDING PROVID-
 ING A DIRECT LINK IN ALL WRITTEN ADVERTISING TO THE APPLICATION  MATERI-
 ALS  FOR  A DIRECT CONSOLIDATION LOAN FROM THE U.S. DEPARTMENT OF EDUCA-
 TION;
   (III) THAT CONSOLIDATION OR OTHER SERVICES OFFERED BY  THE  CONSULTANT
 MAY NOT BE THE BEST OR ONLY OPTION FOR BORROWERS;
   (IV)  THAT  A  BORROWER  MAY  OBTAIN  ALTERNATIVE FEDERAL STUDENT LOAN
 REPAYMENT PLANS, INCLUDING INCOME-BASED PROGRAMS, WITHOUT  CONSOLIDATING
 EXISTING FEDERAL STUDENT LOANS; AND
   (V)  THAT  BORROWERS  SHOULD  CONSIDER  CONSULTING  THEIR STUDENT LOAN
 SERVICER BEFORE SIGNING ANY LEGAL DOCUMENT CONCERNING A STUDENT LOAN.
   (B) THE DISCLOSURES REQUIRED BY SUBSECTION (A)  OF  THIS  SECTION,  IF
 DISSEMINATED  THROUGH  PRINT MEDIA OR THE INTERNET, SHALL BE CLEARLY AND
 LEGIBLY PRINTED OR DISPLAYED IN NOT LESS THAN  TWELVE-POINT  BOLD  TYPE,
 OR,  IF  THE  ADVERTISEMENT  IS PRINTED TO BE DISPLAYED IN PRINT THAT IS
 SMALLER THAN TWELVE-POINT, IN BOLD TYPE PRINT THAT IS  NO  SMALLER  THAN
 THE  PRINT  IN  WHICH  THE  TEXT  OF  THE  ADVERTISEMENT  IS  PRINTED OR
 DISPLAYED.
   (C) THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONSULTANTS  WHO
 DISSEMINATE  ADVERTISEMENTS  IN  THE  STATE OF NEW YORK OR WHO INTEND TO
 DIRECTLY OR INDIRECTLY CONTACT A BORROWER WHO HAS A STUDENT LOAN AND  IS
 A  RESIDENT  OF  NEW  YORK STATE. CONSULTANTS SHALL ESTABLISH AND AT ALL
 TIMES MAINTAIN CONTROL OVER THE CONTENT,  FORM  AND  METHOD  OF  DISSEM-
 INATION OF ALL ADVERTISEMENTS OF THEIR SERVICES. FURTHER, ALL ADVERTISE-
 MENTS  SHALL BE SUFFICIENTLY COMPLETE AND CLEAR TO AVOID THE POSSIBILITY
 OF DECEPTION OR THE ABILITY TO MISLEAD OR DECEIVE.
   § 704. STUDENT DEBT CONSULTING CONTRACTS. (A) A STUDENT DEBT  CONSULT-
 ING CONTRACT SHALL:
   (1) CONTAIN THE ENTIRE AGREEMENT OF THE PARTIES;
   (2) BE PROVIDED IN WRITING TO THE BORROWER FOR REVIEW BEFORE SIGNING;
   (3)  BE  PRINTED IN AT LEAST TWELVE-POINT TYPE AND WRITTEN IN THE SAME
 LANGUAGE THAT IS USED BY  THE  BORROWER  AND  WAS  USED  IN  DISCUSSIONS
 BETWEEN  THE  CONSULTANT  AND  THE  BORROWER  TO DESCRIBE THE BORROWER'S
 SERVICES OR TO NEGOTIATE THE CONTRACT;

 S. 7508                            142                           A. 9508
 
   (4) FULLY DISCLOSE THE EXACT NATURE OF THE SERVICES TO BE PROVIDED  BY
 THE CONSULTANT OR ANYONE WORKING IN ASSOCIATION WITH THE CONSULTANT;
   (5) FULLY DISCLOSE THE TOTAL AMOUNT AND TERMS OF COMPENSATION FOR SUCH
 SERVICES;
   (6)  CONTAIN  THE  NAME,  BUSINESS ADDRESS AND TELEPHONE NUMBER OF THE
 CONSULTANT AND THE STREET ADDRESS (IF DIFFERENT) AND FACSIMILE NUMBER OR
 EMAIL ADDRESS OF THE CONSULTANT WHERE COMMUNICATIONS FROM THE DEBTOR MAY
 BE DELIVERED;
   (7) BE DATED AND PERSONALLY SIGNED BY THE BORROWER AND THE  CONSULTANT
 AND BE WITNESSED AND ACKNOWLEDGED BY A NEW YORK NOTARY PUBLIC; AND
   (8)  CONTAIN  THE FOLLOWING NOTICE, WHICH SHALL BE PRINTED IN AT LEAST
 FOURTEEN-POINT BOLDFACE TYPE, COMPLETED WITH THE NAME OF  THE  PROVIDER,
 AND  LOCATED  IN  IMMEDIATE  PROXIMITY  TO  THE  SPACE  RESERVED FOR THE
 DEBTOR'S SIGNATURE:
   "NOTICE REQUIRED BY NEW YORK LAW
   YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY  OR  OBLIGATION,  AT
 ANY   TIME  BEFORE  MIDNIGHT  OF  ________  (FIFTH  BUSINESS  DAY  AFTER
 EXECUTION).
   ___________ (NAME OF CONSULTANT) (THE "CONSULTANT") OR ANYONE  WORKING
 FOR  THE CONSULTANT MAY NOT TAKE ANY MONEY FROM YOU OR ASK YOU FOR MONEY
 UNTIL THE CONSULTANT  HAS  COMPLETELY  FINISHED  DOING  EVERYTHING  THIS
 CONTRACT SAYS THE CONSULTANT WILL DO.
   YOU SHOULD CONSIDER CONTACTING YOUR STUDENT LOAN SERVICER BEFORE SIGN-
 ING  ANY  LEGAL  DOCUMENT CONCERNING YOUR STUDENT LOAN. IN ADDITION, YOU
 MAY WANT TO VISIT THE NEW YORK STATE DEPARTMENT OF  FINANCIAL  SERVICES'
 STUDENT LENDING RESOURCE CENTER AT WWW.DFS.NY.GOV/STUDENTPROTECTION. THE
 LAW REQUIRES THAT THIS CONTRACT CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU
 AND  THE  PROVIDER.   YOU SHOULD NOT RELY UPON ANY OTHER WRITTEN OR ORAL
 AGREEMENT OR PROMISE."
   THE PROVIDER SHALL ACCURATELY ENTER THE DATE ON  WHICH  THE  RIGHT  TO
 CANCEL ENDS.
   (B)  (1)  THE BORROWER HAS THE RIGHT TO CANCEL, WITHOUT ANY PENALTY OR
 OBLIGATION, ANY CONTRACT WITH A CONSULTANT UNTIL MIDNIGHT OF  THE  FIFTH
 BUSINESS  DAY FOLLOWING THE DAY ON WHICH THE CONSULTANT AND THE BORROWER
 SIGN A CONSULTING CONTRACT. CANCELLATION OCCURS WHEN THE BORROWER, OR  A
 REPRESENTATIVE  OF  THE  BORROWER,  EITHER  DELIVERS  WRITTEN  NOTICE OF
 CANCELLATION IN PERSON  TO  THE  ADDRESS  SPECIFIED  IN  THE  CONSULTING
 CONTRACT OR SENDS A WRITTEN COMMUNICATION BY FACSIMILE, BY UNITED STATES
 MAIL  OR  BY  AN ESTABLISHED COMMERCIAL LETTER DELIVERY SERVICE. A DATED
 PROOF OF FACSIMILE DELIVERY OR PROOF OF MAILING  CREATES  A  PRESUMPTION
 THAT  THE  NOTICE  OF  CANCELLATION  HAS  BEEN DELIVERED ON THE DATE THE
 FACSIMILE IS SENT OR THE NOTICE IS DEPOSITED IN THE  MAIL  OR  WITH  THE
 DELIVERY  SERVICE.    CANCELLATION  OF  THE  CONTRACT  SHALL RELEASE THE
 BORROWER FROM ALL OBLIGATIONS TO PAY FEES OR ANY OTHER  COMPENSATION  TO
 THE CONSULTANT
   (2)  THE  CONTRACT  SHALL  BE  ACCOMPANIED  BY  TWO  COPIES OF A FORM,
 CAPTIONED "NOTICE OF CANCELLATION" IN AT LEAST TWELVE-POINT  BOLD  TYPE.
 THIS FORM SHALL BE ATTACHED TO THE CONTRACT, SHALL BE EASILY DETACHABLE,
 AND  SHALL  CONTAIN THE FOLLOWING STATEMENT WRITTEN IN THE SAME LANGUAGE
 AS USED IN THE CONTRACT, AND THE CONTRACTOR SHALL INSERT ACCURATE INFOR-
 MATION AS TO THE DATE ON WHICH THE RIGHT TO CANCEL ENDS AND THE CONTRAC-
 TOR'S CONTACT INFORMATION:
   "NOTICE OF CANCELLATION
   NOTE: YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION,
 AT ANY TIME BEFORE MIDNIGHT OF ________ (ENTER DATE)

 S. 7508                            143                           A. 9508

   TO CANCEL THIS CONTRACT, SIGN AND DATE BOTH COPIES OF  THIS  CANCELLA-
 TION  NOTICE  AND  PERSONALLY  DELIVER ONE COPY OR SEND IT BY FACSIMILE,
 UNITED  STATES  MAIL,  OR  AN  ESTABLISHED  COMMERCIAL  LETTER  DELIVERY
 SERVICE, INDICATING CANCELLATION TO THE CONSULTANT AT ONE OF THE FOLLOW-
 ING:
   NAME OF CONSULTANT _________________________
   STREET ADDRESS _____________________________
   CITY, STATE, ZIP ___________________________
   FACSIMILE: _________________________________
   I HEREBY CANCEL THIS TRANSACTION.
   NAME OF BORROWER: __________________________
   SIGNATURE OF BORROWER: _____________________
   DATE: ______________________________________"
   (3)  WITHIN  TEN  DAYS  FOLLOWING  RECEIPT OF A NOTICE OF CANCELLATION
 GIVEN IN ACCORDANCE WITH THIS SUBDIVISION, THE CONSULTANT  SHALL  RETURN
 ANY  ORIGINAL  CONTRACT AND ANY OTHER DOCUMENTS SIGNED BY OR PROVIDED BY
 THE BORROWER.   CANCELLATION SHALL RELEASE THE  BORROWER  OF  ALL  OBLI-
 GATIONS TO PAY ANY FEES OR COMPENSATION TO THE CONSULTANT.
   §  705.  PENALTIES  AND  OTHER  PROVISIONS.  (A) IF THE SUPERINTENDENT
 FINDS, AFTER NOTICE AND HEARING, THAT  A  CONSULTANT  HAS  VIOLATED  ANY
 PROVISION  OF  THIS  ARTICLE,  THE SUPERINTENDENT MAY: (1) MAKE NULL AND
 VOID ANY AGREEMENT BETWEEN THE BORROWER  AND  THE  CONSULTANT;  AND  (2)
 IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TEN THOUSAND DOLLARS FOR EACH
 VIOLATION.
   (B) IF THE CONSULTANT VIOLATES ANY PROVISION OF THIS ARTICLE  AND  THE
 BORROWER  SUFFERS  DAMAGE  BECAUSE  OF  THE  VIOLATION, THE BORROWER MAY
 RECOVER ACTUAL AND CONSEQUENTIAL DAMAGES AND COSTS FROM  THE  CONSULTANT
 IN  AN  ACTION BASED ON THIS ARTICLE. IF THE CONSULTANT INTENTIONALLY OR
 RECKLESSLY VIOLATES ANY PROVISION OF THIS ARTICLE, THE COURT  MAY  AWARD
 THE BORROWER TREBLE DAMAGES, ATTORNEYS' FEES AND COSTS.
   (C)  ANY PROVISION OF A STUDENT DEBT CONSULTING CONTRACT THAT ATTEMPTS
 OR PURPORTS TO LIMIT THE LIABILITY OF THE CONSULTANT UNDER THIS  ARTICLE
 SHALL  BE NULL AND VOID. INCLUSION OF SUCH PROVISION SHALL AT THE OPTION
 OF THE BORROWER RENDER THE CONTRACT VOID. ANY PROVISION  IN  A  CONTRACT
 WHICH ATTEMPTS OR PURPORTS TO REQUIRE ARBITRATION OF ANY DISPUTE ARISING
 UNDER  THIS  ARTICLE  SHALL  BE  VOID AT THE OPTION OF THE BORROWER. ANY
 WAIVER OF THE PROVISIONS OF THIS ARTICLE SHALL BE VOID AND UNENFORCEABLE
 AS CONTRARY TO PUBLIC POLICY.
   (D) THE PROVISIONS OF THIS ARTICLE ARE NOT EXCLUSIVE AND ARE IN  ADDI-
 TION TO ANY OTHER REQUIREMENTS, RIGHTS, REMEDIES, AND PENALTIES PROVIDED
 BY LAW.
   § 706. RULES AND REGULATIONS. IN ADDITION TO SUCH POWERS AS MAY OTHER-
 WISE BE PRESCRIBED BY THIS CHAPTER, THE SUPERINTENDENT IS HEREBY AUTHOR-
 IZED  AND  EMPOWERED  TO PROMULGATE SUCH RULES AND REGULATIONS AS MAY IN
 THE JUDGMENT OF THE SUPERINTENDENT BE CONSISTENT WITH  THE  PURPOSES  OF
 THIS  ARTICLE,  OR  APPROPRIATE FOR THE EFFECTIVE ADMINISTRATION OF THIS
 ARTICLE.
   § 2. Section 712 of the banking law is amended by adding a new  subdi-
 vision 3 to read as follows:
   3.  THE DEPARTMENT MAY ALSO REQUIRE THE SUBMISSION OF THE FINGERPRINTS
 OF THE APPLICANT, WHICH MAY BE SUBMITTED TO  THE  DIVISION  OF  CRIMINAL
 JUSTICE  SERVICES  AND THE FEDERAL BUREAU OF INVESTIGATION FOR STATE AND
 NATIONAL CRIMINAL HISTORY RECORD CHECKS.
   § 3. This act shall take effect immediately, provided,  however,  that
 section one of this act shall take effect October 1, 2020.

 S. 7508                            144                           A. 9508
 
                                  PART NN

   Section  1. Paragraph 2 of subsection (a) of section 104 of the finan-
 cial services law is amended to read as follows:
   (2) "Financial product or service" shall mean: (A) any financial prod-
 uct or financial service offered or provided by any person regulated  or
 required  to  be regulated by the superintendent pursuant to the banking
 law or the insurance law or  any  OTHER  financial  product  or  service
 offered or sold to consumers [except financial products or services: (i)
 regulated  under  the  exclusive  jurisdiction  of  a  federal agency or
 authority, (ii) regulated  for  the  purpose  of  consumer  or  investor
 protection  by  any other state agency, state department or state public
 authority, or (iii) where rules or regulations promulgated by the super-
 intendent on such financial product or service  would  be  preempted  by
 federal law] OR SMALL BUSINESSES; [and]
   (B) THE SALE OR PROVISION TO A CONSUMER OR SMALL BUSINESS OF ANY SECU-
 RITY, INVESTMENT ADVICE, OR MONEY MANAGEMENT DEVICE;
   (C)  ANY  WARRANTY SOLD OR PROVIDED TO A CONSUMER OR SMALL BUSINESS OR
 ANY GUARANTEE OR SURETYSHIP PROVIDED TO A CONSUMER;
   (D) ANY MERCHANT CASH ADVANCE PROVIDED TO A CONSUMER  OR  SMALL  BUSI-
 NESS; OR
   (E)  ANY CONTRACT INVOLVING ANY PROVISION OF SUBPARAGRAPHS (A) THROUGH
 (D) OF THIS PARAGRAPH.
   "Financial product or service" shall [also] not include  [the  follow-
 ing,  when  offered  or  provided  by  a  provider  of consumer goods or
 services:  (i) the extension of credit directly to a consumer exclusive-
 ly for the purpose of enabling that consumer to purchase  such  consumer
 good  or  service  directly from the seller, (ii) the collection of debt
 arising from such credit, or (iii) the sale or conveyance of  such  debt
 that  is  delinquent  or  otherwise  in  default]  FINANCIAL PRODUCTS OR
 SERVICES WHERE THE RULES OR REGULATIONS PROMULGATED BY  THE  SUPERINTEN-
 DENT ON SUCH FINANCIAL PRODUCTS OR SERVICES WOULD BE PREEMPTED BY FEDER-
 AL LAW.
   §  2.  Subsection  (a) of section 104 of the financial services law is
 amended by adding a new paragraph 6 to read as follows:
   (6) "SMALL BUSINESS" SHALL MEAN  A  BUSINESS  WHICH  IS  INDEPENDENTLY
 OWNED  AND  OPERATED,  HAS LESS THAN TEN MILLION DOLLARS IN ANNUAL GROSS
 RECEIPTS OR SALES, AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
   § 3. Subsection (a) of section 206 of the financial  services  law  is
 amended and a new subsection (g) is added to read as follows:
   (a) For each fiscal year commencing on or after April first, two thou-
 sand  twelve,  assessments  to  defray operating expenses, including all
 direct and indirect costs, of the department, except  expenses  incurred
 in  the  liquidation  of banking organizations, shall be assessed by the
 superintendent in accordance with  this  subsection.  Persons  regulated
 under  the insurance law shall be assessed by the superintendent for the
 operating expenses of the department that  are  solely  attributable  to
 regulating  persons  under  the  insurance  law, which shall include any
 expenses that were permissible to be assessed in fiscal year  two  thou-
 sand nine-two thousand ten, with the assessments allocated pro rata upon
 all  domestic  insurers and all licensed United States branches of alien
 insurers domiciled in this state within the meaning of paragraph four of
 subsection (b) of section seven  thousand  four  hundred  eight  of  the
 insurance  law,  in  proportion  to  the gross direct premiums and other
 considerations, written or received by them in  this  state  during  the
 calendar year ending December thirty-first immediately preceding the end

 S. 7508                            145                           A. 9508
 
 of  the fiscal year for which the assessment is made (less return premi-
 ums and considerations thereon) for policies or contracts  of  insurance
 covering  property  or risks resident or located in this state the issu-
 ance  of  which policies or contracts requires a license from the super-
 intendent. Persons regulated under the banking law shall be assessed  by
 the superintendent for the operating expenses of the department that are
 solely  attributable to regulating persons under the banking law in such
 proportions as  the  superintendent  shall  deem  just  and  reasonable.
 PERSONS  REGULATED  UNDER  THIS  CHAPTER SHALL BE ASSESSED BY THE SUPER-
 INTENDENT FOR THE OPERATING EXPENSES OF THE DEPARTMENT THAT  ARE  SOLELY
 ATTRIBUTABLE TO REGULATED PERSONS UNDER THIS CHAPTER IN SUCH PROPORTIONS
 AS THE SUPERINTENDENT SHALL DEEM JUST AND REASONABLE. Operating expenses
 of  the  department not covered by the assessments set forth above shall
 be assessed by the superintendent in such proportions as the superinten-
 dent shall deem just and reasonable upon all domestic insurers  and  all
 licensed  United  States  branches  of  alien insurers domiciled in this
 state within the meaning of paragraph four of subsection (b) of  section
 seven  thousand  four  hundred  eight of the insurance law, and upon any
 regulated person under THIS CHAPTER AND  the  banking  law,  other  than
 mortgage  loan originators, except as otherwise provided by sections one
 hundred fifty-one and two hundred twenty-eight of the  workers'  compen-
 sation  law  and by section sixty of the volunteer firefighters' benefit
 law. The provisions of this subsection shall not be applicable to a bank
 holding company, as that term is defined in article three-A of the bank-
 ing law. Persons regulated under the banking law will  not  be  assessed
 for  expenses  that  the  superintendent deems to benefit solely persons
 regulated under the insurance  law,  and  persons  regulated  under  the
 insurance  law will not be assessed for expenses that the superintendent
 deems to benefit solely persons regulated under the banking law.
   (G) THE EXPENSES OF EVERY EXAMINATION OF THE AFFAIRS OF ANY  REGULATED
 PERSON  SUBJECT  TO  THIS CHAPTER, SHALL BE BORNE AND PAID BY SUCH REGU-
 LATED PERSON SO EXAMINED, BUT THE SUPERINTENDENT, WITH THE  APPROVAL  OF
 THE  COMPTROLLER, MAY, IN THE SUPERINTENDENT'S DISCRETION FOR GOOD CAUSE
 SHOWN, REMIT SUCH CHARGES.
   § 4. The financial services law is amended by adding a new section 312
 to read as follows:
   § 312. RESTITUTION.  IN  ANY  ADMINISTRATIVE  PROCEEDING  OR  JUDICIAL
 ACTION  BROUGHT  UNDER  THIS  CHAPTER, THE BANKING LAW, OR THE INSURANCE
 LAW, THE SUPERINTENDENT MAY, IN ADDITION TO ANY OTHER PENALTY  OR  SANC-
 TION  IMPOSED  BY  LAW,  ORDER  THE INDIVIDUAL OR ENTITY SUBJECT TO SUCH
 PROCEEDING OR ACTION TO MAKE RESTITUTION TO ALL CONSUMERS HARMED BY SUCH
 INDIVIDUAL OR ENTITY'S CONDUCT.
   § 5. The financial services law is amended by adding a new section 313
 to read as follows:
   § 313. UNLICENSED ACTORS. ANY PERSON OR ENTITY  THAT  IS  REQUIRED  BY
 THIS  CHAPTER,  THE  BANKING  LAW,  OR THE INSURANCE LAW TO BE LICENSED,
 CERTIFIED, REGISTERED, AUTHORIZED, CHARTERED,  ACCREDITED,  OR  INCORPO-
 RATED  AND  THAT  IS  NOT SPECIFICALLY EXEMPTED FROM SUCH APPLICABLE LAW
 SHALL BE SUBJECT TO THE LAWS OF THIS CHAPTER, THE BANKING LAW,  AND  THE
 INSURANCE  LAW, AND THE PENALTIES CONTAINED THEREIN AS IF SUCH PERSON OR
 ENTITY WAS SO LICENSED, CERTIFIED,  REGISTERED,  AUTHORIZED,  CHARTERED,
 ACCREDITED,  OR  INCORPORATED,  EVEN  IF  SUCH PERSON OR ENTITY DOES NOT
 POSSESS THE  REQUIRED  LICENSE,  CERTIFICATION,  REGISTRATION,  AUTHORI-
 ZATION, CHARTER, ACCREDITATION, OR INCORPORATION.
   §  6.  Subsection  (a) of section 408 of the financial services law is
 amended to read as follows:

 S. 7508                            146                           A. 9508
 
   (a) In addition to any civil or criminal liability  provided  by  law,
 the superintendent may, after notice and hearing, levy a civil penalty:
   (1)  not to exceed THE GREATER OF five thousand dollars [per] FOR EACH
 offense[,]; A MULTIPLE OF TWO TIMES THE AGGREGATE  DAMAGES  ATTRIBUTABLE
 TO  THE  OFFENSE; OR A MULTIPLE OF TWO TIMES THE AGGREGATE ECONOMIC GAIN
 ATTRIBUTABLE TO THE OFFENSE for:
   (A) any [intentional] fraud, [or intentional] misrepresentation [of  a
 material  fact],  OR  UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE with
 respect to a financial product or service or involving any person offer-
 ing to provide or providing financial products or services OR  INVOLVING
 ANY  SERVICE  PROVIDER  UTILIZED  BY  ANY  PERSON OFFERING TO PROVIDE OR
 PROVIDING FINANCIAL PRODUCTS OR SERVICES; or
   (B) any violation of state or federal fair debt  collection  practices
 or federal or state fair lending laws; [and] OR
   [(2)  not  to exceed one thousand dollars for] (C) any other violation
 of this chapter or the  regulations  issued  thereunder,  provided  that
 there  shall  be  no  civil penalty under this section for violations of
 article five of this chapter or the regulations issued thereunder; and
   [(3)] (2) provided, however, that:
   (A) penalties for regulated persons under the banking law shall be  as
 provided  for  in  the  banking  law and penalties for regulated persons
 under the insurance law shall be as provided for in the  insurance  law;
 and
   (B)  the  superintendent shall not impose or collect any penalty under
 this section in addition to any penalty or fine  for  the  same  act  or
 omission that is imposed under the insurance law or banking law; and
   (C) nothing in this section shall affect the construction or interpre-
 tation  of  the term "fraud" as it is used in any other provision of the
 consolidated or unconsolidated law.
   § 7. Paragraph 1 of subsection (c) of section  109  of  the  insurance
 law,  as  amended  by  section 55 of part A of chapter 62 of the laws of
 2011, is amended to read as follows:
   (1) If the superintendent finds after  notice  and  hearing  that  any
 authorized  insurer,  representative  of the insurer, licensed insurance
 agent, licensed insurance broker, licensed adjuster, or any other person
 or entity licensed, certified, registered,  or  authorized  pursuant  to
 this  chapter,  has  wilfully violated the provisions of this chapter or
 any regulation promulgated thereunder, then the superintendent may order
 the person or entity to pay to the people of this state a penalty  in  a
 sum not exceeding [one] TEN thousand dollars for each offense.
   § 8. This act shall take effect immediately.
 
                                  PART OO
 
   Section  1.  The banking law is amended by adding a new section 4-d to
 read as follows:
   § 4-D. PROTECTING VULNERABLE ADULTS FROM  FINANCIAL  EXPLOITATION.  1.
 DEFINITIONS. AS USED IN THIS SECTION:
   (A) "BANKING INSTITUTION" MEANS ANY BANK, TRUST COMPANY, SAVINGS BANK,
 SAVINGS AND LOAN ASSOCIATION, CREDIT UNION, OR BRANCH OF A FOREIGN BANK-
 ING  CORPORATION,  WHICH  IS  CHARTERED, ORGANIZED OR LICENSED UNDER THE
 LAWS OF THIS STATE OR ANY OTHER STATE OR THE UNITED STATES, AND, IN  THE
 ORDINARY COURSE OF BUSINESS TAKES DEPOSIT ACCOUNTS IN THIS STATE.
   (B)  "VULNERABLE  ADULT"  MEANS  AN  INDIVIDUAL WHO, BECAUSE OF MENTAL
 AND/OR PHYSICAL IMPAIRMENT IS POTENTIALLY UNABLE TO MANAGE  HIS  OR  HER
 OWN RESOURCES OR PROTECT HIMSELF OR HERSELF FROM FINANCIAL EXPLOITATION.

 S. 7508                            147                           A. 9508
 
   (C) "FINANCIAL EXPLOITATION" MEANS: (I) THE IMPROPER TAKING, WITHHOLD-
 ING,  APPROPRIATION,  OR  USE  OF A VULNERABLE ADULT'S MONEY, ASSETS, OR
 PROPERTY; OR (II) ANY ACT OR OMISSION BY A PERSON, INCLUDING THROUGH THE
 USE OF A POWER OF ATTORNEY, GUARDIANSHIP, OR ANY OTHER AUTHORITY REGARD-
 ING A VULNERABLE ADULT TO: (A) OBTAIN CONTROL, THROUGH DECEPTION, INTIM-
 IDATION  OR  UNDUE INFLUENCE, OVER THE VULNERABLE ADULT'S MONEY, ASSETS,
 OR PROPERTY OR (B) CONVERT THE  VULNERABLE  ADULT'S  MONEY,  ASSETS,  OR
 PROPERTY.
   (D)  "TRANSACTION HOLD" MEANS A DELAY IN THE COMPLETION OF ONE OR MORE
 FINANCIAL TRANSACTIONS PENDING AN INVESTIGATION BY  A  BANKING  INSTITU-
 TION, ADULT PROTECTIVE SERVICES, OR A LAW ENFORCEMENT AGENCY.
   (E)  "ADULT  PROTECTIVE  SERVICES"  MEANS THE DIVISION OF THE NEW YORK
 CITY HUMAN RESOURCES ADMINISTRATION  AND  EACH  COUNTY'S  DEPARTMENT  OF
 HUMAN  SERVICES OR DEPARTMENT OF SOCIAL SERVICES RESPONSIBLE FOR PROVID-
 ING ADULT PROTECTIVE SERVICES PURSUANT TO SECTION FOUR HUNDRED  SEVENTY-
 THREE OF THE SOCIAL SERVICES LAW.
   (F) "LAW ENFORCEMENT AGENCY" MEANS ANY AGENCY, INCLUDING THE FINANCIAL
 FRAUDS  AND  CONSUMER  PROTECTION  UNIT  OF  THE DEPARTMENT OF FINANCIAL
 SERVICES, WHICH IS EMPOWERED BY LAW TO CONDUCT AN  INVESTIGATION  OR  TO
 MAKE  AN  ARREST FOR A FELONY, AND ANY AGENCY WHICH IS AUTHORIZED BY LAW
 TO PROSECUTE OR PARTICIPATE IN THE PROSECUTION OF A FELONY.
   2. APPLICATION OF TRANSACTION  HOLD.  (A)  IF  A  BANKING  INSTITUTION
 REASONABLY  BELIEVES:    (I) THAT FINANCIAL EXPLOITATION OF A VULNERABLE
 ADULT MAY HAVE OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED;
 AND (II) THAT THE PLACEMENT OF A TRANSACTION HOLD MAY  BE  NECESSARY  TO
 PROTECT  A  VULNERABLE ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL
 EXPLOITATION, THEN THE BANKING INSTITUTION MAY, AT ITS DISCRETION, APPLY
 A TRANSACTION HOLD ON THE ACCOUNT OF A VULNERABLE ADULT, THE ACCOUNT  ON
 WHICH  A VULNERABLE ADULT IS A BENEFICIARY, INCLUDING A TRUST OR GUARDI-
 ANSHIP ACCOUNT, OR THE ACCOUNT OF A PERSON WHO IS REASONABLY BELIEVED BY
 THE BANKING INSTITUTION TO BE ENGAGING IN THE FINANCIAL EXPLOITATION  OF
 A VULNERABLE ADULT.
   (B)  A  BANKING  INSTITUTION  MAY ALSO APPLY A TRANSACTION HOLD ON THE
 ACCOUNT OF A VULNERABLE ADULT, THE ACCOUNT ON WHICH A  VULNERABLE  ADULT
 IS  A  BENEFICIARY,  INCLUDING  A  TRUST OR GUARDIANSHIP ACCOUNT, OR THE
 ACCOUNT OF A PERSON WHO IS REASONABLY BELIEVED BY THE  BANKING  INSTITU-
 TION TO BE ENGAGING IN THE FINANCIAL EXPLOITATION OF A VULNERABLE ADULT,
 IF:  (I)  ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT AGENCY PROVIDES
 INFORMATION TO THE BANKING INSTITUTION ESTABLISHING A  REASONABLE  BASIS
 TO  BELIEVE  THAT  FINANCIAL EXPLOITATION OF A VULNERABLE ADULT MAY HAVE
 OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND  (II)  THE
 PLACEMENT OF A TRANSACTION HOLD MAY BE NECESSARY TO PROTECT A VULNERABLE
 ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL EXPLOITATION.
   (C) A BANKING INSTITUTION THAT APPLIES A TRANSACTION HOLD SHALL:
   (I)  MAKE A REASONABLE EFFORT TO PROVIDE NOTICE, ORALLY OR IN WRITING,
 TO ALL PARTIES AUTHORIZED TO TRANSACT BUSINESS ON THE ACCOUNT ON WHICH A
 TRANSACTION HOLD WAS PLACED WITHIN TWO BUSINESS DAYS OF WHEN THE  TRANS-
 ACTION HOLD WAS PLACED;
   (II)  IMMEDIATELY, BUT NO LATER THAN ONE BUSINESS DAY AFTER THE TRANS-
 ACTION HOLD IS PLACED, REPORT THE TRANSACTION HOLD, INCLUDING THE  BASIS
 FOR  THE BANKING INSTITUTION'S BELIEF THAT THE FINANCIAL EXPLOITATION OF
 A VULNERABLE ADULT MAY HAVE OCCURRED, MAY HAVE  BEEN  ATTEMPTED,  OR  IS
 BEING  ATTEMPTED,  TO ADULT PROTECTIVE SERVICES AND TO A LAW ENFORCEMENT
 AGENCY;
   (III) AT THE REQUEST OF ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT
 AGENCY, PROVIDE ALL INFORMATION AND DOCUMENTS THAT RELATE TO THE  TRANS-

 S. 7508                            148                           A. 9508
 
 ACTION  HOLD  WITHIN THREE BUSINESS DAYS OF THE REQUEST FOR THE INFORMA-
 TION OR DOCUMENTS; AND
   (IV)  NOTWITHSTANDING  THE TRANSACTION HOLD, MAKE FUNDS AVAILABLE FROM
 THE ACCOUNT ON WHICH A TRANSACTION HOLD IS PLACED TO ALLOW  THE  VULNER-
 ABLE  ADULT  OR  OTHER  ACCOUNT  HOLDER TO MEET HIS OR HER ONGOING OBLI-
 GATIONS SUCH AS HOUSING AND OTHER LIVING EXPENSES OR EMERGENCY  EXPENSES
 AS  DETERMINED BY ADULT PROTECTIVE SERVICES, A LAW ENFORCEMENT AGENCY OR
 A  NOT-FOR-PROFIT  ORGANIZATION  THAT  REGULARLY  PROVIDES  SERVICES  TO
 VULNERABLE  ADULTS  IN  THE  COMMUNITY  IN  WHICH  THE  VULNERABLE ADULT
 RESIDES.
   (D) DURING THE PENDENCY OF A TRANSACTION HOLD, A  BANKING  INSTITUTION
 MAY,  IN  ITS  DISCRETION, ALSO MAKE FUNDS AVAILABLE FROM THE ACCOUNT ON
 WHICH A TRANSACTION HOLD IS PLACED TO  ALLOW  THE  VULNERABLE  ADULT  OR
 OTHER  ACCOUNT  HOLDER  TO  MEET  HIS OR HER ONGOING OBLIGATIONS SUCH AS
 HOUSING AND OTHER LIVING EXPENSES OR EMERGENCY  EXPENSES,  PROVIDED  THE
 BANKING INSTITUTION DOES NOT HAVE A REASONABLE BASIS TO BELIEVE THAT THE
 DISPERSAL  OF SUCH FUNDS TO THE VULNERABLE ADULT OR OTHER ACCOUNT HOLDER
 WILL RESULT IN THE FINANCIAL EXPLOITATION OF THE VULNERABLE  ADULT.  ANY
 SUCH  DISPERSAL  OF FUNDS PURSUANT TO THIS SUBDIVISION SHALL BE REPORTED
 WITHIN ONE BUSINESS DAY AFTER THE DISPERSAL IS MADE TO ADULT  PROTECTIVE
 SERVICES AND TO A LAW ENFORCEMENT AGENCY.
   (E)  THE  SUPERINTENDENT MAY ADOPT REGULATIONS IDENTIFYING THE FACTORS
 THAT A BANKING INSTITUTION SHOULD CONSIDER IN DETERMINING  WHETHER:  (I)
 THE  FINANCIAL EXPLOITATION OF A VULNERABLE ADULT MAY HAVE OCCURRED, MAY
 HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND (II) THE PLACEMENT OF  A
 TRANSACTION  HOLD  IS  NECESSARY  TO PROTECT A VULNERABLE ADULT'S MONEY,
 ASSETS, OR PROPERTY.
   3. DURATION OF TRANSACTION HOLD. (A) SUBJECT TO  PARAGRAPHS  (B),  (C)
 AND  (D) OF THIS SUBDIVISION, A TRANSACTION HOLD THAT A BANKING INSTITU-
 TION PLACES ON AN ACCOUNT PURSUANT TO THIS SECTION SHALL TERMINATE  FIVE
 BUSINESS DAYS AFTER THE DATE ON WHICH THE TRANSACTION HOLD IS APPLIED BY
 THE  BANKING INSTITUTION. A BANKING INSTITUTION MAY TERMINATE THE TRANS-
 ACTION HOLD AT ANY TIME DURING THIS  FIVE  DAY  PERIOD  IF  THE  BANKING
 INSTITUTION IS SATISFIED THAT THE TERMINATION OF THE TRANSACTION HOLD IS
 NOT LIKELY TO RESULT IN FINANCIAL EXPLOITATION OF A VULNERABLE ADULT.
   (B)  A TRANSACTION HOLD MAY BE EXTENDED BEYOND THE PERIOD SET FORTH IN
 PARAGRAPH (A) OF THIS SUBDIVISION FOR UP TO AN ADDITIONAL  FIFTEEN  DAYS
 AT  THE REQUEST OF EITHER ADULT PROTECTIVE SERVICES OR A LAW ENFORCEMENT
 AGENCY.
   (C) A TRANSACTION HOLD MAY BE EXTENDED BEYOND THE PERIODS SET FORTH IN
 PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION ONLY  PURSUANT  TO  AN  ORDER
 ISSUED BY A COURT OF COMPETENT JURISDICTION.
   (D)  A  TRANSACTION  HOLD MAY BE TERMINATED AT ANY TIME PURSUANT TO AN
 ORDER ISSUED BY A COURT OF COMPETENT JURISDICTION.
   4. IMMUNITY. A BANKING INSTITUTION OR AN EMPLOYEE OF A BANKING  INSTI-
 TUTION  SHALL BE IMMUNE FROM CRIMINAL, CIVIL, AND ADMINISTRATIVE LIABIL-
 ITY FOR ALL GOOD FAITH ACTIONS IN RELATION TO THE  APPLICATION  OF  THIS
 SECTION  INCLUDING  ANY GOOD FAITH DETERMINATION TO APPLY OR NOT APPLY A
 TRANSACTION HOLD ON AN  ACCOUNT  WHERE  THERE  IS  REASONABLE  BASIS  TO
 CONCLUDE:
   (A)  THAT  FINANCIAL  EXPLOITATION  OF  A  VULNERABLE  ADULT  MAY HAVE
 OCCURRED, MAY HAVE BEEN ATTEMPTED, OR IS BEING ATTEMPTED; AND
   (B) THAT THE PLACEMENT OF A  TRANSACTION  HOLD  MAY  BE  NECESSARY  TO
 PROTECT  A  VULNERABLE ADULT'S MONEY, ASSETS, OR PROPERTY FROM FINANCIAL
 EXPLOITATION, SUCH IMMUNITY SHALL NOT APPLY TO A  DETERMINATION  NOT  TO
 APPLY  A  TRANSACTION HOLD WHEN THE BANKING INSTITUTION OR EMPLOYEE ACTS

 S. 7508                            149                           A. 9508
 
 RECKLESSLY OR ENGAGES IN INTENTIONAL MISCONDUCT IN MAKING  THE  DETERMI-
 NATION, OR THE DETERMINATION RESULTS FROM A CONFLICT OF INTEREST.
   5.  CERTIFICATION  PROGRAM.  THE  DEPARTMENT  MAY  DEVELOP A FINANCIAL
 EXPLOITATION  CERTIFICATION  PROGRAM  FOR  BANKING  INSTITUTIONS.   UPON
 COMPLETION  OF THE TRAINING COMPONENTS REQUIRED BY THE PROGRAM AND AFTER
 ESTABLISHING THE NECESSARY INTERNAL POLICIES, PROCEDURES,  AND  IN-HOUSE
 TRAINING  PROGRAMS, A BANKING INSTITUTION SHALL RECEIVE FROM THE DEPART-
 MENT AN ADULT FINANCIAL EXPLOITATION PREVENTION CERTIFICATE  DEMONSTRAT-
 ING  THAT  STAFF AT SUCH BANKING INSTITUTION HAVE BEEN TRAINED ON HOW TO
 IDENTIFY, HELP PREVENT, AND  REPORT  THE  FINANCIAL  EXPLOITATION  OF  A
 VULNERABLE  ADULT.  AT THE DISCRETION OF THE SUPERINTENDENT, THE CERTIF-
 ICATION PROGRAM MAY BE MANDATORY FOR BANKING  INSTITUTIONS  LICENSED  BY
 THE DEPARTMENT.
   6.  REGULATIONS.  THE  SUPERINTENDENT  MAY  ISSUE SUCH RULES AND REGU-
 LATIONS THAT PROVIDE THE PROCEDURES FOR THE ENFORCEMENT OF THE TERMS  OF
 THIS  SECTION  AND  ANY OTHER RULES AND REGULATIONS THAT HE OR SHE DEEMS
 NECESSARY TO IMPLEMENT THE TERMS OF THIS SECTION.
   § 2. This act shall take effect October 1,  2020;  provided,  however,
 that  the  superintendent of financial services may promulgate any rules
 or regulations related to this act immediately.
 
                                  PART PP

   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 30 to read as follows:
                                  TITLE 30
      EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL
                               PACKAGING BAN
 SECTION 27-3001. DEFINITIONS.
         27-3003. EXPANDED POLYSTYRENE  FOAM  CONTAINER  AND  POLYSTYRENE
                    LOOSE FILL PACKAGING BAN.
         27-3005. EXEMPTIONS.
         27-3007. PREEMPTION.
         27-3009. SEVERABILITY.
 § 27-3001. DEFINITIONS.
   FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "COVERED FOOD SERVICE PROVIDER"  MEANS  A  PERSON  ENGAGED  IN  THE
 PRIMARY  OR  SECONDARY BUSINESS OF SELLING OR DISTRIBUTING PREPARED FOOD
 OR BEVERAGES FOR ON-PREMISE OR OFF-PREMISE CONSUMPTION INCLUDING BUT NOT
 LIMITED TO: (A) FOOD SERVICE ESTABLISHMENTS,  CATERERS,  TEMPORARY  FOOD
 SERVICE  ESTABLISHMENTS,  MOBILE  FOOD SERVICE ESTABLISHMENTS, AND PUSH-
 CARTS AS DEFINED IN THE NEW YORK STATE SANITARY CODE;  (B)  RETAIL  FOOD
 STORES  AS DEFINED IN ARTICLE 28 OF THE AGRICULTURE AND MARKETS LAW; (C)
 DELICATESSENS; (D) GROCERY STORES; (E) RESTAURANTS; (F) CAFETERIAS;  (G)
 COFFEE  SHOPS;  (H) HOSPITALS, ADULT CARE FACILITIES, AND NURSING HOMES;
 AND (I) ELEMENTARY AND SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES.
   2. "DISPOSABLE FOOD SERVICE CONTAINER" MEANS  A  BOWL,  CARTON,  CLAM-
 SHELL,  CUP,  LID, PLATE, TRAY, OR ANY OTHER PRODUCT THAT IS DESIGNED OR
 USED FOR THE TEMPORARY STORAGE OR TRANSPORT OF A PREPARED FOOD OR BEVER-
 AGE INCLUDING A CONTAINER GENERALLY RECOGNIZED BY THE  PUBLIC  AS  BEING
 DESIGNED FOR SINGLE USE.
   3.  "EXPANDED  POLYSTYRENE  FOAM"  MEANS  EXPANDED FOAM THERMOPLASTICS
 UTILIZING A STYRENE MONOMER AND PROCESSED BY ANY NUMBER  OF  TECHNIQUES.
 SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.

 S. 7508                            150                           A. 9508
 
   4. "MANUFACTURER" MEANS EVERY PERSON, FIRM OR CORPORATION THAT PRODUC-
 ES OR IMPORTS POLYSTYRENE LOOSE FILL PACKAGING THAT IS SOLD, OFFERED FOR
 SALE, OR DISTRIBUTED IN THE STATE.
   5.  "POLYSTYRENE  LOOSE FILL PACKAGING" MEANS A VOID-FILLING PACKAGING
 PRODUCT MADE OF EXPANDED POLYSTYRENE THAT IS USED AS A  PACKAGING  FILL,
 COMMONLY REFERRED TO AS PACKING PEANUTS.
   6.  "PREPARED  FOOD" MEANS FOOD OR BEVERAGES THAT ARE COOKED, CHOPPED,
 SLICED, MIXED, BREWED, FROZEN, HEATED, SQUEEZED, COMBINED  OR  OTHERWISE
 PREPARED  ON THE PREMISES OF A COVERED FOOD SERVICE PROVIDER FOR IMMEDI-
 ATE CONSUMPTION AND REQUIRE  NO  FURTHER  PREPARATION  TO  BE  CONSUMED.
 PREPARED  FOOD INCLUDES BUT IS NOT LIMITED TO READY TO EAT TAKEOUT FOODS
 AND BEVERAGES.
   7. "RIGID POLYSTYRENE" MEANS PLASTIC PACKAGING MADE FROM RIGID, POLYS-
 TYRENE RESIN THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
   8. "STORE" MEANS A RETAIL OR  WHOLESALE  ESTABLISHMENT  OTHER  THAN  A
 COVERED FOOD SERVICE PROVIDER.
 §  27-3003.  EXPANDED  POLYSTYRENE  FOAM CONTAINER AND POLYSTYRENE LOOSE
              FILL PACKAGING BAN.
   1. (A) BEGINNING JANUARY FIRST, TWO THOUSAND  TWENTY-TWO,  NO  COVERED
 FOOD  SERVICE  PROVIDER  OR  STORE  SHALL  SELL, OFFER FOR SALE, USE, OR
 DISTRIBUTE DISPOSABLE FOOD SERVICE CONTAINERS USED TO HOLD PREPARED FOOD
 OR BEVERAGES THAT CONTAIN EXPANDED POLYSTYRENE FOAM.
   (B) BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO COVERED  FOOD
 SERVICE  PROVIDER,  MANUFACTURER,  OR  STORE SHALL SELL, OFFER FOR SALE,
 USE, OR DISTRIBUTE POLYSTYRENE LOOSE FILL PACKAGING.
   2. THE DEPARTMENT IS AUTHORIZED TO:
   (A) UNDERTAKE A REVIEW OF ADDITIONAL PRODUCT PACKAGING, AND, BASED  ON
 THE  ENVIRONMENTAL  IMPACTS  OF SUCH PRODUCTS, PROMULGATE REGULATIONS TO
 LIMIT THE SALE, USE, OR DISTRIBUTION OF SUCH PRODUCTS;
   (B) CONDUCT EDUCATION AND OUTREACH IN MULTIPLE  LANGUAGES  TO  COVERED
 FOOD  SERVICE PROVIDERS, MANUFACTURERS, AND STORES TO INFORM THEM OF THE
 PROVISIONS OF THIS TITLE; AND
   (C) PROMULGATE ANY OTHER SUCH RULES AND REGULATIONS AS IT  SHALL  DEEM
 NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS TITLE.
 § 27-3005. EXEMPTIONS.
   NOTWITHSTANDING  ANY  INCONSISTENT  PROVISION OF LAW, THIS TITLE SHALL
 NOT APPLY TO:
   1. PREPACKAGED FOOD FILLED OR SEALED PRIOR TO  RECEIPT  AT  A  COVERED
 FOOD SERVICE PROVIDER; OR
   2.  RAW  MEAT OR RAW FISH SOLD FOR THE PURPOSE OF COOKING OR PREPARING
 OFF-PREMISES BY THE CUSTOMER; OR
   3. FOR PURPOSES  OF  THE  EXPANDED  POLYSTYRENE  FOAM  CONTAINER  BAN,
 COVERED  FOOD  SERVICE  PROVIDERS THAT DEMONSTRATE UNDUE FINANCIAL HARD-
 SHIP, AS DETERMINED  BY  THE  DEPARTMENT,  PROVIDED  HOWEVER  THAT  SUCH
 COVERED  FOOD  SERVICE  PROVIDERS THAT HAVE TEN OR MORE LOCATIONS WITHIN
 THE STATE THAT (A) CONDUCT BUSINESS UNDER THE SAME BUSINESS NAME OR  (B)
 OPERATE  UNDER COMMON OWNERSHIP OR MANAGEMENT OR PURSUANT TO A FRANCHISE
 AGREEMENT WITH  THE  SAME  FRANCHISOR  SHALL  NOT  BE  ELIGIBLE  FOR  AN
 EXEMPTION.
 § 27-3007. PREEMPTION.
   1.  EXCEPT  AS  PROVIDED IN SUBDIVISION TWO OF THIS SECTION, ANY LOCAL
 LAW OR ORDINANCE WHICH IS INCONSISTENT WITH ANY PROVISION OF THIS  TITLE
 OR ANY RULE OR REGULATION PROMULGATED HEREUNDER SHALL BE PREEMPTED.
   2.  ANY  PROVISION OF ANY LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGU-
 LATION PROMULGATED THERETO, GOVERNING THE PROHIBITION OF EXPANDED POLYS-
 TYRENE USE OR SALE OR THE OFFERING FOR SALE OF  POLYSTYRENE  LOOSE  FILL

 S. 7508                            151                           A. 9508
 
 PACKAGING,  WHICH  IS  INCONSISTENT WITH THE PROVISIONS OF THIS TITLE OR
 ANY RULES OR REGULATIONS PROMULGATED HEREUNDER, SHALL NOT  BE  PREEMPTED
 IF  SUCH  LOCAL  LAW  OR  ORDINANCE  IS AT LEAST AS COMPREHENSIVE AS THE
 PROVISIONS  OF  THIS TITLE OR ANY RULES OR REGULATIONS PROMULGATED HERE-
 UNDER.
 § 27-3009. SEVERABILITY.
   IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION  OR  PART  OF  THIS  TITLE
 SHALL  BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
 EOF, 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.
   § 2. The environmental conservation law is amended  by  adding  a  new
 section 71-2730 to read as follows:
 § 71-2730. ENFORCEMENT OF TITLE 30 OF ARTICLE 27 OF THIS CHAPTER.
   1.  ANY PERSON WHO SHALL VIOLATE SECTION 27-3003 OF THIS CHAPTER SHALL
 BE LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE  THAN
 TWO  HUNDRED  FIFTY  DOLLARS FOR THE FIRST VIOLATION, NOT MORE THAN FIVE
 HUNDRED DOLLARS FOR THE SECOND VIOLATION IN THE SAME CALENDAR YEAR,  NOT
 MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  THE THIRD VIOLATION IN THE SAME
 CALENDAR YEAR, AND NOT MORE THAN TWO THOUSAND DOLLARS FOR THE FOURTH AND
 EACH SUBSEQUENT VIOLATION IN THE SAME CALENDAR YEAR. A HEARING OR OPPOR-
 TUNITY TO BE HEARD SHALL BE PROVIDED PRIOR  TO  THE  ASSESSMENT  OF  ANY
 CIVIL PENALTY.
   2.  (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS, THE
 DEPARTMENT OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED  TO
 ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER.
   (B)  THE  PROVISIONS  OF  SECTION  27-3003 OF THIS CHAPTER MAY ALSO BE
 ENFORCED BY A VILLAGE, TOWN, CITY, OR COUNTY AND THE  LOCAL  LEGISLATIVE
 BODY  THEREOF MAY ADOPT LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT
 WITH THIS TITLE PROVIDING FOR THE ENFORCEMENT OF SUCH PROVISIONS.
   3. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
 STATE TO ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER SHALL
 BE PAID INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED  PURSUANT  TO
 SECTION  NINETY-TWO-S  OF THE FINANCE LAW.  ANY FINES THAT ARE COLLECTED
 BY A MUNICIPALITY DURING PROCEEDINGS BY THE MUNICIPALITY TO ENFORCE SUCH
 PROVISIONS WITHIN THE MUNICIPALITY SHALL  BE  RETAINED  BY  THE  MUNICI-
 PALITY.
   § 3. This act shall take effect immediately.
 
                                  PART QQ
 
   Section  1.  The  restore mother nature bond act is enacted to read as
 follows:
                      ENVIRONMENTAL BOND ACT OF 2020
                          "RESTORE MOTHER NATURE"
 Section 1. Short title.
         2. Creation of state debt.
         3. Bonds of the state.
         4. Use of moneys received.
   § 1. Short title. This act shall be known and  may  be  cited  as  the
 "environmental bond act of 2020 restore mother nature".
   §  2.  Creation of state debt. The creation of state debt in an amount
 not exceeding in the aggregate three billion dollars ($3,000,000,000) is
 hereby authorized to provide moneys for the  single  purpose  of  making
 environmental  improvements  that  preserve,  enhance,  and  restore New

 S. 7508                            152                           A. 9508
 
 York's natural resources and reduce the  impact  of  climate  change  by
 funding  capital  projects  to:  restore  habitat  and reduce flood risk
 including wetland, floodplain, and stream  restoration  and  protection,
 acquisition of real property, enhance shoreline protection, forest pres-
 ervation,  development  and improvement of fish hatcheries, and removal,
 alteration, and right-sizing of dams,  bridges,  and  culverts;  improve
 water   quality   through  wastewater  infrastructure  improvements  and
 upgrades including green infrastructure projects that reduce  stormwater
 impacts,  agricultural  nutrient  management,  and expansion of riparian
 buffers; protect  open  space  and  invest  in  associated  recreational
 infrastructure  including  land acquisition, development and improvement
 of park, campground, nature center, and other state recreational facili-
 ties; expand the use of renewable  energy  to  mitigate  climate  change
 including,  but not limited to, clean energy or resiliency projects; and
 other such projects that preserve, enhance, and restore the  quality  of
 the state's environment.
   §  3.  Bonds  of the state. The state comptroller is hereby authorized
 and empowered to issue and sell bonds of the state up to  the  aggregate
 amount  of  three  billion  dollars ($3,000,000,000) for the purposes of
 this act, subject to the provisions of article 5 of  the  state  finance
 law. The aggregate principal amount of such bonds shall not exceed three
 billion  dollars  ($3,000,000,000)  excluding  bonds issued to refund or
 otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
 however,  that upon any such refunding or repayment, the total aggregate
 principal amount of outstanding bonds may be greater than three  billion
 dollars ($3,000,000,000) only if the present value of the aggregate debt
 service  of  the  refunding  or  repayment  bonds to be issued shall not
 exceed the present value of the aggregate debt service of the  bonds  to
 be refunded or repaid. The method for calculating present value shall be
 determined by law.
   § 4. Use of moneys received. The moneys received by the state from the
 sale  of  bonds  sold pursuant to this act shall be expended pursuant to
 appropriations for capital projects related to  design,  planning,  site
 acquisition,  demolition,  construction,  reconstruction,  and rehabili-
 tation including but not limited to, projects specified in  section  two
 of this act.
   §  2.  This  act  shall  take  effect  immediately,  provided that the
 provisions of section one of this act shall not take effect  unless  and
 until  this  act  shall have been submitted to the people at the general
 election to be held in November 2020 and shall have been approved  by  a
 majority  of  all  votes  cast for and against it at such election. Upon
 approval by the people, section one of this act shall take effect  imme-
 diately.  The  ballots  to  be  furnished  for  the  use  of voters upon
 submission of this act shall be in the form prescribed by  the  election
 law  and  the  proposition  or question to be submitted shall be printed
 thereon in the following form, namely "To address and combat the  impact
 of  climate change and damage to the environment, the Environmental Bond
 Act of 2020 "Restore Mother Nature" authorizes the sale of  state  bonds
 up  to  three  billion dollars to fund environmental protection, natural
 restoration, resiliency, and clean energy projects. Shall  the  Environ-
 mental Bond Act of 2020 be approved?".
 
                                  PART RR
 
   Section  1.  The environmental conservation law is amended by adding a
 new article 58 to read as follows:

 S. 7508                            153                           A. 9508
 
                                ARTICLE 58
   IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER
                                  NATURE"
 SECTION 58-0101. DEFINITIONS.
         58-0103. ALLOCATION OF MONEYS.
         58-0105. POWERS AND DUTIES.
         58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
         58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
         58-0111. COMPLIANCE WITH OTHER LAW.
 § 58-0101. DEFINITIONS.
   AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
   1.  "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO THE
 ENVIRONMENTAL BOND ACT OF 2020 "RESTORE  MOTHER  NATURE"  IN  ACCORDANCE
 WITH  ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE OF
 THE STATE FINANCE LAW.
   2. "COST" MEANS THE  EXPENSE  OF  AN  APPROVED  PROJECT,  WHICH  SHALL
 INCLUDE  BUT NOT BE LIMITED TO APPRAISAL, SURVEYING, PLANNING, ENGINEER-
 ING AND ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND
 LEGAL SERVICES, SITE PREPARATION,  DEMOLITION,  CONSTRUCTION  AND  OTHER
 DIRECT EXPENSES INCIDENT TO SUCH PROJECT.
   3.  "DEPARTMENT"  SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION.
   4. "MUNICIPALITY" MEANS A LOCAL PUBLIC  AUTHORITY  OR  PUBLIC  BENEFIT
 CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, SUPERVISORY
 DISTRICT,  DISTRICT  CORPORATION,  IMPROVEMENT DISTRICT WITHIN A COUNTY,
 CITY, TOWN OR VILLAGE, OR INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE
 OR THE UNITED STATES WITH A RESERVATION  WHOLLY  OR  PARTLY  WITHIN  THE
 BOUNDARIES OF NEW YORK STATE, OR ANY COMBINATION THEREOF.
   5.  "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
 COST OF PROJECTS  AUTHORIZED  BY  THIS  ARTICLE  TO  PRESERVE,  ENHANCE,
 RESTORE AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
   6.  "STATE  ENTITY"  MEANS  ANY  STATE  DEPARTMENT,  DIVISION, AGENCY,
 OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION.
 § 58-0103. ALLOCATION OF MONEYS.
   THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF  BONDS  PURSUANT  TO
 THE  ENVIRONMENTAL  BOND  ACT  OF  2020 "RESTORE MOTHER NATURE" SHALL BE
 EXPENDED FOR PROJECT COSTS TO: RESTORE HABITAT  AND  REDUCE  FLOOD  RISK
 INCLUDING,  WETLAND,  FLOODPLAIN, AND STREAM RESTORATION AND PROTECTION,
 ACQUISITION OF REAL PROPERTY, ENHANCE SHORELINE PROTECTION, FOREST PRES-
 ERVATION, DEVELOPMENT AND IMPROVEMENT OF FISH HATCHERIES,  AND  REMOVAL,
 ALTERATION,  AND  RIGHT-SIZING  OF  DAMS, BRIDGES, AND CULVERTS; IMPROVE
 WATER QUALITY THROUGH WASTEWATER INFRASTRUCTURE AND  UPGRADES  INCLUDING
 GREEN  INFRASTRUCTURE  PROJECTS THAT REDUCE STORMWATER IMPACTS, AGRICUL-
 TURAL NUTRIENT MANAGEMENT AND EXPANSION  OF  RIPARIAN  BUFFERS;  PROTECT
 OPEN  SPACE AND INVEST IN ASSOCIATED RECREATIONAL INFRASTRUCTURE INCLUD-
 ING LAND ACQUISITION, DEVELOPMENT AND IMPROVEMENT OF  PARK,  CAMPGROUND,
 NATURE  CENTER,  AND OTHER STATE RECREATIONAL FACILITIES; EXPAND THE USE
 OF RENEWABLE ENERGY TO  MITIGATE  CLIMATE  CHANGE,  INCLUDING,  BUT  NOT
 LIMITED TO, CLEAN ENERGY OR RESILIENCY PROJECTS; AND OTHER SUCH PROJECTS
 THAT  PRESERVE, ENHANCE, AND RESTORE THE QUALITY OF THE STATE'S ENVIRON-
 MENT.
 § 58-0105. POWERS AND DUTIES.
   IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE THE DEPARTMENT IS HERE-
 BY AUTHORIZED TO:
   1. ADMINISTER FUNDS GENERATED PURSUANT TO THE ENVIRONMENTAL  BOND  ACT
 OF 2020 "RESTORE MOTHER NATURE".

 S. 7508                            154                           A. 9508
 
   2.  IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS ARTICLE,
 CONTRACT TO MAKE, WITHIN THE  LIMITATIONS  OF  APPROPRIATIONS  AVAILABLE
 THEREFOR,  STATE  ASSISTANCE  PAYMENTS  TOWARD  THE  COST  OF  A PROJECT
 APPROVED, AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE.
   3. APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT.
   4.  ENTER  INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, NOT-FOR-
 PROFIT CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR
 THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE.
   5. PROMULGATE SUCH RULES AND REGULATIONS AND TO DEVELOP SUCH FORMS AND
 PROCEDURES NECESSARY TO  EFFECTUATE  THE  PROVISIONS  OF  THIS  ARTICLE,
 INCLUDING  BUT  NOT  LIMITED  TO REQUIREMENTS FOR THE FORM, CONTENT, AND
 SUBMISSION OF APPLICATIONS BY MUNICIPALITIES FOR STATE FINANCIAL ASSIST-
 ANCE.
   6. DELEGATE TO, OR COOPERATE WITH,  ANY  OTHER  STATE  ENTITY  IN  THE
 ADMINISTRATION OF THIS ARTICLE.
   7.  PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
 DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
 § 58-0107. 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.
   3.  APPLY  FOR  AND  RECEIVE  MONEYS FROM THE STATE FOR THE PURPOSE OF
 ACCOMPLISHING PROJECTS UNDERTAKEN OR TO BE UNDERTAKEN PURSUANT  TO  THIS
 ARTICLE.
   4.  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.
 § 58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
   ALL ACTIONS UNDERTAKEN PURSUANT TO THIS ARTICLE SHALL BE REVIEWED  FOR
 CONSISTENCY  WITH  PROVISIONS  OF  THE FEDERAL INTERNAL REVENUE CODE AND
 REGULATIONS THEREUNDER, IN ACCORDANCE  WITH  PROCEDURES  ESTABLISHED  IN
 CONNECTION  WITH  THE  ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS
 ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS.
 § 58-0111. COMPLIANCE WITH OTHER LAW.
   EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS ARTICLE
 SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS.
   § 2. The state finance law is amended by adding a new section  97-tttt
 to read as follows:
   §  97-TTTT. RESTORE MOTHER NATURE BOND FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE  "RESTORE
 MOTHER NATURE BOND FUND".
   2.  THE STATE COMPTROLLER SHALL DEPOSIT INTO THE RESTORE MOTHER NATURE
 BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR
 NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR  OF  THE  ENVIRONMENTAL
 BOND ACT OF 2020 "RESTORE MOTHER NATURE".
   3.  MONEYS IN THE RESTORE MOTHER NATURE BOND FUND, FOLLOWING APPROPRI-
 ATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF  THE  BUDGET,
 SHALL  BE  AVAILABLE  ONLY  FOR  REIMBURSEMENT OF EXPENDITURES MADE FROM
 APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND FOR  THE  PURPOSE  OF  THE
 RESTORE  MOTHER NATURE BOND FUND, AS SET FORTH IN THE ENVIRONMENTAL BOND
 ACT OF 2020 "RESTORE MOTHER NATURE".

 S. 7508                            155                           A. 9508
 
   4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
 SOLD PURSUANT TO THE ENVIRONMENTAL BOND  ACT  OF  2020  "RESTORE  MOTHER
 NATURE" SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN
 ALLOCATED  PURSUANT  TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE
 APPROPRIATE  CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE
 FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE
 AND THE STATE COMPTROLLER.
   §  3.  Section  61 of the state finance law is amended by adding a new
 subdivision 32 to read as follows:
   32. THIRTY YEARS. FOR THE PAYMENT OF "RESTORE MOTHER NATURE" PROJECTS,
 AS DEFINED IN ARTICLE FIFTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION  LAW
 AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY,
 ENACTING  AND  CONSTITUTING  THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE
 MOTHER NATURE".  THIRTY YEARS FOR FLOOD  CONTROL  INFRASTRUCTURE,  OTHER
 ENVIRONMENTAL  INFRASTRUCTURE,  WETLAND  AND  OTHER HABITAT RESTORATION,
 WATER QUALITY PROJECTS, ACQUISITION OF LAND,  INCLUDING  ACQUISITION  OF
 REAL  PROPERTY, AND RENEWABLE ENERGY PROJECTS. NOTWITHSTANDING THE FORE-
 GOING, FOR THE PURPOSES OF CALCULATING ANNUAL DEBT  SERVICE,  THE  STATE
 COMPTROLLER  SHALL  APPLY  A WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE OF
 RESTORE MOTHER NATURE PROJECTS, INCLUDING ANY OTHER WORKS OR PURPOSES TO
 BE FINANCED WITH STATE DEBT. WEIGHTED AVERAGE PERIOD  OF  PROBABLE  LIFE
 SHALL  BE  DETERMINED  BY COMPUTING THE SUM OF THE PRODUCTS DERIVED FROM
 MULTIPLYING THE DOLLAR VALUE OF THE PORTION OF THE DEBT  CONTRACTED  FOR
 EACH  WORK  OR  PURPOSE  (OR CLASS OF WORKS OR PURPOSES) BY THE PROBABLE
 LIFE OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND  DIVID-
 ING  THE  RESULTING  SUM  BY  THE  DOLLAR VALUE OF THE ENTIRE DEBT AFTER
 TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT.
   § 4. If any clause, sentence, paragraph, 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 ther-
 eof, 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.
   § 5. This act shall take effect only in the event that  section  1  of
 part  XX  of  a  chapter of the laws of 2020, enacting the environmental
 bond act of 2020 "restore mother nature" is submitted to the  people  at
 the  general  election  to be held in November 2020 and is approved by a
 majority of all votes cast for and against it  at  such  election.  Upon
 such  approval,  this act shall take effect immediately. Effective imme-
 diately, the addition, amendment, and/or repeal of  any  rule  or  regu-
 lation  necessary  for  the  implementation of the foregoing sections of
 this act are authorized and directed to be  made  and  completed  on  or
 before such effective date.
 
                                  PART SS
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 32 to read as follows:
                                 TITLE 32
                            PRODUCT STEWARDSHIP
 SECTION 27-3201. DEFINITIONS.
         27-3203. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
         27-3205. PRODUCER RESPONSIBILITIES.
         27-3207. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
         27-3209. DEPARTMENT RESPONSIBILITIES.
         27-3211. RULES AND REGULATIONS.

 S. 7508                            156                           A. 9508
 
         27-3213. ENFORCEMENT AND PENALTIES.
         27-3215. STATE PREEMPTION.
         27-3217. REPORT  AND CRITERIA FOR IDENTIFYING ADDITIONAL COVERED
                    PRODUCTS OR PRODUCT CATEGORIES.
         27-3219. SEVERABILITY.
 § 27-3201. DEFINITIONS.
   AS USED IN THIS TITLE:
   1. "BRAND" MEANS A NAME, SYMBOL, WORD, OR  MARK  THAT  ATTRIBUTES  THE
 PRODUCT TO THE OWNER OR LICENSEE OF THE BRAND AS THE PRODUCER.
   2.  "CARPET"  MEANS A MANUFACTURED ARTICLE THAT IS (I) USED IN COMMER-
 CIAL BUILDINGS OR SINGLE  OR  MULTIFAMILY  RESIDENTIAL  BUILDINGS,  (II)
 AFFIXED  OR PLACED ON THE FLOOR OR BUILDING WALKING SURFACE AS A DECORA-
 TIVE OR FUNCTIONAL BUILDING INTERIOR  OR  EXTERIOR  FEATURE,  AND  (III)
 PRIMARILY  CONSTRUCTED  OF  A  TOP  SURFACE OF SYNTHETIC OR NATURAL FACE
 FIBERS OR YARNS OR TUFTS ATTACHED TO A BACKING SYSTEM MADE OF  SYNTHETIC
 OR  NATURAL  MATERIALS.    "CARPET"  INCLUDES,  BUT IS NOT LIMITED TO, A
 COMMERCIAL OR RESIDENTIAL BROADLOOM CARPET, MODULAR  CARPET  TILES,  AND
 ARTIFICIAL  TURF, PAD OR UNDERLAYMENT USED IN CONJUNCTION WITH A CARPET.
 "CARPET" DOES NOT INCLUDE HANDMADE RUGS, AREA RUGS, OR MATS.
   3. "COLLECTION SITE" MEANS A PERMANENT LOCATION IN THE STATE AT  WHICH
 DISCARDED COVERED PRODUCTS MAY BE RETURNED BY A CONSUMER.
   4. "CONSUMER" MEANS A PERSON LOCATED IN THE STATE WHO PURCHASES, OWNS,
 LEASES,  OR USES COVERED PRODUCTS, INCLUDING BUT NOT LIMITED TO AN INDI-
 VIDUAL, A BUSINESS,  CORPORATION,  LIMITED  PARTNERSHIP,  NOT-FOR-PROFIT
 CORPORATION,  THE  STATE,  A  PUBLIC  CORPORATION, PUBLIC SCHOOL, SCHOOL
 DISTRICT, PRIVATE OR PAROCHIAL SCHOOL OR  BOARD  OF  COOPERATIVE  EDUCA-
 TIONAL SERVICES OR GOVERNMENTAL ENTITY.
   5. "COVERED PRODUCT" MEANS CARPETS OR MATTRESSES.
   6.  "DISCARDED  COVERED  PRODUCT"  MEANS  COVERED PRODUCTS THAT ARE NO
 LONGER USED FOR ITS MANUFACTURED PURPOSE.
   7. "DISTRIBUTOR" OR "WHOLESALER" MEANS A PERSON WHO BUYS OR  OTHERWISE
 ACQUIRES  COVERED  PRODUCTS  FROM  ANOTHER SOURCE AND SELLS OR OFFERS TO
 SELL A COVERED PRODUCT TO RETAILERS IN THIS STATE.
   8. "ENERGY RECOVERY" MEANS THE PROCESS BY WHICH ALL OR  A  PORTION  OF
 SOLID WASTE MATERIALS ARE PROCESSED OR COMBUSTED IN ORDER TO UTILIZE THE
 HEAT  CONTENT  OR  OTHER  FORMS  OF ENERGY DERIVED FROM SUCH SOLID WASTE
 MATERIALS.
   9. "MATTRESS" MEANS ANY RESILIENT MATERIAL, OR COMBINATION OF  MATERI-
 ALS, THAT IS DESIGNED TO BE USED AS A BED. MATTRESS SHALL NOT INCLUDE:
   A.  AN  UNATTACHED MATTRESS PAD OR MATTRESS TOPPER THAT IS INTENDED TO
 BE USED WITH, OR ON TOP OF A MATTRESS;
   B. A CRIB OR BASSINET MATTRESS OR CAR BED;
   C. JUVENILE PRODUCTS, INCLUDING: A CARRIAGE, BASKET,  DRESSING  TABLE,
 STROLLER, PLAYPEN, INFANT CARRIER, LOUNGE PAD, CRIB BUMPER, AND THE PADS
 FOR THOSE JUVENILE PRODUCTS;
   D. A WATER BED OR AIR MATTRESS; OR
   E. A FOLD-OUT SOFA BED OR FUTON.
   10.  "PRODUCER"  MEANS  ANY  PERSON  WHO  MANUFACTURES  OR RENOVATES A
 COVERED PRODUCT THAT IS SOLD, OFFERED FOR SALE, OR  DISTRIBUTED  IN  THE
 STATE UNDER THE MANUFACTURER'S OWN NAME OR BRAND. "PRODUCER" INCLUDES:
   A.  THE OWNER OF A TRADEMARK OR BRAND UNDER WHICH A COVERED PRODUCT IS
 SOLD, OFFERED FOR SALE, OR DISTRIBUTED IN THIS  STATE,  WHETHER  OR  NOT
 SUCH TRADEMARK OR BRAND IS REGISTERED IN THE STATE; AND
   B.  ANY  PERSON  WHO  IMPORTS A COVERED PRODUCT INTO THE UNITED STATES
 THAT IS SOLD OR OFFERED FOR SALE IN THE STATE AND THAT  IS  MANUFACTURED
 BY A PERSON WHO DOES NOT HAVE A PRESENCE IN THE UNITED STATES.

 S. 7508                            157                           A. 9508
 
   11.  "PRODUCT"  MEANS  AN  ITEM  SOLD  WITHIN THE STATE THAT IS DEEMED
 ELIGIBLE BY THE DEPARTMENT FOR INCLUSION IN THIS CHAPTER  AS  A  COVERED
 PRODUCT.
   12. "PRODUCT CATEGORY" MEANS A GROUP OF SIMILAR PRODUCTS.
   13. "PROPRIETARY INFORMATION" MEANS INFORMATION THAT IS A TRADE SECRET
 OR IS PRODUCTION, COMMERCIAL OR FINANCIAL INFORMATION, THAT IF DISCLOSED
 WOULD  IMPAIR  THE  COMPETITIVE POSITION OF THE SUBMITTER AND WOULD MAKE
 AVAILABLE INFORMATION NOT OTHERWISE PUBLICLY AVAILABLE.
   14. "RECYCLING" MEANS TO SEPARATE, DISMANTLE OR PROCESS THE MATERIALS,
 COMPONENTS OR COMMODITIES CONTAINED IN COVERED PRODUCTS FOR THE  PURPOSE
 OF  PREPARING  THE MATERIALS, COMPONENTS OR COMMODITIES FOR USE OR REUSE
 IN NEW PRODUCTS OR  COMPONENTS.  "RECYCLING"  DOES  NOT  INCLUDE  ENERGY
 RECOVERY  OR  ENERGY  GENERATION  BY  MEANS  OF  COMBUSTION, OR LANDFILL
 DISPOSAL OF DISCARDED COVERED PRODUCTS OR  DISCARDED  PRODUCT  COMPONENT
 MATERIALS.
   15.  "RECYCLING  RATE"  MEANS  THE  PERCENTAGE  OF  DISCARDED  COVERED
 PRODUCTS THAT IS MANAGED THROUGH RECYCLING OR REUSE, AS DEFINED BY  THIS
 TITLE,  AND  IS  COMPUTED  BY  DIVIDING  THE AMOUNT OF DISCARDED COVERED
 PRODUCTS COLLECTED AND  RECYCLED  OR  REUSED  BY  THE  TOTAL  AMOUNT  OF
 DISCARDED COVERED PRODUCTS COLLECTED OVER A PROGRAM YEAR.
   16. "RETAILER" MEANS ANY PERSON WHO SELLS OR OFFERS FOR SALE A COVERED
 PRODUCT TO A CONSUMER IN THE STATE.
   17. "REUSE" MEANS DONATING OR SELLING A DISCARDED COVERED PRODUCT BACK
 INTO  THE  MARKET  FOR  ITS  ORIGINAL  INTENDED  USE, WHEN THE DISCARDED
 COVERED PRODUCT RETAINS ITS ORIGINAL PERFORMANCE CHARACTERISTICS AND CAN
 BE USED FOR ITS ORIGINAL PURPOSE.
   18. "SALE" OR "SELL" MEANS A TRANSFER OF TITLE TO  A  COVERED  PRODUCT
 FOR  CONSIDERATION,  INCLUDING  A  REMOTE SALE CONDUCTED THROUGH A SALES
 OUTLET, CATALOG, WEBSITE, OR SIMILAR ELECTRONIC MEANS. "SALE" OR  "SELL"
 INCLUDES  A  LEASE  THROUGH  WHICH  A  COVERED  PRODUCT IS PROVIDED TO A
 CONSUMER BY A PRODUCER, DISTRIBUTOR, OR RETAILER.
   19. "STEWARDSHIP ORGANIZATION" MEANS A NONPROFIT  ENTITY  REPRESENTING
 COVERED  PRODUCT  PRODUCERS, OR OTHER DESIGNATED REPRESENTATIVES WHO ARE
 COOPERATING WITH ONE ANOTHER, TO COLLECTIVELY ESTABLISH  AND  OPERATE  A
 STEWARDSHIP PROGRAM FOR THE PURPOSE OF COMPLYING WITH THIS TITLE.
   20.  "STEWARDSHIP PROGRAM" MEANS A PROGRAM FINANCED AND IMPLEMENTED BY
 PRODUCERS, EITHER  INDIVIDUALLY,  OR  COLLECTIVELY  THROUGH  A  PRODUCER
 RESPONSIBILITY  ORGANIZATION,  THAT PROVIDES FOR, BUT IS NOT LIMITED TO,
 THE COLLECTION, TRANSPORTATION, REUSE, RECYCLING  OR  PROPER  MANAGEMENT
 THROUGH  COMBUSTION  OR DISPOSAL, OR AN APPROPRIATE COMBINATION THEREOF,
 OF UNWANTED PRODUCTS.
 § 27-3203. STEWARDSHIP ORGANIZATION RESPONSIBILITIES.
   1. A STEWARDSHIP ORGANIZATION SHALL BE CREATED AND FINANCED,  INDIVID-
 UALLY  OR  COLLECTIVELY, BY CARPET PRODUCERS, AND A MATTRESS STEWARDSHIP
 ORGANIZATION SHALL BE CREATED AND FINANCED BY MATTRESS PRODUCERS,  INDI-
 VIDUALLY  OR  COLLECTIVELY, TO ADMINISTER STEWARDSHIP PROGRAMS ON BEHALF
 OF THOSE RESPECTIVE PRODUCERS.
   2. ON OR BEFORE JULY FIRST, TWO  THOUSAND  TWENTY-ONE,  A  STEWARDSHIP
 ORGANIZATION  REPRESENTING THE PRODUCER OF A COVERED PRODUCT MUST SUBMIT
 A STEWARDSHIP PLAN TO THE DEPARTMENT  ON  BEHALF  OF  THE  PRODUCER  AND
 RECEIVE APPROVAL OF THE PLAN.
   3.  A  STEWARDSHIP  ORGANIZATION  OPERATING A STEWARDSHIP PROGRAM MUST
 UPDATE THE STEWARDSHIP PLAN EVERY THREE YEARS, AT A MINIMUM, AND  SUBMIT
 THE UPDATED PLAN TO THE DEPARTMENT FOR REVIEW AND APPROVAL.
   4.  THE  STEWARDSHIP  ORGANIZATION  MUST  NOTIFY THE DEPARTMENT WITHIN
 THIRTY DAYS OF ANY SIGNIFICANT CHANGES OR MODIFICATIONS TO THE  PLAN  OR

 S. 7508                            158                           A. 9508
 
 ITS  IMPLEMENTATION.  WITHIN  THIRTY  DAYS OF THE NOTIFICATION A WRITTEN
 PLAN AMENDMENT MUST BE  SUBMITTED  TO  THE  DEPARTMENT  FOR  REVIEW  AND
 APPROVAL.
   5. THE STEWARDSHIP PLAN SHALL INCLUDE, AT A MINIMUM:
   A.   CERTIFICATION  THAT  THE  STEWARDSHIP  PROGRAM  WILL  ACCEPT  FOR
 COLLECTION ALL DISCARDED COVERED PRODUCTS;
   B. CONTACT INFORMATION FOR EACH INDIVIDUAL REPRESENTING  THE  STEWARD-
 SHIP ORGANIZATION, INCLUDING THE ADDRESS OF THE STEWARDSHIP ORGANIZATION
 WHERE  THE  DEPARTMENT  WILL  SEND  ANY NOTIFICATIONS AND FOR SERVICE OF
 PROCESS, DESIGNATION OF A PROGRAM MANAGER RESPONSIBLE FOR  ADMINISTERING
 THE  PROGRAM,  A  LIST OF ALL PRODUCERS PARTICIPATING IN THE STEWARDSHIP
 PROGRAM, AND  CONTACT  INFORMATION  FOR  EACH  PRODUCER,  INCLUDING  THE
 ADDRESS  FOR  SERVICE  OF PROCESS, AND THE BRANDS COVERED BY THE PRODUCT
 STEWARDSHIP PROGRAM;
   C. A DESCRIPTION OF THE METHODS BY WHICH  DISCARDED  COVERED  PRODUCTS
 WILL BE COLLECTED WITH NO CHARGE TO ANY PERSON;
   D.  AN  EXPLANATION  OF  HOW  THE STEWARDSHIP PROGRAM WILL, BY JANUARY
 FIRST, TWO THOUSAND TWENTY-TWO OR  SIX  MONTHS  AFTER  STEWARDSHIP  PLAN
 APPROVAL,  ACHIEVE,  AT  A  MINIMUM, A CONVENIENCE STANDARD OF HAVING AT
 LEAST ONE COLLECTION SITE IN EACH COUNTY OF THE STATE, AND AT LEAST  ONE
 ADDITIONAL COLLECTION SITE FOR EVERY FIFTY THOUSAND RESIDENTS LOCATED IN
 A  MUNICIPALITY,  THAT  ACCEPTS  COVERED  PRODUCTS FROM CONSUMERS DURING
 NORMAL BUSINESS HOURS; HOWEVER, WITH RESPECT TO A CITY  HAVING  A  POPU-
 LATION  OF  ONE MILLION OR MORE, AFTER CONSULTATION WITH THE APPROPRIATE
 LOCAL OR REGIONAL ENTITY RESPONSIBLE FOR THE  COLLECTION  OF  SOLID  AND
 HAZARDOUS  WASTE,  THE DEPARTMENT MAY OTHERWISE ESTABLISH AN ALTERNATIVE
 CONVENIENCE STANDARD.  CONVENIENCE STANDARDS WILL BE  EVALUATED  BY  THE
 DEPARTMENT  PERIODICALLY  AND  THE  DEPARTMENT  MAY  REQUIRE  ADDITIONAL
 COLLECTION LOCATIONS TO ENSURE ADEQUATE CONSUMER CONVENIENCE;
   E. A DESCRIPTION OF HOW THE EFFECTIVENESS OF THE  STEWARDSHIP  PROGRAM
 WILL BE MONITORED, EVALUATED, AND MAINTAINED;
   F.  THE  NAMES  AND  LOCATIONS  OF COLLECTION SITES, TRANSPORTERS, AND
 PROCESSORS WHO WILL MANAGE DISCARDED COVERED PRODUCTS;
   G. A DESCRIPTION OF HOW THE DISCARDED COVERED PRODUCTS WILL BE  SAFELY
 AND  SECURELY  TRANSPORTED, TRACKED, AND HANDLED FROM COLLECTION THROUGH
 FINAL RECYCLING AND PROCESSING;
   H. A DESCRIPTION OF THE  METHODS  TO  BE  USED  TO  REUSE  OR  RECYCLE
 DISCARDED  COVERED PRODUCTS TO ENSURE THAT THE COMPONENTS, TO THE EXTENT
 FEASIBLE, ARE TRANSFORMED OR REMANUFACTURED INTO FINISHED  PRODUCTS  FOR
 USE;
   I.  A  DESCRIPTION  OF  THE METHODS TO BE USED TO MANAGE OR DISPOSE OF
 DISCARDED COVERED PRODUCTS THAT CANNOT BE RECYCLED OR REUSED;
   J. A DESCRIPTION OF THE OUTREACH AND EDUCATIONAL MATERIALS  THAT  MUST
 BE  PROVIDED TO CONSUMERS, RETAILERS, COLLECTION SITES, AND TRANSPORTERS
 OF DISCARDED COVERED PRODUCTS, AND HOW SUCH OUTREACH WILL  BE  EVALUATED
 FOR EFFECTIVENESS;
   K.  AN UP-TO-DATE STEWARDSHIP ORGANIZATION WEBSITE AND TOLL-FREE TELE-
 PHONE NUMBER THROUGH WHICH A CONSUMER CAN EASILY LEARN HOW AND WHERE  TO
 RECYCLE THEIR DISCARDED COVERED PRODUCTS;
   L.  AN  ANNUAL  PERFORMANCE  GOAL,  AS  DETERMINED  BY THE DEPARTMENT,
 INCLUDING AN ESTIMATE OF THE PERCENTAGE OF  DISCARDED  COVERED  PRODUCTS
 THAT  WILL  BE  COLLECTED, REUSED, AND RECYCLED DURING EACH YEAR FOR THE
 NEXT THREE YEARS OF THE STEWARDSHIP PLAN;
   M. AN EVALUATION OF THE STATUS OF END MARKETS  FOR  DISCARDED  COVERED
 PRODUCTS  AND WHAT, IF ANY, ADDITIONAL END MARKETS ARE NEEDED TO IMPROVE
 THE FUNCTIONING OF THE PROGRAMS; AND

 S. 7508                            159                           A. 9508
 
   N. A FUNDING MECHANISM THAT DEMONSTRATES SUFFICIENT FUNDING  TO  CARRY
 OUT  THE  PLAN,  INCLUDING  THE ADMINISTRATIVE, OPERATIONAL, AND CAPITAL
 COSTS OF THE PLAN.
   6. BY JULY FIRST, TWO THOUSAND TWENTY-THREE, AND BY JULY FIRST OF EACH
 YEAR  THEREAFTER,  THE STEWARDSHIP ORGANIZATION SHALL SUBMIT A REPORT TO
 THE  DEPARTMENT  THAT  INCLUDES,  FOR  THE  PREVIOUS  PROGRAM  YEAR,   A
 DESCRIPTION  OF  THE STEWARDSHIP PROGRAM, INCLUDING, BUT NOT LIMITED TO,
 THE FOLLOWING:
   A. A DESCRIPTION OF THE METHODS USED TO COLLECT, TRANSPORT, AND  PROC-
 ESS DISCARDED COVERED PRODUCTS IN REGIONS OF THE STATE;
   B. IDENTIFICATION OF ALL COLLECTION SITES IN THE STATE;
   C.  THE  WEIGHT OF ALL DISCARDED COVERED PRODUCTS COLLECTED AND REUSED
 OR RECYCLED IN ALL REGIONS OF THE STATE;
   D. AN EVALUATION OF WHETHER THE PERFORMANCE GOALS AND RECYCLING  RATES
 ESTABLISHED IN THE STEWARDSHIP PLAN HAVE BEEN ACHIEVED;
   E. AN ESTIMATED WEIGHT OF DISCARDED COVERED PRODUCTS AND ANY COMPONENT
 MATERIALS  THAT WERE COLLECTED PURSUANT TO THE STEWARDSHIP PLAN, BUT NOT
 RECYCLED; AND
   F. ANY OTHER INFORMATION REQUIRED BY  REGULATION  PROMULGATED  BY  THE
 DEPARTMENT.
   7.  A STEWARDSHIP ORGANIZATION SHALL PAY THE DEPARTMENT, THE FOLLOWING
 FEES, WHICH SHALL BE ADEQUATE TO COVER THE DEPARTMENT'S  FULL  COSTS  OF
 ADMINISTERING AND ENFORCING THE STEWARDSHIP PROGRAM AND SHALL NOT EXCEED
 THE  AMOUNT  NECESSARY  TO  RECOVER  COSTS INCURRED BY THE DEPARTMENT IN
 CONNECTION WITH THE ADMINISTRATION AND ENFORCEMENT OF  THE  REQUIREMENTS
 OF THIS TITLE:
   A. AN ANNUAL ADMINISTRATIVE FEE TO BE ESTABLISHED BY THE DEPARTMENT IN
 REGULATIONS; AND
   B.  A  ONE-TIME  FEE  OF  FIVE THOUSAND DOLLARS FOR A PLAN COVERING AN
 INDIVIDUAL PRODUCER, OR TEN THOUSAND DOLLARS FOR A  PLAN  FOR  PRODUCERS
 ACTING COLLECTIVELY, UPON SUBMISSION OF AN INITIAL STEWARDSHIP PLAN.
 § 27-3205. PRODUCER RESPONSIBILITIES.
   1.  BY  JANUARY  FIRST,  TWO THOUSAND TWENTY-TWO, EACH PRODUCER SHALL,
 INDIVIDUALLY OR COLLECTIVELY, THROUGH A STEWARDSHIP ORGANIZATION, IMPLE-
 MENT AND FINANCE A STATEWIDE STEWARDSHIP PROGRAM THAT:
   A. MANAGES COVERED PRODUCTS BY REDUCING ITS WASTE GENERATION;
   B. PROMOTES COVERED PRODUCT RECYCLING AND REUSE OR MATTRESS  RECYCLING
 AND REUSE; AND
   C.  PROVIDES  FOR  NEGOTIATION AND EXECUTION OF AGREEMENTS TO COLLECT,
 TRANSPORT, PROCESS, AND MARKET THE PRODUCER'S DISCARDED COVERED PRODUCTS
 FOR END-OF-LIFE RECYCLING, REUSE, OR DISPOSAL.
   2. NO PRODUCER MAY SELL OR OFFER FOR  SALE  COVERED  PRODUCTS  IN  THE
 STATE  UNLESS  THE  PRODUCER  IS  PART OF A STEWARDSHIP ORGANIZATION, OR
 INDIVIDUALLY, OPERATES A STEWARDSHIP  PROGRAM  IN  COMPLIANCE  WITH  THE
 PROVISIONS OF THIS TITLE.
   3.  THE  STEWARDSHIP  PROGRAM MUST BE FREE TO THE CONSUMER, CONVENIENT
 AND ADEQUATE TO SERVE THE NEEDS OF BUSINESSES AND RESIDENTS IN ALL AREAS
 OF THE STATE ON AN ONGOING BASIS.
 § 27-3207. RETAILER AND DISTRIBUTOR RESPONSIBILITIES.
   1. BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-THREE, NO RETAILER  OR
 DISTRIBUTOR  MAY  SELL  OR  OFFER FOR SALE COVERED PRODUCTS IN THE STATE
 UNLESS THE PRODUCER OF  SUCH  COVERED  PRODUCT  IS  PARTICIPATING  IN  A
 STEWARDSHIP PROGRAM.
   2.  ANY RETAILER OR DISTRIBUTOR MAY PARTICIPATE, ON A VOLUNTARY BASIS,
 AS A DESIGNATED COLLECTION  POINT  PURSUANT  TO  A  PRODUCT  STEWARDSHIP
 PROGRAM AND IN ACCORDANCE WITH APPLICABLE LAW.

 S. 7508                            160                           A. 9508
 
   3.  NO  RETAILER  OR  DISTRIBUTOR SHALL BE FOUND TO BE IN VIOLATION OF
 THIS SECTION IF, ON THE DATE THE COVERED PRODUCTS WERE ORDERED FROM  THE
 PRODUCER  OR  ITS  AGENT, THE PRODUCER WAS LISTED AS COMPLIANT WITH THIS
 TITLE ON THE DEPARTMENT'S WEBSITE.
 § 27-3209. DEPARTMENT RESPONSIBILITIES.
   1.  UPON STEWARDSHIP PLAN APPROVAL, THE DEPARTMENT SHALL POST INFORMA-
 TION ON ITS WEBSITE ABOUT THE STEWARDSHIP ORGANIZATIONS AND ITS  PARTIC-
 IPATING PRODUCERS WHO ARE IN COMPLIANCE WITH THIS TITLE.
   2.  BEGINNING  JANUARY  FIRST, TWO THOUSAND TWENTY-TWO, THE DEPARTMENT
 SHALL POST ON ITS WEBSITE THE LOCATION OF ALL COLLECTION  SITES  IDENTI-
 FIED  TO THE DEPARTMENT BY THE STEWARDSHIP ORGANIZATION IN ITS PLANS AND
 ANNUAL REPORTS.
   3. THE DEPARTMENT SHALL POST ON  ITS  WEBSITE  EACH  STEWARDSHIP  PLAN
 APPROVED BY THE DEPARTMENT.
   4.  WITHIN  SIXTY DAYS AFTER RECEIPT OF A PROPOSED STEWARDSHIP PLAN OR
 PLAN AMENDMENT, THE DEPARTMENT SHALL APPROVE OR REJECT THE PLAN  OR  THE
 PLAN  AMENDMENT.  IF THE PLAN OR PLAN AMENDMENT IS APPROVED, THE DEPART-
 MENT SHALL NOTIFY THE STEWARDSHIP  ORGANIZATION  IN  WRITING.    IF  THE
 DEPARTMENT  REJECTS  THE  PLAN  OR  PLAN AMENDMENT, THE DEPARTMENT SHALL
 NOTIFY THE STEWARDSHIP ORGANIZATION IN WRITING STATING  THE  REASON  FOR
 REJECTING  THE  PLAN OR PLAN AMENDMENT. A STEWARDSHIP ORGANIZATION WHOSE
 PLAN IS REJECTED MUST SUBMIT A REVISED PLAN  TO  THE  DEPARTMENT  WITHIN
 THIRTY DAYS OF RECEIVING A NOTICE OF REJECTION.
   5.  THE  DEPARTMENT  SHALL DEPOSIT THE FEES COLLECTED PURSUANT TO THIS
 TITLE INTO THE STEWARDSHIP ORGANIZATION FUND AS ESTABLISHED PURSUANT  TO
 SECTION NINETY-TWO-JJ OF THE STATE FINANCE LAW.
 § 27-3211. RULES AND REGULATIONS.
   THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE ANY RULES AND REGULATIONS
 NECESSARY TO IMPLEMENT THIS TITLE.
 § 27-3213. ENFORCEMENT AND PENALTIES.
   1. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY PERSON OR  ENTITY
 THAT  VIOLATES  ANY  PROVISION  OF  OR FAILS TO PERFORM ANY DUTY IMPOSED
 PURSUANT TO THIS TITLE OR ANY RULE OR  REGULATION  PROMULGATED  PURSUANT
 THERETO,  OR  ANY TERM OR CONDITION OF ANY REGISTRATION OR PERMIT ISSUED
 PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSION-
 ER MADE PURSUANT TO THIS ARTICLE OR ARTICLE SEVENTY-ONE OF THIS  CHAPTER
 SHALL  BE  LIABLE FOR A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS
 FOR EACH VIOLATION AND AN ADDITIONAL  PENALTY  OF  NOT  MORE  THAN  FIVE
 HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
   2.  ANY RETAILER OR DISTRIBUTOR WHO VIOLATES ANY PROVISION OF OR FAILS
 TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE OR ANY RULE OR  REGU-
 LATION  PROMULGATED  PURSUANT  THERETO,  OR ANY TERM OR CONDITION OF ANY
 REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR  ANY  FINAL  DETERMI-
 NATION  OR  ORDER  OF  THE COMMISSIONER MADE PURSUANT TO THIS ARTICLE OR
 ARTICLE SEVENTY-ONE OF THIS CHAPTER SHALL BE LIABLE FOR A CIVIL  PENALTY
 NOT  TO EXCEED ONE THOUSAND DOLLARS FOR EACH VIOLATION AND AN ADDITIONAL
 PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH DAY DURING  WHICH
 SUCH VIOLATION CONTINUES.
   3.  A.  ANY  PRODUCER  OR  STEWARDSHIP  ORGANIZATION  WHO VIOLATES ANY
 PROVISION OF OR FAILS TO PERFORM ANY DUTY IMPOSED PURSUANT TO THIS TITLE
 OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY  TERM  OR
 CONDITION  OF ANY REGISTRATION OR PERMIT ISSUED PURSUANT THERETO, OR ANY
 FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT  TO  THIS
 ARTICLE  OR  ARTICLE  SEVENTY-ONE  OF THIS CHAPTER SHALL BE LIABLE FOR A
 CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH VIOLATION AND
 AN ADDITIONAL PENALTY OF NOT MORE THAN ONE THOUSAND FIVE HUNDRED DOLLARS

 S. 7508                            161                           A. 9508
 
 FOR EACH DAY  DURING  WHICH  SUCH  VIOLATION  CONTINUES.  FOR  A  SECOND
 VIOLATION  COMMITTED  WITHIN  TWELVE  MONTHS  OF  A PRIOR VIOLATION, THE
 PRODUCER OR STEWARDSHIP ORGANIZATION SHALL BE LIABLE FOR A CIVIL PENALTY
 NOT TO EXCEED TEN THOUSAND DOLLARS AND AN ADDITIONAL PENALTY OF NOT MORE
 THAN  THREE  THOUSAND  DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION
 CONTINUES. FOR A THIRD OR SUBSEQUENT VIOLATION COMMITTED  WITHIN  TWELVE
 MONTHS  OF ANY PRIOR VIOLATION, THE PRODUCER OR STEWARDSHIP ORGANIZATION
 SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT  TO  EXCEED  TWENTY  THOUSAND
 DOLLARS  AND  AN ADDITIONAL PENALTY OF SIX THOUSAND DOLLARS FOR EACH DAY
 DURING WHICH SUCH VIOLATION CONTINUES.
   B. ALL PRODUCERS PARTICIPATING IN A STEWARDSHIP ORGANIZATION SHALL  BE
 JOINTLY  AND  SEVERALLY  LIABLE  FOR  ANY PENALTIES ASSESSED AGAINST THE
 STEWARDSHIP ORGANIZATION PURSUANT TO THIS TITLE AND ARTICLE  SEVENTY-ONE
 OF THIS CHAPTER.
   4. CIVIL PENALTIES UNDER THIS SECTION SHALL BE ASSESSED BY THE DEPART-
 MENT  AFTER  AN  OPPORTUNITY  TO  BE HEARD PURSUANT TO THE PROVISIONS OF
 SECTION 71-1709 OF THIS CHAPTER, OR  BY  THE  COURT  IN  ANY  ACTION  OR
 PROCEEDING  PURSUANT TO SECTION 71-2727 OF THIS CHAPTER, AND IN ADDITION
 THERETO, SUCH PERSON OR ENTITY MAY BY SIMILAR PROCESS BE  ENJOINED  FROM
 CONTINUING SUCH VIOLATION AND ANY PERMIT, REGISTRATION OR OTHER APPROVAL
 ISSUED  BY  THE  DEPARTMENT  MAY  BE  REVOKED  OR SUSPENDED OR A PENDING
 RENEWAL DENIED.
   5. THE DEPARTMENT AND THE ATTORNEY GENERAL ARE  HEREBY  AUTHORIZED  TO
 ENFORCE  THE  PROVISIONS OF THIS TITLE AND ALL MONIES COLLECTED SHALL BE
 DEPOSITED TO THE CREDIT OF THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-S OF THE STATE FINANCE LAW.
 § 27-3215. STATE PREEMPTION.
   JURISDICTION IN ALL MATTERS PERTAINING TO COVERED  PRODUCTS  RECYCLING
 IS, BY THIS TITLE, VESTED EXCLUSIVELY IN THE STATE. ANY PROVISION OF ANY
 LOCAL  LAW  OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERETO,
 GOVERNING COVERED PRODUCT RECYCLING SHALL, UPON THE  EFFECTIVE  DATE  OF
 THIS TITLE, BE PREEMPTED; PROVIDED HOWEVER, THAT NOTHING IN THIS SECTION
 SHALL  PRECLUDE  A PERSON FROM COORDINATING, FOR RECYCLING OR REUSE, THE
 COLLECTION OF COVERED PRODUCTS.
 § 27-3217. REPORT  AND  CRITERIA  FOR  IDENTIFYING  ADDITIONAL   COVERED
              PRODUCTS OR PRODUCT CATEGORIES.
   1.  THE  DEPARTMENT  SHALL BY NOVEMBER FIRST, TWO THOUSAND TWENTY-TWO,
 AND BIANNUALLY THEREAFTER, PUBLISH:
   A. A REVIEW AND EVALUATION OF THE PERFORMANCE OF EXISTING  STEWARDSHIP
 PROGRAMS IN THE STATE;
   B. LEGISLATIVE RECOMMENDATIONS THE DEPARTMENT WOULD PROPOSE TO IMPROVE
 EXISTING STEWARDSHIP PROGRAMS; AND
   C.  RECOMMENDATIONS  FOR  ESTABLISHING  NEW  STEWARDSHIP PROGRAMS. THE
 DEPARTMENT MAY IDENTIFY A PRODUCT OR PRODUCT CATEGORY AS A CANDIDATE FOR
 A STEWARDSHIP PROGRAM IF IT IS DETERMINED AFTER EVALUATION  OF  EACH  OF
 THE FOLLOWING THAT:
   (I)  A  STEWARDSHIP  PROGRAM  FOR THE PRODUCT OR PRODUCT CATEGORY WILL
 INCREASE THE RECOVERY OF MATERIALS FOR REUSE AND  RECYCLING  AND  REDUCE
 THE NEED FOR USE OF VIRGIN MATERIALS;
   (II)  A  STEWARDSHIP  PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL
 REDUCE THE COSTS OF WASTE MANAGEMENT TO LOCAL GOVERNMENTS AND TAXPAYERS;
   (III) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT  CATEGORY  WILL
 ENHANCE ENERGY CONSERVATION OR MITIGATE CLIMATE CHANGE IMPACTS;
   (IV) A STEWARDSHIP PROGRAM FOR THE PRODUCT OR PRODUCT CATEGORY WILL BE
 BENEFICIAL  FOR EXISTING AND NEW BUSINESSES AND INFRASTRUCTURE TO MANAGE

 S. 7508                            162                           A. 9508

 THE PRODUCTS AND LEAD TO THE DEVELOPMENT OF NEW  INDUSTRIES  TO  UTILIZE
 THE RECOVERED MATERIALS;
   (V) THERE EXISTS PUBLIC DEMAND FOR A STEWARDSHIP PROGRAM FOR THE PROD-
 UCT OR PRODUCT CATEGORY;
   (VI)  THERE  IS  SUCCESS IN COLLECTING AND PROCESSING SIMILAR TYPES OF
 PRODUCTS IN PROGRAMS IN OTHER STATES OR COUNTRIES; OR
   (VII) EXISTING VOLUNTARY STEWARDSHIP PROGRAMS FOR THE PRODUCT OR PROD-
 UCT CATEGORY IN THE STATE ARE NOT EFFECTIVE IN ACHIEVING THE  POLICY  OF
 THIS CHAPTER.
   2.  AT  LEAST  THIRTY  DAYS PRIOR TO PUBLISHING THE REPORT PURSUANT TO
 SUBDIVISION ONE OF THIS SECTION THE DEPARTMENT SHALL POST THE REPORT  ON
 ITS PUBLICLY ACCESSIBLE WEBSITE. WITHIN THAT PERIOD, A PERSON MAY SUBMIT
 TO THE DEPARTMENT WRITTEN COMMENTS REGARDING THE REPORT.
 § 27-3219. SEVERABILITY.
   THE  PROVISIONS  OF  THIS  TITLE SHALL BE SEVERABLE AND IF ANY PHRASE,
 CLAUSE, SENTENCE OR PROVISION OF THIS TITLE, OR THE APPLICABILITY THERE-
 OF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD INVALID, THE REMAINDER OF
 THIS TITLE AND THE APPLICATION THEREOF SHALL NOT BE AFFECTED THEREBY.
   § 2. The state finance law is amended by adding a new section 92-jj to
 read as follows:
   § 92-JJ. STEWARDSHIP ORGANIZATION FUND. 1. THERE IS HEREBY ESTABLISHED
 IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND  THE  COMMISSIONER  OF
 THE DEPARTMENT OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
 "STEWARDSHIP ORGANIZATION FUND".
   2.  THE  STEWARDSHIP  ORGANIZATION  FUND  SHALL CONSIST OF ALL REVENUE
 COLLECTED FROM FEES PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN
 OF THE ENVIRONMENTAL CONSERVATION LAW AND ANY COST RECOVERIES  OR  OTHER
 REVENUES  COLLECTED PURSUANT TO TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN
 OF THE ENVIRONMENTAL CONSERVATION LAW, AND ANY  OTHER  MONIES  DEPOSITED
 INTO THE FUND PURSUANT TO LAW.
   3.  MONEYS  OF  THE  FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE,
 SHALL BE USED FOR EXECUTION OF STEWARDSHIP ORGANIZATION PROGRAM ADMINIS-
 TRATION PURSUANT TO TITLE THIRTY-TWO  OF  ARTICLE  TWENTY-SEVEN  OF  THE
 ENVIRONMENTAL  CONSERVATION  LAW,  AND  EXPENDED FOR THE PURPOSES AS SET
 FORTH IN TITLE THIRTY-TWO OF ARTICLE TWENTY-SEVEN OF  THE  ENVIRONMENTAL
 CONSERVATION LAW.
   § 3. This act shall take effect immediately.
 
                                  PART TT
 
   Section 1. The opening paragraph of subdivision 1 and subdivision 2 of
 section  24-0107  of  the  environmental conservation law, as amended by
 chapter 654 of the laws of 1977, are amended to read as follows:
   "Freshwater wetlands" means lands and waters of the state [as shown on
 the freshwater wetlands map which] THAT HAVE AN AREA OF AT LEAST  TWELVE
 AND  FOUR-TENTHS  ACRES  IN SIZE, OR IF LESS THAN TWELVE AND FOUR-TENTHS
 ACRES ARE OF UNUSUAL IMPORTANCE; AND contain any or all of  the  follow-
 ing:
   2.  "Freshwater wetlands map" shall mean a map [promulgated] DEVELOPED
 by the department pursuant to section 24-0301 of this article  on  which
 are indicated the boundaries of any freshwater wetlands. THESE MAPS WILL
 SERVE THE PURPOSE OF EDUCATING THE PUBLIC ON THE APPROXIMATE LOCATION OF
 WETLANDS.    THESE  MAPS  ARE  FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT
 CONTROLLING FOR PURPOSES OF DETERMINING IF A WETLANDS PERMIT IS REQUIRED
 PURSUANT TO SECTION 24-0701 OF THIS ARTICLE.

 S. 7508                            163                           A. 9508
 
   § 2. Subdivisions 1, 2, 3, 4 and 5 of section 24-0301 of the  environ-
 mental conservation law are REPEALED.
   §  3.  Subdivisions 6, 7 and 8 of section 24-0301 of the environmental
 conservation law, subdivision 6 as amended by chapter 16 of the laws  of
 2010  and subdivision 7 as amended and subdivision 8 as added by chapter
 645 of the laws of 1977, are amended to read as follows:
   [6.] 1. Except as  provided  in  subdivision  [eight]  THREE  of  this
 section, the commissioner shall supervise the maintenance of [such boun-
 dary]  FRESHWATER  WETLANDS maps, which shall be available to the public
 [for inspection and examination at the regional office of the department
 in which the wetlands are wholly or partly located and in the office  of
 the clerk of each county in which each such wetland or a portion thereof
 is  located]  ON THE DEPARTMENT'S WEBSITE. The commissioner may readjust
 the map [thereafter to  clarify  the  boundaries  of  the  wetlands,  to
 correct  any  errors  on  the map, to effect any additions, deletions or
 technical changes on the map, and to reflect changes as have occurred as
 a result of the granting of permits pursuant to section 24-0703 of  this
 article,  or  natural  changes  which may have occurred through erosion,
 accretion, or otherwise. Notice of such readjustment shall be  given  in
 the same manner as set forth in subdivision five of this section for the
 promulgation of final freshwater wetlands maps. In addition, at the time
 notice  is  provided  pursuant  to subdivision five of this section, the
 commissioner shall update any digital image of the  map  posted  on  the
 department's  website  to reflect such readjustment] AT ANY TIME TO MORE
 ACCURATELY DEPICT THE APPROXIMATE LOCATION OF WETLANDS.
   [7.] 2. Except as  provided  in  subdivision  [eight]  THREE  of  this
 section,  the commissioner may, upon his own initiative, and shall, upon
 a written request by a landowner whose land or a portion thereof may  be
 included within a wetland, or upon the written request of another person
 or persons or an official body whose interests are shown to be affected,
 cause  to be delineated [more precisely] the boundary line or lines of a
 freshwater wetland or a portion thereof. [Such more precise  delineation
 of  a  freshwater wetland boundary line or lines shall be of appropriate
 scale and sufficient clarity to permit the ready identification of indi-
 vidual buildings and of other major man-made structures or facilities or
 significant geographical features with respect to the  boundary  of  any
 freshwater  wetland.]  The commissioner shall undertake to delineate the
 boundary of a particular wetland or wetlands, or a  particular  part  of
 the  boundary  thereof  only upon a showing by the applicant therefor of
 good cause for such [more precise] delineation and the establishment  of
 such [more precise] line.
   [8.]  3. The supervision of the maintenance of any freshwater wetlands
 map or portion thereof applicable  to  wetlands  within  the  Adirondack
 park, the readjustment and precise delineation of wetland boundary lines
 and  the  other  functions  and  duties  ascribed to the commissioner by
 subdivisions [six and seven] ONE  AND  TWO  of  this  section  shall  be
 performed  by  the  Adirondack  park  agency, which shall make such maps
 available [for public inspection and examination at its headquarters] ON
 THE AGENCY'S WEBSITE.
   § 4. Subdivisions 1 and 4 of  section  24-0701  of  the  environmental
 conservation law, subdivision 1 as amended by chapter 654 of the laws of
 1977  and  subdivision  4 as amended by chapter 697 of the laws of 1979,
 are amended to read as follows:
   1. [After issuance of the official  freshwater  wetlands  map  of  the
 state,  or  of  any  selected section or region thereof, any] ANY person
 desiring to conduct on freshwater wetlands [as  so  designated  thereon]

 S. 7508                            164                           A. 9508
 
 any  of  the  regulated  activities set forth in subdivision two of this
 section must obtain a permit as provided in this title.
   4.  [The] ON LANDS IN ACTIVE AGRICULTURAL USE, THE activities of farm-
 ers and other landowners  in  grazing  and  watering  livestock,  making
 reasonable  use  of  water resources, harvesting natural products of the
 wetlands, selectively cutting timber,  draining  land  or  wetlands  for
 growing  agricultural  products  and  otherwise  engaging  in the use of
 wetlands or other  land  for  growing  agricultural  products  shall  be
 excluded  from regulated activities and shall not require a permit under
 subdivision one [hereof] OF THIS SECTION,  except  that  structures  not
 required for enhancement or maintenance of the agricultural productivity
 of  the land and any filling activities shall not be excluded hereunder,
 and provided that the use of land [designated as  a  freshwater  wetland
 upon  the  freshwater  wetlands  map at the effective date thereof] THAT
 MEETS THE DEFINITION OF A FRESHWATER WETLAND IN SECTION 24-0107 OF  THIS
 ARTICLE  for uses other than those referred to in this subdivision shall
 be subject to the provisions of this article.
   § 5. Subdivision 5 of section 24-0703 of the  environmental  conserva-
 tion  law,  as amended by section 38 of part D of chapter 60 of the laws
 of 2012, is amended to read as follows:
   5. [Prior to the promulgation of the final freshwater wetlands map  in
 a  particular  area  and  the  implementation  of  a freshwater wetlands
 protection law or ordinance, no person shall conduct,  or  cause  to  be
 conducted,  any  activity  for  which a permit is required under section
 24-0701 of this title on any freshwater wetland unless he has obtained a
 permit from the commissioner under this section.] Any person may inquire
 of the department as to whether or not a given parcel of land  [will  be
 designated]  INCLUDES  a  freshwater  wetland subject to regulation. The
 department shall give a definite answer in writing within [thirty] SIXTY
 days of such request as to [whether] THE STATUS OF such parcel [will  or
 will not be so designated].  Provided that, in the event that weather or
 ground  conditions  prevent  the  department from making a determination
 within [thirty] SIXTY days, it may extend such period until  a  determi-
 nation  can be made. Such answer in the affirmative shall be reviewable;
 such an answer in the negative  shall  be  a  complete  defense  to  the
 enforcement of this article as to such parcel of land. [The commissioner
 may  by  regulation  adopted  after  public hearing exempt categories or
 classes of wetlands or individual wetlands which he determines not to be
 critical to the furtherance of the policies and purposes of  this  arti-
 cle.]
   §  6.  Subdivision 1 of section 24-0901 of the environmental conserva-
 tion law, as added by chapter 614 of the laws of  1975,  is  amended  to
 read as follows:
   1.  [Upon  completion of the freshwater wetlands map, the] THE commis-
 sioner shall confer with local government officials in  each  region  in
 which  the  inventory  has been conducted to establish a program for the
 protection of the freshwater wetlands of the state.
   § 7. Subdivisions 1 and 5 of  section  24-0903  of  the  environmental
 conservation  law,  as  added  by  chapter  614 of the laws of 1975, are
 amended to read as follows:
   1. [Upon completion of the freshwater wetlands map of the state, or of
 any selected section or region  thereof,  the]  THE  commissioner  shall
 [proceed  to] classify freshwater wetlands [so designated thereon] REGU-
 LATED PURSUANT TO SECTION 24-0701 OF THIS ARTICLE according    to  their
 most  appropriate  uses,  in  light  of  the values set forth in section
 24-0105 of this article and the present conditions of such wetlands. The

 S. 7508                            165                           A. 9508
 
 commissioner shall determine what uses of such wetlands are most compat-
 ible with the foregoing and shall prepare minimum land  use  regulations
 to  permit  only  such  compatible  uses.  The classifications may cover
 freshwater  wetlands in more than one governmental subdivision.  Permits
 pursuant to section 24-0701 of this article are required whether or  not
 a classification has been promulgated.
   5.  Prior to the adoption of any land use regulations governing fresh-
 water wetlands, the commissioner shall hold a public hearing thereon  in
 the area in which the affected freshwater wetlands are located, and give
 fifteen days prior notice thereof by POSTING ON THE DEPARTMENT'S WEBSITE
 OR  BY  publication  at  least once in a newspaper having general circu-
 lation in the area of the local government  involved.  The  commissioner
 shall  promulgate the regulations within thirty days of such hearing and
 POST SUCH ORDER ON THE DEPARTMENT'S WEBSITE OR publish  such  order  [at
 least once] in a newspaper having general circulation in the area of the
 local  government  affected  and  make  such  plan  available for public
 inspection and review; such order shall not  take  effect  until  thirty
 days after the filing thereof with the clerk of the county in which such
 wetland is located.
   §  8.  Subdivisions  2  and  3 of section 34-0104 of the environmental
 conservation law, as added by chapter 841  of  the  laws  of  1981,  are
 amended to read as follows:
   2.  Upon  completion  of  a  preliminary  identification of an erosion
 hazard area, the commissioner or his designated  hearing  officer  shall
 hold  a  public hearing in a place reasonably accessible to residents of
 the affected area in order to afford an opportunity for  any  person  to
 propose  changes  in  such  preliminary identification. The commissioner
 shall [give notice of such hearing to each owner of record, as shown  on
 the latest completed tax assessment rolls, of lands included within such
 area,  and  also  to the chief executive officer and clerk of each local
 government within the boundaries of which any portion of such  area  may
 be located, by certified mail at least thirty days prior to the date set
 for such hearing, and shall] insure that a copy of the preliminary iden-
 tification  is  available for public inspection at a convenient location
 [in such local government]. The commissioner shall also cause notice  of
 such  hearing  to  be published at least once, not more than thirty days
 nor fewer than ten days before the date set  for  such  hearing,  in  at
 least  one newspaper having general circulation in the area involved and
 in the environmental  notice  publication  provided  for  under  section
 3-0306 of this chapter.
   3.  After  considering  the  testimony  given at such hearings and the
 potential erosion hazard in accordance with the purposes and policies of
 this article, and after consultation with  affected  local  governments,
 the  commissioner  shall  issue  the final identification of the erosion
 hazard areas. Such final identification shall  not  be  made  less  than
 sixty  days  from the date of the public hearing required by subdivision
 two hereof. A copy of such final identification shall be  filed  in  the
 office  of  the clerk of each local government in which such area or any
 portion thereof is located. Notice [that such final  identification  has
 been made shall be given each owner of lands included within the erosion
 hazard  area,  as  such  ownership  is shown on the latest completed tax
 assessment rolls, by certified mail in any case where a notice by certi-
 fied mail was not sent pursuant to subdivision two of this section,  and
 in all other cases by first class mail. Such notice] shall also be given
 at  such  time  to  the chief executive officer of each local government

 S. 7508                            166                           A. 9508
 
 within the boundaries of which such erosion hazard area or  any  portion
 thereof is located.
   § 9. Paragraphs (a) and (b) of subdivision 8 of section 70-0117 of the
 environmental  conservation  law,  as  added by section 1 of part AAA of
 chapter 59 of the laws of 2009, are amended to read as follows:
   (a) All persons required to obtain a permit from the department pursu-
 ant to section 24-0701 of this chapter shall submit to the department an
 application fee in an amount [not to exceed the following:
   (i) fifty dollars per application for a permit for a minor project  as
 defined  in  this  article or modification to any existing permit issued
 pursuant to section 24-0701 of this chapter;
   (ii) fifty dollars per application for  a  permit  for  a  residential
 project  defined  as  associated  with  one  single  family dwelling and
 customary appurtenances thereto;
   (iii) one hundred dollars per application for multiple family dwelling
 and customary appurtenances thereto;
   (iv) two hundred dollars per application for a permit  for  any  other
 project as defined in this article] SPECIFIED IN REGULATIONS PROMULGATED
 BY THE DEPARTMENT.
   (b) All persons required to obtain a permit from the department pursu-
 ant to section 25-0402 of this chapter shall submit to the department an
 application fee in an amount [not to exceed the following:
   (i)  two  hundred  dollars  per  application  for a permit for a minor
 project as defined in this  article  or  modification  to  any  existing
 permit issued pursuant to section 25-0402 of this chapter;
   (ii)  nine  hundred dollars per application for a permit for a project
 as defined in this article] SPECIFIED IN REGULATIONS PROMULGATED BY  THE
 DEPARTMENT.
   §  10.  Paragraph (c) of subdivision 8 of section 70-0117 of the envi-
 ronmental conservation law, as added by section 1 of part AAA of chapter
 59 of the laws of 2009, is amended to read as follows:
   (c) [All fees] FEES collected pursuant to [this] PARAGRAPH (A) OF THIS
 subdivision shall be deposited [into the environmental  protection  fund
 pursuant to section ninety-two-s of the state finance law] TO THE CREDIT
 OF  THE  CONSERVATION FUND.  FEES COLLECTED PURSUANT TO PARAGRAPH (B) OF
 THIS SUBDIVISION  SHALL  BE  DEPOSITED  TO  THE  CREDIT  OF  THE  MARINE
 RESOURCES ACCOUNT OF THE CONSERVATION FUND.
   (D) APPLICATION FEES REQUIRED PURSUANT TO THIS SUBDIVISION WILL NOT BE
 REQUIRED FOR ANY STATE DEPARTMENT.
   § 11. The title heading of title 25 of article 71 of the environmental
 conservation  law,  as  added  by  chapter  182  of the laws of 1975, is
 amended to read as follows:
                 ENFORCEMENT OF ARTICLE 25 AND ARTICLE 34
 
   § 12. Section 71-2501 of the environmental conservation law, as  added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2501. Applicability of this title.
   The provisions of this title shall be applicable to the enforcement of
 article twenty-five AND ARTICLE THIRTY-FOUR.
   §  13.  Subdivisions  1  and 2 of section 71-2503 of the environmental
 conservation law, as amended by chapter 666 of the  laws  of  1989,  are
 amended to read as follows:
   1. Administrative sanctions.
   a.  Any  person  who violates, disobeys or disregards any provision of
 article twenty-five OR ARTICLE THIRTY-FOUR shall be liable to the people
 of the state for a civil penalty of not to exceed ten  thousand  dollars

 S. 7508                            167                           A. 9508
 
 for every such violation, to be assessed, after a hearing or opportunity
 to be heard, by the commissioner. Each violation shall be a separate and
 distinct  violation  and,  in  the  case of a continuing violation, each
 day's  continuance  thereof  shall  be  deemed  a  separate and distinct
 violation.  The penalty may be recovered in an  action  brought  by  the
 commissioner  in any court of competent jurisdiction. Such civil penalty
 may be released or compromised by the commissioner before the matter has
 been referred to the attorney general; and where such  matter  has  been
 referred  to  the  attorney general, any such penalty may be released or
 compromised and any action commenced to recover the same may be  settled
 and discontinued by the attorney general with the consent of the commis-
 sioner.
   b. Upon determining that significant damage to the functions and bene-
 fits  of  tidal wetlands OR COASTAL EROSION HAZARD AREAS is occurring or
 is imminent as a result of any violation of article twenty-five OR ARTI-
 CLE THIRTY-FOUR, including but not limited to (i) activity taking  place
 requiring  a permit under article twenty-five OR ARTICLE THIRTY-FOUR but
 for which no permit has been granted or (ii) failure on the  part  of  a
 permittee  to  adhere  to permit conditions, the commissioner shall have
 power to direct the violator to cease and desist from violating the act.
 In such cases the violator shall be provided an opportunity to be  heard
 within ten days of receipt of the notice to cease and desist.
   c.  Following a hearing held pursuant to section 71-1709 of this arti-
 cle, the commissioner shall have power to direct the violator  to  cease
 and  desist  from  violating  the  act and to restore the affected tidal
 wetland or area immediately adjacent thereto OR COASTAL  EROSION  HAZARD
 AREAS to its condition prior to the violation, insofar as that is possi-
 ble  within  a  reasonable time and under the supervision of the commis-
 sioner. Any order of the commissioner shall be enforceable in an  action
 brought  by the commissioner in any court of competent jurisdiction. Any
 civil penalty or order issued by the commissioner under this subdivision
 shall be reviewable in a proceeding under article seventy-eight  of  the
 civil practice law and rules.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-five OR ARTICLE THIRTY-FOUR shall, in addition, for the first
 offense, be guilty of a violation punishable by a fine of not less  than
 five  hundred nor more than five thousand dollars; for a second and each
 subsequent offense such person shall be guilty of a misdemeanor punisha-
 ble by a fine of not less than one thousand nor more than  ten  thousand
 dollars or a term of imprisonment of not less than fifteen days nor more
 than six months or both. In addition to or instead of these punishments,
 any  offender  shall  be  punishable  by  being  ordered by the court to
 restore the affected tidal wetland or area immediately adjacent  thereto
 OR  COASTAL  EROSION HAZARD AREAS to its condition prior to the offense,
 insofar as that is possible. The court shall specify a  reasonable  time
 for the completion of the restoration, which shall be effected under the
 supervision  of  the  commissioner. Each offense shall be a separate and
 distinct offense and, in the case of a continuing  offense,  each  day's
 continuance thereof shall be deemed a separate and distinct offense.
   §  14.  Section  71-2505  of  the  environmental  conservation law, as
 amended by chapter 249 of the laws  of  1997,  is  amended  to  read  as
 follows:
 § 71-2505. Enforcement.
   The  attorney  general, on his OR HER own initiative or at the request
 of the commissioner, shall prosecute persons who violate  article  twen-
 ty-five  OR  ARTICLE THIRTY-FOUR.   In addition the attorney general, on

 S. 7508                            168                           A. 9508
 
 his OR HER own initiative or at the request of the  commissioner,  shall
 have  the right to recover a civil penalty of up to ten thousand dollars
 for every violation of any provision of such [article] ARTICLES, and  to
 seek  equitable relief to restrain any violation or threatened violation
 of such [article]  ARTICLES  and  to  require  the  restoration  of  any
 affected  tidal  wetland or area immediately adjacent thereto OR COASTAL
 EROSION HAZARD AREA to its condition prior to the violation, insofar  as
 that  is possible, within a reasonable time and under the supervision of
 the commissioner. In the case of  a  continuing  violation,  each  day's
 continuance thereof shall be deemed a separate and distinct violation.
   §  15. Section 71-2507 of the environmental conservation law, as added
 by chapter 182 of the laws of 1975, is amended to read as follows:
 § 71-2507. Pollution of tidal wetlands OR COASTAL EROSION HAZARD AREA.
   Where any tidal wetlands OR COASTAL EROSION HAZARD AREA are subject to
 pollution, the commissioner and attorney general shall take  all  appro-
 priate  action to abate the pollution. In addition, the commissioner may
 restrict or order cessation of solid waste disposal, deep well disposal,
 or liquid waste disposal where such is polluting a given area  of  tidal
 wetland  OR  COASTAL  EROSION  HAZARD  AREA.  Where pesticides, chemical
 products, or fertilizer residues are the polluting agents,  the  commis-
 sioner shall confer with other appropriate public officials to limit the
 use of such substances at their source; after appropriate consultations,
 the  commissioner may make such rules and regulations as he deems neces-
 sary under section 3-0301 of [the environmental conservation  law]  THIS
 CHAPTER.
   §  16. This act shall take effect immediately, provided, however, that
 sections one, two, three, four, five, six, seven, eight and nine of this
 act shall take effect on January 1, 2022, except that any rule or  regu-
 lation necessary for the timely implementation of this act on its effec-
 tive date shall be promulgated on or before such date.
 
                                  PART UU
 
   Section  1.  This  act enacts into law components of legislation which
 are necessary to implement legislation relating to the Bay Park  Convey-
 ance Project.  Each component is wholly contained within a Subpart iden-
 tified  as  Subparts A through C. The effective date for each particular
 provision contained within such Subpart is set forth in the last section
 of such Subpart.   Any provision  in  any  section  contained  within  a
 Subpart,  including  the  effective  date  of the Subpart, 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 corre-
 sponding section of the Subpart in which it is found. Section  three  of
 this act sets forth the general effective date of this act.
 
                                 SUBPART A
 
   Section  1.  The county of Nassau, is hereby authorized, acting by and
 through the county legislature of such county,  and  the  department  of
 environmental  conservation,  acting  by and through the commissioner of
 such department or his or her designee, for the purpose of constructing,
 operating, maintaining and repairing a sub-surface sewer main, are here-
 by authorized to establish (a) permanent easements upon  and  under  the
 parklands described in sections four, five, seven, eight, ten and eleven
 of  this  act,  and (b) temporary easements upon and under the parklands
 described in sections three, six, and nine of  this  act.  Authorization

 S. 7508                            169                           A. 9508
 
 for  the  temporary easements described in sections three, six, and nine
 of this act shall cease upon the completion of the construction of  such
 sewer  main,  at which time the department of environmental conservation
 shall  restore  the surface of the parklands disturbed and the parklands
 shall continue to be used for park purposes as they were  prior  to  the
 establishment  of such temporary easements. Authorization for the perma-
 nent easements described in sections four, five, seven, eight,  ten  and
 eleven  of  this  act shall require that the department of environmental
 conservation restore the surface of  the  parklands  disturbed  and  the
 parklands shall continue to be used for park purposes as they were prior
 to the establishment of the permanent easements.
   §  2.  The  authorization  granted in section one of this act shall be
 effective only upon the condition that the county of Nassau dedicate  an
 amount  equal  to or greater than the fair market value of the permanent
 and temporary easements being  conveyed  and  the  temporary  alienation
 pursuant  to section one of this act to the acquisition of new parklands
 and/or capital improvements to existing park  and  recreational  facili-
 ties.
   §  3.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being  located  at  Bay  Park,
 Town  of  Hempstead,  County  of Nassau and State of New York being more
 particularly bounded and described as follows: beginning at a  point  on
 the northerly line of the Nassau County Sewage Treatment Plant property,
 said  Point  of  Beginning  being  South  68°00' East, as measured along
 northerly line of said sewage treatment plant, 543 feet plus  or  minus,
 from  the intersection of the northerly line Nassau County Sewage Treat-
 ment Plant with the westerly side  of  Compton  Street;  running  thence
 South  68°00'  East,  along  the northerly line of said sewage treatment
 plant, 247 feet plus or minus; thence South 07°04' West 196 feet plus or
 minus; thence North 78°37' West 33 feet  plus  or  minus;  thence  North
 06°10'  East  105  feet  plus or minus; thence North 30°53' West 56 feet
 plus or minus; thence North 64°27' West 190 feet plus or  minus;  thence
 North  20°21'  East  49 feet plus or minus, to the northerly line of the
 Nassau County  Sewage  Treatment  Plant,  at  the  Point  of  Beginning.
 Containing  within  said  bounds  19,700  square feet plus or minus. The
 above described temporary easement is for the construction of a  thirty-
 foot  diameter  access  shaft. The location of said access shaft is more
 particularly described in section four of this act.  Said  parcel  being
 part  of property designated as Section: 42 Block: A Lots: 50, 57 on the
 Nassau County Land and Tax Map.
   § 4. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Bay Park, Town of Hemp-
 stead, County of Nassau and State of New York  being  more  particularly
 bounded  and  described as follows: a circular easement with a radius of
 15 feet, the center of said circle being the following three (3) courses
 from the intersection of the northerly line of the Nassau County  Sewage
 Treatment Plant with the westerly side of Compton Street: running thence
 South  68°00'  East,  along  the northerly line of said sewage treatment
 plant, 581 feet plus or minus to the centerline of the  permanent  ease-
 ment  for  a  force  main  described in section five of this act; thence

 S. 7508                            170                           A. 9508
 
 South 21°34' West, along said centerline, 17 feet plus or minus;  thence
 South  14°28' West, continuing along said centerline, 1,439 feet plus or
 minus, to the center of the herein described circular easement. Contain-
 ing  within  said  bound  707 square feet plus or minus.  Said permanent
 easement is for an access shaft that extends from  the  surface  of  the
 ground  to  an  approximate  depth  of  70  feet.  Any permanent surface
 improvements for cathodic protection, if necessary, would be flush  with
 the  ground  surface  or  integrated  into site landscaping. Said parcel
 being part of property designated as Section: 42 Block: A Lots:  50,  57
 on the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-
 stead, County of Nassau and State of New York being a 20-foot wide strip
 of land more particularly bounded and described as follows: beginning at
 a  point  on  the  northerly  line of the Nassau County Sewage Treatment
 Plant property, said Point of Beginning  being  South  68°00'  East,  as
 measured  along  northerly line of said sewage treatment plant, 571 feet
 plus or minus, from the intersection of the northerly line Nassau County
 Sewage Treatment Plant with the westerly side of Compton Street; running
 thence South 68°00' East, along the northerly line of said sewage treat-
 ment plant, 20 feet plus or minus; thence South 21°34' West 17 feet plus
 or minus; thence South 14°28' West 1,463  feet  plus  or  minus;  thence
 North  75°32' West 20 feet plus or minus; thence North 14°28' East 1,464
 feet plus or minus; thence North 21°34' East 18 feet plus or  minus,  to
 the  northerly  line of the Nassau County Sewage Treatment Plant, at the
 Point of Beginning. Containing within said bounds  29,600  square  feet.
 The above described permanent easement is for the construction and oper-
 ation  of  a  six-foot diameter force main at a minimum depth of fifteen
 feet below the ground surface. Said parcel being part of property desig-
 nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and
 Tax Map.
   § 6. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northwesterly line of the herein described temporary easement for
 the  force  main  shaft construction area, said Point of Beginning being
 more particularly described as commencing at  the  intersection  of  the
 southerly  side of Sunrise Highway Street with the southeasterly side of
 Lakeview Road; running thence southerly along the southeasterly side  of
 Lakeview Road 243 feet plus or minus, to the centerline of the permanent
 subsurface  easement  for  force main described in section eight of this
 act; thence South 60°06' East, along said centerline, 25  feet  plus  or
 minus, to the northwesterly line of the temporary easement for the force
 main shaft construction area, at the Point of Beginning.  Running thence
 North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70
 feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
 thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
 127  feet  plus  or minus, to the Point of Beginning.  Containing within
 said bounds 16,900 square feet plus or minus. The above described tempo-

 S. 7508                            171                           A. 9508
 
 rary easement is for the construction of a thirty-foot  diameter  access
 shaft.  The location of said access shaft is more particularly described
 in section seven of this act.  Said parcel being part of property desig-
 nated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax
 Map.
   §  7.  PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Hamlet of Wantagh, Town  of
 Hempstead, County of Nassau and State of New York being more particular-
 ly  bounded  and described as follows: a circular easement with a radius
 of 15 feet, the center of said circle being the following two (2) cours-
 es from the intersection of the southerly side of Sunrise  Highway  with
 the  southeasterly side of Lakeview Road: Southerly along the southeast-
 erly side of Lakeview Road 243 feet plus or minus, to the centerline  of
 the  permanent  subsurface easement for force main, described in section
 eight of this act; South 60°06' East, along  said  centerline,  51  feet
 plus  or minus, to the center of the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section:  56  Block:  Y
 Lot: 259 on the Nassau County Land and Tax Map.
   §  8.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of Hempstead, County of Nassau and State of New  York  being  a  20-foot
 wide  strip  of land more particularly bounded and described as follows:
 beginning at a point on the southeasterly side of  Lakeview  Road,  said
 Point  of Beginning being southwesterly 222 feet plus or minus, as meas-
 ured along the southeasterly side of Lakeview Road from the intersection
 of the southerly side of Sunrise Highway with the southeasterly side  of
 Lakeview  Road;  thence  South 60°06' East 49 feet plus or minus; thence
 South 32°15' East 1,759 feet plus or minus; thence South 16°16' West  53
 feet  plus  or minus; thence North 32°15' West 1,785 feet plus or minus;
 thence North 60°06' West 53 feet plus or  minus,  to  the  southeasterly
 side of Lakeview Road; thence North 48°13' East, along the southeasterly
 side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning.
 Containing  within  said  bounds  72,900  square feet plus or minus. The
 above described permanent easement is for the construction and operation
 of a six-foot diameter force main at a minimum  depth  of  fifteen  feet
 below  the ground surface. Said parcel being part of property designated
 as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map.
   § 9. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northerly line of the herein described temporary easement for the

 S. 7508                            172                           A. 9508
 
 force  main  shaft construction area, said Point of Beginning being more
 particularly described as commencing at the intersection of the souther-
 ly side of Byron Street with  the  easterly  side  of  Wantagh  Parkway;
 running  thence southerly along the easterly side of Wantagh Parkway 319
 feet plus or minus, to the centerline of the permanent subsurface  ease-
 ment  for  force  main,  described in section eleven of this act; thence
 South 19°15' East, along said centerline, 257 feet plus or minus, to the
 northerly line of the  temporary  easement  for  the  force  main  shaft
 construction  area,  at  the  Point  of  Beginning. Running thence North
 87°25' East 122 feet plus or minus; thence south  33°56'  East  68  feet
 plus  or  minus;  thence South 04°43' East 54 feet plus or minus; thence
 South 86°38' West 78 feet plus or minus; thence  South  02°20'  East  83
 feet  plus  or  minus;  thence South 47°04' West 103 feet plus or minus;
 thence South 86°22' West 28 feet plus or minus; thence North 08°39' West
 264 feet plus or minus; thence North 87°25' East 53 feet plus or  minus,
 to  the Point of Beginning.  Containing within said bounds 36,500 square
 feet plus or minus. The above described temporary easement  is  for  the
 construction  of  a  thirty-foot  diameter access shaft. The location of
 said access shaft is more particularly described in section ten of  this
 act. Said parcel being part of property designated as Section: 63 Block:
 261  Lots:  765G,  818A  (Part of Cedar Creek Park) on the Nassau County
 Land and Tax Map.
   § 10. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate, lying and being located at Hamlet of Wantagh, Town of
 Hempstead, County of Nassau and State of New York being more particular-
 ly bounded and described as follows: a circular easement with  a  radius
 of 15 feet, the center of said circle being the following two (2) cours-
 es  from the intersection of the southerly side of Byron Street with the
 easterly side of Wantagh Parkway: Southerly along the easterly  side  of
 Wantagh  Parkway 319 feet plus or minus, to the centerline of the perma-
 nent subsurface easement for force main, described in section eleven  of
 this act; thence South 19°15' East, along said centerline, 315 feet plus
 or  minus,  to  the  center  of  the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section: 63 Block:  261
 Lots:  765G,  818A  (Part of Cedar Creek Park) on the Nassau County Land
 and Tax Map.
   § 11. PERMANENT SUBSURFACE EASEMENT - Force main.  Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of  Hempstead,  County  of  Nassau and State of New York being a 20-foot
 wide strip of land more particularly bounded and described  as  follows:
 beginning at a point on the easterly side of Wantagh Parkway, said Point
 of  Beginning  being southerly 285 feet plus or minus, as measured along
 the easterly side of Wantagh Parkway from the intersection of the south-
 erly side of Byron Street with the easterly  side  of  Wantagh  Parkway;
 running  thence  South  19°15' East 349 feet plus or minus; thence South

 S. 7508                            173                           A. 9508
 
 02°17' East 1,882 feet plus or minus; thence  South  09°25'  East  1,202
 feet  plus  or  minus;  thence  South 80°35' West 20 feet plus or minus;
 thence North 09°25' West 1,203 feet plus or minus; thence  North  02°17'
 West 1,880 feet plus or minus; thence North 19°15' West 281 feet plus or
 minus,  to  the  easterly  side  of Wantagh Parkway; thence North 02°09'
 West, along the easterly side of Wantagh Parkway, 68 feet plus or minus,
 to the Point of Beginning. Containing within said bounds  68,000  square
 feet  plus  or  minus. The above described permanent easement is for the
 construction and operation of a six-foot diameter force main at a  mini-
 mum  depth  of  fifteen feet below the ground surface. Said parcel being
 part of property designated as Section: 63 Block: 261 Lots:  765G,  818A
 (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
   §  12.  In  the  event  that the county of Nassau received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  eleven  of  this act, the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the county of Nassau has complied with any applicable  federal  require-
 ments pertaining to the alienation or conversion of parklands, including
 satisfying  the secretary of the interior that the alienation or conver-
 sion complies with all conditions which the secretary  of  the  interior
 deems  necessary  to  assure  the  substitution  of other lands shall be
 equivalent in fair market value and usefulness to the lands being alien-
 ated or converted.
   § 13. This act shall take effect immediately.
 
                                 SUBPART B
 
   Section 1. The village of East Rockaway, in the county of  Nassau,  is
 hereby  authorized,  acting  by  and  through  the village board of such
 village, and the department of environmental conservation, acting by and
 through the commissioner of such department or his or her designee,  for
 the  purpose  of  constructing,  operating,  maintaining and repairing a
 sub-surface sewer main, are hereby authorized to establish (a) permanent
 easements upon and under the parklands described in  sections  four  and
 five  of this act, and (b) a temporary easement upon and under the park-
 lands described in section three of  this  act.  Authorization  for  the
 temporary  easement  described  in section three of this act shall cease
 upon the completion of the construction of the sewer main, at which time
 the department of environmental conservation shall restore  the  surface
 of  the  parklands disturbed and the parklands shall continue to be used
 for park purposes as they were prior to the grant of the temporary ease-
 ment. Authorization for the permanent easements  described  in  sections
 four  and five of this act shall require that the department of environ-
 mental conservation restore the surface of the parklands  disturbed  and
 the  parklands  shall continue to be used for park purposes as they were
 prior to the establishment of the permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon  the  condition  that the village of East Rockaway
 dedicate an amount equal to or greater than the fair market value of the
 permanent and temporary  easements  being  conveyed  and  the  temporary
 alienation pursuant to section one of this act to the acquisition of new
 parklands  and/or capital improvements to existing park and recreational
 facilities within the Village of East Rockaway.
   § 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-

 S. 7508                            174                           A. 9508
 
 ant  to  subdivision  (b)  of  section  one  of this act is described as
 follows: all that certain plot, piece or parcel of land  with  buildings
 and  improvements  thereon  erected, situate, lying and being located at
 Incorporated Village of East Rockaway, and the Hamlet of Oceanside, Town
 of  Hempstead, County of Nassau and State of New York being more partic-
 ularly bounded and described as follows:  beginning at a  point  on  the
 westerly  line  of the herein described temporary easement for the force
 main shaft construction area, said Point of Beginning being more partic-
 ularly described as commencing at the intersection of the  northeasterly
 side  of  Long  Island  Railroad  right-of-way with the easterly side of
 Ocean Avenue; running thence North 12°34' East, along the easterly  side
 of Ocean Avenue, 92 feet plus or minus, to the northerly line of proper-
 ty  designated  as  Section 38 Block E Lot 14, on the Nassau County Land
 and Tax Map; thence South 74°46' East, partly along said northerly line,
 206 feet plus or minus, to the westerly line of the temporary  easement,
 at the Point of Beginning. Running thence North 15°34' East 49 feet plus
 or  minus; thence South 67°33' East 238 feet plus or minus; thence South
 07°07' West 31 feet plus or minus; thence South  86°06'  West  161  feet
 plus  or  minus; thence South 64°59' West 117 feet plus or minus; thence
 North 15°34' East 140 feet plus or minus, to  the  Point  of  Beginning.
 Containing  within  said  bounds  23,000  square feet plus or minus. The
 above described temporary easement is for the construction of a  thirty-
 foot  diameter  access  shaft. The location of said access shaft is more
 particularly described in section four of this act.  Said  parcel  being
 part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A,
 21B on the Nassau County Land and Tax Map.
   §  4.  PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East Rockaway, and the Hamlet of Oceanside, Town of Hempstead, County of
 Nassau  and  State  of  New  York  being  more  particularly bounded and
 described as follows: a circular easement with a radius of 15 feet,  the
 center  of  said  circle  being the following three (3) courses from the
 intersection of the northeasterly side of Long Island Railroad right-of-
 way with the easterly side of Ocean Avenue; North 12°34' East, along the
 easterly side of Ocean Avenue, 92 feet plus or minus, to  the  northerly
 line  of  property designated as Section 38 Block E Lot 14 on the Nassau
 County Land and Tax Map; South 74°46' East, partly along the said north-
 erly line, 333 feet plus or minus, to the centerline of  the  subsurface
 easement  for  force  main described in section five of this act; thence
 South 19°04' West, along said centerline, 16 feet plus or minus, to  the
 center of the herein described circular easement. Containing within said
 bounds  a  surface area of 707 square feet plus or minus. Said permanent
 easement is for an access shaft that extends from  the  surface  of  the
 ground  to  an  approximate  depth  of  70  feet.  Any permanent surface
 improvements for cathodic protection, if necessary, would be flush  with
 the  ground  surface  or  integrated  into site landscaping. Said parcel
 being part of property designated as Section: 38, Block:  E,  Lots:  12,
 14, 21A, 21B on the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of

 S. 7508                            175                           A. 9508
 
 East  Rockaway,  and the Hamlet of Oceanside, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows: beginning at a point on the westerly  line  of
 the herein described permanent subsurface easement, said Point of Begin-
 ning being more particularly described as commencing at the intersection
 of  the northeasterly side of Long Island Railroad right-of-way with the
 easterly side of Ocean Avenue; running thence North 12°34'  East,  along
 the  easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
 erly line of property designated as Section 38 Block E  Lot  14  on  the
 Nassau  County  Land and Tax Map; thence South 74°46' East, partly along
 the said northerly line, 323 feet plus or minus, to the westerly line of
 the permanent easement, at the Point of Beginning.  Running thence North
 19°04' East 73 feet plus or minus, to the  northerly  line  of  property
 designated  as  Section 38 Block E Lot 21A on the Nassau County Land and
 Tax Map; thence South 60°10' East, along said northerly  line,  20  feet
 plus  or  minus;  thence South 19°04' West 82 feet plus or minus; thence
 South 15°40' East 116 feet plus or minus, to the south line of  property
 designated  as  Section 38 Block E Lot 21A on the Nassau County Land and
 Tax Map; thence North 88°09' West 21 feet plus or  minus;  thence  North
 15°40'  West  116  feet  plus or minus; thence North 19°04' East 19 feet
 plus or minus, to the Point of Beginning. Containing within said  bounds
 4,100  square feet plus or minus. The above described permanent easement
 is for the construction and operation of a six-foot diameter force  main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being  part  of  property designated as Section: 38, Block: E, Lots: 12,
 14, 21A, 21B on the Nassau County Land and Tax Map.
   § 6. In the event that the village of East Rockaway received any fund-
 ing support or assistance from the federal government for the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  five  of  this  act,  the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the village of East Rockaway has complied with  any  applicable  federal
 requirements  pertaining  to  the alienation or conversion of parklands,
 including satisfying the secretary of the interior that  the  alienation
 or  conversion  complies  with all conditions which the secretary of the
 interior deems necessary to assure the substitution of other lands shall
 be equivalent in fair market value and usefulness  to  the  lands  being
 alienated or converted.
   § 7. This act shall take effect immediately.
 
                                 SUBPART C
 
   Section  1.  The village of Rockville Centre, in the county of Nassau,
 acting by and through the board of trustees of  such  village,  and  the
 department  of  environmental  conservation,  acting  by and through the
 commissioner of such department or his or her designee, for the  purpose
 of  constructing,  operating,  maintaining  and  repairing a sub-surface
 sewer main, are hereby authorized to establish (a)  permanent  easements
 upon  and  under the parklands described in sections three, four and six
 of this act, and (b) temporary easements upon and  under  the  parklands
 described in sections five and seven of this act.  Authorization for the
 temporary  easements  described  in  sections five and seven of this act
 shall cease upon the completion of the construction of the  sewer  main,
 at which time the department of environmental conservation shall restore
 the  surface of the parklands disturbed and the parklands shall continue
 to be used for park purposes as they were prior  to  the  grant  of  the

 S. 7508                            176                           A. 9508
 
 temporary easements. Authorization for the permanent easements described
 in  sections  three,  four  and  six  of this act shall require that the
 department of environmental conservation  restore  the  surface  of  the
 parklands disturbed and the parklands shall continue to be used for park
 purposes  as they were prior to the establishment of the permanent ease-
 ments.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that the village of Rockville Centre
 dedicate an amount equal to or greater than the fair market value of the
 permanent and temporary  easements  being  conveyed  and  the  temporary
 alienation pursuant to section one of this act to the acquisition of new
 parklands  and/or capital improvements to existing park and recreational
 facilities within the village of Rockville Centre.
   § 3. PERMANENT SUBSURFACE EASEMENT - Force  Main.  Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Incorporated Village of
 East Rockaway, and the Incorporated Village of Rockville Centre, Town of
 Hempstead, County of Nassau and State of New York, being a 20-foot  wide
 strip  of  land  more particularly bounded and described as follows: the
 Point of Beginning being at the intersection of the  northerly  side  of
 Mill  River  Avenue  with  the  easterly side of Riverside Road; running
 thence northerly along the easterly side of Riverside Road 346 feet plus
 or minus; thence South 13°01' West 346 feet plus or minus, to the north-
 erly side of Mill River Avenue; thence westerly along the northerly side
 of Mill River Avenue, 17 feet plus or minus, to  the  easterly  side  of
 Riverside Road, at the Point of Beginning. Containing within said bounds
 3,100  square feet plus or minus. The above described permanent easement
 is for the construction and operation of a six-foot diameter force  main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being part of property designated as Section: 38 Block: 136 Lots: 231 on
 the Nassau County Land and Tax Map.
   §  4.  PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being more particularly bounded and described as a  circular
 easement  with  a radius of 15 feet, the center of said circle being the
 following two (2) courses from the intersection of the northerly side of
 Park Avenue with the easterly side of Oxford Road:  Easterly  along  the
 northerly side of Park Avenue, 203 feet plus or minus, to the centerline
 of the permanent subsurface easement for force main described in section
 six of this act; North 13°01' East, along said centerline, 953 feet plus
 or  minus,  to  the  center  of  the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section:  38  Block:  F
 Lots:  39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C on
 the Nassau County Land and Tax Map.

 S. 7508                            177                           A. 9508
 
   § 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon erected, situate, lying and being located at Incorporated
 Village of Rockville Centre, Incorporated Village of East Rockaway,  and
 Incorporated  Village  of  Lynbrook, Town of Hempstead, County of Nassau
 and State of New York being more particularly bounded and  described  as
 follows:  Beginning  at  a  point  on  the  southerly side of the herein
 described temporary easement for the force main shaft construction area,
 said Point of Beginning being more particularly described as  commencing
 at  the intersection of the northerly side of Park Avenue with the east-
 erly side of Oxford Road; running thence easterly  along  the  northerly
 side  of  Park  Avenue, 203 feet plus or minus, to the centerline of the
 permanent subsurface easement for force main described in section six of
 this act; thence North 13°01' East, along said centerline, 920 feet plus
 or minus, to the southerly line of the temporary easement, at the  Point
 of  Beginning.  Running thence North 76°19' West 136 feet plus or minus,
 to the easterly terminus  of  Merton  Avenue  (unopened);  thence  North
 76°19' West, through the unopened part of Merton Avenue, 48 feet plus or
 minus;  thence North 14°49' East 5' feet plus or minus, to the northerly
 side of Merton Avenue; thence North 14°49' East 27' feet plus or  minus;
 thence South 76°29' East 66 feet plus or minus; thence North 36°47' East
 61  feet plus or minus; thence North 78°41' East 145 feet plus or minus;
 thence South 65°54' East 46 feet plus or minus; thence South 29°39' West
 147 feet plus or minus; thence North 76°19' West 42 feet plus or  minus,
 to  the  Point of Beginning. Containing within said bounds 22,800 square
 feet plus or minus. The above described temporary easement  is  for  the
 construction  of  a  thirty-foot  diameter access shaft. The location of
 said access shaft is more particularly described in section four of this
 act. Said parcel being part of property designated as Section: 38 Block:
 F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,  50B,  50C
 on the Nassau County Land and Tax Map.
   §  6.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded
 and described as follows:  beginning at a point on the northerly side of
 Park Avenue, said Point of Beginning 193 feet plus or minus easterly, as
 measured along the northerly side of Park Avenue from  the  intersection
 of  the  northerly  side of Park Avenue with the easterly side of Oxford
 Road; running thence North 13°01' East 956 feet plus  or  minus;  thence
 North  44°00'  East 446 feet plus or minus, to the northeasterly line of
 property designated as Section 38 Block F Lot 50F, on the Nassau  County
 Land  and  Tax  Map;  thence South 53°10' East, along said northeasterly
 line, 20 feet plus or minus; thence South 44°00' West 443 feet  plus  or
 minus; thence South 13°01' West 950 feet plus or minus, to the northerly
 side  of  Park  Avenue;  thence  North 79°36' West, along said northerly
 side, 20 feet plus or minus to the Point of Beginning; containing within
 said bounds 28,000 square feet plus or minus. The above described perma-
 nent easement is for the construction and operation of a six-foot  diam-
 eter  force  main  at  a  minimum depth of fifteen feet below the ground

 S. 7508                            178                           A. 9508
 
 surface. Said parcel being part of property designated  as  Section:  38
 Block:  F  Lots:   39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,
 50B, 50C on the Nassau County Land and Tax Map.
   §  7.  TEMPORARY EASEMENT - Force Main Shaft Construction Area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being located at  Incorporated
 Village  of  Rockville  Centre,  Town of Hempstead, County of Nassau and
 State of New York being  more  particularly  bounded  and  described  as
 follows:  beginning  at a point on the northerly side of Sunrise Highway
 (New York State Route 27A), said Point of Beginning  being  distant  254
 feet  plus  or  minus  westerly  as measured along the northerly side of
 Sunrise Highway from the intersection of the northerly side  of  Sunrise
 Highway  with  the  westerly side of Forest Avenue; running thence North
 86°15' West, along the northerly side of Sunrise Highway, 175 feet  plus
 or  minus; thence South 68°26' West, continuing along the northerly side
 of Sunrise Highway, 111 feet plus or minus; thence North 14°47' West 162
 feet plus or minus, to the southerly side of the Long Island  Rail  Road
 right-of-way;  thence South 86°59' East, along the southerly side of the
 Long Island Rail Road, 479 feet plus or minus; thence South 01°59'  West
 75  feet  plus  or  minus, to the northerly side of the travelled way of
 Sunrise Highway, then 160 feet plus or minus along the arc or a circular
 curve to the left that has a radius of 850 feet and a chord  that  bears
 South  80°03'  West  160  feet  plus or minus to the Point of Beginning.
 Containing within said bounds 50,300 square  feet  plus  or  minus.  The
 above  described temporary easement is necessary for the construction of
 temporary access to the aqueduct below Sunrise Highway area. Said parcel
 being part of property designated as Section: 38 Block: 291 Lot:  17  on
 the Nassau County Land and Tax Map.
   §  8.  In  the event that the village of Rockville Centre received any
 funding support or  assistance  from  the  federal  government  for  the
 purchase,  maintenance,  or  improvement  of  the parklands set forth in
 sections three through seven of this act, the discontinuance and  alien-
 ation  of  such parklands authorized by the provisions of this act shall
 not occur until the village of Rockville Centre has  complied  with  any
 applicable  federal requirements pertaining to the alienation or conver-
 sion of parklands, including satisfying the secretary  of  the  interior
 that the alienation or conversion complies with all conditions which the
 secretary  of the interior deems necessary to assure the substitution of
 other lands shall be equivalent in fair market value and  usefulness  to
 the lands being alienated or converted.
   § 9. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a 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,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment 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.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.

 S. 7508                            179                           A. 9508
 
                                  PART VV
 
   Section  1.  Subdivision  13  of  section 23-0101 of the environmental
 conservation law, as amended by chapter 846 of  the  laws  of  1981,  is
 amended  and  four new subdivisions 21, 22, 23, and 24 are added to read
 as follows:
   13. "Plug and abandon" means the plugging, AND  replugging  if  neces-
 sary,  and  abandonment  of a WELL OR well bore including the placing of
 all bridges, plugs, and fluids therein and the restoration and  reclama-
 tion  of  the  surface  OF  AFFECTED LAND in the immediate vicinity to a
 reasonable condition consistent with the adjacent  terrain  UNLESS  SUCH
 RESTORATION  AND  RECLAMATION  OF THE SURFACE IS WAIVED BY THE LANDOWNER
 AND APPROVED BY THE DEPARTMENT.
   21. "ABANDONED" MEANS WELLS OR AFFECTED  LAND  REGULATED  PURSUANT  TO
 TITLES 1, 3, 5, 7, 11, 13 AND 19 OF THIS ARTICLE FOR WHICH THE RESPONSI-
 BLE  OWNER  OR OPERATOR NEGLECTS OR REFUSES TO COMPLY WITH ITS STATUTORY
 OR REGULATORY OBLIGATIONS AND RESPONSIBILITIES RELATED TO SUCH WELLS  OR
 AFFECTED LAND, AFTER NOTICE AND AS DETERMINED BY THE DEPARTMENT.
   22.  "AFFECTED  LAND" MEANS LAND OR LANDS IN THE IMMEDIATE VICINITY OF
 WELLS, INCLUDING WELL PADS AND  ACCESS  ROADS,  THAT  ARE  DISTURBED  OR
 IMPACTED,  OR POTENTIALLY DISTURBED OR IMPACTED, BY ACTIVITIES REGULATED
 PURSUANT TO TITLES 1, 3, 5, 7, 11, 13 AND 19 OF THIS ARTICLE.
   23. "ORPHANED" MEANS WELLS OR  AFFECTED  LAND  REGULATED  PURSUANT  TO
 TITLES 1, 3, 5, 7, 9, 11, 13 AND 19 OF THIS ARTICLE FOR WHICH NO RESPON-
 SIBLE OWNER OR OPERATOR EXISTS OR CAN BE REASONABLY FOUND, AS DETERMINED
 BY THE DEPARTMENT.
   24. "WELL" AND "WELL BORE" MEANS AN EXISTING OR PROPOSED HOLE, DRILLED
 OR  CONSTRUCTED,  THAT  IS  CASED,  UNCASED  OR BOTH, FOR THE PURPOSE OF
 PRODUCING OIL OR GAS OR BOTH, OR FOR THE PURPOSE OF A STORAGE,  SOLUTION
 MINING, INJECTION, MONITORING, STRATIGRAPHIC, BRINE DISPOSAL OR GEOTHER-
 MAL  WELL  REGULATED  PURSUANT TO TITLES 1, 3, 5, 7, 9, 11, 13 AND 19 OF
 THIS ARTICLE.
   § 2. Subdivision 8 of section 23-0305 of the  environmental  conserva-
 tion  law,  as  added by chapter 846 of the laws of 1981, paragraph e as
 amended by chapter 386 of the laws of 2005, paragraph f  as  amended  by
 chapter 721 of the laws of 1989, and paragraph k as added by chapter 891
 of the laws of 1984, is amended to read as follows:
   8.  With  respect  to  oil pools or fields [and], natural gas pools or
 fields, UNDERGROUND GAS STORAGE RESERVOIRS, AND WELLS AND THEIR AFFECTED
 LAND REGULATED PURSUANT TO TITLES ONE, THREE, FIVE, SEVEN, NINE, ELEVEN,
 THIRTEEN, AND NINETEEN OF THIS ARTICLE, the department shall have  power
 to:
   a.  Make  such  investigations as it deems proper to determine whether
 waste exists or is imminent.
   b. Require identification of ownership  of  producing  leases,  tanks,
 plants, structures and facilities for the transportation and refining of
 oil and gas.
   c.  Classify  and  reclassify  WELLS  OR AFFECTED LAND AS ABANDONED OR
 ORPHANED, pools as oil  or  gas  pools,  or  wells  as  oil  [or],  gas,
 INJECTION,  MONITORING,  OR UNDERGROUND STORAGE wells, AND REQUIRE IDEN-
 TIFICATION OF WELLS AS AN OIL, GAS,  INJECTION,  MONITORING,  OR  UNDER-
 GROUND  STORAGE  WELL,  including  the  delineation  of  boundaries  for
 purposes material to the interpretation or administration of this  arti-
 cle.
   d. Require the drilling, casing, operation, plugging and replugging of
 wells  and  reclamation of surrounding land in accordance with rules and

 S. 7508                            180                           A. 9508
 
 regulations of the department in such manner as to prevent or remedy the
 following, including but not limited to: the escape of oil,  gas,  brine
 or  water  out  of one stratum into another; the intrusion of water into
 oil  or  gas  strata other than during enhanced recovery operations; the
 pollution of fresh water supplies by  oil,  gas,  salt  water  or  other
 contaminants; and blowouts, cavings, seepages and fires.
   e.  Enter,  take  temporary  possession of, REPAIR, plug or replug any
 abandoned OR ORPHANED well as provided in  the  rules  and  regulations,
 whenever  any  owner or operator neglects or refuses to comply with such
 rules and regulations.  Such REPAIRING, plugging or  replugging  by  the
 department  shall  be at the expense of the owner or operator whose duty
 it may be to REPAIR OR plug the well and who  shall  hold  harmless  the
 state of New York for all accounts, damages, costs and judgments arising
 from  the  REPAIRING, plugging or replugging of the well and the surface
 restoration of the affected land. Primary liability for the  expense  of
 such REPAIRING, plugging or replugging and first recourse for the recov-
 ery  thereof  shall  be  to  the  operator  unless  a  contract  for the
 production, development, exploration or other working of  the  well,  to
 which  the lessor or other grantor of the oil and gas rights is a party,
 shall place such liability on the owner  or  on  the  owner  of  another
 interest  in  the  land  on which the well is situated. When an operator
 violates any provision of this article, any rule or  regulation  promul-
 gated  thereunder,  or any order issued pursuant thereto in reference to
 REPAIRING, plugging or replugging an abandoned  OR  ORPHANED  well,  the
 operator  may  not  transfer  the  operator's responsibility therefor by
 surrendering the lease. Prior to the commencement  of  drilling  of  any
 well,  the  operator shall be required to furnish to the department, and
 continuously maintain, a bond acceptable  to  it  conditioned  upon  the
 performance of said operator's plugging responsibilities with respect to
 said  well.   Upon the approval of the department, in lieu of such bond,
 the operator may deposit cash or negotiable bonds of the  United  States
 Government  of  like  amount  in  an escrow account conditioned upon the
 performance of said operator's plugging responsibilities with respect to
 said well. Any interest accruing  as  a  result  of  the  aforementioned
 escrow  deposit  shall  be  the  exclusive property of the operator. The
 aforementioned bonding requirements shall remain the obligation  of  the
 original operator regardless of changes in operators unless a subsequent
 operator  has  furnished  the  appropriate  bond or substitute as herein
 provided acceptable to the department and approval for the  transfer  of
 the  well  OPERATORSHIP, WHICH INCLUDES plugging AND SURFACE RESTORATION
 responsibilities, to the subsequent operator has  been  granted  by  the
 department.  The  failure  of  any  operator to maintain a bond or other
 financial security as prescribed herein shall  be  deemed  a  breach  of
 plugging  AND  SURFACE  RESTORATION  responsibilities  and  entitle  the
 department to claim the proceeds of the bond or other financial  securi-
 ty.  The  cost of REPAIRING, plugging or replugging any well, where such
 action is necessary or incident to the  commencing  or  carrying  on  of
 storage operations pursuant to section 23-1103 or 23-1301 shall be borne
 by the operator of the storage facility.
   f. Require that every person who produces, sells, purchases, acquires,
 stores  or injects oil or gas and associated fluids and every person who
 transports oil or gas in this state shall keep and maintain complete and
 accurate records of the quantities  thereof.  Quantities  of  associated
 fluids  injected  or produced may be reported as estimated volumes. True
 copies or duplicates shall be kept or  made  available  for  examination
 within  this  state  by  the  department or its agents at all reasonable

 S. 7508                            181                           A. 9508
 
 times and every such person shall file with the department such  reports
 concerning production, sales, purchases, acquisitions, injection, trans-
 portation or storage on a form provided by the department or approved by
 the department prior to submittal.
   g.  In addition to the powers provided for in titles 1, 3, 5 and 13 of
 article 71, order an immediate  suspension  of  drilling  or  production
 operations whenever such operations are being carried on in violation of
 this  article  or any rule or regulation promulgated thereunder or order
 issued pursuant thereto. Any order issued pursuant to this paragraph may
 be reviewed upon application of an aggrieved party by means of an  order
 to  show cause which order shall be issued by any justice of the supreme
 court in the judicial district in which any order applies and  shall  be
 returnable  on  the third succeeding business day following the issuance
 of such order. Service of such show cause order shall be made  upon  the
 regional  office  of  the  department for the region in which such order
 applies, and upon the attorney general by delivery of such order  to  an
 assistant  attorney  general at an office of the attorney general in the
 county in which venue of the proceeding is designated, or if there is no
 office of the attorney general within such county, at the office of  the
 attorney  general  nearest such county. Except as hereinabove specified,
 the proceeding to review an order under this paragraph shall be governed
 by article seventy-eight of the civil practice law and rules.
   h. Require the immediate reporting of any non-routine incident includ-
 ing but not limited to casing and drill  pipe  failures,  casing  cement
 failures,  fishing  jobs,  fires, seepages, blowouts and other incidents
 during drilling, completion, producing,  plugging  or  replugging  oper-
 ations  that  may  affect the health, safety, welfare or property of any
 person. The department may require the operator, or any  agent  thereof,
 to  record  any  data which the department believes may be of subsequent
 use for adequate evaluation of a non-routine incident.
   i. Require the taking and making of well logs,  well  samples,  direc-
 tional  surveys  and  reports on well locations and elevations, drilling
 and production,  and  further  require  their  filing  pursuant  to  the
 provisions of this article. Upon the request of the state geologist, the
 department  shall  cause such duplicate samples or copies of records and
 reports as may be required pursuant to this article to be  furnished  to
 him.
   j.  Give notice to persons engaged in underground mining operations of
 the commencement of any phase of oil or gas well  operations  which  may
 affect the safety of such underground mining operations or of the mining
 properties  involved. Rules and regulations promulgated under this arti-
 cle shall specify the distance from underground mining operations within
 which such notice shall be given and shall contain such other provisions
 as in the judgment of the department shall be necessary in the  interest
 of  safety.  The  department shall not be required to furnish any notice
 required by this paragraph unless  the  person  or  persons  engaged  in
 underground mining operations or having rights in mining properties have
 notified  the  department  of  the existence and location of such under-
 ground mining operations or properties.
   k. (1) Except as to production of gas from lands under the  waters  of
 Lake  Erie,  in  order  to  satisfy  the financial security requirements
 contained in paragraph e of this subdivision for wells  [less  than  six
 thousand  feet  in  depth] for which the department [either] ON OR AFTER
 OCTOBER FIRST, NINETEEN HUNDRED SIXTY-THREE shall have issued  or  shall
 issue  permits  to drill, DEEPEN, CONVERT OR PLUG BACK such wells or, on
 or after June fifth, nineteen hundred seventy-three, shall  have  issued

 S. 7508                            182                           A. 9508
 
 acknowledgements of notices of intention to drill such wells OR, FOR ALL
 WELLS  SUBJECT  TO  THIS ARTICLE FOR WHICH REQUESTS FOR TRANSFER OF WELL
 OPERATORSHIP, WHICH INCLUDES PLUGGING AND SURFACE RESTORATION  RESPONSI-
 BILITIES,  ARE APPROVED BY THE DEPARTMENT ON OR AFTER THE EFFECTIVE DATE
 OF THE CHAPTER OF THE LAWS OF TWO  THOUSAND  TWENTY  THAT  AMENDED  THIS
 PARAGRAPH, without any way affecting any obligations to plug such wells,
 the operator shall provide a bond or other financial security acceptable
 to the department [in the following amount:
   (i) for wells less than two thousand five hundred feet in depth:
   (a)  twenty-five  hundred dollars per well, provided that the operator
 shall not be required to provide  financial  security  under  this  item
 exceeding twenty-five thousand dollars for up to twenty-five wells;
   (b)  for twenty-six to fifty wells, twenty-five thousand dollars, plus
 twenty-five hundred dollars per well in  excess  of  twenty-five  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding forty thousand dollars;
   (c) for fifty-one to one hundred wells, forty thousand  dollars,  plus
 twenty-five  hundred dollars per well in excess of fifty wells, provided
 that the operator shall not be required to  provide  financial  security
 under this item exceeding seventy thousand dollars;
   (d)  for  over one hundred wells, seventy thousand dollars, plus twen-
 ty-five hundred dollars  per  well  in  excess  of  one  hundred  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding one hundred thousand dollars.
   (ii) for wells between two thousand five hundred feet and six thousand
 feet in depth:
   (a) five thousand dollars per well, provided that the  operator  shall
 not  be required to provide financial security under this item exceeding
 forty thousand dollars for up to twenty-five wells;
   (b) for twenty-six to fifty wells, forty thousand dollars,  plus  five
 thousand  dollars per well in excess of twenty-five wells, provided that
 the operator shall not be required to provide financial  security  under
 this item exceeding sixty thousand dollars;
   (c)  for  fifty-one to one hundred wells, sixty thousand dollars, plus
 five thousand dollars per well in excess of fifty wells,  provided  that
 the  operator  shall not be required to provide financial security under
 this item exceeding one hundred thousand dollars;
   (d) for over one hundred wells, one  hundred  thousand  dollars,  plus
 five  thousand dollars per well in excess of one hundred wells, provided
 that the operator shall not be required to  provide  financial  security
 under this item exceeding one hundred fifty thousand dollars].
   (2)  [In  the  event  that  an  operator shall have wells described in
 clauses (i) and (ii) of subparagraph (1) of this paragraph, in  lieu  of
 providing  financial  security under the provisions of each such clause,
 such operator may file financial security as  if  all  such  wells  were
 between two thousand five hundred feet and six thousand feet in depth.
   (3)]  For  ALL  wells  [greater  than six thousand feet in depth] THAT
 REQUIRE FINANCIAL SECURITY, the operator  [may  be  required  to]  SHALL
 provide  [additional]  THE DEPARTMENT WITH financial security consistent
 with criteria contained in rules and regulations [to  be  adopted],  AND
 ANY SUBSEQUENT RULES AND REGULATIONS ADOPTED BY THE DEPARTMENT to imple-
 ment  this [subparagraph] ARTICLE. THE DEPARTMENT IS AUTHORIZED TO ADOPT
 RULES AND REGULATIONS DETERMINING  THE  AMOUNT,  TYPE,  CONDITIONS,  AND
 TERMS OF THE FINANCIAL SECURITY.
   §  3.  Subdivision 9 of section 23-0305 of the environmental conserva-
 tion law, as amended by chapter 846 of the laws of 1981, paragraph d  as

 S. 7508                            183                           A. 9508
 
 amended  by  chapter  721 of the laws of 1989, paragraph e as amended by
 chapter 386 of the laws of 2005, and paragraph f as added by chapter 891
 of the laws of 1984, is amended to read as follows:
   9. With respect to solution mining areas the department shall have the
 power to:
   a.  Require  identification  of  ownership  of  producing  leases  and
 solution mining equipment such as structures, tanks,  gathering  systems
 and facilities for the transportation of salt brine.
   A-1.  CLASSIFY  AND  RECLASSIFY WELLS OR AFFECTED LAND AS ABANDONED OR
 ORPHANED, OR WELLS OR UNRESTORED LANDS REGULATED PURSUANT TO  TITLES  1,
 3, 5, 7, 9, 11, 13, AND 19 OF THIS ARTICLE, AND REQUIRE WELL IDENTIFICA-
 TION AS A SOLUTION MINING WELL OR MONITORING WELL.
   b.  Require  the  drilling, casing, operation and plugging of wells in
 accordance with rules and regulations of the department in such a manner
 as to prevent the loss or escape of oil or gas reserves to  the  surface
 or  to other strata; the intrusion of brine or water into commercial oil
 or gas reserves; the pollution of fresh water supplies by  oil,  gas  or
 salt  water,  and  to facilitate the efficient use of ground and surface
 waters in solution mining.
   c. Give notice to persons engaging in underground mining operations of
 the commencing of any phase of solution mining well operations which may
 affect the safety of such underground mining operations or of the mining
 properties involved. Rules and regulations  of  the  department  adopted
 pursuant  hereto shall specify the distance from such underground mining
 operations within which such notice shall be  given  and  shall  contain
 such  other  provisions  as  in  the judgment of the department shall be
 necessary in the  interest  of  safety.  The  department  shall  not  be
 required  to  furnish  any  notice  pursuant hereto unless the person or
 persons engaged in underground mining operations  or  having  rights  in
 mining  properties  have  notified  the  department of the existence and
 location of such underground mining operations or properties.
   d. Require metering or other measuring of brine produced  by  solution
 mining,  and the maintenance of the records from each cavity or group of
 interconnected cavities until the wells in a cavity  have  been  plugged
 and [abandoned] AFFECTED LAND RESTORED.  These records shall be given to
 the department on request.
   e.  Enter,  take  temporary  possession of, REPAIR, plug or replug any
 abandoned OR ORPHANED well as provided in  the  rules  and  regulations,
 whenever  any operator neglects or refuses to comply with such rules and
 regulations. Such REPAIRING, plugging or replugging  by  the  department
 shall  be at the expense of the owner or operator whose duty it shall be
 to REPAIR OR plug the well and who shall hold harmless the state of  New
 York  for  all  accounts,  damages,  costs and judgments arising for the
 REPAIRING, plugging or replugging of the well and the  surface  restora-
 tion  of  the  affected  land. Primary liability for the expense of such
 plugging or replugging and first recourse for the recovery thereof shall
 be to the operator unless a contract for  the  production,  development,
 exploration  or  other working of the well, to which the lessor or other
 grantor of the solution salt rights is a party, shall place such liabil-
 ity on the owner or on the owner of another  interest  in  the  land  on
 which  the  well is situated. When an operator violates any provision of
 this article, any rule or  regulation  promulgated  thereunder,  or  any
 order  issued  pursuant  thereto  in reference to REPAIRING, plugging or
 replugging an abandoned OR ORPHANED well, the operator may not  transfer
 the  operator's responsibility therefor by surrendering the lease. Prior
 to the commencement of drilling of any well to  which  this  subdivision

 S. 7508                            184                           A. 9508
 
 applies,  the  operator  shall be required to furnish to the department,
 and continuously maintain, a bond acceptable to it conditioned upon  the
 performance  of said operator's plugging AND SURFACE RESTORATION respon-
 sibilities  with  respect to said well. Upon the approval of the depart-
 ment, in lieu of such bond, the operator may deposit cash or  negotiable
 bonds  of  the  United  States  Government  of  like amount in an escrow
 account conditioned upon the performance of said operator's plugging AND
 SURFACE RESTORATION responsibilities with  respect  to  said  well.  Any
 interest  accruing as a result of aforementioned escrow deposit shall be
 the exclusive property  of  the  operator.  The  aforementioned  bonding
 requirements  shall  remain  the  obligation  of  the  original operator
 regardless of changes in operators  unless  a  subsequent  operator  has
 furnished the appropriate bond or substitute as herein provided accepta-
 ble to the department and approval for the transfer of the well plugging
 [responsibility]  AND SURFACE RESTORATION RESPONSIBILITIES to the subse-
 quent operator has been granted by the department. The  failure  of  any
 operator  to  maintain  a bond or other financial security as prescribed
 herein shall be deemed a breach  of  plugging  AND  SURFACE  RESTORATION
 responsibilities and entitle the department to claim the proceeds of the
 bond  or  other  financial  security.  Any order issued pursuant to this
 paragraph may be reviewed upon application  of  an  aggrieved  party  by
 means  of  an  order  to  show  cause which order shall be issued by any
 justice of the supreme court in the judicial district in which any  such
 order  applies  and shall be returnable on the third succeeding business
 day following the issuance of such order. Service  of  such  show  cause
 order  shall  be made upon the regional office of the department for the
 region in which such order applies, and upon  the  attorney  general  by
 delivery  of such order to an assistant attorney general at an office of
 the attorney general in the county in which venue of the  proceeding  is
 designated, or if there is no office of the attorney general within such
 county,  at  the  office  of  the  attorney general nearest such county.
 Except as hereinabove specified, the proceeding to review an order under
 this paragraph shall be governed by article seventy-eight of  the  civil
 practice law and rules.
   f.  (1)  In  order  to  satisfy  the  financial  security requirements
 contained in paragraph e of this subdivision for all wells for which the
 department [either] ON OR AFTER OCTOBER FIRST, NINETEEN  HUNDRED  SIXTY-
 THREE shall have issued or shall issue permits to drill, DEEPEN, CONVERT
 OR  PLUG  BACK  such  wells or, on or after June fifth, nineteen hundred
 seventy-three, shall have issued acknowledgements of notices  of  inten-
 tion  to  drill  such wells OR FOR ALL WELLS SUBJECT TO THIS ARTICLE FOR
 WHICH REQUESTS FOR TRANSFERS OF WELL OPERATORSHIP, WHICH INCLUDES  PLUG-
 GING  AND  SURFACE  RESTORATION  RESPONSIBILITIES,  ARE  APPROVED BY THE
 DEPARTMENT ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS  OF
 TWO  THOUSAND  TWENTY  THAT  AMENDED  THIS PARAGRAPH, without in any way
 affecting any obligation to plug such wells, the operator shall  provide
 a  bond or other financial security acceptable to the department [in the
 following amount:
   (i) for wells less than two thousand five hundred feet in depth:
   (a) twenty-five hundred dollars per well, provided that  the  operator
 shall  not  be  required  to  provide financial security under this item
 exceeding twenty-five thousand dollars for up to twenty-five wells;
   (b) for twenty-six to fifty wells, twenty-five thousand dollars,  plus
 twenty-five  hundred  dollars  per  well in excess of twenty-five wells,
 provided that the operator shall not be required  to  provide  financial
 security under this item exceeding forty thousand dollars;

 S. 7508                            185                           A. 9508

   (c)  for  fifty-one to one hundred wells, forty thousand dollars, plus
 twenty-five hundred dollars per well in excess of fifty wells,  provided
 that  the  operator  shall not be required to provide financial security
 under this item exceeding seventy thousand dollars;
   (d)  for  over one hundred wells, seventy thousand dollars, plus twen-
 ty-five hundred dollars  per  well  in  excess  of  one  hundred  wells,
 provided  that  the  operator shall not be required to provide financial
 security under this item exceeding one hundred thousand dollars.
   (ii) for wells between two thousand five hundred feet and six thousand
 feet in depth:
   (a) five thousand dollars per well provided that  the  operator  shall
 not  be required to provide financial security under this item exceeding
 forty thousand dollars for up to twenty-five wells;
   (b) for twenty-six to fifty wells, forty thousand dollars,  plus  five
 thousand  dollars per well in excess of twenty-five wells, provided that
 the operator shall not be required to provide financial  security  under
 this item exceeding sixty thousand dollars;
   (c)  for  fifty-one to one hundred wells, sixty thousand dollars, plus
 five thousand dollars per well in excess of fifty wells,  provided  that
 the  operator  shall not be required to provide financial security under
 this item exceeding one hundred fifty thousand dollars;
   (d) for over one hundred wells, one  hundred  thousand  dollars,  plus
 five  thousand dollars per well in excess of one hundred wells, provided
 that the operator shall not be required to  provide  financial  security
 under this item exceeding one hundred fifty thousand dollars].
   (2)  [In  the  event  that  an  operator shall have wells described in
 clauses (i) and (ii) of subparagraph (1) of this paragraph, in  lieu  of
 providing  financial  security under the provisions of each such clause,
 such operator may file financial security as  if  all  such  wells  were
 between two thousand five hundred feet and six thousand feet in depth.
   (3)  For  wells  greater than six thousand feet in depth, the operator
 may be required to provide additional financial security consistent with
 criteria contained in rules and regulation to be  adopted  to  implement
 this  subparagraph]  FOR  ALL WELLS THAT REQUIRE FINANCIAL SECURITY, THE
 OPERATOR SHALL PROVIDE THE DEPARTMENT WITH FINANCIAL SECURITY CONSISTENT
 WITH CRITERIA CONTAINED IN RULES AND  REGULATIONS,  AND  ANY  SUBSEQUENT
 RULES  AND REGULATIONS ADOPTED BY THE DEPARTMENT TO IMPLEMENT THIS ARTI-
 CLE. THE DEPARTMENT IS AUTHORIZED TO ADOPT RULES AND REGULATIONS  DETER-
 MINING  THE  AMOUNT,  TYPE,  CONDITIONS,  AND  TERMS  OF  THE  FINANCIAL
 SECURITY.
   § 4. Subdivision 14 of section 23-0305 of the environmental  conserva-
 tion law, as added by chapter 410 of the laws of 1987 and paragraph f as
 amended  by  chapter  386  of  the  laws  of 2005, is amended to read as
 follows:
   14. With respect to wells drilled deeper than five hundred feet  below
 the  earth's  surface for the purpose of conducting stratigraphic tests,
 for finding or producing hot water or steam,  for  injecting  fluids  to
 recover heat from the surrounding geologic materials or for the disposal
 of brines, the department shall have the power to:
   a.  Require all exploration, drilling and development operations to be
 conducted in accordance with standards promulgated by the department  in
 rules and regulations.
   b.  Conduct  investigations to determine the extent of compliance with
 this section and all rules, regulations and orders issued pursuant ther-
 eto.

 S. 7508                            186                           A. 9508
 
   c. Classify [a well  as  one  subject  to]  AND  RECLASSIFY  WELLS  OR
 AFFECTED  LANDS  AS  ABANDONED OR ORPHANED, TO WELLS OR UNRESTORED LANDS
 REGULATED PURSUANT TO TITLES 1, 3, 5, 7,  9,  11,  13  AND  19  OF  this
 [section] ARTICLE and require [its] WELL identification as a geothermal,
 stratigraphic or brine disposal well.
   d. Require the drilling, casing, operation, plugging and replugging of
 wells  subject  to  this  section and reclamation of surrounding land in
 accordance with rules and regulations of the department.
   e. Enter, take temporary possession of, REPAIR,  plug  or  replug  any
 abandoned  OR ORPHANED well [subject to this section] as provided in the
 rules and regulations, whenever the well's owner or operator neglects or
 refuses to comply with such rules and regulations. Such REPAIRING, plug-
 ging or replugging by the department shall be  at  the  expense  of  the
 owner  or operator whose duty it shall be to REPAIR OR plug the well and
 who shall hold harmless the state of New York for all accounts, damages,
 costs and judgments arising from the REPAIRING, plugging  or  replugging
 of the well and the surface restoration of the affected land.
   f.  (1)  Require  that  the  operator  furnish  to the department, and
 continuously maintain, a bond or other  financial  security  conditioned
 upon the satisfactory performance of the operator's plugging AND SURFACE
 RESTORATION responsibilities with respect to said [well] WELLS FOR WHICH
 THE  DEPARTMENT SHALL HAVE ISSUED OR SHALL ISSUE PERMITS TO DRILL, DEEP-
 EN, CONVERT OR PLUG BACK OR, FOR ALL WELLS SUBJECT TO THIS  ARTICLE  FOR
 WHICH  REQUESTS FOR TRANSFERS OF WELL OPERATORSHIP, WHICH INCLUDES PLUG-
 GING AND SURFACE  RESTORATION  RESPONSIBILITIES,  ARE  APPROVED  BY  THE
 DEPARTMENT  ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF
 TWO THOUSAND TWENTY THAT AMENDED THIS  PARAGRAPH.  The  failure  of  any
 operator  to  maintain  a bond or other financial security as prescribed
 herein shall be deemed a breach  of  plugging  AND  SURFACE  RESTORATION
 responsibilities and entitle the department to claim the proceeds of the
 bond  or other financial security. Such bond or other financial security
 shall be for an amount as determined  [pursuant  to  the  provisions  of
 paragraph  k  of subdivision eight of this section] BY AND ACCEPTABLE TO
 THE DEPARTMENT.
   (2) FOR ALL WELLS THAT REQUIRE FINANCIAL SECURITY, THE OPERATOR  SHALL
 PROVIDE  THE DEPARTMENT WITH FINANCIAL SECURITY CONSISTENT WITH CRITERIA
 CONTAINED IN RULES AND REGULATIONS, AND ANY SUBSEQUENT RULES  AND  REGU-
 LATIONS ADOPTED BY THE DEPARTMENT TO IMPLEMENT THIS ARTICLE. THE DEPART-
 MENT  IS  AUTHORIZED  TO  ADOPT  RULES  AND  REGULATIONS DETERMINING THE
 AMOUNT, TYPE, CONDITIONS, AND TERMS OF THE FINANCIAL SECURITY.
   g. In addition to the powers provided for in titles one,  three,  five
 and  thirteen of article seventy-one of this chapter, order an immediate
 suspension of operations carried on in violation of  the  oil,  gas  and
 solution  mining law or any rule or regulation promulgated thereunder or
 order issued pursuant thereto.
   h. Require  the  immediate  reporting  of  any  non-routine  incident,
 including  but  not  limited  to  casing and drill pipe failures, casing
 cement failures, fishing jobs, fires, seepages, blowouts and other inci-
 dents during drilling, completion,  producing,  plugging  or  replugging
 operations  that  may  affect the health, safety, welfare or property of
 any person or which may be injurious to plants or animals.  The  depart-
 ment may require the operator or any agent thereof to record and provide
 any data which the department believes may be of use for adequate evalu-
 ation of a non-routine incident.
   i. Require the taking and making of logs, samples, directional surveys
 and  reports  on  locations,  elevations,  drilling  and production, and

 S. 7508                            187                           A. 9508
 
 further require filing of such information pursuant to the provisions of
 the oil, gas and solution mining law. Upon  the  request  of  the  state
 geologist,  the department shall cause such samples or copies of records
 and reports to be furnished to the state geologist.
   j.  Give notice to persons engaged in underground mining operations of
 the commencement of any phase of  geothermal,  stratigraphic  and  brine
 disposal well operations which may affect the safety of such underground
 mining  operations  or of the mining properties involved. The department
 shall not be required to furnish any notice required by  this  paragraph
 unless the person or persons engaged in underground mining operations or
 having  rights  in mining properties have notified the department of the
 existence and location of such underground mining operations or  proper-
 ties.
   § 5. This act shall take effect immediately.
 
                                  PART WW
 
   Section  1.  Subdivision  3  of  section  23-0501 of the environmental
 conservation law, as added by chapter 386 of the laws of 2005, is renum-
 bered subdivision 4 and a new subdivision 3 is added to read as follows:
   3. NO PERMITS SHALL BE ISSUED AUTHORIZING AN APPLICANT TO DRILL, DEEP-
 EN, PLUG BACK, OR CONVERT WELLS THAT USE HIGH-VOLUME HYDRAULIC  FRACTUR-
 ING TO COMPLETE OR RECOMPLETE NATURAL GAS RESOURCES. FOR PURPOSE OF THIS
 SECTION, HIGH-VOLUME HYDRAULIC FRACTURING SHALL BE DEFINED AS THE STIMU-
 LATION  OF  A WELL USING THREE HUNDRED THOUSAND OR MORE GALLONS OF WATER
 AS THE BASE FLUID FOR HYDRAULIC FRACTURING FOR  ALL  STAGES  IN  A  WELL
 COMPLETION,  REGARDLESS  OF WHETHER THE WELL IS VERTICAL OR DIRECTIONAL,
 INCLUDING HORIZONTAL.
   § 2. This act shall take effect immediately.
 
                                  PART XX
 
   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 102-c to read as follows:
   §  102-C. BICYCLE WITH ELECTRIC ASSIST. EVERY MOTOR VEHICLE, INCLUDING
 ONE PARTIALLY POWERED BY HUMAN POWER, OTHER THAN ONE REGISTERED OR CAPA-
 BLE OF BEING REGISTERED PURSUANT TO THIS  CHAPTER  AS  A  MOTORCYCLE  OR
 LIMITED  USE  MOTORCYCLE,  HAVING  A SEAT OR A SADDLE FOR THE USE OF THE
 RIDER AND DESIGNED TO TRAVEL ON TWO WHEELS WHICH HAS AN  ELECTRIC  MOTOR
 NO  GREATER  THAN  SEVEN  HUNDRED  FIFTY  WATTS,  EQUIPPED WITH OPERABLE
 PEDALS, MEETING THE EQUIPMENT AND MANUFACTURING REQUIREMENTS  FOR  BICY-
 CLES  ADOPTED  BY THE CONSUMER PRODUCT SAFETY COMMISSION UNDER 16 C.F.R.
 PART 1512.1 ET SEQ. AND MEETING THE REQUIREMENTS OF ONE OF THE FOLLOWING
 THREE CLASSES:
   (A) "CLASS ONE BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH  ELECTRIC
 ASSIST  HAVING  AN ELECTRIC MOTOR THAT PROVIDES ASSISTANCE ONLY WHEN THE
 PERSON OPERATING SUCH BICYCLE WITH ELECTRIC ASSIST IS PEDALING, AND THAT
 CEASES TO PROVIDE ASSISTANCE WHEN  SUCH  BICYCLE  WITH  ELECTRIC  ASSIST
 REACHES A SPEED OF TWENTY MILES PER HOUR.
   (B)  "CLASS TWO BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH ELECTRIC
 ASSIST HAVING AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY  TO  PROPEL
 SUCH  BICYCLE WITH ELECTRIC ASSIST, AND THAT IS NOT CAPABLE OF PROVIDING
 ASSISTANCE WHEN SUCH BICYCLE WITH ELECTRIC ASSIST  REACHES  A  SPEED  OF
 TWENTY MILES PER HOUR.
   (C)  "CLASS  THREE BICYCLE WITH ELECTRIC ASSIST." SOLELY WITHIN A CITY
 HAVING A POPULATION OF ONE MILLION OR  MORE,  A  BICYCLE  WITH  ELECTRIC

 S. 7508                            188                           A. 9508
 
 ASSIST  HAVING  AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY TO PROPEL
 SUCH BICYCLE WITH ELECTRIC ASSIST, AND THAT IS NOT CAPABLE OF  PROVIDING
 ASSISTANCE  WHEN  SUCH  BICYCLE  WITH ELECTRIC ASSIST REACHES A SPEED OF
 TWENTY-FIVE MILES PER HOUR.
   § 2. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 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
 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, (A-2)  BICYCLE  WITH  ELECTRIC  ASSIST  AS  DEFINED  IN
 SECTION  ONE  HUNDRED TWO-C OF THIS ARTICLE, (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. 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.
   § 3. Subparagraph b of paragraph 1 of subdivision (a) of section  1202
 of the vehicle and traffic law, as amended by chapter 679 of the laws of
 1970, is amended to read as follows:
   b.  On a sidewalk, EXCEPT A BICYCLE WITH ELECTRIC ASSIST AS DEFINED IN
 SECTION ONE HUNDRED TWO-C OF THIS CHAPTER;
   § 4. The article heading of article 34 of the vehicle and traffic law,
 as amended by chapter 694 of the laws of 1995, is  amended  to  read  as
 follows:
                      OPERATION OF BICYCLES [AND], PLAY
                 DEVICES AND BICYCLES WITH ELECTRIC ASSIST
   §  5. Section 1231 of the vehicle and traffic law, as amended by chap-
 ter 694 of the laws of 1995, is amended to read as follows:
   § 1231. Traffic laws apply to persons riding bicycles  or  skating  or
 gliding  on  in-line  skates OR PERSONS OPERATING BICYCLES WITH ELECTRIC
 ASSIST; LOCAL LAWS.   1. Every person riding a  bicycle  or  skating  or
 gliding  on  in-line  skates  upon a roadway shall be granted all of the
 rights and shall be subject to all of the duties applicable to the driv-
 er of a vehicle by this title, except as to special regulations in  this
 article  and  except as to those provisions of this title which by their
 nature can have no application.
   2. (A) EXCEPT AS PROVIDED BY LOCAL  LAW,  ORDINANCE,  ORDER,  RULE  OR
 REGULATION  ENACTED  OR  PROMULGATED  PURSUANT  TO PARAGRAPH (B) OF THIS
 SUBDIVISION, BICYCLES WITH ELECTRIC  ASSIST  MAY  ONLY  BE  OPERATED  ON
 PUBLIC  HIGHWAYS  WITH  A POSTED SPEED LIMIT OF THIRTY MILES PER HOUR OR
 LESS, INCLUDING NON-INTERSTATE PUBLIC HIGHWAYS, PRIVATE  ROADS  OPEN  TO
 MOTOR  VEHICLE  TRAFFIC,  AND DESIGNATED BICYCLE OR IN-LINE SKATE LANES.
 EVERY PERSON OPERATING A BICYCLE WITH ELECTRIC ASSIST UPON A HIGHWAY  OR
 ROADWAY  SHALL  BE GRANTED ALL OF THE RIGHTS AND SHALL BE SUBJECT TO ALL
 OF THE DUTIES APPLICABLE TO THE DRIVER  OF  A  VEHICLE  BY  THIS  TITLE,
 EXCEPT AS TO SPECIAL REQUIREMENTS IN THIS ARTICLE AND EXCEPT AS TO THOSE
 PROVISIONS OF THIS TITLE WHICH BY THEIR NATURE CAN HAVE NO APPLICATION.

 S. 7508                            189                           A. 9508

   (B)  THE  GOVERNING  BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY, BY
 LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION,  FURTHER  REGULATE  THE
 MAXIMUM SPEED, TIME, PLACE AND MANNER OF THE OPERATION OF A BICYCLE WITH
 ELECTRIC  ASSIST  INCLUDING REQUIRING THE USE OF PROTECTIVE HEADWEAR AND
 WEARING READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL, AND LIMITING OR
 PROHIBITING THE USE THEREOF IN SPECIFIED AREAS UNDER THE JURISDICTION OF
 SUCH COUNTY, CITY, TOWN OR VILLAGE OR PROHIBIT ENTIRELY THE USE OF BICY-
 CLES  WITH  ELECTRIC  ASSIST  WITHIN SUCH COUNTY, CITY, TOWN OR VILLAGE.
 NOTWITHSTANDING TITLE EIGHT OF THIS CHAPTER, THE GOVERNING BODY  OF  ANY
 COUNTY,  CITY,  TOWN  OR VILLAGE SHALL NOT AUTHORIZE THE USE OF BICYCLES
 WITH ELECTRIC ASSIST UPON SIDEWALKS OR REGULATE THE PARKING, STANDING OR
 STOPPING OF BICYCLES WITH ELECTRIC ASSIST ON SIDEWALKS.
   § 6. The vehicle and traffic law is amended by adding  a  new  section
 1232-a to read as follows:
   §  1232-A.  OPERATING  BICYCLES  WITH ELECTRIC ASSIST. 1. EVERY PERSON
 OPERATING A BICYCLE WITH ELECTRIC ASSIST SHALL YIELD THE RIGHT OF WAY TO
 PEDESTRIANS.
   2. EVERY OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST SHALL  BE  SIXTEEN
 YEARS OF AGE OR OLDER.
   3. THE OPERATION OF A CLASS THREE BICYCLE WITH ELECTRIC ASSIST OUTSIDE
 A CITY HAVING A POPULATION OF ONE MILLION OR MORE IS PROHIBITED.
   4. NO PERSON SHALL OPERATE A CLASS ONE OR CLASS TWO BICYCLE WITH ELEC-
 TRIC  ASSIST IN EXCESS OF TWENTY MILES PER HOUR. NO PERSON SHALL OPERATE
 A CLASS THREE BICYCLE WITH ELECTRIC  ASSIST  IN  EXCESS  OF  TWENTY-FIVE
 MILES PER HOUR.
   5.  NO  PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST ON A SIDE-
 WALK.
   6. A FIRST VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL RESULT IN
 NO FINE. A SECOND OR SUBSEQUENT VIOLATION SHALL RESULT IN A  CIVIL  FINE
 NOT TO EXCEED FIFTY DOLLARS.
   §  7. Subdivision 1 of section 1233 of the vehicle and traffic law, as
 amended by chapter 703 of the laws  of  2004,  is  amended  to  read  as
 follows:
   1.  No  person OPERATING A BICYCLE WITH ELECTRIC ASSIST OR riding upon
 any bicycle, coaster, in-line skates, roller skates, skate board,  sled,
 or  toy vehicle shall attach the same or himself or herself to any vehi-
 cle being operated upon a roadway.
   § 8. Section 1234 of the vehicle and traffic law, as amended by  chap-
 ter 16 of the laws of 1996, is amended to read as follows:
   § 1234. Riding OR OPERATING on roadways, shoulders, bicycle or in-line
 skate  lanes  [and],  bicycle or in-line skate paths  AND LANES RESERVED
 FOR NON-MOTORIZED VEHICLES AND DEVICES.   (a)  Upon  all  roadways,  any
 bicycle,  BICYCLE  WITH ELECTRIC ASSIST or in-line skate shall be driven
 OR OPERATED either on a usable bicycle or in-line skate lane  or,  if  a
 usable  bicycle  or  in-line  skate lane has not been provided, near the
 right-hand curb or edge of the  roadway  or  upon  a  usable  right-hand
 shoulder in such a manner as to prevent undue interference with the flow
 of  traffic  except  when  preparing  for a left turn or when reasonably
 necessary to avoid conditions that would  make  it  unsafe  to  continue
 along  near  the  right-hand  curb  or edge. Conditions to be taken into
 consideration include, but are not limited to, fixed or moving  objects,
 vehicles,   bicycles,  in-line  skates,  pedestrians,  animals,  surface
 hazards or traffic lanes too narrow for a bicycle, BICYCLE WITH ELECTRIC
 ASSIST or person on in-line skates and a vehicle to travel safely  side-
 by-side within the lane.

 S. 7508                            190                           A. 9508
 
   (b)  Persons  riding  bicycles or skating or gliding on in-line skates
 upon a roadway shall not ride more than two abreast.  PERSONS  OPERATING
 BICYCLES  WITH  ELECTRIC  ASSIST  UPON A ROADWAY SHALL RIDE SINGLE FILE.
 Persons riding bicycles or skating or gliding on in-line skates OR OPER-
 ATING A BICYCLE WITH ELECTRIC ASSIST upon a shoulder, bicycle or in-line
 skate  lane,  or bicycle or in-line skates path, intended for the use of
 bicycles, ELECTRIC PERSONAL ASSISTIVE  MOBILITY  DEVICE,  BICYCLES  WITH
 ELECTRIC  ASSIST,  or  in-line  skates  may  ride two or more abreast if
 sufficient space is available, except that when passing a vehicle, bicy-
 cle [or], ELECTRIC PERSONAL  ASSISTIVE  MOBILITY  DEVICE,  BICYCLE  WITH
 ELECTRIC  ASSIST,  person  on in-line skates, or pedestrian, standing or
 proceeding along such shoulder, lane or path, persons  riding  bicycles,
 OPERATING  BICYCLES  WITH  ELECTRIC  ASSIST,  or  skating  or gliding on
 in-line skates shall ride, OPERATE, skate, or glide single file. Persons
 riding bicycles or skating or gliding on in-line skates upon  a  roadway
 shall  ride, skate, or glide single file when being overtaken by a vehi-
 cle.
   (c) Any person operating a bicycle, BICYCLE WITH  ELECTRIC  ASSIST  or
 skating  or gliding on in-line skates who is entering the roadway from a
 private road, driveway, alley or over a curb shall come to a  full  stop
 before entering the roadway.
   §  9. Section 1235 of the vehicle and traffic law, as amended by chap-
 ter 703 of the laws of 2004, is amended to read as follows:
   § 1235. Carrying articles. No person operating a bicycle  shall  carry
 any  package,  bundle, or article which prevents the driver from keeping
 at least one hand upon the handle bars.  NO PERSON OPERATING  A  BICYCLE
 WITH  ELECTRIC  ASSIST  SHALL CARRY ANY PACKAGE, BUNDLE OR ARTICLE WHICH
 PREVENTS THE OPERATOR FROM KEEPING AT LEAST ONE  HAND  UPON  THE  HANDLE
 BARS  OR WHICH OBSTRUCTS HIS OR HER VISION. No person skating or gliding
 on in-line skates shall carry any  package,  bundle,  or  article  which
 obstructs  his  or  her  vision  in any direction. No person operating a
 skate board shall carry any package, bundle, or article which  obstructs
 his or her vision in any direction.
   §  10. Section 1236 of the vehicle and traffic law, subdivision (a) as
 amended by chapter 16 of the laws of 2009 and subdivisions (d)  and  (e)
 as  added  by  chapter  887  of  the laws of 1976, is amended to read as
 follows:
   § 1236. Lamps and other equipment on bicycles AND BICYCLES WITH  ELEC-
 TRIC  ASSIST.  (a) Every bicycle OR BICYCLE WITH ELECTRIC ASSIST when in
 use during the period from one-half hour after sunset to  one-half  hour
 before  sunrise  shall  be equipped with a lamp on the front which shall
 emit a white light visible during hours of darkness from a  distance  of
 at  least  five  hundred feet to the front and with a red or amber light
 visible to the rear for three hundred feet. Effective July first,  nine-
 teen  hundred seventy-six, at least one of these lights shall be visible
 for two hundred feet from each side.
   (b) No person shall operate a bicycle OR BICYCLE WITH ELECTRIC  ASSIST
 unless  it  is  equipped with a bell or other device capable of giving a
 signal audible for a distance of at least one hundred feet, except  that
 a bicycle OR BICYCLE WITH ELECTRIC ASSIST shall not be equipped with nor
 shall  any person use upon a bicycle OR BICYCLE WITH ELECTRIC ASSIST any
 siren or whistle.
   (c) Every bicycle shall be equipped with a brake which will enable the
 operator to make the braked wheels skid on dry, level,  clean  pavement.
 EVERY  BICYCLE WITH ELECTRIC ASSIST SHALL BE EQUIPPED WITH A SYSTEM THAT
 ENABLES THE OPERATOR TO BRING THE DEVICE TO A CONTROLLED STOP.

 S. 7508                            191                           A. 9508
 
   (d) Every new bicycle shall be  equipped  with  reflective  tires  or,
 alternately,  a  reflex  reflector  mounted on the spokes of each wheel,
 said tires and reflectors to be of types approved by  the  commissioner.
 The  reflex  reflector  mounted on the front wheel shall be colorless or
 amber,  and  the  reflex  reflector  mounted  on the rear wheel shall be
 colorless or red.
   (e) Every bicycle when in use during the  period  from  one-half  hour
 after  sunset  to  one-half  hour  before sunrise shall be equipped with
 reflective devices or material  meeting  the  standards  established  by
 rules  and regulations promulgated by the commissioner; provided, howev-
 er, that such standards shall not  be  inconsistent  with  or  otherwise
 conflict  with  the  requirements  of  subdivisions  (a) and (d) of this
 section.
   § 11. The section heading of section 1238 of the vehicle  and  traffic
 law,  as  amended by chapter 267 of the laws of 1993, is amended to read
 as follows:
   Passengers on bicycles under one year of  age  prohibited;  passengers
 and  operators  under fourteen years of age to wear protective headgear;
 OPERATORS OF CLASS THREE BICYCLES WITH ELECTRIC ASSIST TO  WEAR  PROTEC-
 TIVE HEADGEAR.
   § 12. Section 1238 of the vehicle and traffic law is amended by adding
 a new subdivision 5-c to read as follows:
   5-C.  NO  PERSON  SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE A CLASS
 THREE BICYCLE WITH ELECTRIC ASSIST  UNLESS  SUCH  PERSON  IS  WEARING  A
 HELMET  MEETING  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER.  FOR THE
 PURPOSES OF THIS SUBDIVISION, WEARING A HELMET MEANS HAVING  A  PROPERLY
 FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
 STRAPS SECURELY FASTENED.
   § 13. Subdivision 6 of section 1238 of the vehicle and traffic law, as
 added  by  chapter  267 of the laws of 1993, paragraph (a) as amended by
 chapter 402 of the laws of 2001, and paragraph (c) as amended by chapter
 703 of the laws of 2004, is amended to read as follows:
   6. (a) Any person who violates the  provisions  of  subdivision  five,
 five-a [or], five-b OR FIVE-C of this section shall pay a civil fine not
 to exceed fifty dollars.
   (b) The court shall waive any fine for which a person who violates the
 provisions  of  subdivision  five AND SUBDIVISION FIVE-C of this section
 would be liable if such  person  supplies  the  court  with  proof  that
 between the date of violation and the appearance date for such violation
 such person purchased or rented a helmet.
   (c)  The  court may waive any fine for which a person who violates the
 provisions of subdivision five, five-a, [or] five-b, OR FIVE-C  of  this
 section  would  be  liable  if  the  court  finds that due to reasons of
 economic hardship such person was unable to purchase a helmet or due  to
 such  economic  hardship  such person was unable to obtain a helmet from
 the statewide in-line skate and bicycle helmet distribution program,  as
 established  in  section  two hundred six of the public health law, or a
 local distribution program.  SUCH WAIVER OF A FINE SHALL NOT APPLY TO  A
 SECOND  OR  SUBSEQUENT  CONVICTION  UNDER  SUBDIVISION  FIVE-C  OF  THIS
 SECTION.
   § 14. Subdivision 8 of section 1238 of the vehicle and traffic law, as
 amended by chapter 694 of the laws  of  1995,  is  amended  to  read  as
 follows:
   8.  A  police  officer  shall  only issue a summons for a violation of
 subdivision two, five, [or] five-a, OR  FIVE-C  of  this  section  by  a
 person less than fourteen years of age to the parent or guardian of such

 S. 7508                            192                           A. 9508
 
 person  if  the  violation by such person occurs in the presence of such
 person's parent or guardian and where such parent or guardian  is  eigh-
 teen  years  of  age  or more. Such summons shall only be issued to such
 parent  or  guardian,  and  shall  not be issued to the person less than
 fourteen years of age.
   § 15. Section 1240 of the vehicle and traffic law, as added by chapter
 468 of the laws of 2001, is amended to read as follows:
   § 1240. Leaving the scene of an incident involving a  wheeled  non-mo-
 torized  means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST
 without reporting in the second degree. 1. Any person age eighteen years
 or older operating a wheeled non-motorized means of conveyance,  includ-
 ing,  but  not  limited  to  bicycles, in-line skates, roller skates and
 skate boards, OR OPERATING A BICYCLE WITH ELECTRIC ASSIST, who,  knowing
 or having cause to know, that physical injury, as defined in subdivision
 nine  of  section  10.00  of  the  penal law, has been caused to another
 person, due to the operation of such non-motorized means  of  conveyance
 OR  BICYCLE  WITH  ELECTRIC ASSIST by such person, shall, before leaving
 the place where the said physical injury occurred, stop, and provide his
 name and residence, including street and street number, to  the  injured
 party,  if practical, and also to a police officer, or in the event that
 no police officer is in the vicinity of the place of said  injury,  then
 such person shall report said incident as soon as physically able to the
 nearest police station or judicial officer.
   2.  Leaving the scene of an incident involving a wheeled non-motorized
 means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST  without
 reporting in the second degree is a violation.
   § 16. Section 1241 of the vehicle and traffic law, as added by chapter
 468 of the laws of 2001, is amended to read as follows:
   §  1241.  Leaving the scene of an incident involving a wheeled non-mo-
 torized means of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC  ASSIST
 without reporting in the first degree.  1. Any person age eighteen years
 or  older operating a wheeled non-motorized means of conveyance, includ-
 ing, but not limited to bicycles,  in-line  skates,  roller  skates  and
 skate  boards, OR OPERATING A BICYCLE WITH ELECTRIC ASSIST, who, knowing
 or having cause to know, that serious physical  injury,  as  defined  in
 subdivision  ten  of  section 10.00 of the penal law, has been caused to
 another person, due to the operation  of  such  non-motorized  means  of
 conveyance OR BICYCLE WITH ELECTRIC ASSIST by such person, shall, before
 leaving the place where the said serious physical injury occurred, stop,
 and  provide his name and residence, including street and street number,
 to the injured party, if practical, and also to a police officer, or  in
 the event that no police officer is in the vicinity of the place of said
 injury,  then  such  person  shall report said incident as soon as phys-
 ically able to the nearest police station or judicial officer.
   2. Leaving the scene of an incident involving a wheeled  non-motorized
 means  of conveyance OR INVOLVING A BICYCLE WITH ELECTRIC ASSIST without
 reporting in the first degree is a class B misdemeanor.
   § 17. The vehicle and traffic law is amended by adding a  new  section
 1242 to read as follows:
   §  1242.  OPERATION  OF A BICYCLE WITH ELECTRIC ASSIST WHILE UNDER THE
 INFLUENCE OF ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES.  (A)  NO
 PERSON  SHALL  OPERATE  A  BICYCLE WITH ELECTRIC ASSIST WHILE HIS OR HER
 ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED BY  THE
 CONSUMPTION OF ALCOHOL.
   (I)  A  VIOLATION OF THIS SUBDIVISION SHALL BE AN OFFENSE AND SHALL BE
 PUNISHABLE BY A FINE OF NOT LESS THAN THREE  HUNDRED  DOLLARS  NOR  MORE

 S. 7508                            193                           A. 9508
 
 THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY OR COUN-
 TY  JAIL FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   (II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
 OF THIS SUBDIVISION AFTER BEING CONVICTED OF A VIOLATION OF ANY SUBDIVI-
 SION  OF  THIS SECTION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED
 BY A FINE OF NOT LESS THAN FIVE HUNDRED  DOLLARS  NOR  MORE  THAN  SEVEN
 HUNDRED  FIFTY  DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN THIRTY DAYS
 IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III) A  PERSON  WHO  OPERATES  A  BICYCLE  WITH  ELECTRIC  ASSIST  IN
 VIOLATION OF THIS SUBDIVISION AFTER BEING CONVICTED TWO OR MORE TIMES OF
 A  VIOLATION OF ANY SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING TEN
 YEARS SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A  FINE
 OF  NOT  LESS  THAN  SEVEN  HUNDRED  FIFTY DOLLARS NOR MORE THAN FIFTEEN
 HUNDRED DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN ONE HUNDRED  EIGHTY
 DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISON-
 MENT.
   (B) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HE OR
 SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR HER
 BLOOD, BREATH, URINE, OR SALIVA, AS DETERMINED BY THE CHEMICAL TEST MADE
 PURSUANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (C) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HE OR
 SHE IS IN AN INTOXICATED CONDITION.
   (D)  NO  PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE HIS
 OR HER ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS  IMPAIRED
 BY  THE  USE  OF  A DRUG AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF
 THIS CHAPTER.
   (E) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST  WHILE  HIS
 OR  HER ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED
 BY THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG  OR  DRUGS
 AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
   (F)  (I) A VIOLATION OF PARAGRAPH (B), (C), (D), OR (E) OF THIS SUBDI-
 VISION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT IN
 A PENITENTIARY OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY  A  FINE
 OF  NOT  LESS  THAN  FIVE  HUNDRED  DOLLARS  NOR  MORE THAN ONE THOUSAND
 DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
 OF PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING  BEEN
 CONVICTED  OF  A  VIOLATION  OF  PARAGRAPH  (B), (C), (D) OR (E) OF THIS
 SUBDIVISION, OR OF OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE INTOX-
 ICATED OR WHILE UNDER  THE  INFLUENCE  OF  DRUGS,  OR  WHILE  UNDER  THE
 COMBINED  INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN
 THE PRECEDING TEN YEARS, SHALL BE GUILTY OF A CLASS E FELONY  AND  SHALL
 BE PUNISHED BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
 BY A FINE OF NOT LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOU-
 SAND DOLLARS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III)  A  PERSON  WHO  OPERATES  A  BICYCLE  WITH  ELECTRIC  ASSIST IN
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF  THIS  SUBDIVISION  AFTER
 HAVING BEEN TWICE CONVICTED OF A VIOLATION OF ANY OF SUCH PARAGRAPH (B),
 (C), (D) OR (E) OF THIS SUBDIVISION OR OF OPERATING A BICYCLE WITH ELEC-
 TRIC  ASSIST WHILE INTOXICATED OR UNDER THE INFLUENCE OF DRUGS, OR WHILE
 UNDER THE COMBINED INFLUENCE OF DRUGS OR OF  ALCOHOL  AND  ANY  DRUG  OR
 DRUGS,  WITHIN  THE  PRECEDING  TEN  YEARS, SHALL BE GUILTY OF A CLASS D
 FELONY AND SHALL BE PUNISHED BY A FINE OF NOT  LESS  THAN  TWO  THOUSAND
 DOLLARS  NOR  MORE THAN TEN THOUSAND DOLLARS OR BY A PERIOD OF IMPRISON-

 S. 7508                            194                           A. 9508
 
 MENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH  FINE  AND  IMPRISON-
 MENT.
   2.  SENTENCING LIMITATIONS. NOTWITHSTANDING ANY PROVISION OF THE PENAL
 LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE  A  SENTENCE  OF  UNCONDITIONAL
 DISCHARGE  OR  A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVI-
 SION ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF CONDI-
 TIONAL DISCHARGE UNLESS SUCH CONDITIONAL DISCHARGE IS ACCOMPANIED  BY  A
 SENTENCE OF A FINE AS PROVIDED IN THIS SECTION.
   3.  SENTENCING:  PREVIOUS  CONVICTIONS. WHEN SENTENCING A PERSON FOR A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION  PURSUANT  TO  SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
 ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS  THE
 PERSON  MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
 OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN  THE
 PRECEDING  TEN  YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF PARA-
 GRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS  SECTION  PURSUANT
 TO  SUBPARAGRAPH  (III)  OF  PARAGRAPH  (F)  OF  SUBDIVISION ONE OF THIS
 SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE  PERSON  MAY
 HAVE  FOR  A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR, OR FOUR-A
 OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE  PRECEDING
 TEN  YEARS.    WHEN  SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH
 (II) OF PARAGRAPH (A) OF SUBDIVISION ONE  OF  THIS  SECTION,  THE  COURT
 SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION
 OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE
 WITHIN THE  PRECEDING  FIVE  YEARS.  WHEN  SENTENCING  A  PERSON  FOR  A
 VIOLATION  OF  SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF
 THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE  PERSON
 MAY  HAVE  FOR  A VIOLATION OF ANY SUBDIVISION OF SECTION ELEVEN HUNDRED
 NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING TEN YEARS.
   4. ARREST AND TESTING. (A) NOTWITHSTANDING THE PROVISIONS  OF  SECTION
 140.10  OF  THE  CRIMINAL PROCEDURE LAW, A POLICE OFFICER MAY, WITHOUT A
 WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION  OF  ANY  PARAGRAPH  OF
 SUBDIVISION  ONE  OF  THIS SECTION, IF SUCH VIOLATION IS COUPLED WITH AN
 ACCIDENT OR COLLISION IN WHICH SUCH PERSON IS INVOLVED,  WHICH  IN  FACT
 HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE OFFICER'S PRESENCE, WHEN HE
 OR  SHE HAS REASONABLE CAUSE TO BELIEVE THAT THE VIOLATION WAS COMMITTED
 BY SUCH PERSON. FOR THE PURPOSES OF  THIS  SUBDIVISION,  POLICE  OFFICER
 SHALL  ALSO  INCLUDE  A PEACE OFFICER AUTHORIZED TO ENFORCE THIS CHAPTER
 WHEN THE ALLEGED VIOLATION CONSTITUTES A CRIME.
   (B) BREATH TEST FOR OPERATORS OF BICYCLES WITH ELECTRIC ASSIST.  EVERY
 PERSON OPERATING A BICYCLE WITH ELECTRIC ASSIST WHICH HAS BEEN  INVOLVED
 IN  AN  ACCIDENT  OR  WHICH  IS  OPERATED  IN  VIOLATION  OF  ANY OF THE
 PROVISIONS OF THIS SECTION WHICH REGULATE THE MANNER IN WHICH A  BICYCLE
 WITH ELECTRIC ASSIST IS TO BE PROPERLY OPERATED SHALL, AT THE REQUEST OF
 A  POLICE  OFFICER,  SUBMIT  TO  A BREATH TEST TO BE ADMINISTERED BY THE
 POLICE OFFICER. IF SUCH TEST INDICATES THAT SUCH OPERATOR  HAS  CONSUMED
 ALCOHOL,  THE  POLICE  OFFICER  MAY REQUEST SUCH OPERATOR TO SUBMIT TO A
 CHEMICAL TEST IN THE MANNER  SET  FORTH  IN  SUBDIVISION  FIVE  OF  THIS
 SECTION.
   5. CHEMICAL TESTS. (A) ANY PERSON WHO OPERATES A BICYCLE WITH ELECTRIC
 ASSIST  SHALL  BE REQUESTED TO CONSENT TO A CHEMICAL TEST OF ONE OR MORE
 OF THE FOLLOWING: BREATH, BLOOD, URINE, OR SALIVA  FOR  THE  PURPOSE  OF
 DETERMINING  THE ALCOHOLIC OR DRUG CONTENT OF HIS OR HER BLOOD, PROVIDED
 THAT SUCH TEST IS ADMINISTERED AT THE DIRECTION OF A POLICE OFFICER: (I)
 HAVING REASONABLE CAUSE TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN
 VIOLATION OF THIS SUBDIVISION OR PARAGRAPH (A), (B), (C), (D) OR (E)  OF

 S. 7508                            195                           A. 9508
 
 SUBDIVISION  ONE  OF THIS SECTION AND WITHIN TWO HOURS AFTER SUCH PERSON
 HAS BEEN PLACED UNDER ARREST FOR ANY SUCH VIOLATION OR (II)  WITHIN  TWO
 HOURS  AFTER  A  BREATH TEST AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
 FOUR  OF  THIS  SECTION INDICATES THAT ALCOHOL HAS BEEN CONSUMED BY SUCH
 PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS  ESTABLISHED  BY
 THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
   (B)  FOR  THE  PURPOSE OF THIS SUBDIVISION "REASONABLE CAUSE" SHALL BE
 DETERMINED BY VIEWING THE  TOTALITY  OF  CIRCUMSTANCES  SURROUNDING  THE
 INCIDENT  WHICH,  WHEN  TAKEN  TOGETHER,  INDICATE THAT THE OPERATOR WAS
 OPERATING A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION OF  ANY  PARAGRAPH
 OF  SUBDIVISION ONE OF THIS SECTION. SUCH CIRCUMSTANCES MAY INCLUDE, BUT
 ARE NOT LIMITED TO: EVIDENCE THAT THE OPERATOR WAS OPERATING  A  BICYCLE
 WITH  ELECTRIC  ASSIST  IN  VIOLATION  OF ANY PROVISION OF THIS CHAPTER,
 LOCAL LAW, ORDINANCE, ORDER, RULE  OR  REGULATION  WHICH  REGULATES  THE
 MANNER  IN  WHICH A BICYCLE WITH ELECTRIC ASSIST BE PROPERLY OPERATED AT
 THE TIME OF THE INCIDENT; ANY VISIBLE  INDICATION  OF  ALCOHOL  OR  DRUG
 CONSUMPTION  OR IMPAIRMENT BY THE OPERATOR; AND OTHER EVIDENCE SURROUND-
 ING THE CIRCUMSTANCES OF THE INCIDENT WHICH INDICATES THAT THE  OPERATOR
 HAS  BEEN OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE IMPAIRED BY THE
 CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXICATED AT THE  TIME  OF  THE
 INCIDENT.
   6.  CHEMICAL  TEST  EVIDENCE. (A) UPON THE TRIAL OF ANY SUCH ACTION OR
 PROCEEDING ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY  ANY
 PERSON  ARRESTED  FOR A VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF
 THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR
 DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST ADMINISTERED  PURSUANT
 TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (B)  THE  FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF BLOOD ALCOHOL
 CONTENT, AS DETERMINED BY  SUCH  TESTS,  OF  A  PERSON  ARRESTED  FOR  A
 VIOLATION  OF  ANY  PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION AND WHO
 WAS OPERATING A BICYCLE WITH ELECTRIC ASSIST:
   (I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE  EVIDENCE  THAT  THE
 ABILITY OF SUCH PERSON TO OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS NOT
 IMPAIRED  BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN
 AN INTOXICATED CONDITION.
   (II) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT  LESS
 THAN  .07  OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE BUT NOT BE GIVEN
 PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH PERSON TO
 OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS IMPAIRED BY  THE  CONSUMPTION
 OF ALCOHOL.
   (III)  EVIDENCE  THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
 THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL  IN  HIS  OR  HER  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING  WHETHER  THE  ABILITY  OF  SUCH PERSON TO OPERATE A BICYCLE WITH
 ELECTRIC ASSIST WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (C) EVIDENCE OF A REFUSAL TO SUBMIT TO A CHEMICAL TEST OR ANY  PORTION
 THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL OR HEARING PROVIDED THE REQUEST
 TO  SUBMIT  TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE PROVISIONS OF
 SUBDIVISION FIVE OF THIS SECTION.
   7. LIMITATIONS. (A) A BICYCLE WITH ELECTRIC  ASSIST  OPERATOR  MAY  BE
 CONVICTED  OF  A  VIOLATION  OF PARAGRAPHS (A), (B), (C), (D) AND (E) OF
 SUBDIVISION ONE OF THIS SECTION, NOTWITHSTANDING THAT  THE  CHARGE  LAID

 S. 7508                            196                           A. 9508
 
 BEFORE  THE  COURT ALLEGED A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E)
 OF SUBDIVISION ONE OF THIS SECTION, AND REGARDLESS  OF  WHETHER  OR  NOT
 SUCH CONDITION IS BASED ON A PLEA OF GUILTY.
   (B)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION,  ANY  PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH
 CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE  VIOLATION  OF  THE
 PROVISIONS OF ONE OF THE PARAGRAPHS OF SUCH SUBDIVISION ONE AND NO OTHER
 DISPOSITION  BY  PLEA  OF  GUILTY TO ANY OTHER CHARGE IN SATISFACTION OF
 SUCH CHARGE SHALL BE AUTHORIZED;  PROVIDED,  HOWEVER,  IF  THE  DISTRICT
 ATTORNEY  UPON  REVIEWING  THE  AVAILABLE  EVIDENCE  DETERMINES THAT THE
 CHARGE OF A  VIOLATION  OF  SUBDIVISION  ONE  OF  THIS  SECTION  IS  NOT
 WARRANTED, HE OR SHE MAY CONSENT, AND THE COURT MAY ALLOW, A DISPOSITION
 BY PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
   8.  ENFORCEMENT  UPON  CRASH.  NOTWITHSTANDING  ANY  PROVISION OF THIS
 SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS  IN  CONJUNCTION
 WITH  A  CRASH  INVOLVING AN OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST.
 FOR THE PURPOSES OF THIS SUBDIVISION, "CRASH" SHALL MEAN COLLIDING  WITH
 A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
   § 18. This act shall take effect immediately.
 
                                  PART YY
 
   Section  1.  Section  13 of part U1 of chapter 62 of the laws of 2003,
 amending the vehicle and traffic law and other laws relating to increas-
 ing certain motor vehicle transaction fees, as amended by section  1  of
 part A of chapter 58 of the laws of 2017, is amended to read as follows:
   §  13.  This act shall take effect immediately; [provided however that
 sections one through seven of this act, the amendments to subdivision  2
 of  section  205  of  the tax law made by section eight of this act, and
 section nine of this act shall expire and be deemed repealed on April 1,
 2020; provided further, however, that the provisions of  section  eleven
 of  this  act  shall  take  effect April 1, 2004 and shall expire and be
 deemed repealed on April 1, 2020].
   § 2. Section 2 of part B of chapter 84 of the laws of  2002,  amending
 the  state  finance law relating to the costs of the department of motor
 vehicles, as amended by section 2 of part A of chapter 58 of the laws of
 2015, is amended to read as follows:
   § 2. This act shall take effect April 1, 2002; provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2002[; provided further, however,  that  this  act  shall
 expire and be deemed repealed on April 1, 2020].
   § 3. This act shall take effect immediately.
 
                                  PART ZZ
 
   Section  1. Section 5 of 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, as
 amended by section 3 of part D of chapter 58 of the  laws  of  2016,  is
 amended to read as follows:
   § 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 April
 1,  [2020]  2022;  provided  that any rules and regulations necessary to

 S. 7508                            197                           A. 9508
 
 implement the provisions of this act on its effective date  are  author-
 ized and directed to be completed on or before such date.
   § 2. This act shall take effect immediately.
 
                                 PART AAA
 
   Section  1.  The  vehicle  and  traffic law is amended by adding a new
 section 114-e to read as follows:
   § 114-E. ELECTRIC SCOOTER. EVERY TWO-WHEELED DEVICE THAT  IS  NO  MORE
 THAN  SIXTY INCHES IN LENGTH, TWENTY-SIX INCHES IN WIDTH, AND FIFTY-FIVE
 INCHES IN HEIGHT, WHICH IS DESIGNED TO TRANSPORT ONE PERSON  SITTING  OR
 STANDING  ON  THE  DEVICE  AND  CAN BE PROPELLED BY ANY POWER OTHER THAN
 MUSCULAR POWER.
   § 2. Section 125 of the vehicle and traffic law, as amended by chapter
 365 of the laws of 2008, is amended to read as follows:
   § 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
 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,  (A-2) ELECTRIC SCOOTERS, (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. 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.
   § 3. Subparagraph b of paragraph 1 of subdivision (a) of section  1202
 of the vehicle and traffic law, as amended by chapter 679 of the laws of
 1970, is amended to read as follows:
   b. On a sidewalk, EXCEPT AN ELECTRIC SCOOTER AS DEFINED IN SECTION ONE
 HUNDRED FOURTEEN-E OF THIS CHAPTER;
   §  4.  The  vehicle and traffic law is amended by adding a new article
 34-D to read as follows:
                               ARTICLE 34-D
                      OPERATION OF ELECTRIC SCOOTERS
 SECTION 1280. EFFECT OF REQUIREMENTS.
         1281. TRAFFIC LAWS APPLY TO PERSONS OPERATING ELECTRIC SCOOTERS;
                 LOCAL LAWS.
         1282. OPERATING ELECTRIC SCOOTERS.
         1283. CLINGING TO VEHICLES.
         1284. RIDING ON ROADWAYS, SHOULDERS AND LANES RESERVED FOR  NON-
                 MOTORIZED VEHICLES AND DEVICES.
         1285. LAMPS AND OTHER EQUIPMENT.
         1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR.
         1287. LEAVING  THE  SCENE  OF  AN INCIDENT INVOLVING AN ELECTRIC
                 SCOOTER WITHOUT REPORTING.
         1288. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE
                 OF ALCOHOL OR DRUGS.

 S. 7508                            198                           A. 9508
 
   § 1280. EFFECT OF REQUIREMENTS. THE PARENT OF ANY CHILD AND THE GUARD-
 IAN OF ANY WARD SHALL NOT AUTHORIZE OR KNOWINGLY PERMIT ANY  SUCH  CHILD
 OR WARD TO VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE.
   § 1281. TRAFFIC  LAWS  APPLY  TO  PERSONS OPERATING ELECTRIC SCOOTERS;
 LOCAL LAWS. 1. ELECTRIC SCOOTERS MAY ONLY BE OPERATED ON PUBLIC HIGHWAYS
 WITH A POSTED SPEED LIMIT OF THIRTY MILES PER HOUR  OR  LESS,  INCLUDING
 NON-INTERSTATE  PUBLIC  HIGHWAYS,  PRIVATE  ROADS  OPEN TO MOTOR VEHICLE
 TRAFFIC, AND DESIGNATED BICYCLE OR IN-LINE  SKATE  LANES.  EVERY  PERSON
 OPERATING AN ELECTRIC SCOOTER UPON A HIGHWAY OR ROADWAY SHALL BE GRANTED
 ALL  OF  THE RIGHTS AND SHALL BE SUBJECT TO ALL OF THE DUTIES APPLICABLE
 TO THE DRIVER OF A VEHICLE BY THIS TITLE, EXCEPT AS TO SPECIAL  REQUIRE-
 MENTS  IN  THIS  ARTICLE AND EXCEPT AS TO THOSE PROVISIONS OF THIS TITLE
 WHICH BY THEIR NATURE CAN HAVE NO APPLICATION.
   2. THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN  OR  VILLAGE  MAY,  BY
 LOCAL  LAW,  ORDINANCE,  ORDER, RULE OR REGULATION, FURTHER REGULATE THE
 MAXIMUM SPEED, TIME, PLACE AND  MANNER  OF  THE  OPERATION  OF  ELECTRIC
 SCOOTERS  INCLUDING REQUIRING THE USE OF PROTECTIVE HEADGEAR AND WEARING
 READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL, AND LIMITING OR PROHIB-
 ITING THE USE THEREOF IN SPECIFIED AREAS UNDER THE JURISDICTION OF  SUCH
 COUNTY,  CITY,  TOWN OR VILLAGE OR PROHIBIT ENTIRELY THE USE OF ELECTRIC
 SCOOTERS WITHIN SUCH COUNTY,  CITY,  TOWN  OR  VILLAGE.  NOTWITHSTANDING
 TITLE  EIGHT  OF  THIS  CHAPTER, THE GOVERNING BODY OF ANY COUNTY, CITY,
 TOWN OR VILLAGE MAY NOT AUTHORIZE THE  USE  OF  ELECTRIC  SCOOTERS  UPON
 SIDEWALKS  AND  IT MAY NOT REGULATE THE PARKING, STANDING OR STOPPING OF
 ELECTRIC SCOOTERS ON SIDEWALKS.
   § 1282. OPERATING ELECTRIC SCOOTERS. 1. NO ELECTRIC SCOOTER  SHALL  BE
 USED  TO  CARRY MORE THAN ONE PERSON AT ONE TIME. NO PERSON OPERATING AN
 ELECTRIC SCOOTER SHALL CARRY  ANY  PERSON  AS  A  PASSENGER  IN  A  PACK
 FASTENED TO THE OPERATOR OR FASTENED TO SUCH SCOOTER.
   2.  NO  PERSON  OPERATING AN ELECTRIC SCOOTER SHALL CARRY ANY PACKAGE,
 BUNDLE OR ARTICLE WHICH PREVENTS THE OPERATOR FROM KEEPING AT LEAST  ONE
 HAND  UPON  THE  HANDLE BARS OR WHICH OBSTRUCTS HIS OR HER VISION IN ANY
 DIRECTION.
   3. EVERY PERSON OPERATING AN ELECTRIC SCOOTER SHALL YIELD THE RIGHT OF
 WAY TO PEDESTRIANS.
   4. EVERY OPERATOR OF AN ELECTRIC SCOOTER SHALL BE SIXTEEN YEARS OF AGE
 OR OLDER.
   5. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER IN  EXCESS  OF  FIFTEEN
 MILES PER HOUR.
   6. THE OPERATION OF AN ELECTRIC SCOOTER ON A SIDEWALK IS PROHIBITED.
   7. (A) THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE MAY, BY
 LOCAL  LAW, ORDINANCE, ORDER, RULE OR REGULATION, AUTHORIZE AND REGULATE
 SHARED ELECTRIC SCOOTER  SYSTEMS  WITHIN  SUCH  COUNTY,  CITY,  TOWN  OR
 VILLAGE.  NO  SUCH  SHARED  SYSTEMS SHALL OPERATE WITHIN A CITY, TOWN OR
 VILLAGE EXCEPT AS AUTHORIZED BY SUCH LOCAL LAW, ORDINANCE,  ORDER,  RULE
 OR  REGULATION.  NO SUCH SHARED ELECTRIC SCOOTER SYSTEM SHALL OPERATE ON
 PUBLIC HIGHWAYS IN A COUNTY WITH  A  POPULATION  OF  NO  LESS  THAN  ONE
 MILLION  FIVE  HUNDRED EIGHTY-FIVE THOUSAND AND NO MORE THAN ONE MILLION
 FIVE HUNDRED EIGHTY-SEVEN THOUSAND AS OF THE TWO THOUSAND TEN  DECENNIAL
 CENSUS.  FOR  THE PURPOSES OF THIS SUBDIVISION, THE TERM SHARED ELECTRIC
 SCOOTER SYSTEM SHALL MEAN A NETWORK OF SELF-SERVICE AND PUBLICLY  AVAIL-
 ABLE ELECTRIC SCOOTERS, AND RELATED INFRASTRUCTURE, IN WHICH AN ELECTRIC
 SCOOTER TRIP BEGINS AND/OR ENDS ON ANY PUBLIC HIGHWAY.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ALL
 TRIP DATA, PERSONAL INFORMATION,  IMAGES,  VIDEOS,  AND  OTHER  RECORDED
 IMAGES  COLLECTED BY ANY SHARED ELECTRIC SCOOTER SYSTEM WHICH IS AUTHOR-

 S. 7508                            199                           A. 9508
 
 IZED TO OPERATE WITHIN A CITY, TOWN OR VILLAGE PURSUANT TO THIS SECTION:
 (I) SHALL BE FOR THE EXCLUSIVE  USE  OF  SUCH  SHARED  ELECTRIC  SCOOTER
 SYSTEM  AND  SHALL  NOT BE SOLD, DISTRIBUTED OR OTHERWISE MADE AVAILABLE
 FOR  ANY COMMERCIAL PURPOSE AND (II) SHALL NOT BE DISCLOSED OR OTHERWISE
 MADE ACCESSIBLE EXCEPT: (1) TO THE PERSON WHO IS  THE  SUBJECT  OF  SUCH
 DATA, INFORMATION OR RECORD; OR (2) IF NECESSARY TO COMPLY WITH A LAWFUL
 COURT  ORDER,  JUDICIAL  WARRANT SIGNED BY A JUDGE APPOINTED PURSUANT TO
 ARTICLE III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR  INDIVID-
 UAL  DATA, INFORMATION OR RECORDS PROPERLY ISSUED PURSUANT TO THE CRIMI-
 NAL PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES. PROVIDED,  HOWEV-
 ER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PRECLUDE
 THE EXCHANGE OF SUCH DATA, INFORMATION OR RECORDED IMAGES SOLELY FOR THE
 PURPOSE OF ADMINISTERING SUCH AUTHORIZED SHARED SYSTEM.
   8. A FIRST VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL RESULT IN
 NO  FINE.  A SECOND OR SUBSEQUENT VIOLATION SHALL RESULT IN A CIVIL FINE
 NOT TO EXCEED FIFTY DOLLARS.
   § 1283. CLINGING TO VEHICLES.  1.  NO  PERSON  OPERATING  AN  ELECTRIC
 SCOOTER  SHALL ATTACH SUCH SCOOTER, OR HIMSELF OR HERSELF TO ANY VEHICLE
 BEING OPERATED UPON A ROADWAY.
   2. NO VEHICLE OPERATOR SHALL KNOWINGLY PERMIT ANY PERSON TO ATTACH ANY
 ELECTRIC SCOOTER OR HIMSELF OR HERSELF TO  SUCH  OPERATOR'S  VEHICLE  IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
   §  1284.  RIDING ON ROADWAYS, SHOULDERS AND LANES RESERVED FOR NON-MO-
 TORIZED VEHICLES AND DEVICES. 1. UPON ALL ROADWAYS, ANY ELECTRIC SCOOTER
 SHALL BE OPERATED EITHER ON A USABLE BICYCLE OR IN-LINE SKATE  LANE  OR,
 IF  A  USABLE  BICYCLE OR IN-LINE SKATE LANE HAS NOT BEEN PROVIDED, NEAR
 THE RIGHT-HAND CURB OR EDGE OF THE ROADWAY OR UPON A  USABLE  RIGHT-HAND
 SHOULDER IN SUCH A MANNER AS TO PREVENT UNDUE INTERFERENCE WITH THE FLOW
 OF TRAFFIC EXCEPT WHEN PREPARING TO TURN LEFT AT AN INTERSECTION OR WHEN
 REASONABLY  NECESSARY  TO  AVOID CONDITIONS THAT WOULD MAKE IT UNSAFE TO
 CONTINUE ALONG NEAR THE RIGHT-HAND CURB OR EDGE OF THE  ROADWAY.  CONDI-
 TIONS  TO  BE  TAKEN INTO CONSIDERATION INCLUDE, BUT ARE NOT LIMITED TO,
 FIXED OR MOVING OBJECTS, VEHICLES, BICYCLES, IN-LINE SKATERS,  PEDESTRI-
 ANS,  ANIMALS, SURFACE HAZARDS AND TRAFFIC LANES TOO NARROW FOR AN ELEC-
 TRIC SCOOTER AND A VEHICLE TO  TRAVEL  SAFELY  SIDE-BY-SIDE  WITHIN  THE
 LANE.
   2.  PERSONS  OPERATING  ELECTRIC  SCOOTERS  UPON  A ROADWAY SHALL RIDE
 SINGLE FILE. PERSONS OPERATING ELECTRIC SCOOTERS UPON A SHOULDER,  BICY-
 CLE  OR  IN-LINE  SKATE LANE, OR BICYCLE OR IN-LINE SKATE PATH, INTENDED
 FOR THE USE OF BICYCLES, ELECTRIC PERSONAL ASSISTIVE  MOBILITY  DEVICES,
 ELECTRIC  SCOOTERS,  OR  IN-LINE  SKATES MAY RIDE TWO OR MORE ABREAST IF
 SUFFICIENT SPACE IS AVAILABLE, EXCEPT THAT WHEN PASSING A VEHICLE, BICY-
 CLE, ELECTRIC PERSONAL  ASSISTIVE  MOBILITY  DEVICE,  ELECTRIC  SCOOTER,
 PERSON ON IN-LINE SKATES OR PEDESTRIAN STANDING OR PROCEEDING ALONG SUCH
 SHOULDER,  LANE OR PATH, PERSONS OPERATING ELECTRIC SCOOTERS SHALL OPER-
 ATE SUCH SCOOTER IN SINGLE FILE.
   3. ANY PERSON OPERATING AN ELECTRIC SCOOTER WHO IS ENTERING THE  ROAD-
 WAY  FROM A PRIVATE ROAD, DRIVEWAY, ALLEY OR OVER A CURB SHALL COME TO A
 FULL STOP BEFORE ENTERING THE ROADWAY.
   § 1285. LAMPS AND OTHER EQUIPMENT. 1. EVERY ELECTRIC SCOOTER  WHEN  IN
 USE  DURING  THE PERIOD FROM ONE-HALF HOUR AFTER SUNSET TO ONE-HALF HOUR
 BEFORE SUNRISE SHALL BE EQUIPPED WITH A LAMP ON THE  FRONT  WHICH  SHALL
 EMIT  A  WHITE LIGHT VISIBLE DURING HOURS OF DARKNESS FROM A DISTANCE OF
 AT LEAST FIVE HUNDRED FEET TO THE FRONT AND WITH A RED LIGHT VISIBLE  TO
 THE  REAR  FOR THREE HUNDRED FEET. AT LEAST ONE OF THESE LIGHTS SHALL BE
 VISIBLE FOR TWO HUNDRED FEET FROM EACH SIDE.

 S. 7508                            200                           A. 9508
 
   2. NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS IT  IS  EQUIPPED
 WITH  A  BELL  OR  OTHER DEVICE CAPABLE OF GIVING A SIGNAL AUDIBLE FOR A
 DISTANCE OF AT LEAST ONE HUNDRED FEET, EXCEPT THAT  SUCH  SCOOTER  SHALL
 NOT  BE  EQUIPPED  WITH  NOR  SHALL ANY PERSON USE UPON SUCH SCOOTER ANY
 SIREN OR WHISTLE.
   3. EVERY ELECTRIC SCOOTER SHALL BE EQUIPPED WITH A SYSTEM THAT ENABLES
 THE OPERATOR TO BRING THE DEVICE TO A CONTROLLED STOP.
   § 1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR. 1. NO PERSON SIXTEEN OR
 SEVENTEEN  YEARS  OF AGE SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE AN
 ELECTRIC SCOOTER UNLESS SUCH PERSON IS WEARING A HELMET  MEETING  STAND-
 ARDS  ESTABLISHED  BY  THE  COMMISSIONER  PURSUANT  TO THE PROVISIONS OF
 SUBDIVISION TWO-A OF SECTION TWELVE HUNDRED THIRTY-EIGHT OF THIS  TITLE.
 AS  USED  IN  THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY
 FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
 STRAPS SECURELY FASTENED.
   2. ANY PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE  OF  THIS
 SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
   3.  THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES THE
 PROVISIONS OF SUBDIVISION ONE OF THIS SECTION WOULD BE  LIABLE  IF  SUCH
 PERSON  SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF VIOLATION
 AND THE APPEARANCE DATE FOR SUCH  VIOLATION  SUCH  PERSON  PURCHASED  OR
 RENTED A HELMET, WHICH MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
 SECTION,  OR IF THE COURT FINDS THAT DUE TO REASONS OF ECONOMIC HARDSHIP
 SUCH PERSON WAS UNABLE TO PURCHASE A HELMET  OR  DUE  TO  SUCH  ECONOMIC
 HARDSHIP  SUCH  PERSON  WAS UNABLE TO OBTAIN A HELMET FROM THE STATEWIDE
 IN-LINE SKATE AND BICYCLE HELMET DISTRIBUTION PROGRAM, AS ESTABLISHED IN
 SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW OR A LOCAL DISTRIBUTION
 PROGRAM. SUCH WAIVER OF FINE SHALL NOT APPLY TO A SECOND  OR  SUBSEQUENT
 CONVICTION UNDER SUBDIVISION ONE OF THIS SECTION.
   4.  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.
   § 1287. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
 WITHOUT REPORTING. 1. (A) ANY PERSON EIGHTEEN  YEARS  OF  AGE  OR  OLDER
 OPERATING AN ELECTRIC SCOOTER WHO, KNOWING OR HAVING CAUSE TO KNOW, THAT
 PHYSICAL  INJURY, AS DEFINED IN SUBDIVISION NINE OF SECTION 10.00 OF THE
 PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO  THE  OPERATION  OF
 SUCH  ELECTRIC  SCOOTER  BY  SUCH PERSON SHALL, BEFORE LEAVING THE PLACE
 WHERE SUCH PHYSICAL INJURY OCCURRED, STOP AND PROVIDE HIS  OR  HER  NAME
 AND RESIDENCE, INCLUDING STREET AND STREET NUMBER, TO THE INJURED PARTY,
 IF  PRACTICAL,  AND  ALSO  TO  A POLICE OFFICER, OR IN THE EVENT THAT NO
 POLICE OFFICER IS IN THE VICINITY OF THE PLACE OF SAID INJURY, THEN SUCH
 PERSON SHALL REPORT SAID INCIDENT AS SOON  AS  PHYSICALLY  ABLE  TO  THE
 NEAREST POLICE STATION OR JUDICIAL OFFICER.
   (B)  A  VIOLATION  OF  PARAGRAPH  (A)  OF  THIS SUBDIVISION SHALL BE A
 VIOLATION.
   2. (A) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER OPERATING AN ELECTRIC
 SCOOTER WHO, KNOWING OR HAVING CAUSE  TO  KNOW,  THAT  SERIOUS  PHYSICAL
 INJURY, AS DEFINED IN SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW,
 HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO THE OPERATION OF SUCH ELECTRIC
 SCOOTER  BY SUCH PERSON SHALL, BEFORE LEAVING THE PLACE WHERE SUCH SERI-
 OUS PHYSICAL INJURY OCCURRED, STOP AND PROVIDE HIS OR HER NAME AND RESI-
 DENCE, INCLUDING STREET AND STREET NUMBER,  TO  THE  INJURED  PARTY,  IF
 PRACTICAL,  AND ALSO TO A POLICE OFFICER, OR IN THE EVENT THAT NO POLICE

 S. 7508                            201                           A. 9508
 
 OFFICER IS IN THE VICINITY OF THE PLACE OF SAID INJURY, THEN SUCH PERSON
 SHALL REPORT SAID INCIDENT AS SOON AS PHYSICALLY  ABLE  TO  THE  NEAREST
 POLICE STATION OR JUDICIAL OFFICER.
   (B)  A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A CLASS
 B MISDEMEANOR.
   § 1288. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE  OF
 ALCOHOL  OR  DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A) NO PERSON SHALL
 OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER  ABILITY  TO  OPERATE  SUCH
 ELECTRIC SCOOTER IS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (I)  A  VIOLATION OF THIS SUBDIVISION SHALL BE AN OFFENSE AND SHALL BE
 PUNISHABLE BY A FINE OF NOT LESS THAN THREE  HUNDRED  DOLLARS  NOR  MORE
 THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY OR COUN-
 TY  JAIL FOR NOT MORE THAN FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRI-
 SONMENT.
   (II) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN  VIOLATION  OF  THIS
 SUBDIVISION  AFTER  BEING CONVICTED OF A VIOLATION OF ANY SUBDIVISION OF
 THIS SECTION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED BY A FINE
 OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN SEVEN HUNDRED  FIFTY
 DOLLARS, OR BY IMPRISONMENT OF NOT MORE THAN THIRTY DAYS IN A PENITENTI-
 ARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III)  A  PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF THIS
 SUBDIVISION AFTER BEING CONVICTED TWO OR MORE TIMES OF  A  VIOLATION  OF
 ANY  SUBDIVISION OF THIS SECTION WITHIN THE PRECEDING TEN YEARS SHALL BE
 GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A  FINE  OF  NOT  LESS
 THAN  SEVEN HUNDRED FIFTY DOLLARS NOR MORE THAN FIFTEEN HUNDRED DOLLARS,
 OR BY IMPRISONMENT OF NOT MORE THAN ONE HUNDRED EIGHTY DAYS IN  A  PENI-
 TENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (B)  NO  PERSON  SHALL OPERATE AN ELECTRIC SCOOTER WHILE HE OR SHE HAS
 .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR HER  BLOOD,
 BREATH, URINE, OR SALIVA, AS DETERMINED BY THE CHEMICAL TEST MADE PURSU-
 ANT TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (C)  NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HE OR SHE IS IN
 AN INTOXICATED CONDITION.
   (D) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER ABIL-
 ITY TO OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE USE OF A DRUG AS
 DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
   (E) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER WHILE HIS OR HER ABIL-
 ITY TO OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE COMBINED  INFLU-
 ENCE  OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS AS DEFINED BY SECTION
 ONE HUNDRED FOURTEEN-A OF THIS CHAPTER.
   (F)(I) A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS  SUBDIVI-
 SION SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY IMPRISONMENT IN A
 PENITENTIARY  OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR BY A FINE OF
 NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE  THOUSAND  DOLLARS,
 OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II)  A  PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF PARA-
 GRAPH (B), (C), (D)  OR  (E)  OF  THIS  SUBDIVISION  AFTER  HAVING  BEEN
 CONVICTED  OF  A  VIOLATION  OF  PARAGRAPH  (B), (C), (D) OR (E) OF THIS
 SUBDIVISION, OR OF OPERATING AN ELECTRIC SCOOTER  WHILE  INTOXICATED  OR
 WHILE  UNDER  THE INFLUENCE OF DRUGS, OR WHILE UNDER THE COMBINED INFLU-
 ENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN THE  PRECEDING
 TEN  YEARS, SHALL BE GUILTY OF A CLASS E FELONY AND SHALL BE PUNISHED BY
 A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR BY A  FINE  OF
 NOT  LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS,
 OR BY BOTH SUCH FINE AND IMPRISONMENT.

 S. 7508                            202                           A. 9508
 
   (III) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF  PARA-
 GRAPH  (B),  (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING BEEN TWICE
 CONVICTED OF A VIOLATION OF ANY OF SUCH PARAGRAPH (B), (C), (D)  OR  (E)
 OF THIS SUBDIVISION OR OF OPERATING AN ELECTRIC SCOOTER WHILE INTOXICAT-
 ED  OR  UNDER THE INFLUENCE OF DRUGS, OR WHILE UNDER THE COMBINED INFLU-
 ENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS, WITHIN THE  PRECEDING
 TEN  YEARS, SHALL BE GUILTY OF A CLASS D FELONY AND SHALL BE PUNISHED BY
 A FINE OF NOT LESS THAN TWO THOUSAND DOLLARS NOR MORE THAN TEN  THOUSAND
 DOLLARS  OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
 BY BOTH SUCH FINE AND IMPRISONMENT.
   2. SENTENCING LIMITATIONS. NOTWITHSTANDING ANY PROVISION OF THE  PENAL
 LAW,  NO  JUDGE  OR  MAGISTRATE SHALL IMPOSE A SENTENCE OF UNCONDITIONAL
 DISCHARGE FOR A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF  SUBDIVI-
 SION ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF CONDI-
 TIONAL  DISCHARGE  UNLESS SUCH CONDITIONAL DISCHARGE IS ACCOMPANIED BY A
 SENTENCE OF A FINE AS PROVIDED IN THIS SECTION.
   3. SENTENCING; PREVIOUS CONVICTIONS. WHEN SENTENCING A  PERSON  FOR  A
 VIOLATION  OF  PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
 SECTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  (F)  OF  SUBDIVISION
 ONE  OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE
 PERSON MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE,  FOUR,
 OR  FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE
 PRECEDING TEN YEARS.  WHEN SENTENCING A PERSON FOR A VIOLATION OF  PARA-
 GRAPH  (B),  (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION PURSUANT
 TO SUBPARAGRAPH (III) OF  PARAGRAPH  (F)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY
 HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,  OR  FOUR-A
 OF  SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING
 TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH (II)
 OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS  SECTION,  THE  COURT  SHALL
 CONSIDER  ANY  PRIOR  CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION OF
 ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITH-
 IN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF
 SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS  SECTION,
 THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A
 VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
 THIS TITLE WITHIN THE PRECEDING TEN YEARS.
   4. ARREST AND TESTING. (A) NOTWITHSTANDING THE PROVISIONS  OF  SECTION
 140.10  OF  THE  CRIMINAL PROCEDURE LAW, A POLICE OFFICER MAY, WITHOUT A
 WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION  OF  ANY  PARAGRAPH  OF
 SUBDIVISION  ONE  OF  THIS SECTION, IF SUCH VIOLATION IS COUPLED WITH AN
 ACCIDENT OR COLLISION IN WHICH SUCH PERSON IS INVOLVED,  WHICH  IN  FACT
 HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE OFFICER'S PRESENCE, WHEN HE
 OR  SHE HAS REASONABLE CAUSE TO BELIEVE THAT THE VIOLATION WAS COMMITTED
 BY SUCH PERSON.  FOR THE PURPOSES OF  THIS  SUBDIVISION  POLICE  OFFICER
 SHALL  ALSO  INCLUDE  A PEACE OFFICER AUTHORIZED TO ENFORCE THIS CHAPTER
 WHEN THE ALLEGED VIOLATION CONSTITUTES A CRIME.
   (B) BREATH TEST FOR OPERATORS OF  ELECTRIC  SCOOTERS.    EVERY  PERSON
 OPERATING  AN ELECTRIC SCOOTER WHICH HAS BEEN INVOLVED IN AN ACCIDENT OR
 WHICH IS OPERATED IN VIOLATION OF ANY OF THE PROVISIONS OF THIS  SECTION
 WHICH REGULATE THE MANNER IN WHICH AN ELECTRIC SCOOTER IS TO BE PROPERLY
 OPERATED  SHALL,  AT THE REQUEST OF A POLICE OFFICER, SUBMIT TO A BREATH
 TEST TO BE ADMINISTERED BY THE POLICE OFFICER. IF  SUCH  TEST  INDICATES
 THAT  SUCH OPERATOR HAS CONSUMED ALCOHOL, THE POLICE OFFICER MAY REQUEST
 SUCH OPERATOR TO SUBMIT TO A CHEMICAL TEST IN THE MANNER  SET  FORTH  IN
 SUBDIVISION FIVE OF THIS SECTION.

 S. 7508                            203                           A. 9508
 
   5.  CHEMICAL  TESTS.  (A)  ANY PERSON WHO OPERATES AN ELECTRIC SCOOTER
 SHALL BE REQUESTED TO CONSENT TO A CHEMICAL TEST OF ONE OR MORE  OF  THE
 FOLLOWING:  BREATH, BLOOD, URINE, OR SALIVA FOR THE PURPOSE OF DETERMIN-
 ING THE ALCOHOLIC OR DRUG CONTENT OF HIS OR  HER  BLOOD,  PROVIDED  THAT
 SUCH  TEST  IS  ADMINISTERED  AT  THE DIRECTION OF A POLICE OFFICER: (I)
 HAVING REASONABLE CAUSE TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN
 VIOLATION OF THIS SUBDIVISION OR PARAGRAPH (A), (B), (C), (D) OR (E)  OF
 SUBDIVISION  ONE  OF THIS SECTION AND WITHIN TWO HOURS AFTER SUCH PERSON
 HAS BEEN PLACED UNDER ARREST FOR ANY SUCH VIOLATION OR (II)  WITHIN  TWO
 HOURS  AFTER  A  BREATH TEST AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION
 FOUR OF THIS SECTION INDICATES THAT ALCOHOL HAS BEEN  CONSUMED  BY  SUCH
 PERSON  AND  IN ACCORDANCE WITH THE RULES AND REGULATIONS ESTABLISHED BY
 THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.
   (B) FOR THE PURPOSE OF THIS SUBDIVISION "REASONABLE  CAUSE"  SHALL  BE
 DETERMINED  BY  VIEWING  THE  TOTALITY  OF CIRCUMSTANCES SURROUNDING THE
 INCIDENT WHICH, WHEN TAKEN TOGETHER,  INDICATE  THAT  THE  OPERATOR  WAS
 OPERATING  AN ELECTRIC SCOOTER IN VIOLATION OF ANY PARAGRAPH OF SUBDIVI-
 SION ONE OF THIS SECTION. SUCH CIRCUMSTANCES MAY INCLUDE,  BUT  ARE  NOT
 LIMITED TO: EVIDENCE THAT THE OPERATOR WAS OPERATING AN ELECTRIC SCOOTER
 IN  VIOLATION  OF  ANY  PROVISION OF THIS CHAPTER, LOCAL LAW, ORDINANCE,
 ORDER, RULE OR REGULATION WHICH REGULATES THE MANNER IN WHICH  AN  ELEC-
 TRIC SCOOTER BE PROPERLY OPERATED AT THE TIME OF THE INCIDENT; ANY VISI-
 BLE INDICATION OF ALCOHOL OR DRUG CONSUMPTION OR IMPAIRMENT BY THE OPER-
 ATOR;  AND  OTHER EVIDENCE SURROUNDING THE CIRCUMSTANCES OF THE INCIDENT
 WHICH INDICATES THAT THE OPERATOR HAS BEEN OPERATING AN ELECTRIC SCOOTER
 WHILE IMPAIRED BY THE CONSUMPTION OF ALCOHOL OR DRUGS OR WAS INTOXICATED
 AT THE TIME OF THE INCIDENT.
   6. CHEMICAL TEST EVIDENCE. (A) UPON THE TRIAL OF ANY  SUCH  ACTION  OR
 PROCEEDING  ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN COMMITTED BY ANY
 PERSON ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF SUBDIVISION  ONE  OF
 THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE AMOUNT OF ALCOHOL OR
 DRUGS  IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST ADMINISTERED PURSUANT
 TO THE PROVISIONS OF SUBDIVISION FIVE OF THIS SECTION.
   (B) THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE OF  BLOOD  ALCOHOL
 CONTENT,  AS  DETERMINED  BY  SUCH  TESTS,  OF  A  PERSON ARRESTED FOR A
 VIOLATION OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS  SECTION  AND  WHO
 WAS OPERATING AN ELECTRIC SCOOTER:
   (I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
 ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER WAS  NOT  IMPAIRED
 BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN AN INTOX-
 ICATED CONDITION.
   (II)  EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
 THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE BUT NOT BE GIVEN
 PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH PERSON TO
 OPERATE AN ELECTRIC SCOOTER WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (III)  EVIDENCE  THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
 THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL  IN  HIS  OR  HER  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER
 WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   (C)  EVIDENCE OF A REFUSAL TO SUBMIT TO A CHEMICAL TEST OR ANY PORTION
 THEREOF SHALL BE ADMISSIBLE IN ANY TRIAL OR HEARING PROVIDED THE REQUEST

 S. 7508                            204                           A. 9508
 
 TO SUBMIT TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE  PROVISIONS  OF
 SUBDIVISION FIVE OF THIS SECTION.
   7. LIMITATIONS. (A) AN ELECTRIC SCOOTER OPERATOR MAY BE CONVICTED OF A
 VIOLATION OF PARAGRAPHS (A), (B), (D) AND (E) OF SUBDIVISION ONE OF THIS
 SECTION, NOTWITHSTANDING THAT THE CHARGE LAID BEFORE THE COURT ALLEGED A
 VIOLATION  OF  PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
 SECTION, AND REGARDLESS OF WHETHER OR NOT SUCH CONDITION IS BASED  ON  A
 PLEA OF GUILTY.
   (B)  IN  ANY  CASE  WHEREIN THE CHARGE LAID BEFORE THE COURT ALLEGES A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION,  ANY  PLEA OF GUILTY THEREAFTER ENTERED IN SATISFACTION OF SUCH
 CHARGE MUST INCLUDE AT LEAST A PLEA OF GUILTY TO THE  VIOLATION  OF  THE
 PROVISIONS  OF  ONE OF THE PARAGRAPHS OF SUBDIVISION ONE OF THIS SECTION
 AND NO OTHER DISPOSITION BY PLEA OF GUILTY TO ANY OTHER CHARGE IN SATIS-
 FACTION OF SUCH CHARGE SHALL BE AUTHORIZED; PROVIDED,  HOWEVER,  IF  THE
 DISTRICT  ATTORNEY UPON REVIEWING THE AVAILABLE EVIDENCE DETERMINES THAT
 THE CHARGE OF A VIOLATION OF SUBDIVISION ONE  OF  THIS  SECTION  IS  NOT
 WARRANTED, HE OR SHE MAY CONSENT, AND THE COURT MAY ALLOW, A DISPOSITION
 BY A PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
   8.  ENFORCEMENT  UPON  CRASH.  NOTWITHSTANDING  ANY  PROVISION OF THIS
 SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS  IN  CONJUNCTION
 WITH  A  CRASH  INVOLVING  AN  OPERATOR  OF AN ELECTRIC SCOOTER. FOR THE
 PURPOSES OF THIS SUBDIVISION, CRASH SHALL MEAN FALLING TO THE GROUND  OR
 COLLIDING WITH A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
   § 5. This act shall take effect immediately.
 
                                 PART BBB
 
   Section 1. Section 410 of the economic development law is REPEALED.
   § 2. Section 3102-b of public authorities law, as added by chapter 562
 of  the  laws  of  1982  and as renumbered by chapter 291 of the laws of
 1990, the opening paragraph as amended by chapter 616  of  the  laws  of
 1991, paragraph (a) of subdivision 1, subdivision 3 and paragraph (a) of
 subdivision  6  as  amended by chapter 191 of the laws of 2010, subdivi-
 sions 5 and 6 as added by chapter 828 of the laws of 1987, is amended to
 read as follows:
   § 3102-b. Centers for  advanced  technology.  In  order  to  encourage
 greater  collaboration  between private industry and the universities of
 the state in the development and application of  new  technologies,  the
 [foundation]  DEPARTMENT  OF  ECONOMIC DEVELOPMENT (HEREINAFTER "DEPART-
 MENT") is authorized to designate for advanced technology such areas  as
 integrated electronics, optics, biotechnology, telecommunications, auto-
 mation  and  robotics,  electronics  packaging,  imaging  technology and
 others identified by the [foundation] DEPARTMENT as  having  significant
 potential  for  economic growth in New York, or in which the application
 of new technologies could significantly  enhance  the  productivity  and
 stability  of  New  York  businesses. Such designations shall be made in
 accordance with the standards and criteria set forth in subdivision  two
 of  this  section.  Centers  so designated shall be eligible for support
 from the [foundation] DEPARTMENT in the manner provided for in  subdivi-
 sion  three  of  this  section,  and  for such additional support as may
 otherwise be provided by law.
   1. As used in this section:
   (a) "center for advanced technology" or "center" means a university or
 university-affiliated research institute or a consortium of such  insti-
 tutions,  designated  by  the  [foundation] DEPARTMENT, which conducts a

 S. 7508                            205                           A. 9508
 
 continuing program of basic and applied research, development, and tech-
 nology commercialization in one or more technological areas, in  collab-
 oration  with  and through the support of private business and industry;
 and
   (b)  "applicant"  means a university or university-affiliated research
 institute or a consortium of such institutions which request designation
 as a center in accordance with such requirements as are  established  by
 the  [foundation] DEPARTMENT for this purpose.  FOR THE PURPOSES OF THIS
 SUBDIVISION, UNIVERSITIES, UNIVERSITY-AFFILIATED RESEARCH INSTITUTES  OR
 A  CONSORTIUM  OF  SUCH INSTITUTIONS DESIGNATED AS CENTERS OF EXCELLENCE
 UNDER SECTION FOUR HUNDRED TEN OF THE ECONOMIC DEVELOPMENT  LAW  AT  THE
 TIME  OF  THE  EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
 TWENTY THAT AMENDED  THIS  SUBDIVISION  MAY  APPLY  FOR  DESIGNATION  AS
 CENTERS FOR ADVANCED TECHNOLOGY.
   2. The [foundation] DEPARTMENT shall:
   (a)  identify  technological  areas for which centers should be desig-
 nated including technological areas that are related to industries  with
 significant  potential  for  economic growth and development in New York
 state and technological areas that are related  to  the  enhancement  of
 productivity in various industries located in New York state.
   (b) establish criteria that applicants must satisfy for designation as
 a center, including, but not limited to the following:
   (i)  an established record of research, development and instruction in
 the area or areas of technology involved;
   (ii) the capacity to conduct research and  development  activities  in
 collaboration with business and industry;
   (iii)  the  capacity  to  secure substantial private and other govern-
 mental funding for the proposed center, in amounts at least equal to the
 total of support sought from the state;
   (iv) the ability and willingness to cooperate with other  institutions
 in  the  state in conducting research and development activities, and in
 disseminating research results; and to work with technical and community
 colleges in the state to enhance the quality of technical  education  in
 the area or areas of technology involved;
   (v)  the  ability  and  willingness to cooperate with the [foundation]
 DEPARTMENT and other economic  development  agencies  in  promoting  the
 growth  and  development  in  New York state of industries based upon or
 benefiting from the area or areas of technology involved.
   (c) establish such  requirements  as  it  deems  appropriate  for  the
 format,  content  and  filing of applications for designation as centers
 for advanced technology.
   (d) establish such procedures as it deems appropriate for  the  evalu-
 ation  of applications for designation as centers for advanced technolo-
 gy, including the  establishment  of  peer  review  panels  composed  of
 nationally  recognized experts in the technological areas and industries
 to which the application is related.
   3. (a) From such funds as may be appropriated for this purpose by  the
 legislature,  the [foundation] DEPARTMENT may provide financial support,
 through contracts or other means, to  designated  centers  for  advanced
 technology,  in  order to enhance and accelerate the development of such
 centers.  Funds received pursuant to this subdivision may  be  used  for
 purchase  of  equipment  and fixtures, employment of faculty and support
 staff, provision of graduate fellowships, and other purposes approved by
 the  [foundation]  DEPARTMENT,  but  may  not  be   used   for   capital
 construction.  In  each  case,  the  amount provided by the [foundation]

 S. 7508                            206                           A. 9508
 
 DEPARTMENT to a center shall be matched by commitments of  support  from
 private and governmental other than state sources provided that:
   (i)  funds  or  in-kind  resources  provided  by the public or private
 university of which the center is a part  may  be  counted  towards  the
 match;
   (ii) such match shall not be required on a project-by-project basis;
   (iii)  matching  funds  received from businesses with no more than one
 hundred employees shall count as double the actual dollar amount  toward
 the center's overall match requirement;
   (iv) funds used by the center for any workforce development activities
 required by the [foundation] DEPARTMENT shall not be included as part of
 the  center's  award  when  determining  the  amount  of  matching funds
 required by the [foundation] DEPARTMENT. Such activities shall  include,
 but  are  not  limited  to, helping incumbent workers expand their skill
 sets through short courses, seminars, and  workshops;  providing  indus-
 try-driven  research assistant opportunities for students, and aiding in
 the development of undergraduate and graduate courses  in  the  center's
 technology  focus  to  help ensure that students are trained to meet the
 needs of industry;
   (v) centers may use not more  then  twenty-five  percent  of  indirect
 costs towards any match requirements.
   (b)  The  amount provided by the [foundation] DEPARTMENT shall be made
 in accordance with the following:
   (i) for the academic year in which it is first funded as a  designated
 center, and the five subsequent years, the amount provided by the [foun-
 dation] DEPARTMENT to a center shall be matched equally by the center;
   (ii)  beginning in the sixth academic year following the academic year
 in which a center is first funded as a designated center  and  for  each
 academic  year  thereafter, amounts provided by the [foundation] DEPART-
 MENT of up to seven hundred fifty  thousand  dollars  shall  be  matched
 equally by the center, amounts in excess of seven hundred fifty thousand
 dollars  shall  be  matched  by  the  center  in amounts of at least the
 percentage set forth herein: in  the  sixth  year,  one  hundred  twenty
 percent;  in  the seventh year, one hundred forty percent; in the eighth
 year, one hundred sixty percent; in the ninth year, one  hundred  eighty
 percent;  in  the  tenth  year  and  each  year  thereafter, two hundred
 percent;
   (iii) beginning in the ninth academic year following the academic year
 in which a center is first funded as a designated center,  the  [founda-
 tion] DEPARTMENT shall evaluate such center's area of advanced technolo-
 gy  to  determine  whether  it  has  continued significant potential for
 enhancing economic growth in New York, or  whether  the  application  of
 technologies  in  the  area could significantly enhance the productivity
 and stability of New York businesses;
   (iv) upon a finding by the [foundation] DEPARTMENT  that  an  area  of
 advanced  technology  has  continued significant potential for enhancing
 economic growth in New York, or that the application of technologies  in
 the  area  could significantly enhance the productivity and stability of
 New York businesses, the [foundation] DEPARTMENT will initiate a  redes-
 ignation process in accordance with the standards and criteria set forth
 in  paragraph  (b)  of subdivision two and in accordance with paragraphs
 (c) and (d) of subdivision two of this section.
   (1) In the event a new center is selected in the  redesignation  proc-
 ess,  the [foundation] DEPARTMENT shall provide funds to such new center
 in accordance with the funding match requirements set forth in  subpara-
 graphs (i) and (ii) of paragraph (a) of this subdivision.

 S. 7508                            207                           A. 9508
 
   (2) In the event a previously designated center is redesignated in the
 same  area of technology, which redesignation is effective for the tenth
 academic year following the first academic year of both designation  and
 funding,  then,  in  that year and in each year thereafter, the [founda-
 tion]  DEPARTMENT shall provide funds of up to seven hundred fifty thou-
 sand dollars to be matched equally by the center, amounts in  excess  of
 seven  hundred  fifty thousand dollars shall be matched by the center in
 amounts of at least two hundred percent.
   (3) In the event a currently designated center is not selected in  the
 redesignation  process  for an additional term, or upon a finding by the
 [foundation] DEPARTMENT that the area of advanced  technology  does  not
 have significant potential for enhancing economic growth in New York, or
 upon  a  finding that the application of technologies in that area would
 not significantly enhance the productivity and  stability  of  New  York
 businesses, then the [foundation] DEPARTMENT shall, in the tenth academ-
 ic  year  following  such  center's  first both designation and funding,
 which year shall be the final year of funding for such  center,  provide
 an amount of up to five hundred thousand dollars.
   (c)  Continued funding of the operations of each center shall be based
 upon a showing that: the center continues to comply  with  the  criteria
 established  by the [foundation] DEPARTMENT pursuant to paragraph (b) of
 subdivision two of this section; a demonstration of assistance to  small
 businesses  in  New  York state through research, technology transfer or
 other means as approved by  the  [foundation]  DEPARTMENT;  evidence  of
 partnerships   with  other  appropriate  entities  to  develop  outreach
 networks and ensure that companies receive access to appropriate federal
 funding for technology development  and  commercialization  as  well  as
 non-research assistance such as general business consulting. Appropriate
 partners  are  those  with  which the center demonstrates a relationship
 that enhances and advances the center's ability to aid  economic  growth
 in New York state; and compliance with the rules, regulations and guide-
 lines of the [foundation] DEPARTMENT; and, compliance with any contracts
 between the [foundation] DEPARTMENT and the designated center.
   (d)  Each  center  shall  report on its activities to the [foundation]
 DEPARTMENT in a manner and according to the schedule established by  the
 [foundation]  DEPARTMENT,  and shall provide such additional information
 as the [foundation] DEPARTMENT may require provided,  that  quantifiable
 economic  development  impact  measures are not restricted to any period
 less than five years and that centers provide a full description of  all
 non-quantifiable  measures.  The  [foundation] DEPARTMENT shall evaluate
 center operations using methods such as site visits, reporting of speci-
 fied information and peer review evaluations using experts in the  field
 of  technology  in  which  the  center  was designated. The [foundation]
 DEPARTMENT shall notify each center of the results  of  its  evaluations
 and  findings  of  deficiencies  in  the operation of such center or its
 research, education,  or  technology  commercialization  activities  and
 shall  work  with  such centers to remedy such findings. If such factors
 are not remedied, the [foundation] DEPARTMENT  may  withdraw  the  state
 funding  support,  in  whole  or  in part, or withdraw the center desig-
 nation.
   (e) In order to encourage that the results of center research  benefit
 New  York  state, designation and continued funding of each center shall
 be contingent upon  each  center's  establishing  within  its  licensing
 guidelines  the  following:  after  payment  of  the inventor's share, a
 reduced payment due to the university of any royalty,  income  or  other
 consideration  earned  from the license or sale of intellectual property

 S. 7508                            208                           A. 9508
 
 rights created or developed at, or through the use of, the facilities of
 the center by any person or entity if the manufacturing or use resulting
 from such intellectual property rights occurs within New York state. The
 [foundation] DEPARTMENT shall promulgate rules and regulations regarding
 the  provisions  of  the  licensing  guidelines described herein as they
 apply to such reduced payment, and such provisions shall be  subject  to
 the approval of the [foundation] DEPARTMENT.
   4.  From  such  funds  as  may be appropriated for this purpose by the
 legislature, the [foundation] DEPARTMENT may provide grants to  any  one
 university or university-affiliated research institution for purposes of
 planning  and  program  development aimed at enabling such university or
 university-affiliated research institution to qualify for designation as
 a center. Such grants shall be awarded on a competitive basis, and shall
 be available only to those applicants  which  in  the  judgment  of  the
 [foundation]  DEPARTMENT  may reasonably be expected to be designated as
 centers. No applicant shall receive more than one such grant.
   5. (a) From such funds as may  be  appropriated  for  the  purpose  of
 incentive grants or other funds which may be available from the [founda-
 tion] DEPARTMENT to enhance center activities in areas of crucial inter-
 est in the state's economic development, the [foundation] DEPARTMENT may
 provide  grants, on a competitive basis, to centers for projects includ-
 ing, but not limited to, those which:
   (i) explore new technologies  with  commercial  application  conducted
 jointly  by  two  or more centers or a center and non-center university,
 college or community college;
   (ii) are aimed at enhancing or accelerating the  process  of  bringing
 new  products,  particularly  those under development by new small busi-
 nesses, to the marketplace; or
   (iii) increase technology transfer projects with  the  state's  mature
 manufacturing  industries  in applying technology in their manufacturing
 processes or for new product development.
   (b) State support for incentive grants may be matched on an individual
 basis by the [foundation] DEPARTMENT, which may  consider  the  type  of
 project  and  the  availability  of amounts from private, university and
 governmental, other than state, sources.
   6. (a) The [foundation] DEPARTMENT shall make an annual report of  the
 centers for advanced technology program to the governor and the legisla-
 ture  not  later  than  September  first of each year. Such report shall
 include, but not be  limited  to,  the  results  of  the  [foundation's]
 DEPARTMENT'S evaluation of each center, a description of the achievement
 of  each center, any deficiencies in the operation of each center or its
 research, education and technology commercialization activities, remedi-
 al actions recommended by the [foundation] DEPARTMENT, remedial  actions
 taken  by  each  center,  a description of the small business assistance
 provided by each center, a description of any  incentive  grant  program
 awarded  a  grant by the [foundation] DEPARTMENT and the achievements of
 such program, and the amount of financial  assistance  provided  by  the
 [foundation] DEPARTMENT and the level of matching funds provided by each
 center and the uses of such monies.
   (b)  Annual  reports shall include a discussion of any fields of tech-
 nology that the [foundation] DEPARTMENT has identified as having signif-
 icant potential for economic growth or improved productivity and stabil-
 ity of  New  York  businesses  and  in  which  no  center  for  advanced
 technology  has  been designated and recommendations of the [foundation]
 DEPARTMENT as to actions that should be taken.

 S. 7508                            209                           A. 9508
 
   § 3. This act shall take effect immediately;  provided,  however  that
 section one of this act shall not take effect until June 30, 2021.
 
                                 PART CCC
 
   Section  1.  Subsections  (e) and (g) of section 7002 of the insurance
 law, as amended by chapter 188 of the laws of 2003, are amended to  read
 as follows:
   (e) "Industrial insured" means an insured:
   (1) whose net worth exceeds one hundred million dollars;
   (2)  who  is  a  member  of  a  holding company system whose net worth
 exceeds one hundred million dollars;
   (3) who is the metropolitan transportation authority and its statutory
 subsidiaries. When filing an application to form a pure  captive  insur-
 ance  company  the  metropolitan  transportation  authority shall submit
 written notice of such filing to the governor, the  temporary  president
 of the senate and the speaker of the assembly; [or]
   (4) WHO IS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATU-
 TORY SUBSIDIARY OR AFFILIATE THEREOF. WHEN FILING AN APPLICATION TO FORM
 A  PURE CAPTIVE INSURANCE COMPANY THE POWER AUTHORITY SHALL SUBMIT WRIT-
 TEN NOTICE OF SUCH FILING TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT  OF
 THE SENATE AND THE SPEAKER OF THE ASSEMBLY; OR
   (5)  who  is  a  city  with  a population of one million or more. When
 filing an application to form a pure captive insurance company,  a  city
 with  a population of one million or more shall submit written notice of
 such filing to the governor, the temporary president of the  senate  and
 the speaker of the assembly.
   (g)  "Industrial insured group" means any group of unaffiliated indus-
 trial insureds that are engaged in  similar  or  related  businesses  or
 activities,  however,  the  metropolitan  transportation  authority, THE
 POWER AUTHORITY OF THE STATE OF NEW YORK AND ANY STATUTORY SUBSIDIARY OR
 AFFILIATE THEREOF and cities with a population of one  million  or  more
 shall  not  be a member of an industrial insured group, and that collec-
 tively:
   (1) own, control or hold with power to vote  all  of  the  outstanding
 voting shares of stock of a group captive insurance company incorporated
 as a stock insurer; or
   (2)  represent  one  hundred  percent of the voting members of a group
 captive insurance company organized as a mutual insurer.
   § 2. Section 1005 of the public authorities law is amended by adding a
 new subdivision 28 to read as follows:
   28. THE AUTHORITY MAY  ESTABLISH  A  SUBSIDIARY  CORPORATION  FOR  THE
 PURPOSE  OF  FORMING  A  PURE  CAPTIVE  INSURANCE COMPANY AS PROVIDED IN
 SECTION SEVEN THOUSAND TWO OF THE INSURANCE LAW.  THE  MEMBERS  OF  SUCH
 SUBSIDIARY  CORPORATION OF THE AUTHORITY SHALL BE THE SAME PERSONS HOLD-
 ING THE OFFICES OF MEMBERS OF THE AUTHORITY. SUCH SUBSIDIARY CORPORATION
 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 SUBSIDIARY CORPORATION OF  THE  AUTHORITY  SHALL  BE
 SUBJECT  TO  SUIT  IN  ACCORDANCE WITH SECTION ONE THOUSAND SEVENTEEN OF
 THIS TITLE. THE EMPLOYEES OF ANY  SUCH  SUBSIDIARY  CORPORATION,  EXCEPT
 THOSE  WHO  ARE  ALSO  EMPLOYEES  OF  THE AUTHORITY, SHALL NOT BE DEEMED
 EMPLOYEES OF THE AUTHORITY.
   § 3. Subdivision (a) of section 1500 of the tax  law,  as  amended  by
 section  21  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:

 S. 7508                            210                           A. 9508
 
   (a) The term "insurance corporation" includes a  corporation,  associ-
 ation,  joint stock company or association, person, society, aggregation
 or partnership, by whatever name known,  doing  an  insurance  business,
 and, notwithstanding the provisions of section fifteen hundred twelve of
 this  article,  shall  include  (1) a risk retention group as defined in
 subsection (n) of section five thousand nine hundred two of  the  insur-
 ance  law,  (2)  the state insurance fund and (3) a corporation, associ-
 ation, joint stock company or association, person, society,  aggregation
 or  partnership  doing an insurance business as a member of the New York
 insurance exchange described in section six thousand two hundred one  of
 the  insurance  law.  The  definition  of  the  "state  insurance  fund"
 contained in this subdivision shall be limited  in  its  effect  to  the
 provisions  of  this  article and the related provisions of this chapter
 and shall have no force and effect  other  than  with  respect  to  such
 provisions.  The  term  "insurance  corporation"  shall  also  include a
 captive insurance company doing a captive insurance business, as defined
 in subsections (c) and (b), respectively, of section seven thousand  two
 of  the  insurance law; provided, however, "insurance corporation" shall
 not include the metropolitan transportation authority, THE POWER AUTHOR-
 ITY OF NEW YORK OR ANY STATUTORY SUBSIDIARY OR AFFILIATE THEREOF,  or  a
 public  benefit  corporation  or  not-for-profit corporation formed by a
 city with a population of one million or more pursuant to subsection (a)
 of section seven thousand five of the insurance law, each  of  which  is
 expressly exempt from the payment of fees, taxes or assessments, whether
 state  or  local;  and provided further "insurance corporation" does not
 include any combinable captive insurance company.  The  term  "insurance
 corporation"  shall  also include an unauthorized insurer operating from
 an office within the state, pursuant to paragraph five of subsection (b)
 of section one thousand one hundred one and subsection  (i)  of  section
 two  thousand  one  hundred  seventeen  of  the  insurance law. The term
 "insurance corporation" also includes a health maintenance  organization
 required  to  obtain a certificate of authority under article forty-four
 of the public health law.
   § 4. Subdivision (a) of section 1502-b of the tax law, as  amended  by
 section  22  of  part A of chapter 59 of the laws of 2014, is amended to
 read as follows:
   (a) In lieu of the taxes and tax surcharge imposed by sections fifteen
 hundred one, fifteen hundred two-a, fifteen hundred five-a, and  fifteen
 hundred ten of this article, every captive insurance company licensed by
 the  superintendent  of financial services pursuant to the provisions of
 article seventy of the insurance law, other than the metropolitan trans-
 portation authority, THE POWER AUTHORITY OF NEW YORK  OR  ANY  STATUTORY
 SUBSIDIARY  OR  AFFILIATE  THEREOF,  and a public benefit corporation or
 not-for-profit corporation formed by a city with  a  population  of  one
 million  or  more  pursuant  to subsection (a) of section seven thousand
 five of the insurance law, each of which is expressly  exempt  from  the
 payment  of fees, taxes or assessments whether state or local, and other
 than combinable captive insurance company, shall, for the  privilege  of
 exercising  its  corporate  franchise, pay a tax on (1) all gross direct
 premiums, less return premiums thereon,  written  on  risks  located  or
 resident  in  this  state and (2) all assumed reinsurance premiums, less
 return premiums thereon, written on risks located or  resident  in  this
 state.  The  rate  of  the tax imposed on gross direct premiums shall be
 four-tenths of one percent on all  or  any  part  of  the  first  twenty
 million  dollars  of premiums, three-tenths of one percent on all or any
 part of the second twenty million dollars of premiums, two-tenths of one

 S. 7508                            211                           A. 9508
 
 percent on all or any part of the third twenty million dollars of premi-
 ums, and seventy-five thousandths of  one  percent  on  each  dollar  of
 premiums thereafter. The rate of the tax on assumed reinsurance premiums
 shall  be  two  hundred twenty-five thousandths of one percent on all or
 any part of the first twenty million dollars of  premiums,  one  hundred
 and  fifty  thousandths  of one percent on all or any part of the second
 twenty million dollars of premiums, fifty thousandths of one percent  on
 all  or  any  part  of  the third twenty million dollars of premiums and
 twenty-five thousandths of one percent on each dollar of premiums there-
 after. The tax imposed by this section shall be equal to the greater  of
 (i)  the  sum  of  the  tax imposed on gross direct premiums and the tax
 imposed on assumed reinsurance premiums or (ii) five thousand dollars.
   § 5. This act shall take effect immediately.
 
                                 PART DDD
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds, determines and declares the following:
   The  planning, development and operation of the Hudson River Park as a
 public park continues to be a matter of  importance  to  the  state.  As
 detailed in the 1998 law creating the park and the trust, chapter 592 of
 the  laws  of 1998, the creation, development, operation and maintenance
 of the Hudson River Park will enhance and protect the natural,  cultural
 and  historic  aspects  of  the Hudson River, enhance and afford quality
 public access to the river, allow for an array of  cultural  and  recre-
 ational programs and provide a host of other public benefits. The chang-
 es  to  the 1998 law by this act are intended to, after decades of delay
 and inaction, finally   effectuate the park's general  project  plan  as
 defined  in  chapter  592 of the laws of 1998, which continues to be the
 operative planning document guiding  park  development,  protection  and
 reuse  of  a  portion  of the Hudson River waterfront in lower Manhattan
 south of 59th street, and are intended to ensure the realization of that
 vision and the park's continuing viability for years  to  come.  Nothing
 herein  is  intended  to  alter  or  override  any  prior determinations
 concerning park planning, development or operation.
   § 2. Paragraph (c) of subdivision 9 of section 7 of chapter 592 of the
 laws of 1998, constituting the Hudson river  park  act,  as  amended  by
 chapter 517 of the laws of 2013, is amended to read as follows:
   (c)  [The  city of New York shall use best efforts to relocate the tow
 pound on Pier 76. Subsequent to relocation of the tow pound, the city of
 New York shall promptly convey to the trust  a  possessory  interest  in
 Pier  76  consistent with such interest previously conveyed with respect
 to other portions of the park, provided that at least fifty  percent  of
 the  Pier  76  footprint shall be used for park uses that are limited to
 passive and active open space and which shall be contiguous to water and
 provided further that the remaining portion shall be for park/commercial
 use. Upon such conveyance, Pier 76 shall become part of the  park.]  (I)
 ON OR BEFORE DECEMBER 31, 2020, THE CITY OF NEW YORK SHALL CONVEY TO THE
 TRUST  A  POSSESSORY  INTEREST  IN PIER 76 CONSISTENT WITH SUCH INTEREST
 PREVIOUSLY CONVEYED WITH RESPECT TO OTHER PORTIONS  OF  THE  PARK.  UPON
 SUCH  CONVEYANCE,  PIER  76  SHALL BECOME PART OF THE PARK AND FOLLOWING
 REDEVELOPMENT AT LEAST FIFTY PERCENT OF THE PIER 76 FOOTPRINT  SHALL  BE
 USED FOR PARK USES THAT ARE LIMITED TO PASSIVE AND ACTIVE OPEN SPACE AND
 WHICH  SHALL  BE  CONTIGUOUS  TO  WATER;  AND  PROVIDED FURTHER THAT THE
 REMAINING PORTION SHALL BE FOR PARK/COMMERCIAL USE. (II) THE CITY OF NEW
 YORK SHALL, PRIOR TO DECEMBER 31, 2020, CEASE  USING  PIER  76  FOR  ANY

 S. 7508                            212                           A. 9508
 
 PURPOSES. SHOULD THE CITY OF NEW YORK CONTINUE TO OCCUPY PIER 76 FOR ANY
 PURPOSE  SUBSEQUENT  TO THE CONVEYANCE OF DECEMBER 31, 2020, THE CITY OF
 NEW YORK SHALL (A) COMPENSATE THE TRUST IN THE AMOUNT OF TWELVE  MILLION
 DOLLARS,  AND  (B) BEGINNING FEBRUARY 1, 2021, PAY RENT IN THE AMOUNT OF
 THREE MILLION DOLLARS FOR EACH COMPLETE OR PARTIAL MONTH  OF  OCCUPANCY.
 (III)  ON OR AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF 2020
 WHICH AMENDED THIS PARAGRAPH, THE TRUST SHALL BE ENTITLED TO  REASONABLE
 ACCESS  TO  PIER  76  FOR  THE  PURPOSE  OF  CONDUCTING  ASSESSMENTS AND
 INSPECTIONS NECESSARY TO FURTHER REDEVELOPMENT OF PIER 76 FOLLOWING  ITS
 INCLUSION IN THE PARK.
   § 3. This act shall take effect immediately.
 
                                 PART EEE
 
   Section  1. Section 5 of chapter 451 of the laws of 2017, enacting the
 New York Buy American Act, is amended to read as follows:
   § 5. This act shall take effect April 1, 2018 and shall apply  to  any
 state  contracts  executed  and  entered  into on or after such date and
 shall exclude such contracts that have been previously awarded  or  have
 pending  bids  or  pending  requests for proposals issued as of April 1,
 2018, and shall not apply to projects that have commenced project design
 and environmental studies prior to such date[; provided,  however,  that
 this act shall expire and be deemed repealed April 15, 2020].
   § 2. This act shall take effect immediately.

                                 PART FFF
 
   Section  1.  The labor law is amended by adding a new section 224-a to
 read as follows:
   § 224-A.  PREVAILING  WAGE  REQUIREMENTS  APPLICABLE  TO  CONSTRUCTION
 PROJECTS  PERFORMED UNDER PRIVATE CONTRACT. 1. SUBJECT TO THE PROVISIONS
 OF THIS SECTION, EACH "COVERED PROJECT" AS DEFINED IN THIS SECTION SHALL
 BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN  ACCORDANCE  WITH  SECTION
 TWO  HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. A "COVERED
 PROJECT" SHALL MEAN CONSTRUCTION WORK DONE UNDER CONTRACT WHICH IS  PAID
 FOR  IN  WHOLE OR IN PART OUT OF PUBLIC FUNDS AS SUCH TERM IS DEFINED IN
 THIS SECTION WHERE THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED,
 IS AT LEAST THIRTY PERCENT OF THE TOTAL CONSTRUCTION PROJECT  COSTS  AND
 WHERE  SUCH  PROJECT  COSTS  ARE  OVER  FIVE  MILLION  DOLLARS EXCEPT AS
 PROVIDED FOR BY SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE.
   2. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT  OF
 PUBLIC FUNDS" SHALL MEAN ANY OF THE FOLLOWING:
   A.  THE  PAYMENT OF MONEY, BY A PUBLIC ENTITY DIRECTLY TO OR ON BEHALF
 OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT SUBJECT
 TO REPAYMENT;
   B. THE SAVINGS ACHIEVED FROM FEES, RENTS,  INTEREST  RATES,  OR  OTHER
 LOAN  COSTS,  OR  INSURANCE COSTS THAT ARE LOWER THAN MARKET RATE COSTS;
 SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS,  TAX  ABATEMENTS,
 TAX  EXEMPTIONS  OR  TAX INCREMENT FINANCING; AND ANY OTHER SAVINGS FROM
 REDUCED, WAIVED, OR FORGIVEN COSTS THAT WOULD HAVE OTHERWISE BEEN  AT  A
 HIGHER OR MARKET RATE BUT FOR THE INVOLVEMENT OF THE PUBLIC ENTITY;
   C. MONEY LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
 GENT BASIS; OR
   D.  CREDITS THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT OF
 OBLIGATIONS TO THE PUBLIC ENTITY.

 S. 7508                            213                           A. 9508
 
   3. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT  OF
 PUBLIC FUNDS" SHALL NOT INCLUDE:
   A.  BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROP-
 ERTY TAX LAW;
   B. FUNDS THAT ARE NOT PROVIDED PRIMARILY TO PROMOTE,  INCENTIVIZE,  OR
 ENSURE  THAT  CONSTRUCTION  WORK  IS PERFORMED, WHICH WOULD OTHERWISE BE
 CAPTURED IN SUBDIVISION TWO OF THIS SECTION;
   C. FUNDS USED TO INCENTIVIZE OR ENSURE THE DEVELOPMENT OF A COMPREHEN-
 SIVE SEWAGE SYSTEM, INCLUDING CONNECTION  TO  EXISTING  SEWER  LINES  OR
 CREATION  OF NEW SEWAGE LINES OR SEWER CAPACITY, PROVIDED, HOWEVER, THAT
 SUCH WORK SHALL BE  DEEMED  TO  BE  A  PUBLIC  WORK  COVERED  UNDER  THE
 PROVISIONS OF THIS ARTICLE;
   D.  TAX BENEFITS PROVIDED FOR PROJECTS THE VALUE OF WHICH ARE NOT ABLE
 TO BE CALCULATED AT THE TIME THE WORK IS TO BE PERFORMED; AND
   E. ANY OTHER PUBLIC MONIES, CREDITS, SAVINGS OR LOANS,  DETERMINED  BY
 THE PUBLIC SUBSIDY BOARD CREATED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THIS ARTICLE AS EXEMPT FROM THIS DEFINITION.
   4.  FOR  PURPOSES  OF THIS SECTION "COVERED PROJECT" SHALL NOT INCLUDE
 ANY OF THE FOLLOWING:
   A. CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPERTY
 IS THE OWNER'S PRIMARY RESIDENCE,  OR  CONSTRUCTION  WORK  PERFORMED  ON
 PROPERTY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING
 UNITS;
   B.  CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NOT-FOR-PROFIT
 CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE  NOT-FOR-PROFIT
 CORPORATION  LAW,  OTHER THAN A NOT-FOR-PROFIT CORPORATION FORMED EXCLU-
 SIVELY FOR THE PURPOSE OF  HOLDING  TITLE  TO  PROPERTY  AND  COLLECTING
 INCOME  THEREOF  OR  A  LOCAL DEVELOPMENT CORPORATION FORMED PURSUANT TO
 SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT  CORPORATION  LAW,
 WHERE  THE  NOT-FOR-PROFIT  CORPORATION  HAS  GROSS  ANNUAL  REVENUE AND
 SUPPORT LESS THAN FIVE MILLION DOLLARS;
   C. CONSTRUCTION WORK PERFORMED ON A MULTIPLE RESIDENCE  AND/OR  ANCIL-
 LARY AMENITIES OR INSTALLATIONS THAT IS WHOLLY PRIVATELY OWNED IN ANY OF
 THE  FOLLOWING  CIRCUMSTANCES  EXCEPT  AS  PROVIDED  FOR  BY SECTION TWO
 HUNDRED TWENTY-FOUR-C OF THIS ARTICLE:
   (I) WHERE NO LESS THAN THIRTY PERCENT OF  THE  RESIDENTIAL  UNITS  ARE
 AFFORDABLE  FOR  HOUSEHOLDS  UP  TO  EIGHTY  PERCENT  OF THE AREA MEDIAN
 INCOME, PROVIDED THAT AREA MEDIAN INCOME SHALL BE  ADJUSTED  FOR  FAMILY
 SIZE, AS CALCULATED BY THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
 DEVELOPMENT, PROVIDED THAT THE PERIOD OF AFFORDABILITY FOR A RESIDENTIAL
 UNIT  DEEMED  AFFORDABLE UNDER THE PROVISIONS OF THIS PARAGRAPH SHALL BE
 FOR NO LESS THAN FIFTEEN YEARS FROM THE DATE OF CONSTRUCTION; OR
   (II) WHERE NO LESS THAN THIRTY-FIVE PERCENT OF THE  RESIDENTIAL  UNITS
 INVOLVES  THE  PROVISION  OF  SUPPORTIVE HOUSING SERVICES FOR VULNERABLE
 POPULATIONS;
   (III) WHERE CONSTRUCTION WORK IS PERFORMED ON A BUILDING PAID  FOR  IN
 WHOLE OR IN PART OUT OF PUBLIC FUNDS ON AFFORDABLE UNITS FOR PURPOSES OF
 ENSURING  THAT  THE  AFFORDABLE  UNITS  ARE  CREATED OR RETAINED AND ARE
 SUBJECT TO A REGULATORY  AGREEMENT  WITH  A  LOCAL,  STATE,  OR  FEDERAL
 GOVERNMENTAL ENTITY; OR
   (IV)  ANY  OTHER AFFORDABLE OR SUBSIDIZED HOUSING AS DETERMINED BY THE
 PUBLIC SUBSIDY BOARD ESTABLISHED BY SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THIS ARTICLE.
   D. CONSTRUCTION WORK PERFORMED ON A MANUFACTURED HOME PARK AS  DEFINED
 IN  PARAGRAPH THREE OF SUBDIVISION A OF SECTION TWO HUNDRED THIRTY-THREE
 OF THE REAL PROPERTY LAW WHERE THE MANUFACTURED HOME PARK IS SUBJECT  TO

 S. 7508                            214                           A. 9508
 
 A  REGULATORY  AGREEMENT  WITH  A  LOCAL, STATE, OR FEDERAL GOVERNMENTAL
 ENTITY FOR NO LESS THAN FIFTEEN YEARS;
   E.  CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING
 AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA  FIDE  BUILDING  AND
 CONSTRUCTION  TRADE  LABOR  ORGANIZATION WHICH HAS ESTABLISHED ITSELF AS
 THE COLLECTIVE  BARGAINING  REPRESENTATIVE  FOR  ALL  PERSONS  WHO  WILL
 PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS
 AND  SUBCONTRACTORS  WHO  SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR
 ORGANIZATION CAN PERFORM WORK ON SUCH A PROJECT,  OR  CONSTRUCTION  WORK
 PERFORMED UNDER A LABOR PEACE AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY
 OTHER CONSTRUCTION WORK PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN
 AN  OWNER  OR CONTRACTOR AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE
 LABOR ORGANIZATION;
   F. CONSTRUCTION WORK PERFORMED ON PROJECTS FUNDED BY SECTION SIXTEEN-N
 OF THE URBAN DEVELOPMENT CORPORATION ACT OR THE DOWNTOWN  REVITALIZATION
 INITIATIVE;
   G. CONSTRUCTION WORK AND ENGINEERING AND CONSULTING SERVICES PERFORMED
 IN CONNECTION WITH THE INSTALLATION OF A RENEWABLE ENERGY SYSTEM, RENEW-
 ABLE HEATING OR COOLING SYSTEM, OR ENERGY STORAGE SYSTEM, WITH A CAPACI-
 TY EQUAL TO OR UNDER FIVE MEGAWATTS ALTERNATING CURRENT;
   H.  CONSTRUCTION  WORK  PERFORMED ON SUPERMARKET RETAIL SPACE BUILT OR
 RENOVATED WITH TAX INCENTIVES PROVIDED UNDER THE FOOD  RETAIL  EXPANSION
 TO  SUPPORT  HEALTH (FRESH) PROGRAM THROUGH THE NEW YORK CITY INDUSTRIAL
 DEVELOPMENT AGENCY;
   I. CONSTRUCTION WORK PERFORMED FOR INTERIOR FIT-OUTS AND  IMPROVEMENTS
 UNDER  TEN  THOUSAND  SQUARE  FEET  THROUGH  SMALL  BUSINESS  INCUBATION
 PROGRAMS OPERATED BY THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION;
   J. CONSTRUCTION WORK ON SPACE TO BE USED  AS  A  SCHOOL  UNDER  TWENTY
 THOUSAND  SQUARE  FEET,  PURSUANT TO A LEASE FROM A PRIVATE OWNER TO THE
 NEW YORK CITY  DEPARTMENT  OF  EDUCATION  AND  THE  SCHOOL  CONSTRUCTION
 AUTHORITY; OR
   K.  CONSTRUCTION WORK PERFORMED ON PROJECTS THAT RECEIVED TAX BENEFITS
 RELATED TO BROWNFIELD REMEDIATION, BROWNFIELD REDEVELOPMENT, OR HISTORIC
 REHABILITATION PURSUANT TO SECTIONS TWENTY-ONE, TWENTY-TWO, ONE  HUNDRED
 EIGHTY-SEVEN-G  OR  ONE  HUNDRED EIGHTY-SEVEN-H OF THE TAX LAW, SUBDIVI-
 SIONS SEVENTEEN, EIGHTEEN, OR TWENTY-SIX OF SECTION TWO HUNDRED TEN-B OF
 THE TAX LAW, SUBSECTIONS (DD), (EE), (OO) OR (PP) OF SECTION SIX HUNDRED
 SIX OF THE TAX LAW, OR SUBDIVISIONS (U), (V) OR (Y) OF  SECTION  FIFTEEN
 HUNDRED ELEVEN OF THE TAX LAW.
   5.  FOR  PURPOSES  OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT  CORPORATION  AS
 DEFINED  IN  SUBDIVISION  EIGHT  OF  SECTION EIGHTEEN HUNDRED ONE OF THE
 PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN  OF  THE  NOT-
 FOR-PROFIT  CORPORATION  LAW,  A  MUNICIPAL  CORPORATION  AS  DEFINED IN
 SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW,  AN  INDUS-
 TRIAL  DEVELOPMENT  AGENCY  FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE
 GENERAL MUNICIPAL  LAW  OR  INDUSTRIAL  DEVELOPMENT  AUTHORITIES  FORMED
 PURSUANT  TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
 LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED  IN  SECTION
 TWO  OF  THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
 BY ANY SUCH ENTITIES.
   6. FOR PURPOSES OF THIS SECTION, "CONSTRUCTION" MEANS WORK WHICH SHALL
 BE AS DEFINED BY THE PUBLIC SUBSIDY BOARD TO REQUIRE PAYMENT OF PREVAIL-
 ING WAGE, AND WHICH MAY INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS,  OR
 MECHANICS.

 S. 7508                            215                           A. 9508
 
   7.  FOR PURPOSES OF THIS SECTION AND SECTION TWO HUNDRED TWENTY-FOUR-B
 OF THIS ARTICLE, THE "FISCAL OFFICER" SHALL BE DEEMED TO BE THE  COMMIS-
 SIONER.
   8.  THE  ENFORCEMENT  OF  ANY CONSTRUCTION WORK DEEMED TO BE A COVERED
 PROJECT PURSUANT TO THIS SECTION, AND ANY ADDITIONAL REQUIREMENTS, SHALL
 BE SUBJECT, IN ADDITION TO THIS SECTION, ONLY  TO  THE  REQUIREMENTS  OF
 SECTIONS  TWO  HUNDRED  TWENTY,  TWO  HUNDRED TWENTY-FOUR-B, TWO HUNDRED
 TWENTY-FOUR-C, AND TWO HUNDRED TWENTY-B OF THIS ARTICLE AND  WITHIN  THE
 JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED
 IN  THIS  SECTION  SHALL  BE  DEEMED  TO CONSTRUE ANY COVERED PROJECT AS
 OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT  TO  THIS  ARTICLE;  AND
 FURTHER PROVIDED:
   A.  THE OWNER OR DEVELOPER OF SUCH COVERED PROJECT SHALL CERTIFY UNDER
 PENALTY OF PERJURY WITHIN FIVE DAYS OF COMMENCEMENT OF CONSTRUCTION WORK
 WHETHER THE PROJECT AT ISSUE  IS  SUBJECT  TO  THE  PROVISIONS  OF  THIS
 SECTION THROUGH THE USE OF A STANDARD FORM DEVELOPED BY THE FISCAL OFFI-
 CER.
   B.  THE  OWNERS  OR  DEVELOPERS  OF  A  PROPERTY WHO ARE UNDERTAKING A
 PROJECT UNDER PRIVATE CONTRACT, MAY SEEK GUIDANCE FROM THE PUBLIC SUBSI-
 DY BOARD CONTAINED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE,
 AND SUCH BOARD MAY RENDER AN OPINION AS TO WHETHER OR NOT THE PROJECT IS
 A COVERED PROJECT WITHIN THE MEANING OF THIS ARTICLE. ANY SUCH  DETERMI-
 NATION  SHALL  NOT  BE REVIEWABLE BY THE FISCAL OFFICER, NOR SHALL IT BE
 REVIEWABLE BY THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED  TWENTY  OF
 THIS ARTICLE.
   C.  THE  OWNER  OR DEVELOPER OF A COVERED PROJECT SHALL BE RESPONSIBLE
 FOR RETAINING ORIGINAL PAYROLL RECORDS IN ACCORDANCE  WITH  SECTION  TWO
 HUNDRED  TWENTY  OF  THIS  ARTICLE  FOR  A  PERIOD OF SIX YEARS FROM THE
 CONCLUSION OF SUCH WORK. ALL PAYROLL RECORDS MAINTAINED BY AN  OWNER  OR
 DEVELOPER  PURSUANT  TO  THIS  SECTION SHALL BE SUBJECT TO INSPECTION ON
 REQUEST OF THE FISCAL OFFICER.  SUCH OWNER OR  DEVELOPER  MAY  AUTHORIZE
 THE  PRIME CONTRACTOR OF THE CONSTRUCTION PROJECT TO TAKE RESPONSIBILITY
 FOR RETAINING AND MAINTAINING PAYROLL RECORDS, BUT WILL BE HELD  JOINTLY
 AND  SEVERALLY LIABLE FOR ANY VIOLATIONS OF SUCH CONTRACTOR. ALL RECORDS
 OBTAINED BY THE FISCAL OFFICER SHALL BE SUBJECT TO THE FREEDOM OF INFOR-
 MATION LAW.
   D. EACH PUBLIC ENTITY PROVIDING ANY OF  THE  PUBLIC  FUNDS  LISTED  IN
 SUBDIVISION  TWO  OF  THIS SECTION TO AN OWNER, DEVELOPER, CONTRACTOR OR
 SUBCONTRACTOR OF A PROJECT SHALL IDENTIFY THE NATURE AND DOLLAR VALUE OF
 SUCH FUNDS AND WHETHER ANY SUCH FUNDS  ARE  EXCLUDED  UNDER  SUBDIVISION
 THREE OF THIS SECTION AND SHALL SO NOTIFY THE RECIPIENT OF SUCH FUNDS OF
 SUCH  DETERMINATION  AND  OF THEIR OBLIGATIONS UNDER PARAGRAPH A OF THIS
 SUBDIVISION.
   E. THE FISCAL OFFICER MAY ISSUE RULES AND  REGULATIONS  GOVERNING  THE
 PROVISIONS  OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
 FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO  HUNDRED  TWENTY-B
 OF THIS ARTICLE.
   9.  EACH  OWNER  AND  DEVELOPER  SUBJECT  TO  THE REQUIREMENTS OF THIS
 SECTION SHALL COMPLY WITH THE  OBJECTIVES  AND  GOALS  OF  MINORITY  AND
 WOMEN-OWNED  BUSINESS  ENTERPRISES  PURSUANT TO ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW AND SERVICE-DISABLED VETERAN-OWNED BUSINESSES PURSUANT  TO
 ARTICLE  SEVENTEEN-B  OF THE EXECUTIVE LAW.  THE DEPARTMENT IN CONSULTA-
 TION WITH THE DIRECTORS OF THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
 DEVELOPMENT AND OF THE DIVISION OF SERVICE-DISABLED  VETERANS'  BUSINESS
 DEVELOPMENT SHALL MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINOR-
 ITY  AND  WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-

 S. 7508                            216                           A. 9508
 
 OWNED BUSINESS ENTERPRISES ON  COVERED  PROJECTS  ACHIEVE  AND  MAINTAIN
 COMPLIANCE  WITH PREVAILING WAGE REQUIREMENTS. THE DEPARTMENT SHALL MAKE
 SUCH TRAINING AND RESOURCES AVAILABLE ONLINE AND SHALL  AFFORD  MINORITY
 AND  WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED
 BUSINESS ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
   10. A. THE FISCAL OFFICER SHALL REPORT TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY FIRST,
 TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, ON  THE  PARTICIPATION
 OF  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO COVERED
 PROJECTS AND CONTRACTS FOR PUBLIC WORK SUBJECT TO THE PROVISIONS OF THIS
 SECTION AND SECTION TWO HUNDRED TWENTY OF THIS ARTICLE  RESPECTIVELY  AS
 WELL  AS  THE  DIVERSITY  PRACTICES  OF  CONTRACTORS  AND SUBCONTRACTORS
 EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS.
   B. SUCH REPORTS SHALL INCLUDE AGGREGATED DATA ON THE  UTILIZATION  AND
 PARTICIPATION  OF  MINORITY  AND  WOMEN-OWNED  BUSINESS ENTERPRISES, THE
 EMPLOYMENT OF MINORITIES AND WOMEN IN CONSTRUCTION-RELATED JOBS ON  SUCH
 PROJECTS,  AND  THE COMMITMENT OF CONTRACTORS AND SUBCONTRACTORS ON SUCH
 PROJECTS TO ADOPTING PRACTICES AND POLICIES THAT PROMOTE DIVERSITY WITH-
 IN THE WORKFORCE.   THE REPORTS SHALL ALSO  EXAMINE  THE  COMPLIANCE  OF
 CONTRACTORS  AND  SUBCONTRACTORS WITH OTHER EQUAL EMPLOYMENT OPPORTUNITY
 REQUIREMENTS AND ANTI-DISCRIMINATION LAWS,  IN  ADDITION  TO  ANY  OTHER
 EMPLOYMENT PRACTICES DEEMED PERTINENT BY THE COMMISSIONER.
   C.  THE  FISCAL OFFICER MAY REQUIRE ANY OWNER OR DEVELOPER TO DISCLOSE
 INFORMATION ON THE PARTICIPATION OF MINORITY  AND  WOMEN-OWNED  BUSINESS
 ENTERPRISES  AND  THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRAC-
 TORS INVOLVED IN THE PERFORMANCE OF ANY COVERED PROJECT.   IT  SHALL  BE
 THE  DUTY OF THE FISCAL OFFICER TO CONSULT AND TO SHARE SUCH INFORMATION
 IN ORDER TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION.
   11. IF CONSTRUCTION WORK IS NOT DEEMED TO BE A COVERED PROJECT, WHETH-
 ER BY VIRTUE OF AN EXCLUSION OF SUCH PROJECT UNDER SUBDIVISION  FOUR  OF
 THIS  SECTION,  OR BY VIRTUE OR NOT RECEIVING SUFFICIENT PUBLIC MONEY TO
 BE DEEMED "PAID FOR IN WHOLE OR IN  PART  OUT  OF  PUBLIC  FUNDS",  SUCH
 PROJECT SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED
 TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE.
   §  2.  The  labor  law is amended by adding two new sections 224-b and
 224-c to read as follows:
   § 224-B. STOP-WORK ORDERS. WHERE A COMPLAINT IS RECEIVED  PURSUANT  TO
 THIS  ARTICLE,  OR WHERE THE FISCAL OFFICER UPON HIS OR HER OWN INVESTI-
 GATION, FINDS CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION  WITH  THE
 PERFORMANCE  OF  ANY  CONTRACT  FOR  PUBLIC WORK PURSUANT TO SECTION TWO
 HUNDRED TWENTY OF THIS  ARTICLE  OR  ANY  COVERED  PROJECT  PURSUANT  TO
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, HAS SUBSTANTIALLY AND
 MATERIALLY  FAILED TO COMPLY WITH OR INTENTIONALLY EVADED THE PROVISIONS
 OF THIS ARTICLE, THE FISCAL OFFICER MAY NOTIFY SUCH PERSON IN WRITING OF
 HIS OR HER INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE  SHALL  (I)
 BE SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED EIGHT OF THE
 CIVIL  PRACTICE  LAW  AND  RULES;  (II) NOTIFY SUCH PERSON OF HIS OR HER
 RIGHT TO A HEARING; AND (III) STATE THE FACTUAL  BASIS  UPON  WHICH  THE
 FISCAL OFFICER HAS BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER.
 ANY  DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH DECI-
 SION SHALL BE PROVIDED TO SUCH PERSON WITHIN A  REASONABLE  TIME  BEFORE
 THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED.
   FOLLOWING THE HEARING, IF THE FISCAL OFFICER ISSUES A STOP-WORK ORDER,
 IT  SHALL  BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE SERVED BY
 TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT
 OF ANY SUCH ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH REGARD

 S. 7508                            217                           A. 9508
 
 TO A WORKSITE BY POSTING A COPY OF SUCH ORDER IN A CONSPICUOUS  LOCATION
 AT THE WORKSITE. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE FISCAL OFFI-
 CER  DIRECTS  THAT THE STOP-WORK ORDER BE REMOVED, UPON A FINAL DETERMI-
 NATION  ON  THE  COMPLAINT  OR WHERE SUCH FAILURE TO COMPLY OR EVADE HAS
 BEEN DEEMED CORRECTED. IF THE PERSON AGAINST WHOM SUCH ORDER  IS  ISSUED
 SHALL  WITHIN THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER MAKES AN
 APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION REVIEW OF SUCH ORDER
 THE FISCAL OFFICER SHALL MAKE A DECISION IN WRITING ON THE ISSUES RAISED
 IN SUCH APPLICATION. THE FISCAL OFFICER MAY DIRECT A CONDITIONAL RELEASE
 FROM A STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON HAS  TAKEN  MEAN-
 INGFUL  AND GOOD FAITH STEPS TO COMPLY WITH THE PROVISIONS OF THIS ARTI-
 CLE.
   § 224-C. PUBLIC SUBSIDY BOARD. 1. A BOARD ON PUBLIC SUBSIDIES, HEREIN-
 AFTER "THE BOARD", IS HEREBY CREATED, TO CONSIST OF ELEVEN MEMBERS.  THE
 ELEVEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AS FOLLOWS: ONE MEMBER
 UPON  THE  RECOMMENDATION  OF THE TEMPORARY PRESIDENT OF THE SENATE, ONE
 MEMBER UPON THE RECOMMENDATION OF  THE  SPEAKER  OF  THE  ASSEMBLY,  THE
 COMMISSIONER, THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPORATION,
 THE  DIRECTOR  OF  THE  DIVISION  OF THE BUDGET, ONE PERSON REPRESENTING
 EMPLOYEES IN THE CONSTRUCTION  INDUSTRY,  AND  ONE  PERSON  REPRESENTING
 EMPLOYERS  IN  THE CONSTRUCTION INDUSTRY.  THE COMMISSIONER SHALL ACT AS
 THE CHAIR. THE MEMBERS SHALL SERVE AT  THE  PLEASURE  OF  THE  AUTHORITY
 RECOMMENDING, DESIGNATING, OR OTHERWISE APPOINTING SUCH MEMBER AND SHALL
 SERVE  WITHOUT SALARY OR COMPENSATION BUT SHALL BE REIMBURSED FOR NECES-
 SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   2. THE BOARD SHALL MEET ON AN AS NEEDED BASIS AND SHALL HAVE THE POWER
 TO CONDUCT PUBLIC HEARINGS. THE BOARD MAY ALSO  CONSULT  WITH  EMPLOYERS
 AND EMPLOYEES, AND THEIR RESPECTIVE REPRESENTATIVES, IN THE CONSTRUCTION
 INDUSTRY  AND WITH SUCH OTHER PERSONS, INCLUDING THE COMMISSIONER, AS IT
 SHALL DETERMINE.  NO PUBLIC OFFICER OR EMPLOYEE APPOINTED TO  THE  BOARD
 SHALL  FORFEIT  ANY  POSITION OR OFFICE BY VIRTUE OF APPOINTMENT TO SUCH
 BOARD. ANY PROCEEDINGS OF THE BOARD WHICH RELATE TO A  PARTICULAR  INDI-
 VIDUAL OR PROJECT SHALL BE CONFIDENTIAL.
   3. THE BOARD MAY EXAMINE AND MAKE RECOMMENDATIONS WHICH SHALL HAVE THE
 FULL FORCE AND EFFECT OF LAW, REGARDING THE FOLLOWING:
   (A)  THE  MINIMUM  THRESHOLD  PERCENTAGE  OF PUBLIC FUNDS SET FORTH IN
 PARAGRAPH C OF SUBDIVISION ONE OF SECTION TWO HUNDRED  TWENTY-FOUR-A  OF
 THIS ARTICLE;
   (B)  THE MINIMUM DOLLAR THRESHOLD OF PROJECTS SET FORTH IN PARAGRAPH C
 OF SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
   (C) CONSTRUCTION WORK EXCLUDED AS A COVERED PROJECT, AS SET  FORTH  IN
 SUBPARAGRAPHS  (I), (II) AND (III) OF PARAGRAPH C OF SUBDIVISION FOUR OF
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
   (D) THE DEFINITION OF CONSTRUCTION FOR PURPOSES OF SECTION TWO HUNDRED
 TWENTY-FOUR-A OF THIS ARTICLE; OR
   (E) PARTICULAR INSTANCES OF BENEFITS, MONIES OR CREDITS AS TO  WHETHER
 OR NOT THEY SHOULD CONSTITUTE PUBLIC FUNDS.
   4.  IN  MAKING ITS RECOMMENDATIONS, THE BOARD SHALL EXAMINE THE IMPACT
 OF SUCH THRESHOLDS AND CIRCUMSTANCES ON PRIVATE DEVELOPMENT IN LIGHT  OF
 AVAILABLE PUBLIC SUBSIDIES, EXISTING LABOR MARKET CONDITIONS, PREVAILING
 WAGE  AND  SUPPLEMENT  PRACTICES, AND SHALL CONSIDER THE EXTENT TO WHICH
 ADJUSTMENTS  TO  SUCH  THRESHOLDS  AND  CIRCUMSTANCES  COULD  AMELIORATE
 ADVERSE IMPACTS, IF ANY, OR EXPAND OPPORTUNITIES FOR PREVAILING WAGE AND
 SUPPLEMENT   STANDARDS   ON  PUBLICLY  SUBSIDIZED  PRIVATE  CONSTRUCTION
 PROJECTS IN ANY REGION OR REGIONS OF THE STATE.

 S. 7508                            218                           A. 9508
 
   5. THE BOARD SHALL BE EMPOWERED TO ISSUE BINDING DETERMINATIONS TO ANY
 PUBLIC ENTITY, OR ANY PRIVATE OR NOT-FOR-PROFIT OWNER OR DEVELOPER AS TO
 ANY PARTICULAR MATTER  RELATED  TO  AN  EXISTING  OR  POTENTIAL  COVERED
 PROJECT.  IN  SUCH  INSTANCES THE BOARD SHALL MAKE A DETERMINATION BASED
 UPON  DOCUMENTS,  OR TESTIMONY, OR BOTH IN ITS SOLE DISCRETION. ANY SUCH
 PROCEEDING SHALL BE CONFIDENTIAL. THE DETERMINATION ISSUED BY THE  BOARD
 SHALL  BE  FINAL, AND MAY NOT BE APPEALED TO THE COMMISSIONER, NOR SHALL
 ANY PRIVATE RIGHT OF ACTION ACCRUE TO  ANY  INDIVIDUAL  TO  ENFORCE  THE
 TERMS OF THIS ARTICLE.
   § 3. The labor law is amended by adding a new section 813-a to read as
 follows:
   §  813-A.  ANNUAL  REPORTS BY APPRENTICESHIP PROGRAMS. 1. ON AN ANNUAL
 BASIS, ALL APPRENTICESHIP PROGRAMS COVERED UNDER THE PROVISIONS OF  THIS
 ARTICLE  SHALL  REPORT TO THE DEPARTMENT ON THE PARTICIPATION OF APPREN-
 TICES CURRENTLY ENROLLED IN SUCH APPRENTICESHIP PROGRAM. THE DATA TO  BE
 INCLUDED  IN  SUCH  REPORT  SHALL  INCLUDE, AT A MINIMUM: (A)  THE TOTAL
 NUMBER OF APPRENTICES IN SUCH APPRENTICESHIP PROGRAM; (B) THE DEMOGRAPH-
 IC INFORMATION OF SUCH APPRENTICES TO THE EXTENT SUCH DATA IS AVAILABLE,
 INCLUDING, BUT NOT LIMITED TO, THE AGE,  GENDER,  RACE,  ETHNICITY,  AND
 NATIONAL  ORIGIN  OF  SUCH  APPRENTICES; (C) THE RATE OF ADVANCEMENT AND
 GRADUATION OF SUCH APPRENTICES; AND (D) THE RATE OF  PLACEMENT  OF  SUCH
 APPRENTICES  ONTO  JOB  SITES  AS WELL AS THE DEMOGRAPHIC INFORMATION OF
 SUCH APPRENTICES TO THE EXTENT SUCH DATA IS  AVAILABLE,  INCLUDING,  BUT
 NOT  LIMITED TO THE AGE, GENDER, RACE, ETHNICITY, AND NATIONAL ORIGIN OF
 SUCH APPRENTICES.
   2. THE DEPARTMENT SHALL MAKE  SUCH  DATA  PUBLICLY  AVAILABLE  ON  ITS
 WEBSITE  BY  JULY FIRST, TWO THOUSAND TWENTY-TWO AND ON AN ANNUAL BASIS,
 BUT NO LATER THAN DECEMBER THIRTY-FIRST OF EACH FOLLOWING YEAR.
   3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY FOR
 THE IMPLEMENTATION OF THIS SECTION.
   § 4. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section 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, or section thereof
 directly involved in the controversy in which such judgment  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.
   § 5. This act shall take effect on July 1, 2021  and  shall  apply  to
 contracts  for  construction  executed,  incentive  agreements executed,
 procurements or  solicitations  issued,  or  applications  for  building
 permits  on or after such date; provided however that this act shall not
 apply to any appropriations of public funds made prior  to  the  day  on
 which  this act shall have become a law, or to re-appropriations of such
 funds first appropriated prior to the day on which this act  shall  have
 become  a  law.    Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.
 
                                 PART GGG
 
   Section 1. The legislature hereby establishes  the  New  York  digital
 marketplace worker classification task force (hereinafter referred to as
 the  "task  force")  to  provide the governor and the legislature with a

 S. 7508                            219                           A. 9508
 
 legislative recommendation addressing the conditions of  employment  and
 classification  of  workers  in  the modern economy of on-demand workers
 connected to customers via the internet.
   §  2.  1. The task force shall consist of nine members to be appointed
 as follows:
   a. seven members appointed by the governor;
   b. one member appointed by the temporary president of the senate; and
   c. one member appointed by the speaker of the assembly.
   2. The members of the task force shall include but not be  limited  to
 representatives of businesses impacted, labor groups and workers.
   3.  The  members  of  the task force shall receive no compensation for
 their services but shall be allowed their actual and necessary  expenses
 incurred in the performance of their duties pursuant to this act.
   4.  Any  vacancies in the membership of the task force shall be filled
 in the same manner provided for in the initial appointment.
   5. The task force may consult with any organization, government  enti-
 ty,  or  person,  in  the  development of its legislative recommendation
 report required under section three of this act.
   § 3. On or before May 1, 2020, the task  force  shall  submit  to  the
 governor,  the  temporary president of the senate and the speaker of the
 assembly, a legislative recommendation containing, but not  limited  to,
 the following:
   a.  the necessary wages sufficient to provide adequate maintenance and
 to protect the health of the workers engaged in work in the modern econ-
 omy, addressing specific categories of benefits available to workers;
   b. the proper classification of workers;
   c. the criteria necessary to determine if a worker is an employee;
   d. laws regulating safety and health for workers currently  classified
 as independent contractors;
   e. collective bargaining;
   f.  the  availability  of anti-discrimination, opportunity and privacy
 protections for workers currently classified as independent contractors;
 and
   g. any other statutory changes necessary.
   § 4. The labor law is amended by adding a new section 44  to  read  as
 follows:
   §  44.  CLASSIFICATION OF DIGITAL MARKETPLACE WORKERS. A. FOR PURPOSES
 OF THIS SECTION, "DIGITAL MARKETPLACE COMPANY"  MEANS  AN  ORGANIZATION,
 INCLUDING,  BUT NOT LIMITED TO A CORPORATION, LIMITED LIABILITY COMPANY,
 PARTNERSHIP, SOLE PROPRIETOR, OR  ANY  OTHER  ENTITY,  THAT  OPERATES  A
 WEBSITE  OR  SMARTPHONE  APPLICATION,  OR  BOTH,  THAT  CUSTOMERS USE TO
 PURCHASE, SCHEDULE AND/OR OTHERWISE ARRANGE SERVICES INCLUDING, BUT  NOT
 LIMITED TO REPAIR, MAINTENANCE, CONSTRUCTION, PAINTING, ASSEMBLY, CLEAN-
 ING, LAUNDRY, HOUSEKEEPING, DELIVERY, TRANSPORTATION, COOKING, TUTORING,
 MASSAGE,  ACUPUNCTURE,  BABYSITTING,  HOME  CARE, HEALTHCARE, FIRST AID,
 COMPANIONSHIP, OR INSTRUCTION, AND WHERE SUCH COMPANY  UTILIZES  ONE  OR
 MORE INDIVIDUALS TO PROVIDE SUCH SERVICES. SUCH ORGANIZATION: (I) ESTAB-
 LISHES  THE  GROSS  AMOUNTS  EARNED  BY  THE  INDIVIDUAL  PROVIDING SUCH
 SERVICES; (II) ESTABLISHES THE AMOUNTS CHARGED TO  THE  CONSUMER;  (III)
 COLLECTS  PAYMENT  FROM  THE  CONSUMER; (IV) PAYS THE INDIVIDUAL; OR ANY
 COMBINATION OF THE FOREGOING ACTIONS; AND  THE  INDIVIDUAL  MAY  PROVIDE
 SUCH  SERVICES  IN THE NAME OF THE INDIVIDUAL, OR IN THE NAME OF A BUSI-
 NESS, OR AS A SEPARATE BUSINESS ENTITY, AND WITHOUT REGARD THE  CONSUMER
 OF  SUCH PERSONAL SERVICES MAY BE AN INDIVIDUAL, BUSINESS, OTHER ENTITY,
 OR ANY COMBINATION THEREOF. PROVIDED, HOWEVER,  NO  GOVERNMENTAL  ENTITY
 SHALL BE CONSIDERED A DIGITAL MARKETPLACE COMPANY.

 S. 7508                            220                           A. 9508
 
   B. (1) THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE REGULATIONS
 DETERMINING  THE  APPROPRIATE  CLASSIFICATION  OF  INDIVIDUALS PROVIDING
 SERVICES FOR A DIGITAL MARKETPLACE COMPANY AS DEFINED IN  SUBDIVISION  A
 OF  THIS SECTION AND SUCH REGULATIONS SHALL HAVE THE FORCE AND EFFECT OF
 LAW.
   (2)  SUCH  REGULATIONS  SHALL  SET  FORTH THE APPROPRIATE STANDARD FOR
 DETERMINATION OF WHETHER A WORKER SHOULD BE CLASSIFIED AS AN EMPLOYEE OR
 AN INDEPENDENT CONTRACTOR, AND SHALL CONSIDER THE FOLLOWING  CONDITIONS:
 (I) WHETHER THE INDIVIDUAL IS FREE FROM THE CONTROL AND DIRECTION OF THE
 DIGITAL  MARKETPLACE  COMPANY  IN CONNECTION WITH THE PERFORMANCE OF THE
 WORK; (II) WHETHER THE INDIVIDUAL PERFORMS  WORK  THAT  IS  OUTSIDE  THE
 USUAL  COURSE  OF  THE DIGITAL MARKETPLACE COMPANY'S BUSINESS; AND (III)
 WHETHER THE INDIVIDUAL IS CUSTOMARILY ENGAGED IN AN INDEPENDENTLY ESTAB-
 LISHED TRADE, OCCUPATION, PROFESSION OR BUSINESS THAT IS SIMILAR TO  THE
 SERVICE AT ISSUE.
   (3) WORKERS CLASSIFIED AS EMPLOYEES AS PROVIDED FOR IN THIS SECTION OR
 WHO SATISFY ANY OTHER LEGAL TEST FOR EMPLOYMENT, OR HAVE BEEN DETERMINED
 BY  A COURT OR ADMINISTRATIVE AGENCY TO BE EMPLOYEES, SHALL NOT HAVE ANY
 RIGHTS OR PROTECTIONS DIMINISHED BY APPLICATION OF THIS SECTION.
   C. THE COMMISSIONER MAY EXEMPT ANY COMPANY FROM  APPLICATION  OF  THIS
 SECTION,  PROVIDED  SUCH COMPANY HAS ENTERED INTO A COLLECTIVELY NEGOTI-
 ATED AGREEMENT WITH A RECOGNIZED COLLECTIVE BARGAINING AGENT.
   § 5. This act shall take effect immediately; provided,  however,  that
 section four of this act shall take effect May 1, 2020.
   § 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.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable  effective date of Parts A through GGG of this act shall
 be as specifically set forth in the last section of such Parts.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7508--B                                            A. 9508--B
 
                       S E N A T E - A S S E M B L Y
 
                             January 22, 2020
                                ___________
 
 IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
   cle seven of the Constitution -- read twice and ordered  printed,  and
   when  printed to be committed to the Committee on Finance -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  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
 
 AN ACT to amend the highway law and the transportation law, in  relation
   to  consolidated  local highway assistance payments (Part A); to amend
   the vehicle and traffic law in relation to  penalties  for  commercial
   vehicles  on parkways and penalties for over-height vehicles (Part B);
   to amend the vehicle and traffic law, in relation to  the  display  of
   amber  and  blue  lights  on  safety service patrol vehicles (Part C);
   intentionally omitted (Part D); to amend the vehicle and traffic  law,
   in relation to the maximum dimension of certain vehicles proceeding to
   and  from  the New York state thruway authority (Part E); to amend the
   public authorities law, in relation to  agreements  for  fiber  optics
   (Part  F);  intentionally  omitted  (Part G); to amend the vehicle and
   traffic law, in relation to  penalties  for  unlicensed  operation  of
   ground  transportation  to  and  from  airports (Part H); to amend the
   public authorities law, in relation to setting the aggregate principal
   amount of bonds the Metropolitan  transit  authority,  the  Triborough
   bridge  and  tunnel  authority and the New York city transit authority
   can issue (Part I); intentionally omitted (Part J); to  amend  chapter
   54  of the laws of 2016 amending the general municipal law relating to
   the New York transit authority  and  the  metropolitan  transportation
   authority,  in  relation  to extending authorization for tax increment
   financing for the  metropolitan  transportation  authority  (Part  K);
   intentionally omitted (Part L); intentionally omitted (Part M); inten-
   tionally  omitted  (Part  N);  intentionally  omitted (Part O); inten-
   tionally omitted (Part P); intentionally omitted (Part  Q);  to  amend
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12673-03-0

 S. 7508--B                          2                         A. 9508--B

   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 effectiveness thereof (Part R);  to  amend  the  general
   business law, in relation to prohibiting pricing of goods and services
   on  the  basis  of gender (Part S); intentionally omitted (Part T); to
   amend the state law, in relation to making changes to the arms of  the
   state  (Part U); to amend the executive law, the real property law and
   the general business law, in relation to qualifications  for  appoint-
   ment  and  employment  (Part  V);  to  amend the real property law, in
   relation to home inspection professional licensing  (Part  W);  inten-
   tionally  omitted  (Part X); to authorize utility and cable television
   assessments that provide funds to the department of health from  cable
   television  assessment  revenues  and to the department of agriculture
   and markets, department of environmental conservation,  department  of
   state,  and  the office of parks, recreation and historic preservation
   from utility assessment revenues; and providing for the repeal of such
   provisions upon expiration thereof  (Part  Y);  intentionally  omitted
   (Part Z); intentionally omitted (Part AA); intentionally omitted (Part
   BB);  to  amend  chapter  584 of the laws of 2011, amending the public
   authorities law relating to the powers and  duties  of  the  dormitory
   authority  of  the  state of New York relative to the establishment of
   subsidiaries for certain purposes, in relation  to  the  effectiveness
   thereof  (Part  CC);  to  amend  the infrastructure investment act, in
   relation to requiring certain contracts to comply  with  service-disa-
   bled veteran-owned business enterprises, negotiating prices in certain
   lump-sum  contracts, referencing certain sections of law and providing
   for a date of repeal (Part DD); to amend  the  New  York  state  urban
   development corporation act, in relation to extending the authority of
   the  New  York  state  urban development corporation to administer the
   empire state economic development fund (Part EE); to amend chapter 393
   of the laws of 1994 amending the  New  York  state  urban  development
   corporation  act,  relating  to the powers of the New York state urban
   development corporation to make loans, in relation  to  extending  the
   general  loan  powers  of  the New York state urban development corpo-
   ration (Part FF); to amend the economic development law,  in  relation
   to economic transformation program eligibility (Part GG); 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 program, as well as climate change
   related expenses of the department of environmental  conservation  and
   the  department  of  agriculture and markets' Fuel NY program, from an
   assessment on gas and electric corporations (Part HH);  to  amend  the
   labor  law,  in  relation  to the definition of farm laborer and labor
   practices for farm laborers (Part II); to amend the general  municipal
   law,  in  relation  to  procurement procedures for school districts in
   relation to New York state products (Part JJ);  to  amend  the  public
   authorities  law, in relation to the water pollution control revolving
   fund and the drinking water revolving fund  (Part  KK);  intentionally
   omitted (Part LL); to amend the financial services law, in relation to
   student  debt  consultants (Part MM); intentionally omitted (Part NN);
   intentionally omitted (Part OO); to amend the environmental  conserva-
   tion  law,  in  relation  to  expanded  polystyrene foam container and
   polystyrene loose fill packaging ban; to amend the state finance  law,
   in  relation to moneys collected for violations of the expanded polys-

 S. 7508--B                          3                         A. 9508--B
 
   tyrene  foam  container  and  polystyrene loose   fill packaging  ban;
   and  providing  for  the  repeal of certain provisions upon expiration
   thereof (Part PP); authorizing the  creation  of  state  debt  in  the
   amount  of three billion dollars, in relation to creating the environ-
   mental bond act of 2020 "restore mother nature" for  the  purposes  of
   environmental  improvements  that  preserve,  enhance, and restore New
   York's natural resources and reduce the impact of climate change;  and
   providing  for  the submission to the people of a proposition or ques-
   tion therefor to be voted upon at the general election to be  held  in
   November,  2020 (Part QQ); to amend the environmental conservation law
   and the state finance law, in relation to the  implementation  of  the
   environmental  bond  act  of  2020  "restore mother nature" (Part RR);
   intentionally omitted (Part SS); intentionally omitted (Part  TT);  to
   authorize  the county of Nassau, to permanently and temporarily convey
   certain  easements  and  to  temporarily  alienate  certain  parklands
   (Subpart  A);  to  authorize  the  village of East Rockaway, county of
   Nassau, to permanently and temporarily convey certain easements and to
   temporarily alienate certain parklands (Subpart B); and  to  authorize
   the  village of Rockville Centre, county of Nassau, to permanently and
   temporarily convey  certain  easements  and  to  temporarily  alienate
   certain  parklands  (Subpart C) (Part UU); intentionally omitted (Part
   VV); to amend the  environmental  conservation  law,  in  relation  to
   banning  fracking  (Part WW); to amend the vehicle and traffic law, in
   relation to bicycles with electric assist and electric scooters  (Part
   XX); to amend chapter 62 of the laws of 2003, amending the vehicle and
   traffic  law and other laws relating to increasing certain motor vehi-
   cle transaction fees, in relation to the effectiveness thereof; and to
   amend chapter 84 of the laws of 2002, amending the state  finance  law
   relating to the costs of the department of motor vehicles, in relation
   to the effectiveness thereof (Part YY); to amend the vehicle and traf-
   fic  law,  in  relation to the acceptance of applications for accident
   prevention and pre-licensing internet courses; and  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 effec-
   tiveness thereof (Part ZZ); intentionally omitted (Part  AAA);  inten-
   tionally  omitted (Part BBB); intentionally omitted (Part CCC); inten-
   tionally omitted (Part DDD); to amend the New York Buy  American  Act,
   in relation to the report to be provided and to making such provisions
   permanent  (Part EEE); to amend the labor law, in relation to prevail-
   ing wage requirements (Part FFF); intentionally  omitted  (Part  GGG);
   intentionally  omitted  (Part  HHH); to amend the New York state urban
   development corporation act, in relation to the corporations' authori-
   zation to provide financial  and  technical  assistance  to  community
   development  financial  institutions  (Part  III); to amend the public
   service law, the executive law, the public authorities law, the  envi-
   ronmental  conservation  law and the state finance law, in relation to
   accelerating the growth of renewable energy facilities to  meet  crit-
   ical  state  energy policy goals; and providing for the repeal of such
   provisions upon expiration thereof (Part JJJ); to amend  the  economic
   development law, in relation to extending the application deadline for
   businesses  to  participate  in the START-UP NY program (Part KKK); to
   amend the public authorities  law,  in  relation  to  authorizing  the
   metropolitan  transportation authority to borrow money and issue nego-
   tiable notes, bonds or other obligations to offset decreases in reven-
   ue; and providing for the repeal of certain provisions upon expiration

 S. 7508--B                          4                         A. 9508--B
 
   thereof (Part LLL); to amend the public authorities law,  in  relation
   to  the  central business district tolling lockbox fund (Part MMM); to
   amend the mental hygiene law, in relation to admission to  residential
   treatment  facilities  (RTF)  for  children  and  youth (Part NNN); to
   authorize the transfer of certain office of mental health employees to
   the secure treatment rehabilitation center (Part OOO);  to  amend  the
   mental  hygiene  law,  in relation to the amount of time an individual
   may be held for emergency observation, care, and treatment in CPEP and
   the implementation of satellite sites; to amend  chapter  723  of  the
   laws  of  1989 amending the mental hygiene law and other laws relating
   to comprehensive psychiatric emergency programs, in  relation  to  the
   effectiveness  of certain provisions thereof; and to repeal paragraphs
   4 and 8 of subdivision (a) and subdivision (i) of section 31.27 of the
   mental hygiene law, relating thereto (Part PPP); to amend  the  insur-
   ance  law,  in  relation  to  penalties  relating to mental health and
   substance use disorder parity compliance requirements;  and  to  amend
   the state finance law and the public health law, in relation to estab-
   lishing  the  behavioral  health parity compliance fund (Part QQQ); to
   amend the mental hygiene law, the social services law and  the  public
   health  law,  in relation to providers of service (Part RRR); to amend
   education law and other laws relating to applied behavior analysis, in
   relation to extending the expiration  of  certain  provisions  thereof
   (Part  SSS); to amend part Q of chapter 59 of the laws of 2016, amend-
   ing the mental hygiene law relating to the closure or  transfer  of  a
   state-operated  individualized residential alternative, in relation to
   the effectiveness thereof (Part TTT); to amend the state finance  law,
   in  relation  to providing funding for the Metropolitan Transportation
   Authority  2020-2024  capital  program   and   paratransit   operating
   expenses;  and  providing  for  the  repeal of certain provisions upon
   expiration thereof (Part UUU); to amend the public authorities law, in
   relation  to  acquisitions  or  transfers  of  property  for   transit
   projects;  and  providing  for  the repeal of such provisions upon the
   expiration thereof (Part VVV); to amend the tax law and  the  adminis-
   trative  code  of the city of New York, in relation to decoupling from
   certain federal tax changes (Part WWW); to amend chapter  492  of  the
   laws  of  1993  amending the local finance law relating to installment
   loans and obligations evidencing installment  loans,  in  relation  to
   extending  the effectiveness thereof (Item A); to amend chapter 581 of
   the laws of 2005 amending the local finance law relating to  statutory
   installment  bonds, in relation to extending the effectiveness thereof
   (Item B); to amend chapter 629 of the laws of 2005, amending the local
   finance law relating to refunding bonds, in relation to extending  the
   effectiveness  thereof  (Item  C); to amend chapter 307 of the laws of
   2005, amending the public authorities  law  relating  to  the  special
   powers  of the New York state environmental facilities corporation, in
   relation to extending the effectiveness thereof (Item D); to amend the
   environmental conservation law, in relation to extending the authority
   of the department of environmental conservation to manage Atlantic and
   shortnose sturgeon (Item E); to amend the  environmental  conservation
   law, in relation to extending the authority of the department of envi-
   ronmental  conservation  to manage Atlantic Cod (Item F); to amend the
   environmental conservation law, in relation to extending the authority
   of the department of environmental  conservation  to  manage  Atlantic
   herring  (Item  G);  to  amend  the environmental conservation law, in
   relation to extending the authority of the department of environmental
   conservation to manage black sea bass (Item H); to amend the  environ-

 S. 7508--B                          5                         A. 9508--B
 
   mental conservation law, in relation to extending the authority of the
   department   of   environmental   conservation   to   manage  blueback
   herring(Item I); to  amend  the  environmental  conservation  law,  in
   relation to extending the authority of the department of environmental
   conservation  to  manage  crabs  (Item  J); to amend the environmental
   conservation law, in  relation  to  extending  the  authority  of  the
   department  of  environmental  conservation  to restrict the taking of
   fish, shellfish and crustacea in special management areas (Item K); to
   amend the environmental conservation law, in relation to extending the
   authority of the department of environmental conservation to manage of
   fluke-summer flounder (Item L); to amend the  environmental  conserva-
   tion  law, in relation to extending the authority of the department of
   environmental conservation to manage scup (Item M); to amend the envi-
   ronmental conservation law, in relation to extending the authority  of
   the  department  of  environmental conservation to manage sharks (Item
   N); to amend  the  environmental  conservation  law,  in  relation  to
   extending  the  authority of the department of environmental conserva-
   tion to manage squid (Item O); to amend the environmental conservation
   law, in relation to extending the authority of the department of envi-
   ronmental conservation to manage whelk and conch (Item  P);  to  amend
   the  environmental  conservation  law,  in  relation  to extending the
   authority of the department of environmental  conservation  to  manage
   winter  flounder (Item Q); and to amend the environmental conservation
   law, in relation to commercial fishing licenses (Item  R)(Subpart  A);
   to authorize certain health care professionals licensed to practice in
   other  jurisdictions  to  practice in this state in connection with an
   event sanctioned by the World Triathlon Corporation; and providing for
   the repeal of such provisions upon expiration  thereof  (Item  A);  to
   amend chapter 510 of the laws of 2013, authorizing the city of Middle-
   town  to  enter  into a contract to sell or pledge as collateral for a
   loan some or all of the delinquent  liens  held  by  such  city  to  a
   private  party or engage a private party to collect some or all of the
   delinquent tax liens held by it,  in  relation  to  the  effectiveness
   thereof (Item B); redistributing bond volume allocations made pursuant
   to  section  146  of  the  federal tax reform act of 1986, relating to
   allocation of the unified state bond volume ceiling, and enacting  the
   private  activity  bond  allocation act of 2020; and providing for the
   repeal of certain provisions upon  expiration  thereof  (Item  C);  to
   amend chapter 448 of the laws of 2017, amending the canal law relating
   to  the  upstate flood mitigation task force, in relation to extending
   the effectiveness thereof (Item D); intentionally  omitted  (Item  E);
   intentionally omitted (Item F); intentionally omitted (Item G); inten-
   tionally  omitted  (Item  H);  intentionally  omitted (Item I); inten-
   tionally omitted (Item J); to amend chapter 454 of the laws  of  2010,
   amending  the  vehicle and traffic law relating to authorizing a pilot
   residential parking permit system in the city of Albany,  in  relation
   to  the  effectiveness  thereof  (Item K); to amend chapter 465 of the
   laws of 1994, amending chapter 285 of the laws  of  1891  relating  to
   charging  a  fee  for  admission  to the New York Botanical Garden, in
   relation to the effectiveness thereof (Item L); to amend  chapter  414
   of the laws of 2018, creating the radon task force, in relation to the
   reporting  date  and  effectiveness thereof (Item M); to amend chapter
   435 of the laws of 2014 amending the  environmental  conservation  law
   relating  to defining spearguns and allowing recreational spearfishing
   in New York's marine and coastal waters, in relation to extending  the
   effectiveness  thereof  (Item  N); to amend chapter 330 of the laws of

 S. 7508--B                          6                         A. 9508--B
 
   2014, amending the environmental conservation law relating to  aquatic
   invasive species, spread prevention, and penalties, in relation to the
   effectiveness  thereof  (Item  O); to amend chapter 104 of the laws of
   2005, enacting the September 11th worker protection task force act, in
   relation  to  extending  the  expiration  of such chapter (Item P); to
   amend chapter 266 of the laws of 1981, amending the civil practice law
   and rules relating to time limitations, in relation to extending  time
   limitations  for certain actions (Item Q); to amend chapter 455 of the
   laws of 1997 amending the New York city civil court act and the  civil
   practice  law and rules relating to authorizing New York city marshals
   to exercise the same functions, powers and  duties  as  sheriffs  with
   respect  to the execution of money judgments, in relation to extending
   the effectiveness of such chapter (Item R); to amend  chapter  490  of
   the  laws  of  2017  amending  the insurance law relating to limits on
   certain  supplementary  insurance,  in  relation  to   extending   the
   provisions  thereof  (Item  S);  to  amend  the  local finance law, in
   relation to the sale of municipal obligations by the  county  of  Erie
   (Item T); to amend chapter 846 of the laws of 1970, amending the coun-
   ty  law relating to payment in lieu of taxes for property acquired for
   park or recreational purposes, in relation to extending  the  term  of
   effectiveness  of  such  chapter (Item U); to amend chapter 821 of the
   laws of 1970 amending the town law relating  to  payment  in  lieu  of
   taxes  for  property acquired for park or recreational purposes by the
   town of Hempstead, in relation to the term of  effectiveness  of  such
   chapter  (Item  V);  to amend chapter 20 of the laws of 1998, amending
   the education law  relating  to  the  provision  of  physical  therapy
   assistant  services  in  public  and  private  primary  and  secondary
   schools, in relation to extending the effectiveness  of  such  chapter
   (Item  W);  to  amend  chapter  549  of the laws of 1994, amending the
   public authorities law relating to the membership composition  of  the
   metropolitan  transportation authority board, in relation to extending
   the effectiveness of such provisions (Item X); to amend chapter 62  of
   the  laws  of 2003, amending the public service law relating to estab-
   lishing the New  York  telecommunications  relay  service  center,  in
   relation  to  extending certain provisions of such center (Item Y); to
   amend chapter 55 of the laws of 2014, amending the real  property  tax
   law relating to the tax abatement and exemption for rent regulated and
   rent  controlled  property occupied by senior citizens, in relation to
   the effectiveness thereof; and to amend chapter 129  of  the  laws  of
   2014, amending the real property tax law relating to the tax abatement
   and exemption for rent regulated and rent controlled property occupied
   by persons with disabilities, in relation to the effectiveness thereof
   (Item  Z); to amend chapter 427 of the laws of 2017 amending the state
   technology law relating to the creation of a state  information  tech-
   nology  innovation  center,  in  relation  to extending the provisions
   thereof (Item AA); to amend chapter 606 of the laws of  2006  amending
   the  volunteer  firefighters'  benefit  law  relating  to  creating  a
   presumption relating to certain lung disabilities incurred  by  volun-
   teer  firefighters,  in  relation to the effectiveness of such chapter
   (Item BB); to amend chapter 668 of the  laws  of  1977,  amending  the
   volunteer  firefighters'  benefit  law  relating  to disability due to
   disease or malfunction of the heart or coronary arteries, in  relation
   to  extending  the  expiration  of such provisions (Item CC); to amend
   chapter 217 of the laws of 2015, amending the education  law  relating
   to  certified  school psychologists and special education services and
   programs for  preschool  children  with  handicapping  conditions,  in

 S. 7508--B                          7                         A. 9508--B
 
   relation  to the effectiveness thereof (Item DD); to amend chapter 192
   of the laws of 2011,  relating  to  authorizing  certain  health  care
   professionals  licensed to practice in other jurisdictions to practice
   in  this state in connection with an event sanctioned by New York Road
   Runners, in relation to extending the provisions thereof (Item EE); to
   amend chapter 378 of the laws  of  2010  amending  the  education  law
   relating   to  paperwork  reduction,  in  relation  to  extending  the
   provisions thereof (Item FF); to  amend  the  local  finance  law,  in
   relation to bonds and notes of the city of Yonkers (Item GG); to amend
   the  local  finance law, in relation to the sale of bonds and notes of
   the city of Buffalo (Item HH); to amend chapter 401  of  the  laws  of
   2002,  amending the real property tax law and the Nassau county admin-
   istrative code relating to assessment and review of assessments in the
   county of Nassau, in relation to extending certain provisions  thereof
   (Item  II);  to  amend  the  insurance  law,  in relation to extending
   provisions of the property/casualty insurance availability  act  (Item
   JJ);  to  amend chapter 548 of the laws of 2004 amending the education
   law relating to certain tuition waivers for police officer students of
   the city  university  of  New  York,  in  relation  to  extending  the
   provisions of such chapter (Item KK); to amend part U of chapter 56 of
   the  laws  of  2018,  amending the education law relating to requiring
   regulations to permit tuition waivers  for  certain  firefighters  and
   fire officers for CUNY, in relation to the effectiveness thereof (Item
   LL);  to  amend  chapter 274 of the laws of 2010 amending the environ-
   mental conservation  law  relating  to  repair  of  damaged  pesticide
   containers,  in  relation  to  the effectiveness thereof (Item MM); to
   amend the environmental conservation law,  in  relation  to  pesticide
   registration time frames and fees; and to amend chapter 67 of the laws
   of  1992,  amending  the  environmental  conservation  law relating to
   pesticide product registration timetables and fees, in relation to the
   effectiveness thereof (Item NN); to amend chapter 130 of the  laws  of
   1998, amending the general municipal law relating to temporary invest-
   ments by local governments, in relation to extending the expiration of
   the  provisions thereof (Item OO); to amend chapter 779 of the laws of
   1986,  amending  the  social  services  law  relating  to  authorizing
   services  for  non-residents in adult homes, residences for adults and
   enriched housing programs, in relation to extending the  effectiveness
   of  certain  provisions  thereof (Item PP); to amend the local finance
   law, in relation to the sale of bonds and notes of  the  city  of  New
   York,  the issuance of bonds or notes with variable rates of interest,
   interest rate exchange agreements of the city of New York, the refund-
   ing of bonds, and the down payment for projects financed by bonds;  to
   amend  the  New York state financial emergency act for the city of New
   York, in relation to a pledge and agreement of the state; and to amend
   chapter 142 of the laws of 2004, amending the local finance law relat-
   ing to interest rate exchange agreements of the city of New  York  and
   refunding bonds of such city, in relation to the effectiveness thereof
   (Item QQ); to amend the racing, pari-mutuel wagering and breeding law,
   in  relation  to certain payments to the horsemen's organization (Item
   RR); to amend chapter 237 of the laws of 2015 amending  the  judiciary
   law,  the  civil practice law and rules and other laws relating to use
   of electronic means for the  commencement  and  filing  of  papers  in
   certain  actions  and  proceedings,  in  relation to the effectiveness
   thereof (Item SS); to amend chapter 890 of the laws of 1982,  relating
   to the establishment of certain water charges for hospitals and chari-
   ties  in New York city, in relation to the effectiveness thereof (Item

 S. 7508--B                          8                         A. 9508--B

   TT); to amend chapter 573 of the laws of 2011, amending the correction
   law relating to the boarding of out of state inmates at local  correc-
   tional  facilities,  in  relation  to  extending the expiration of the
   provisions  thereof (Item UU); to amend chapter 29 of the laws of 2011
   amending the executive law and other laws relating to the adoption  of
   the  interstate  compact  for  juveniles  by the state of New York, in
   relation to the effectiveness thereof (Item VV); to amend chapter  363
   of  the  laws of 2010, amending the judiciary law relating to granting
   the chief administrator of the courts the authority to allow  referees
   to  determine  applications  for orders of protection during the hours
   family court is in session, in relation to the expiration date thereof
   (Item WW); to amend the economic development law, in  relation  to  an
   advisory  panel  on  employee-owned enterprises within the division of
   small business services; and to amend chapter 435 of the laws of  2017
   amending  the  economic  development  law, relating to establishing an
   advisory panel on employee-owned enterprises within  the  division  of
   small  business  services,  in  relation  to the effectiveness thereof
   (Item XX); to amend chapter 522 of the  laws  of  2000,  amending  the
   state  finance law and the general business law relating to establish-
   ing the underground facilities safety training account, in relation to
   the effectiveness thereof (Item YY); to amend chapter 141 of the  laws
   of  2014  amending  the    environmental  conservation law relating to
   authorizing the hunting of   big game in the  county  of  Albany  with
   rifles,  in  relation to the effectiveness thereof (Item ZZ); to amend
   chapter 396 of the  laws  of  2010  amending  the  alcoholic  beverage
   control  law  relating  to  liquidator's  permits and temporary retail
   permits, in relation to the effectiveness of certain provisions there-
   of (Item AAA); to amend chapter 473 of the laws of 2010  amending  the
   racing, pari-mutuel wagering and breeding law relating to the New York
   state  thoroughbred  breeding and development fund, in relation to the
   effectiveness thereof (Item BBB); to amend chapter 451 of the laws  of
   2012,  amending  the  labor  law relating to permitted deductions from
   wages, in relation to extending the effectiveness of  such  provisions
   (Item  CCC);  to  amend  chapter  456  of the laws of 2018 relating to
   establishing the digital currency task force, in relation to extending
   the provisions of such chapter (Item DDD); to amend chapter 548 of the
   laws of 2010, amending the New York city charter relating to authoriz-
   ing the city of New York to sell  to  abutting  property  owners  real
   property  owned  by  such  city, consisting of tax lots that cannot be
   independently developed due to  the  size,  shape,  configuration  and
   topography of such lots and the zoning regulations applicable thereto,
   in  relation to the effectiveness thereof (Item EEE); to amend chapter
   402 of the laws of 1994, amending the state  administrative  procedure
   act  relating to requiring certain agencies to submit regulatory agen-
   das for publication in the state register, in relation to  the  effec-
   tiveness  thereof (Item FFF); to amend chapter 378 of the laws of 2014
   amending the environmental conservation law relating to the taking  of
   sharks,  in  relation  to  the expiration thereof (Item GGG); to amend
   chapter 306 of the laws of 2011,  authorizing  owners  of  residential
   real  property  in high risk brush fire areas in the borough of Staten
   Island to cut and remove reeds from their  property,  in  relation  to
   extending  the  expiration  and  repeal date thereof for an additional
   year (Item HHH); to amend chapter 110 of the laws of 2019, relating to
   creating a temporary state commission to study and investigate how  to
   regulate artificial intelligence, robotics and automation, in relation
   to  the  effectiveness  thereof (Item III); to amend the real property

 S. 7508--B                          9                         A. 9508--B
 
   tax law, in relation to the determination of adjusted base proportions
   in special assessing units which are cities (Item JJJ); to  amend  the
   real  property  tax  law,  in relation to extending limitations on the
   shift  between  classes of taxable property in the town of Orangetown,
   county of Rockland (Item KKK); to amend the real property tax law,  in
   relation  to  extending  limitations  on  the shift between classes of
   taxable property in the town of Clarkstown, county of  Rockland  (Item
   LLL);  to  amend  the  real  property tax law, in relation to allowing
   certain special assessing units other  than  cities  to  adjust  their
   current  base  proportions,  adjusted  base proportions for assessment
   rolls, and the base proportion in approved assessing units  in  Nassau
   county  (Item MMM); to amend the general municipal law and the retire-
   ment and social  security  law,  in  relation  to  increasing  certain
   special  accidental death benefits (Item NNN); to amend chapter 633 of
   the laws of 2006, amending the public health law relating to the  home
   based  primary care for the elderly demonstration project, in relation
   to the effectiveness thereof (Item OOO); to amend chapter 329  of  the
   laws  of  2015  amending  the  vehicle and traffic law relating to the
   residential parking system in the village of Dobbs Ferry in the county
   of Westchester, in relation to the effectiveness thereof  (Item  PPP);
   to  amend  chapter  383  of the laws of 1991, relating to the incorpo-
   ration of the New York Zoological Society, in  relation  to  extending
   the  expiration  date of free one day admission to the zoological park
   (Item QQQ); to amend  the  real  property  tax  law,  in  relation  to
   increasing the average assessed value threshold and to eligibility for
   J-51  tax  abatements  (Item RRR); to amend chapter 831 of the laws of
   1981, amending the labor law relating to fees and  expenses  in  unem-
   ployment insurance proceedings, in relation to the effectiveness ther-
   eof  (Item  SSS); to amend the insurance law, in relation to extending
   authorization for certain exemptions from  filing  requirements  (Item
   TTT); and to amend the tax law and the administrative code of the city
   of New York, in relation to extending the tax rate reduction under the
   New  York  state  real  estate transfer tax and the New York city real
   property transfer tax for conveyances of  real  property  to  existing
   real  estate  investment funds (Item UUU)(Subpart B); to amend the tax
   law, in relation to the imposition of sales and compensating use taxes
   by the county of Albany (Item A); to amend the tax law, in relation to
   extending the expiration of the provisions authorizing the  county  of
   Allegany  to  impose  an additional one and one-half percent sales and
   compensating use taxes (Item B); to amend the tax law, in relation  to
   extending the authorization of the county of Broome to impose an addi-
   tional  one  percent  of sales and compensating use taxes (Item C); to
   amend the  tax  law,  in  relation  to  extending  the  expiration  of
   provisions  authorizing  the  county of Cattaraugus to impose an addi-
   tional one percent of sales and compensating  use  tax  (Item  D);  to
   amend  the  tax law, in relation to extending the authorization of the
   county of Cayuga to impose an additional  one  percent  of  sales  and
   compensating  use taxes (Item E); to amend the tax law, in relation to
   authorizing Chautauqua county to impose an additional one percent rate
   of sales and compensating use taxes (Item F); to amend the tax law, in
   relation to extending the authorization of the county  of  Chemung  to
   impose  an  additional one percent of sales and compensating use taxes
   (Item G); to amend the tax law, in relation to extending the authority
   of Chenango county to impose additional taxes (Item H); to  amend  the
   tax  law, in relation to extending the expiration of the authorization
   granted to the county of Clinton to impose an additional rate of sales

 S. 7508--B                         10                         A. 9508--B
 
   and compensating use tax (Item I); to amend the tax law,  in  relation
   to  sales  and  compensating  use  tax in Columbia county (Item J); to
   amend the tax law, in relation  to  extending  the  authorization  for
   imposition of additional sales tax in the county of Cortland (Item K);
   to  amend  the  tax law, in relation to extending the authorization of
   the county of Delaware to impose an additional one  percent  of  sales
   and compensating use taxes (Item L); to amend the tax law, in relation
   to  sales  and  compensating  use  tax in Dutchess county (Item M); to
   amend the tax law, in relation to the imposition of  additional  rates
   of  sales and compensating use taxes by Erie county (Item N); to amend
   the tax law, in relation to extending the authorization granted to the
   county of Essex to impose an  additional  one  percent  of  sales  and
   compensating  use taxes (Item O); to amend the tax law, in relation to
   extending the expiration of the authority granted  to  the  county  of
   Franklin to impose an additional one percent of sales and compensating
   use  taxes  (Item P); to amend the tax law, in relation to the imposi-
   tion of additional sales and compensating use  tax  in  Fulton  county
   (Item  Q);  to amend the tax law, in relation to extending the expira-
   tion of the authorization to the county of Genesee to impose an  addi-
   tional  one  percent  of sales and compensating use taxes (Item R); to
   amend the tax law, in relation  to  extending  the  authorization  for
   imposition  of  additional  sales and compensating use taxes in Greene
   county (Item S); to amend the tax law, in relation  to  extending  the
   authorization  of  the  county of Hamilton to impose an additional one
   percent of sales and compensating use taxes (Item T); to amend the tax
   law, in relation to extending the period during which  the  county  of
   Herkimer is authorized to impose additional sales and compensating use
   taxes  (Item  U); to amend the tax law, in relation to authorizing the
   county of Jefferson to impose additional sales tax (Item V); to  amend
   the  tax law, in relation to authorizing the county of Lewis to impose
   an additional one percent of sales and compensating  use  taxes  (Item
   W);  to  amend  the  tax law, in relation to authorizing the county of
   Livingston to impose an additional one percent sales tax (Item X);  to
   amend  the  tax law, in relation to extending the authorization of the
   county of Madison to impose an additional rate of sales and compensat-
   ing use taxes (Item Y); to amend the tax law, in relation to the impo-
   sition of sales and compensating use taxes by  the  county  of  Monroe
   (Item Z); to amend the tax law, in relation to the imposition of sales
   and  compensating  use  taxes in Montgomery county (Item AA); to amend
   the tax law, in relation to extending the authority of the  county  of
   Nassau  to  impose  additional  sales  and compensating use taxes, and
   extending local government assistance programs in Nassau county  (Item
   BB);  to  amend  the  tax  law, in relation to continuing to authorize
   Niagara county to impose an additional rate of sales and  compensating
   use  taxes (Item CC); to amend the tax law, in relation to authorizing
   Oneida county to impose additional rates of sales and compensating use
   taxes and providing for allocation and distribution of  a  portion  of
   net collections from such additional rates (Item DD); to amend the tax
   law, in relation to extending the authorization of the county of Onon-
   daga  to impose an additional rate of sales and compensating use taxes
   (Item EE); to amend the tax law, in relation to extending the authori-
   zation for Ontario county to impose  additional  rates  of  sales  and
   compensating use taxes (Item FF); to amend the tax law, in relation to
   extending  the  authority  of  the county of Orange to impose an addi-
   tional rate of sales and compensating use taxes (Item  GG);  to  amend
   the  tax  law,  in  relation  to extending the period during which the

 S. 7508--B                         11                         A. 9508--B
 
   county of Orleans is authorized to impose additional  rates  of  sales
   and  compensating  use  taxes  (Item  HH);  to  amend  the tax law, in
   relation to extending authorization  for  an  additional  one  percent
   sales  and  compensating use tax in the county of Oswego (Item II); to
   amend the tax law, in relation  to  extending  the  authorization  for
   imposition  of additional sales tax in the county of Otsego (Item JJ);
   to amend the tax law, in relation  to  the  imposition  of  sales  and
   compensating use taxes in the county of Putnam (Item KK); to amend the
   tax  law,  in relation to extending the authorization of the county of
   Rensselaer to impose an additional one percent of sales and compensat-
   ing use taxes (Item LL); to amend the tax law, in relation to  author-
   izing the county of Rockland to impose an additional rate of sales and
   compensating use taxes (Item MM); to amend the tax law, in relation to
   extending  the  authority  of  St. Lawrence county to impose sales tax
   (Item NN); to amend the tax law, in  relation  to  the  imposition  of
   sales  and  compensating  use  tax in Schenectady county (Item OO); to
   amend the tax law, in relation  to  extending  the  authorization  for
   imposition  of  additional  sales tax in the county of Schoharie (Item
   PP); to amend the tax law, in relation to extending the  authorization
   of the county of Schuyler to impose an additional one percent of sales
   and  compensating  use  taxes  (Item  QQ);  to  amend  the tax law, in
   relation to extending the expiration of the authorization to the coun-
   ty of Seneca to impose an additional one percent sales and  compensat-
   ing  use tax (Item RR); to amend the tax law, in relation to extending
   the authorization of the county of Steuben to impose an additional one
   percent of sales and compensating use taxes (Item SS);  to  amend  the
   tax  law,  in  relation  to  extending  the authority of the county of
   Suffolk to impose an additional one percent of sales and  compensating
   use  tax  (Item  TT);  to  amend the tax law, in relation to extending
   authorization to impose certain taxes in the county of Sullivan  (Item
   UU);  to amend the tax law, in relation to extending the authorization
   of the county of Tioga to impose an additional one  percent  of  sales
   and  compensating  use  taxes  (Item  VV);  to  amend  the tax law, in
   relation to extending the authorization of the county of  Tompkins  to
   impose  an  additional one percent of sales and compensating use taxes
   (Item WW); to amend the tax law and chapter 200 of the  laws  of  2002
   amending  the  tax  law  relating  to certain tax rates imposed by the
   county of Ulster, in relation to extending the authority of the county
   of Ulster to impose an additional 1 percent sales and compensating use
   tax (Item XX); to amend the tax law,  in  relation  to  extending  the
   additional  one percent sales tax for Wayne county (Item YY); to amend
   the tax law, in relation to extending the expiration of  the  authori-
   zation  to  the  county of Wyoming to impose an additional one percent
   sales and compensating use tax (Item ZZ); to amend  the  tax  law,  in
   relation  to  extending  the  authorization  of the county of Yates to
   impose an additional one percent of sales and compensating  use  taxes
   (Item AAA); to amend the tax law, in relation to extending the author-
   ization  of  the  city  of  Oswego to impose an additional tax rate of
   sales and compensating use taxes (Item BBB); to amend the tax law,  in
   relation to authorizing the city of Yonkers to impose additional sales
   tax; and to amend chapter 67 of the laws of 2015, amending the tax law
   relating to authorizing the city of Yonkers to impose additional sales
   tax,  in relation to extending provisions relating thereto (Item CCC);
   to amend the tax law, in relation to extending  the  authorization  of
   the  city of New Rochelle to impose an additional sales and compensat-
   ing use tax (Item DDD); and to amend  the  tax  law,  in  relation  to

 S. 7508--B                         12                         A. 9508--B
 
   revising  the  period of authorization for the county of Westchester's
   additional one percent rate of sales and compensating use tax and  the
   expiration of the Westchester county spending limitation act; to amend
   chapter  272 of the laws of 1991, amending the tax law relating to the
   method of disposition of sales and compensating  use  tax  revenue  in
   Westchester  county and enacting the Westchester county spending limi-
   tation act, in relation to revising the period  of  authorization  for
   the  county of Westchester's additional one percent rate of sales; and
   to amend chapter 44 of the laws of 2019, amending the tax law relating
   to authorizing the county of Westchester to impose an additional  rate
   of  sales  and  compensating  use  tax,  in  relation to extending the
   authorization for the county of Westchester impose an  additional  tax
   rate  of  sales  and  compensating use taxes (Item EEE)(Subpart C); to
   amend the tax law, in relation to extending the authority of the coun-
   ty of Nassau to impose hotel and motel taxes in Nassau county; and  to
   amend  chapter 179 of the laws of 2000, amending the tax law, relating
   to hotel and motel taxes in Nassau county and a surcharge  on  tickets
   to  places  of  entertainment in such county, in relation to extending
   certain provisions thereof (Item A); to amend chapter 405 of the  laws
   of 2007, amending the tax law relating to increasing hotel/motel taxes
   in  Chautauqua county, in relation to extending the expiration of such
   provisions (Item B); to amend the tax law, in  relation  to  extending
   the  expiration  of  the authority granted to the county of Suffolk to
   impose hotel and motel taxes (Item C); and to amend chapter 105 of the
   laws of 2009, amending chapter 693 of the laws of  1980  enabling  the
   county  of Albany to impose and collect taxes on occupancy of hotel or
   motel rooms in Albany county relating to revenues  received  from  the
   collection  of  hotel  or  motel  occupancy  taxes, in relation to the
   effectiveness thereof (Item D) (Subpart D); to amend  chapter  333  of
   the  laws  of  2006  amending  the tax law relating to authorizing the
   county of Schoharie to impose a county  recording  tax  on  obligation
   secured  by  a mortgage on real property, in relation to extending the
   effectiveness thereof (Item A); to amend chapter 326 of  the  laws  of
   2006,  amending  the  tax  law  relating  to authorizing the county of
   Hamilton to impose a county recording tax on  obligations  secured  by
   mortgages  on  real  property, in relation to extending the expiration
   thereof (Item B); to amend chapter 489 of the laws of  2004,  amending
   the  tax  law  relating to the mortgage recording tax in the county of
   Fulton, in relation to the effectiveness of such chapter (Item C);  to
   amend  the  tax  law,  in  relation to extending the expiration of the
   mortgage recording tax imposed by the city of  Yonkers  (Item  D);  to
   amend chapter 443 of the laws of 2007 amending the tax law relating to
   authorizing  the  county  of Cortland to impose an additional mortgage
   recording tax, in relation to  extending  the  effectiveness  of  such
   provisions  (Item E); to amend chapter 579 of the laws of 2004, amend-
   ing the tax law relating to  authorizing  the  county  of  Genesee  to
   impose  a  county recording tax on obligation secured by a mortgage on
   real property, in relation to extending the provisions of such chapter
   (Item F); to amend chapter 366 of the laws of 2005  amending  the  tax
   law  relating  to  authorizing  the county of Yates to impose a county
   recording tax on obligations secured by a mortgage on  real  property,
   in  relation  to extending the provisions of such chapter (Item G); to
   amend chapter 365 of the laws of 2005, amending the tax  law  relating
   to the mortgage recording tax in the county of Steuben, in relation to
   extending  the  provisions  of such chapter (Item H); to amend chapter
   405 of the laws of 2005 amending the tax law relating  to  authorizing

 S. 7508--B                         13                         A. 9508--B
 
   the  county  of Albany to impose a county recording tax on obligations
   secured by a mortgage on real property, in relation to  extending  the
   effectiveness thereof (Item I); intentionally omitted (Item J); inten-
   tionally  omitted  (Item  K); to amend chapter 218 of the laws of 2009
   amending the tax law relating to authorizing the county of  Greene  to
   impose  an additional mortgage recording tax, in relation to extending
   the effectiveness thereof (Item L); to amend chapter 368 of  the  laws
   of  2008,  amending  the tax law relating to authorizing the county of
   Warren to impose an additional mortgage recording tax, in relation  to
   extending the effectiveness thereof (Item M); and to amend chapter 549
   of  the  laws of 2005 amending the tax law relating to authorizing the
   county of Herkimer to impose a  county  recording  tax  on  obligation
   secured  by a mortgage on real property, in relation to the expiration
   thereof (Item N)(Subpart E); to amend chapter 556 of the laws of  2007
   amending  the  tax  law relating to imposing an additional real estate
   transfer tax within the county of Columbia, in relation to the  effec-
   tiveness thereof (Subpart F); to amend the tax law, the administrative
   code of the city of New York, chapter 877 of the laws of 1975, chapter
   884  of the laws of 1975 and chapter 882 of the laws of 1977, relating
   to the imposition of certain  taxes  in  the  city  of  New  York,  in
   relation  to  postponing the expiration of certain tax rates and taxes
   in the city of New York (Subpart G); and to amend the tax law and part
   C of chapter 2 of the laws of 2005 amending the tax  law  relating  to
   exemptions  from sales and use taxes, in relation to extending certain
   provisions thereof; to amend the general city law and the  administra-
   tive  code  of  the city of New York, in relation to extending certain
   provisions  relating  to  specially  eligible  premises  and   special
   rebates;  to amend the administrative code of the city of New York, in
   relation to extending certain provisions relating  to  exemptions  and
   deductions  from  base  rent;  to  amend the real property tax law, in
   relation to extending certain provisions relating to eligibility peri-
   ods and requirements; to amend the real property tax law, in  relation
   to  extending  certain  provisions relating to eligibility periods and
   requirements, benefit periods and applications for abatements; and  to
   amend  the administrative code of the city of New York, in relation to
   extending certain provisions relating to a special reduction in deter-
   mining the taxable base rent (Item A); to amend the real property  tax
   law,  in  relation  to  extending the expiration of the solar electric
   generating system and the electric energy storage equipment tax abate-
   ment (Item B); to amend chapter 54 of the  laws   of   2016,  amending
   part  C  of  chapter  58  of  the laws of 2005 relating to authorizing
   reimbursements for expenditures made by or   on behalf    of    social
   services districts for medical assistance for needy persons and admin-
   istration  thereof,  in relation to   the  effectiveness thereof (Item
   C); to amend part D of chapter 58 of the laws  of  2016,  relating  to
   repealing  certain provisions of the state finance law relating to the
   motorcycle safety fund, in relation to the  effectiveness  of  certain
   provisions of such part (Item D); and to amend chapter 589 of the laws
   of  2015, amending the insurance law relating to catastrophic or rein-
   surance coverage issued to certain small groups, in  relation  to  the
   effectiveness  thereof;  and to amend chapter 588 of the laws of 2015,
   amending the insurance law relating  to  catastrophic  or  reinsurance
   coverage issued to certain small groups, in relation to the effective-
   ness  thereof  (Item E)(Subpart H)(Part XXX); to amend the vehicle and
   traffic law, in relation to the disclosure of certain records  by  the
   commissioner  of  motor vehicles (Part YYY); and to amend the election

 S. 7508--B                         14                         A. 9508--B

   law, in relation to public financing for state office;  to  amend  the
   state  finance  law,  in  relation  to establishing the New York state
   campaign finance fund; and to amend the tax law, in relation to estab-
   lishing the NYS campaign finance fund check-off (Part ZZZ)
 
   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
 2020--2021 state fiscal year. Each component is wholly contained  within
 a  Part  identified  as Parts A through ZZZ. 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,  including 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. Paragraph (e) of subdivision 4 of section 10-c of the high-
 way law, as amended by section 2 of subpart B of part C of chapter 97 of
 the laws of 2011, is amended to read as follows:
   (e)  Funds  allocated  for local street or highway projects under this
 subdivision shall be used to undertake work on a project either with the
 municipality's own forces or by contract, provided however, that whenev-
 er the estimate for the construction contract work exceeds  one  hundred
 thousand  dollars but does not exceed [two] THREE hundred fifty thousand
 dollars such work must be performed either with the  municipality's  own
 forces  or  by  contract  let  by competitive bid in accordance with the
 provisions of section one hundred three of the general municipal law and
 provided  further,  however,  that  whenever  the   estimate   for   the
 construction  contract  work  exceeds [two] THREE hundred fifty thousand
 dollars such work must be performed by contract let by  competitive  bid
 in  accordance  with  the provisions of section one hundred three of the
 general municipal law.
   § 2. Subdivision 6 of  section  234  of  the  transportation  law,  as
 amended  by  chapter  369  of  the  laws  of 1979, is amended to read as
 follows:
   6. for local street or highway projects, to undertake the work of  the
 project either with its own forces or by contract, however, whenever the
 estimate  for the construction contract work exceeds THREE HUNDRED fifty
 thousand dollars such work must be performed  by  contract  let  by  the
 competitive bid process.
   § 3. This act shall take effect immediately.
 
                                  PART B
 
   Section 1. Subdivisions (g) and (h) of section 1800 of the vehicle and
 traffic law, as added by chapter 221 of the laws of 2008, are amended to
 read as follows:
   (g) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section,  a  person convicted of a traffic infraction for a violation of

 S. 7508--B                         15                         A. 9508--B
 
 any ordinance, order, rule, regulation or local law adopted pursuant  to
 one  or more of the following provisions of this chapter: paragraphs two
 and nine of subdivision  (a)  of  section  sixteen  hundred  twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion  on a highway or parkway of a motor vehicle registered as a commer-
 cial vehicle and having a gross  vehicle  weight  rating  of  less  than
 [twenty-six]  TEN thousand pounds shall, for a first conviction thereof,
 be punished by a fine of not more than two hundred fifty dollars  or  by
 imprisonment  of  not  more  than  fifteen days or by both such fine and
 imprisonment; for a conviction of a second violation, both of which were
 committed within a period of  eighteen  months,  such  person  shall  be
 punished by a fine of not more than five hundred dollars or by imprison-
 ment  for  not more than forty-five days or by both such fine and impri-
 sonment; upon a conviction of a third or subsequent  violation,  all  of
 which  were  committed  within  a period of eighteen months, such person
 shall be punished by a fine of not more than seven hundred fifty dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment. Provided, however,  the  provisions  of  this  subdivision
 shall not apply to a commercial motor vehicle as such term is defined in
 paragraph  (a) of subdivision four of section five hundred one-a of this
 chapter.
   (h) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS (B) AND (C) OF THIS
 SECTION, A PERSON CONVICTED OF A TRAFFIC INFRACTION FOR A  VIOLATION  OF
 ANY  ORDINANCE, ORDER, RULE, REGULATION OR LOCAL LAW ADOPTED PURSUANT TO
 ONE OR MORE OF THE FOLLOWING PROVISIONS OF THIS CHAPTER:  PARAGRAPHS TWO
 AND NINE OF SUBDIVISION  (A)  OF  SECTION  SIXTEEN  HUNDRED  TWENTY-ONE;
 SUBDIVISION THREE OF SECTION SIXTEEN HUNDRED THIRTY; OR SUBDIVISION FIVE
 OF SECTION SEVENTY-ONE OF THE TRANSPORTATION LAW, PROHIBITING THE OPERA-
 TION  ON A HIGHWAY OR PARKWAY OF A MOTOR VEHICLE REGISTERED AS A COMMER-
 CIAL VEHICLE AND HAVING A GROSS VEHICLE WEIGHT RATING OF  AT  LEAST  TEN
 THOUSAND POUNDS BUT NO MORE THAN TWENTY-SIX THOUSAND POUNDS SHALL, FOR A
 FIRST  CONVICTION  THEREOF, BE PUNISHED BY A FINE OF NOT MORE THAN THREE
 HUNDRED FIFTY DOLLARS OR BY IMPRISONMENT OF NOT MORE THAN  FIFTEEN  DAYS
 OR  BY  BOTH  SUCH  FINE  AND IMPRISONMENT; FOR A CONVICTION OF A SECOND
 VIOLATION, BOTH OF WHICH WERE COMMITTED  WITHIN  A  PERIOD  OF  EIGHTEEN
 MONTHS,  SUCH  PERSON SHALL BE PUNISHED BY A FINE OF NOT MORE THAN SEVEN
 HUNDRED DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE DAYS  OR
 BY  BOTH  SUCH  FINE  AND  IMPRISONMENT; UPON A CONVICTION OF A THIRD OR
 SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED  WITHIN  A  PERIOD  OF
 EIGHTEEN  MONTHS,  SUCH  PERSON  SHALL BE PUNISHED BY A FINE OF NOT MORE
 THAN ONE THOUSAND DOLLARS OR BY IMPRISONMENT OF  NOT  MORE  THAN  NINETY
 DAYS  OR  BY  BOTH  SUCH  FINE  AND IMPRISONMENT; PROVIDED, HOWEVER, THE
 PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY  TO  A  COMMERCIAL  MOTOR
 VEHICLE  AS SUCH TERM IS DEFINED IN PARAGRAPH (A) OF SUBDIVISION FOUR OF
 SECTION FIVE HUNDRED ONE-A OF THIS CHAPTER.
   (I) Notwithstanding the provisions of subdivisions (b) and (c) of this
 section, a person convicted of a traffic infraction for a  violation  of
 any  ordinance, order, rule, regulation or local law adopted pursuant to
 one or more of the following provisions of this chapter: paragraphs  two
 and  nine  of  subdivision  (a)  of  section sixteen hundred twenty-one;
 subdivision three of section sixteen hundred thirty; or subdivision five
 of section seventy-one of the transportation law, prohibiting the opera-
 tion on a highway or parkway of a commercial motor vehicle as defined in
 paragraph (a) of subdivision four of section five hundred one-a of  this
 chapter,  for  a  first conviction thereof, be punished by a fine of not

 S. 7508--B                         16                         A. 9508--B
 
 more than [three] SEVEN hundred [fifty] dollars or  by  imprisonment  of
 not  more than fifteen days or by both such fine and imprisonment; for a
 conviction of a second violation, both of which were committed within  a
 period  of  eighteen  months, such person shall be punished by a fine of
 not more than [seven] ONE THOUSAND FIVE hundred dollars or by  imprison-
 ment  for  not more than forty-five days or by both such fine and impri-
 sonment; upon a conviction of a third or subsequent  violation,  all  of
 which  were  committed  within  a period of eighteen months, such person
 shall be punished by a fine of not more than [one] TWO thousand  dollars
 or by imprisonment of not more than ninety days or by both such fine and
 imprisonment.
   §  2. Subdivision 18 of section 385 of the vehicle and traffic law, as
 amended by chapter 549 of the laws of 1985, is amended, and a new subdi-
 vision 18-a is added, to read as follows:
   18. Except as provided in  [subdivision]  SUBDIVISIONS  EIGHTEEN-A  OR
 nineteen  of  this  section,  the  violation  of  the provisions of this
 section including a violation related to the operation,  within  a  city
 not  wholly  included  within one county, of a vehicle which exceeds the
 limitations provided for in  the  rules  and  regulations  of  the  city
 department of transportation of such city, shall be punishable by a fine
 of  not  less than two hundred nor more than five hundred dollars, or by
 imprisonment for not more than thirty days, or by  both  such  fine  and
 imprisonment,  for  the  first  offense; by a fine of not less than five
 hundred nor more than one thousand dollars, or by imprisonment  for  not
 more  than  sixty  days,  or by both such fine and imprisonment, for the
 second or subsequent offense; provided  that  a  sentence  or  execution
 thereof  for  any violation under this subdivision may not be suspended.
 For any violation  of  the  provisions  of  this  section,  including  a
 violation  related  to  the operation, within a city not wholly included
 within one county, of a vehicle which exceeds the  limitations  provided
 for  in  the rules and regulations of the city department of transporta-
 tion of such city, the registration of the vehicle may be suspended  for
 a period not to exceed one year whether at the time of the violation the
 vehicle  was  in  charge  of  the  owner or his agent. The provisions of
 section five hundred ten of this chapter shall apply to such  suspension
 except as otherwise provided herein.
   18-A. A VIOLATION OF THE PROVISIONS OF SUBDIVISIONS TWO OR FOURTEEN OF
 THIS  SECTION, WHERE THE VIOLATION RELATES TO THE HEIGHT OF THE VEHICLE,
 INCLUDING A VIOLATION RELATED TO THE OPERATION, WITHIN A CITY NOT WHOLLY
 INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS  THE  LIMITATIONS
 PROVIDED  FOR  IN  THE  RULES  AND REGULATIONS OF THE CITY DEPARTMENT OF
 TRANSPORTATION OF SUCH CITY, SHALL BE PUNISHABLE BY A FINE OF  NOT  MORE
 THAN  ONE  THOUSAND DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY
 DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT, FOR THE FIRST OFFENSE; BY A
 FINE OF NOT MORE THAN TWO THOUSAND DOLLARS, OR BY IMPRISONMENT  FOR  NOT
 MORE  THAN  SIXTY  DAYS,  OR BY BOTH SUCH FINE AND IMPRISONMENT, FOR THE
 SECOND OR SUBSEQUENT OFFENSE; PROVIDED  THAT  A  SENTENCE  OR  EXECUTION
 THEREOF  FOR  ANY VIOLATION UNDER THIS SUBDIVISION MAY NOT BE SUSPENDED.
 FOR ANY VIOLATION OF THE PROVISIONS OF SUBDIVISIONS TWO OR  FOURTEEN  OF
 THIS  SECTION  WHERE THE VIOLATION RELATES TO THE HEIGHT OF THE VEHICLE,
 INCLUDING A VIOLATION RELATED TO THE OPERATION, WITHIN A CITY NOT WHOLLY
 INCLUDED WITHIN ONE COUNTY, OF A VEHICLE WHICH EXCEEDS  THE  LIMITATIONS
 PROVIDED  FOR  IN  THE  RULES  AND REGULATIONS OF THE CITY DEPARTMENT OF
 TRANSPORTATION OF SUCH CITY, THE REGISTRATION  OF  THE  VEHICLE  MAY  BE
 SUSPENDED FOR A PERIOD NOT TO EXCEED ONE YEAR WHETHER AT THE TIME OF THE
 VIOLATION  THE  VEHICLE  WAS  IN  CHARGE  OF THE OWNER OR HIS AGENT. THE

 S. 7508--B                         17                         A. 9508--B
 
 PROVISIONS OF SECTION FIVE HUNDRED TEN OF THIS CHAPTER  SHALL  APPLY  TO
 SUCH SUSPENSION EXCEPT AS OTHERWISE PROVIDED HEREIN.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART C
 
   Section  1.  Subparagraphs a and c of paragraph 4 of subdivision 41 of
 section 375 of the vehicle and traffic law, as amended by chapter 465 of
 the laws of 2010, are amended to read as follows:
   a. One blue light may be affixed to  any  motor  vehicle  owned  by  a
 volunteer  member  of a fire department or on a motor vehicle owned by a
 member of such person's family residing in the same household  or  by  a
 business  enterprise  in which such person has a proprietary interest or
 by which he or she is employed, provided such volunteer firefighter  has
 been  authorized in writing to so affix a blue light by the chief of the
 fire department or company of which he or she is a member, which author-
 ization shall be subject to revocation at any  time  by  the  chief  who
 issued  the  same or his or her successor in office. Such blue light may
 be displayed exclusively by such volunteer firefighter on such a vehicle
 only when engaged in an emergency operation. The use of blue  lights  on
 vehicles  shall  be  restricted  for use only by a volunteer firefighter
 except as otherwise provided for in [subparagraph] SUBPARAGRAPHS  b  AND
 B-1 of this paragraph.
   c.  The commissioner is authorized to promulgate rules and regulations
 relating to the use, placement, power and display of blue  lights  on  a
 police  vehicle [and], fire vehicle, AND HAZARD VEHICLE DESIGNED FOR THE
 TOWING OR PUSHING OF DISABLED VEHICLES.
   § 2. Paragraph 4 of subdivision 41 of section 375 of the  vehicle  and
 traffic  law  is  amended  by  adding  a new subparagraph b-1 to read as
 follows:
   B-1. IN ADDITION TO THE AMBER LIGHT AUTHORIZED TO BE DISPLAYED  PURSU-
 ANT  TO  PARAGRAPH THREE OF THIS SUBDIVISION, ONE OR MORE BLUE LIGHTS OR
 COMBINATION BLUE AND AMBER LIGHTS MAY BE AFFIXED  TO  A  HAZARD  VEHICLE
 DESIGNED  FOR  THE  TOWING OR PUSHING OF DISABLED VEHICLES PROVIDED THAT
 SUCH BLUE LIGHT OR LIGHTS SHALL BE DISPLAYED ON SUCH  A  HAZARD  VEHICLE
 FOR REAR PROJECTION ONLY.  SUCH BLUE LIGHT OR LIGHTS MAY BE DISPLAYED ON
 A HAZARD VEHICLE DESIGNED FOR THE TOWING OR PUSHING OF DISABLED VEHICLES
 WHEN  SUCH  VEHICLE  IS  ENGAGED  IN  A  HAZARDOUS OPERATION AND IS ALSO
 DISPLAYING THE AMBER LIGHT OR LIGHTS REQUIRED TO BE DISPLAYED  DURING  A
 HAZARDOUS  OPERATION  PURSUANT  TO  PARAGRAPH THREE OF THIS SUBDIVISION.
 NOTHING CONTAINED IN THIS SUBPARAGRAPH SHALL BE DEEMED TO AUTHORIZE  THE
 USE OF BLUE LIGHTS ON HAZARD VEHICLES DESIGNED FOR THE TOWING OR PUSHING
 OF  DISABLED  VEHICLES  UNLESS  SUCH HAZARD VEHICLES ALSO DISPLAY ONE OR
 MORE AMBER LIGHTS AS OTHERWISE AUTHORIZED IN THIS SUBDIVISION.
   § 3. Subdivision (b) of section 1144-a of the vehicle and traffic law,
 as amended by chapter 458 of the laws of 2011, is  amended  to  read  as
 follows:
   (b) Every operator of a motor vehicle shall exercise due care to avoid
 colliding  with a hazard vehicle which is parked, stopped or standing on
 the shoulder or on any portion of such highway and such  hazard  vehicle
 is  displaying  one  or  more amber lights pursuant to the provisions of
 paragraph three of subdivision forty-one of section three hundred seven-
 ty-five of this chapter OR, IF SUCH HAZARD VEHICLE IS DESIGNED  FOR  THE
 TOWING OR PUSHING OF DISABLED VEHICLES SUCH HAZARD VEHICLE IS DISPLAYING
 ONE  OR  MORE  AMBER  LIGHTS OR ONE OR MORE BLUE OR COMBINATION BLUE AND

 S. 7508--B                         18                         A. 9508--B

 AMBER LIGHTS PURSUANT TO THE PROVISIONS OF PARAGRAPH THREE  OR  SUBPARA-
 GRAPH  B-1 OF PARAGRAPH FOUR, AS APPLICABLE, OF SUBDIVISION FORTY-ONE OF
 SECTION THREE HUNDRED SEVENTY-FIVE OF THIS  CHAPTER.  For  operators  of
 motor  vehicles on parkways or controlled access highways, such due care
 shall include, but not be limited to, moving from a lane which  contains
 or is immediately adjacent to the shoulder where (I) such hazard vehicle
 displaying  one or more amber lights pursuant to the provisions of para-
 graph three of subdivision forty-one of section three  hundred  seventy-
 five of this chapter OR (II) SUCH HAZARD VEHICLE DESIGNED FOR THE TOWING
 OR  PUSHING  OF DISABLED VEHICLES DISPLAYING ONE OR MORE AMBER LIGHTS OR
 ONE OR MORE BLUE OR COMBINATION BLUE AND AMBER LIGHTS  PURSUANT  TO  THE
 PROVISIONS  OF PARAGRAPH THREE OR SUBPARAGRAPH B-1 OF PARAGRAPH FOUR, AS
 APPLICABLE, OF SUBDIVISION FORTY-ONE OF SECTION THREE  HUNDRED  SEVENTY-
 FIVE  OF  THIS  CHAPTER, is parked, stopped or standing to another lane,
 provided that such movement otherwise complies with the requirements  of
 this  chapter  including, but not limited to, the provisions of sections
 eleven hundred ten and eleven hundred twenty-eight of this title.
   § 4. This act shall take effect immediately.
 
                                  PART D
 
                           Intentionally Omitted
 
                                  PART E
 
   Section 1. Subdivision 16 of section 385 of the  vehicle  and  traffic
 law  is  amended to add fourteen new paragraphs (v), (w), (x), (y), (z),
 (aa), (bb), (cc), (dd), (ee), (ff), (gg),  (hh)  and  (ii)  to  read  as
 follows:
   (V)  WITHIN  A  DISTANCE  OF  APPROXIMATELY ONE MILE FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 24 TRAVELING  ALONG  INTERSTATE  ROUTE  90  TO
 INTERCHANGE  2  WASHINGTON  AVENUE,  AND  TO WASHINGTON AVENUE TRAVELING
 WESTBOUND TO FULLER ROAD IN A NORTHERLY DIRECTION TO INTERSTATE ROUTE 90
 TRAVELING TO INTERCHANGE 24 OF THE NEW YORK  STATE  THRUWAY,  WHERE  THE
 COMMISSIONER  OF  TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBINA-
 TION OF VEHICLES COULD OPERATE SAFELY ALONG  THE  DESIGNATED  ROUTE  AND
 THAT  NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
 ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON  SUCH
 ROUTE.
   (W)  WITHIN  A  DISTANCE  OF APPROXIMATELY .25 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 25A, TRAVELING IN A WESTBOUND DIRECTION  ALONG
 INTERSTATE  ROUTE 88 TO EXIT 25 TO ROUTE 7, AND TO A LEFT ON BECKER ROAD
 TRAVELING IN A SOUTHBOUND DIRECTION ON BECKER ROAD FOR APPROXIMATELY  .2
 MILES  TO  THE  NEW YORK STATE THRUWAY INTERCHANGE 25A TANDEM LOT ACCESS
 ROAD, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHI-
 CLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED
 ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR  OTHER  REQUIRE-
 MENT  PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION OF VEHICLES
 ON SUCH ROUTE.
   (X) WITHIN A DISTANCE OF APPROXIMATELY 2.2 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY INTERCHANGE 34A TRAVELING IN A SOUTHBOUND DIRECTION ALONG
 INTERSTATE ROUTE 481 TO INTERSTATE 481 EXIT 5E KIRKVILLE ROAD EAST ALONG
 STATE ROUTE 53 KIRKVILLE ROAD IN AN EASTBOUND  DIRECTION  TO  INTERSTATE
 ROUTE  481  TRAVELING NORTHBOUND TO EXIT 6 TO INTERCHANGE 34A OF THE NEW
 YORK STATE THRUWAY, WHERE THE COMMISSIONER OF TRANSPORTATION  DETERMINES
 THAT  THE  VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG

 S. 7508--B                         19                         A. 9508--B
 
 THE DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,  REGULATION  OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (Y)  WITHIN  A  DISTANCE  OF  APPROXIMATELY .8 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 35, TRAVELING APPROXIMATELY  200  FEET  AROUND
 CARRIER CIRCLE TO TRAVELING NORTHBOUND ON THOMPSON ROAD FOR APPROXIMATE-
 LY 1000 FEET, OR TRAVELING SOUTHBOUND ON THOMPSON ROAD APPROXIMATELY 100
 FEET,  TO TRAVELING WESTBOUND ON TARBELL ROAD FOR APPROXIMATELY .5 MILES
 TO REENTER AT THE DEWITT SERVICE AREA OF  THE  NEW  YORK  STATE  THRUWAY
 WHERE  THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
 COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED  ROUTE
 AND  THAT  NO  APPLICABLE  FEDERAL  LAW, REGULATION OR OTHER REQUIREMENT
 PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON
 SUCH ROUTE.
   (Z)  WITHIN  A  DISTANCE  OF  APPROXIMATELY ONE MILE FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 36 TRAVELING  IN  A  SOUTHBOUND  DIRECTION  ON
 INTERSTATE  81  TO INTERSTATE 81 EXIT 25 7TH NORTH STREET, AND TRAVELING
 EASTBOUND ON 7TH NORTH STREET TO INTERSTATE 81 TRAVELING IN A NORTHBOUND
 DIRECTION TO INTERCHANGE 36 OF THE NEW YORK  STATE  THRUWAY,  WHERE  THE
 COMMISSIONER  OF  TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBINA-
 TION OF VEHICLES COULD OPERATE SAFELY ALONG  THE  DESIGNATED  ROUTE  AND
 THAT  NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT PROHIB-
 ITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON  SUCH
 ROUTE.
   (AA)  WITHIN  A  DISTANCE  OF APPROXIMATELY .6 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 39 TRAVELING EASTBOUND ON  INTERSTATE  690  TO
 INTERSTATE  690  EXIT  2  JONES  ROAD IN A NORTHBOUND DIRECTION TO STATE
 ROUTE 690 NORTH TO INTERCHANGE 39 OF THE NEW YORK STATE  THRUWAY,  WHERE
 THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
 NATION  OF  VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (BB) WITHIN A DISTANCE OF APPROXIMATELY .5 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY INTERCHANGE 45, TRAVELING ON INTERSTATE 490 TO INTERSTATE
 490 EXIT 29, IN A SOUTHWESTERLY DIRECTION ALONG NEW YORK STATE ROUTE  96
 TO  THE POINT WHERE NEW YORK STATE ROUTE 96 INTERSECTS WITH THE ENTRANCE
 RAMP TO THE NEW YORK STATE THRUWAY INTERCHANGE 45, AND FOR APPROXIMATELY
 .2 MILES ALONG THIS ENTRANCE RAMP TO THE NEW YORK STATE  THRUWAY  INTER-
 CHANGE  45, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE
 VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
 NATED ROUTE AND THAT NO APPLICABLE  FEDERAL  LAW,  REGULATION  OR  OTHER
 REQUIREMENT  PROHIBITS  THE  OPERATION OF SUCH VEHICLE OR COMBINATION OF
 VEHICLES ON SUCH ROUTE.
   (CC) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY INTERCHANGE 46, TRAVELING IN A NORTHEASTERLY DIRECTION ON
 THE RAMP FROM THE NEW YORK STATE THRUWAY INTERCHANGE  46  TO  INTERSTATE
 390  NORTH  EXIT TO NEW YORK STATE ROUTE 253, LEHIGH STATION ROAD, FOR A
 DISTANCE OF APPROXIMATELY .5 MILES ALONG THE RAMP  FROM  INTERSTATE  390
 NORTH  EXIT  TO  NEW  YORK  STATE  ROUTE 253, LEHIGH STATION ROAD, FOR A
 DISTANCE OF APPROXIMATELY .6 MILES IN A  WESTERLY  DIRECTION  ALONG  NEW
 YORK  STATE  ROUTE  253, LEHIGH STATION ROAD, TO THE INTERSECTION OF NEW
 YORK STATE ROUTE 253 WITH NEW YORK STATE ROUTE 15, THEN FOR  A  DISTANCE
 OF  APPROXIMATELY .6 MILES IN A SOUTHERLY DIRECTION ALONG NEW YORK STATE
 ROUTE 15, TO THE NEW  YORK  STATE  THRUWAY  INTERCHANGE  46  MAINTENANCE
 FACILITY  ENTRANCE,  WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES

 S. 7508--B                         20                         A. 9508--B
 
 THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE  SAFELY  ALONG
 THE  DESIGNATED  ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (DD)  WITHIN  A  DISTANCE  OF APPROXIMATELY .3 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 47, TRAVELING ON INTERSTATE 490 TO  INTERSTATE
 490  EXIT 1, TO A DISTANCE OF APPROXIMATELY .2 MILES ALONG THE RAMP FROM
 INTERSTATE 490 EXIT 1, FOR A DISTANCE OF APPROXIMATELY  .4  MILES  IN  A
 SOUTHWESTERLY DIRECTION TO THE ENTRANCE RAMP OF THE NEW YORK STATE THRU-
 WAY  INTERCHANGE 47, WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES
 THAT THE VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE  SAFELY  ALONG
 THE  DESIGNATED  ROUTE AND THAT NO APPLICABLE FEDERAL LAW, REGULATION OR
 OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION
 OF VEHICLES ON SUCH ROUTE.
   (EE) WITHIN A DISTANCE OF APPROXIMATELY .6 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE 19, TRAVELING IN A WESTBOUND DIRECTION ALONG
 ROUTE 28 TO ROUTE 209, AND TRAVELING IN A SOUTHBOUND DIRECTION ON  ROUTE
 209  FOR  APPROXIMATELY  .1 MILES TO ROUTE 28, AND TRAVELING IN AN EAST-
 BOUND DIRECTION ON ROUTE 28 FOR APPROXIMATELY .8 MILES TO THE  NEW  YORK
 STATE  THRUWAY  INTERCHANGE  19 WHERE THE COMMISSIONER OF TRANSPORTATION
 DETERMINES THAT THE VEHICLE OR COMBINATION  OF  VEHICLES  COULD  OPERATE
 SAFELY  ALONG  THE  DESIGNATED ROUTE AND THAT NO APPLICABLE FEDERAL LAW,
 REGULATION OR OTHER REQUIREMENT PROHIBITS THE OPERATION OF SUCH  VEHICLE
 OR COMBINATION OF VEHICLES ON SUCH ROUTE.
   (FF)  WITHIN  A  DISTANCE  OF APPROXIMATELY .5 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 31, TRAVELING ONTO THE RAMP TO GENESEE  STREET
 SOUTH  FOR  APPROXIMATELY 2800 FEET TO GENESEE STREET NORTH FOR APPROXI-
 MATELY 275 FEET TO INTERCHANGE 31 OF THE NEW YORK  STATE  THRUWAY  WHERE
 THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR COMBI-
 NATION  OF  VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED ROUTE AND
 THAT NO APPLICABLE FEDERAL LAW, REGULATION OR OTHER REQUIREMENT  PROHIB-
 ITS  THE  OPERATION  OF  SUCH VEHICLE OR COMBINATION OF VEHICLES ON SUCH
 ROUTE.
   (GG) WITHIN A DISTANCE OF APPROXIMATELY .2 MILES  FROM  THE  NEW  YORK
 STATE  THRUWAY INTERCHANGE 33 TRAVELING WESTBOUND ON STATE ROUTE 365 FOR
 APPROXIMATELY 900 FEET TO INTERCHANGE 33 OF THE NEW YORK  STATE  THRUWAY
 WHERE  THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
 COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED  ROUTE
 AND  THAT  NO  APPLICABLE  FEDERAL  LAW, REGULATION OR OTHER REQUIREMENT
 PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON
 SUCH ROUTE.
   (HH)  WITHIN  A  DISTANCE OF APPROXIMATELY .15 MILES FROM THE NEW YORK
 STATE THRUWAY INTERCHANGE 42 TRAVELING ON STATE ROUTE  14  FOR  APPROXI-
 MATELY 750 FEET FOR TRAVEL TO AND FROM THE THRUWAY TANDEM LOT AND INTER-
 CHANGE  42  WHERE THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE
 VEHICLE OR COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIG-
 NATED ROUTE AND THAT NO APPLICABLE  FEDERAL  LAW,  REGULATION  OR  OTHER
 REQUIREMENT  PROHIBITS  THE  OPERATION OF SUCH VEHICLE OR COMBINATION OF
 VEHICLES ON SUCH ROUTE .
   (II) WITHIN A DISTANCE OF APPROXIMATELY .1 MILES  FROM  THE  NEW  YORK
 STATE  INTERCHANGE  43 TRAVELING ON STATE ROUTE 21 FOR APPROXIMATELY 600
 FEET FOR TRAVEL TO AND FROM THE THRUWAY TANDEM LOT  AND  INTERCHANGE  43
 WHERE  THE COMMISSIONER OF TRANSPORTATION DETERMINES THAT THE VEHICLE OR
 COMBINATION OF VEHICLES COULD OPERATE SAFELY ALONG THE DESIGNATED  ROUTE
 AND  THAT  NO  APPLICABLE  FEDERAL  LAW, REGULATION OR OTHER REQUIREMENT

 S. 7508--B                         21                         A. 9508--B
 
 PROHIBITS THE OPERATION OF SUCH VEHICLE OR COMBINATION  OF  VEHICLES  ON
 SUCH ROUTE.
   § 2. This act shall take effect immediately.
 
                                  PART F
 
   Section  1. Paragraph a of subdivision 6 of section 2897 of the public
 authorities law, as added by chapter 766 of the laws of 2005, is amended
 and a new paragraph f is added to read as follows:
   a. All disposals or contracts for disposal of  property  of  a  public
 authority  made  or  authorized by the contracting officer shall be made
 after publicly advertising for bids except as  provided  in  [paragraph]
 PARAGRAPHS c AND F of this subdivision.
   F. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, DISPOSALS
 FOR USE OF THE THRUWAY AUTHORITY'S FIBER OPTIC SYSTEM, OR ANY PART THER-
 EOF,  MAY  BE  MADE  THROUGH AGREEMENTS BASED ON SET FEES THAT SHALL NOT
 REQUIRE PUBLIC AUCTION, PROVIDED THAT:
   I. THE THRUWAY AUTHORITY HAS DETERMINED THE DISPOSAL OF SUCH  PROPERTY
 COMPLIES WITH ALL APPLICABLE PROVISIONS OF THIS CHAPTER;
   II. THE THRUWAY AUTHORITY HAS DETERMINED THAT DISPOSAL OF SUCH PROPER-
 TY IS IN THE BEST INTEREST OF THE THRUWAY AUTHORITY;
   III.  THE SET FEES ESTABLISHED BY THE THRUWAY AUTHORITY FOR USE OF THE
 FIBER OPTIC SYSTEM, OR PART THEREOF, SHALL BE BASED  ON  AN  INDEPENDENT
 APPRAISAL OF THE FAIR MARKET VALUE OF THE PROPERTY; AND
   IV.  ANY  PUBLIC AUTHORITY, STATE AGENCY, MUNICIPALITY, NOT-FOR-PROFIT
 HOSPITAL ORGANIZED UNDER SECTION FORTY-THREE HUNDRED ONE OF  THE  INSUR-
 ANCE  LAW, PUBLIC LIBRARY, OR INSTITUTION OF HIGHER EDUCATION LOCATED IN
 NEW YORK STATE SHALL BE REQUIRED ONLY TO PAY THE ACTUAL COST OF  PROVID-
 ING FOR USE OF THE FIBER OPTIC SYSTEM, BUT NOT EXCEEDING THE FAIR MARKET
 VALUE  DETERMINED  PURSUANT TO SUBPARAGRAPH (III) OF THIS PARAGRAPH. FOR
 PURPOSES OF THIS PARAGRAPH, "PUBLIC AUTHORITY" SHALL REFER  TO  ENTITIES
 DEFINED  IN  SECTION  TWO OF THE PUBLIC AUTHORITIES LAW. FOR PURPOSES OF
 THIS PARAGRAPH, "INSTITUTION OF HIGHER EDUCATION" SHALL REFER  TO  ENTI-
 TIES AS DEFINED IN SUBDIVISIONS TWO AND THREE OF SECTION SIX HUNDRED ONE
 OF THE EDUCATION LAW.
   DISPOSALS  OF  THE  FIBER  OPTIC  SYSTEM, OR ANY PART THEREOF, THROUGH
 AGREEMENTS BASED ON SET FEES SHALL NOT REQUIRE  THE  EXPLANATORY  STATE-
 MENTS  REQUIRED  BY THIS SECTION. ANY DISPOSAL OF PROPERTY, CONTRACT FOR
 DISPOSAL OF PROPERTY OR AGREEMENT MADE PURSUANT TO THIS PARAGRAPH  SHALL
 NOT  BE  DEEMED  VALID  AND  ENFORCEABLE UNLESS IT SHALL FIRST HAVE BEEN
 APPROVED BY BOTH THE COMPTROLLER AND THE ATTORNEY GENERAL.
   § 2. This act shall take effect immediately.
 
                                  PART G
 
                           Intentionally Omitted
 
                                  PART H
 
   Section 1. Subdivision 4 of section 1220-b of the vehicle and  traffic
 law,  as amended by chapter 9 of the laws of 2012, is amended to read as
 follows:
   4. Any person who engages  in  the  unlawful  solicitation  of  ground
 transportation  services  at  an  airport  shall be guilty of a [class B
 misdemeanor] TRAFFIC INFRACTION punishable by a fine of  not  less  than
 seven  hundred  fifty  dollars  nor  more than one thousand five hundred

 S. 7508--B                         22                         A. 9508--B
 
 dollars, or by imprisonment [of] FOR not more than [ninety] FIFTEEN days
 or by both such fine and  imprisonment[.  Notwithstanding  any  contrary
 provision  of law, any charge alleging a violation of this section shall
 be returnable before a court having jurisdiction over misdemeanors]; FOR
 A  CONVICTION OF A SECOND VIOLATION, BOTH OF WHICH WERE COMMITTED WITHIN
 A PERIOD OF EIGHTEEN MONTHS, SUCH PERSON SHALL BE PUNISHED BY A FINE  OF
 NOT  LESS THAN ONE THOUSAND FIVE HUNDRED DOLLARS NOR MORE THAN TWO THOU-
 SAND DOLLARS, OR BY IMPRISONMENT FOR NOT MORE THAN FORTY-FIVE  DAYS,  OR
 BY  BOTH  SUCH  FINE  AND  IMPRISONMENT;  FOR A CONVICTION OF A THIRD OR
 SUBSEQUENT VIOLATION, ALL OF WHICH WERE COMMITTED  WITHIN  A  PERIOD  OF
 EIGHTEEN  MONTHS,  SUCH  PERSON  SHALL BE PUNISHED BY A FINE OF NOT LESS
 THAN TWO THOUSAND DOLLARS NOR MORE THAN THREE THOUSAND  DOLLARS,  OR  BY
 IMPRISONMENT  FOR  NOT  MORE  THAN NINETY DAYS, OR BY BOTH SUCH FINE AND
 IMPRISONMENT.
   § 2. Subparagraph (viii) of paragraph (b) of subdivision 2 of  section
 510  of the vehicle and traffic law, as added by chapter 313 of the laws
 of 1994, is amended and a new subparagraph (vii) is  added  to  read  as
 follows:
   [(viii)] (VI) for a period of sixty days where the holder is convicted
 of  a violation of SUBDIVISION ONE OF section twelve hundred twenty-b of
 this chapter within a period of eighteen months of a previous  violation
 of such [section] SUBDIVISION.
   (VII)  FOR  A PERIOD OF NINETY DAYS WHERE THE HOLDER IS CONVICTED OF A
 VIOLATION OF SUBDIVISION ONE OF SECTION TWELVE HUNDRED TWENTY-B OF  THIS
 CHAPTER  WITHIN  A  PERIOD  OF  EIGHTEEN  MONTHS OF TWO OR MORE PREVIOUS
 VIOLATIONS OF SUCH SUBDIVISION.
   § 3. Section 510 of the vehicle and traffic law is amended by adding a
 new subdivision 4-g to read as follows:
   4-G. SUSPENSION OF REGISTRATION FOR UNLAWFUL  SOLICITATION  OF  GROUND
 TRANSPORTATION  SERVICES  AT AN AIRPORT. UPON THE RECEIPT OF A NOTIFICA-
 TION FROM A COURT OR AN ADMINISTRATIVE TRIBUNAL THAT AN OWNER OF A MOTOR
 VEHICLE WAS CONVICTED OF A SECOND CONVICTION OF UNLAWFUL SOLICITATION OF
 GROUND TRANSPORTATION SERVICES AT AN AIRPORT IN VIOLATION OF SUBDIVISION
 ONE OF SECTION TWELVE HUNDRED TWENTY-B OF THIS  CHAPTER  BOTH  OF  WHICH
 WERE  COMMITTED  WITHIN A PERIOD OF EIGHTEEN MONTHS, THE COMMISSIONER OR
 HIS AGENT SHALL SUSPEND THE REGISTRATION OF THE VEHICLE INVOLVED IN  THE
 VIOLATION  FOR A PERIOD OF NINETY DAYS; UPON THE RECEIPT OF SUCH NOTIFI-
 CATION OF A THIRD OR SUBSEQUENT  CONVICTION  FOR  A  VIOLATION  OF  SUCH
 SUBDIVISION  ALL  OF  WHICH  WERE  COMMITTED WITHIN A PERIOD OF EIGHTEEN
 MONTHS, THE COMMISSIONER OR HIS AGENT SHALL  SUSPEND  SUCH  REGISTRATION
 FOR  A  PERIOD  OF  ONE  HUNDRED EIGHTY DAYS. SUCH SUSPENSION SHALL TAKE
 EFFECT NO LESS THAN THIRTY DAYS FROM THE DATE ON WHICH NOTICE THEREOF IS
 SENT BY THE COMMISSIONER TO THE PERSON WHOSE REGISTRATION  OR  PRIVILEGE
 IS SUSPENDED. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO DENY A REGIS-
 TRATION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE,
 WHERE  IT  HAS BEEN DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO
 EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE  THE  COMMISSIONER  HAS
 REASONABLE  GROUNDS  TO  BELIEVE  THAT SUCH REGISTRATION OR RENEWAL WILL
 HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SUBDIVISION.
   § 4. This act shall take effect on the first of August next succeeding
 the date on which it shall have become a law.
 
                                  PART I

 S. 7508--B                         23                         A. 9508--B
 
   Section 1. Subdivision 12 of section 1269 of  the  public  authorities
 law,  as  amended  by  section 4 of part NN of chapter 54 of the laws of
 2016, 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 [nineteen] TWENTY-FOUR shall not exceed [fifty-five] NINETY
 billion  [four]  ONE hundred [ninety-seven] million dollars. Such aggre-
 gate principal 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  obligations or the expenditure thereof applicable to the authori-
 ty, the Triborough bridge and tunnel authority  or  the  New  York  city
 transit authority. The aggregate limitation established by this subdivi-
 sion  shall  not  include  (i)  obligations  issued to refund, redeem or
 otherwise repay, including by purchase or tender,  obligations  thereto-
 fore 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 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 transferring of equipment, and  (viii)  bond  anticipation  notes  or
 other obligations 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
 subsidiary corporations, New York city transit authority, or any of  its
 subsidiary corporations, or Triborough bridge and tunnel authority.
   § 2. This act shall take effect immediately.
 
                                  PART J
 
                           Intentionally Omitted
 
                                  PART K
 
   Section  1.  Section  3  of part PP of chapter 54 of the laws of 2016,
 amending the general municipal law relating  to  the  New  York  transit
 authority  and  the metropolitan transportation authority, is amended to
 read as follows:
   § 3. This act shall take effect immediately; provided that the  amend-
 ments  to  subdivision  1  of section 119-r of the general municipal law

 S. 7508--B                         24                         A. 9508--B
 
 made by section two of this act shall  expire  and  be  deemed  repealed
 April  1,  [2021]  2022, and provided further that such repeal shall not
 affect the validity or duration of any contract entered into before that
 date pursuant to paragraph f of such subdivision.
   § 2. This act shall take effect immediately.
 
                                  PART L
 
                           Intentionally Omitted
 
                                  PART M
 
                           Intentionally Omitted
 
                                  PART N
 
                           Intentionally Omitted
 
                                  PART O
 
                           Intentionally Omitted
 
                                  PART P
 
                           Intentionally Omitted
 
                                  PART Q
 
                           Intentionally Omitted
 
                                  PART R
 
   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 R of chapter 58 of the laws of 2019, is
 amended to read as follows:
   § 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,  [2020]
 2021.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after March 31, 2020.
 
                                  PART S
 
   Section 1. The general business law is amended by adding a new section
 391-u to read as follows:
   § 391-U.  PRICING GOODS AND SERVICES ON THE BASIS OF GENDER  PROHIBIT-
 ED.    1.  DEFINITIONS.  FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "BUSINESS" SHALL MEAN ANY BUSINESS ACTING WITHIN THE STATE OF  NEW
 YORK  THAT  SELLS  GOODS  TO ANY INDIVIDUAL OR ENTITY INCLUDING, BUT NOT
 LIMITED TO, RETAILERS, SUPPLIERS, MANUFACTURERS, OR DISTRIBUTORS;

 S. 7508--B                         25                         A. 9508--B
 
   (B) "GOODS" SHALL MEAN ANY CONSUMER PRODUCT USED, BOUGHT  OR  RENDERED
 PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
   (C)  "SERVICES"  SHALL  MEAN  ANY  CONSUMER  SERVICES  USED, BOUGHT OR
 RENDERED PRIMARILY FOR PERSONAL, FAMILY OR HOUSEHOLD PURPOSES;
   (D) "SUBSTANTIALLY SIMILAR" SHALL MEAN:
   (I) TWO GOODS THAT EXHIBIT NO  SUBSTANTIAL  DIFFERENCES  IN:  (A)  THE
 MATERIALS  USED IN PRODUCTION; (B) THE INTENDED USE OF THE GOOD; (C) THE
 FUNCTIONAL DESIGN AND FEATURES OF THE GOOD; AND (D)  THE  BRAND  OF  THE
 GOOD; OR
   (II)  TWO  SERVICES THAT EXHIBIT NO SUBSTANTIAL DIFFERENCE IN: (A) THE
 AMOUNT OF TIME TO PROVIDE THE SERVICES; (B) THE DIFFICULTY IN  PROVIDING
 THE  SERVICES;  AND (C) THE COST OF PROVIDING THE SERVICES. A DIFFERENCE
 IN COLORING AMONG ANY GOOD SHALL  NOT  BE  CONSTRUED  AS  A  SUBSTANTIAL
 DIFFERENCE FOR THE PURPOSES OF THIS PARAGRAPH.
   2.  NO  PERSON,  FIRM,  PARTNERSHIP, COMPANY, CORPORATION, OR BUSINESS
 SHALL CHARGE A PRICE FOR ANY TWO GOODS THAT ARE  SUBSTANTIALLY  SIMILAR,
 IF SUCH GOODS ARE PRICED DIFFERENTLY BASED ON THE GENDER OF THE INDIVID-
 UALS FOR WHOM THE GOODS ARE MARKETED AND INTENDED.
   3.  NO  PERSON,  FIRM,  PARTNERSHIP,  COMPANY, CORPORATION OR BUSINESS
 SHALL CHARGE A PRICE FOR ANY SERVICES THAT ARE SUBSTANTIALLY SIMILAR  IF
 SUCH  SERVICES ARE PRICED DIFFERENTLY BASED UPON THE GENDER OF THE INDI-
 VIDUALS FOR WHOM THE SERVICES ARE PERFORMED, OFFERED, OR MARKETED.
   4. NOTHING IN THIS SECTION PROHIBITS PRICE  DIFFERENCES  IN  GOODS  OR
 SERVICES BASED SPECIFICALLY UPON THE FOLLOWING:
   (A)  THE  AMOUNT  OF TIME IT TOOK TO MANUFACTURE SUCH GOODS OR PROVIDE
 SUCH SERVICES;
   (B) THE DIFFICULTY  IN  MANUFACTURING  SUCH  GOODS  OR  OFFERING  SUCH
 SERVICES;
   (C)  THE  COST  INCURRED  IN MANUFACTURING SUCH GOODS OR OFFERING SUCH
 SERVICES;
   (D) THE LABOR USED IN  MANUFACTURING  SUCH  GOODS  OR  PROVIDING  SUCH
 SERVICES;
   (E)  THE  MATERIALS USED IN MANUFACTURING SUCH GOODS OR PROVIDING SUCH
 SERVICES; OR
   (F) ANY OTHER GENDER-NEUTRAL REASON FOR HAVING INCREASED THE  COST  OF
 SUCH GOODS OR SERVICES.
   5.  ANY  PERSON,  FIRM, PARTNERSHIP, COMPANY, CORPORATION, OR BUSINESS
 THAT PROVIDES SERVICES, AS DEFINED BY THIS SECTION,  SHALL  PROVIDE  THE
 CUSTOMER WITH A COMPLETE WRITTEN PRICE LIST UPON REQUEST.
   6. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
 MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
 STATE  OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN
 INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT LESS THAN FIVE DAYS,
 TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS. IF  IT  SHALL
 APPEAR  TO  THE  SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT
 HAS, IN FACT, VIOLATED THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH
 COURT OR  JUSTICE,  ENJOINING  OR  RESTRAINING  ANY  VIOLATION,  WITHOUT
 REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
 THEREBY. IN ANY SUCH PROCEEDING THE COURT MAY  MAKE  ALLOWANCES  TO  THE
 ATTORNEY  GENERAL  AS  PROVIDED IN SECTION EIGHTY-THREE HUNDRED THREE OF
 THE CIVIL PRACTICE LAW AND RULES, AND MAY MAKE DIRECT RESTITUTION.    IN
 CONNECTION  WITH  ANY SUCH PROPOSED APPLICATION, THE ATTORNEY GENERAL IS
 AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT  FACTS
 AND  TO  ISSUE  SUBPOENAS  IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND
 RULES. WHENEVER THE COURT SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY NOT TO EXCEED

 S. 7508--B                         26                         A. 9508--B
 
 TWO HUNDRED FIFTY DOLLARS FOR A FIRST VIOLATION, AND A CIVIL PENALTY NOT
 TO  EXCEED  FIVE HUNDRED DOLLARS FOR EACH SUBSEQUENT VIOLATION.  FOR THE
 PURPOSES OF THIS SECTION, ALL IDENTICAL ITEMS PRICED  ON  THE  BASIS  OF
 GENDER SHALL BE CONSIDERED A SINGLE VIOLATION.
   §  2.  Separability  clause; construction. If any part or provision of
 this act or the application thereof to any person  or  circumstances  be
 adjudged  invalid  by any court of competent jurisdiction, such judgment
 shall be confined in its operation to the part, provision or application
 directly involved in the controversy in which such judgment  shall  have
 been rendered and shall not affect or impair the validity of the remain-
 der  of  this  act  or  the  application  thereof to other provisions or
 circumstances.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART T
 
                           Intentionally Omitted

                                  PART U
 
   Section 1. Section 70 of the state law is amended to read as follows:
   § 70. Description of the arms of the state and  the  state  flag.  The
 device  of  arms  of  this state[, as adopted March sixteenth, seventeen
 hundred and seventy-eight,] is hereby declared to be correctly described
 as follows:
   Charge. Azure, in a landscape, the sun in fess, rising in splendor or,
 behind a range of three mountains, the middle one the highest; in base a
 ship and sloop under sail,  passing  and  about  to  meet  on  a  river,
 bordered below by a grassy shore fringed with shrubs, all proper.
   Crest.  On  a wreath azure and or, an American eagle proper, rising to
 the dexter from a two-thirds of a globe terrestrial, showing  the  north
 Atlantic ocean with outlines of its shores.
   Supporters.  On  a  quasi  compartment  formed by the extension of the
 scroll.
   Dexter. The figure of Liberty proper, her hair  disheveled  and  deco-
 rated with pearls, vested azure, sandaled gules, about the waist a cinc-
 ture  or,  fringed gules, a mantle of the last depending from the shoul-
 ders behind to the feet, in the dexter hand  a  staff  ensigned  with  a
 Phrygian  cap  or,  the  sinister  arm  embowed, the hand supporting the
 shield at the dexter chief point, a royal crown  by  her  sinister  foot
 dejected.
   Sinister.  The figure of Justice proper, her hair disheveled and deco-
 rated with pearls, vested or, about the waist a cincture azure,  fringed
 gules,  sandaled  and  mantled  as  Liberty, bound about the eyes with a
 fillet proper, in the dexter hand a straight  sword  hilted  or,  erect,
 resting  on  the  sinister  chief  point of the shield, the sinister arm
 embowed, holding before her her scales proper.
   Motto. On a scroll below the shield argent, in sable, TWO LINES.    ON
 LINE ONE, Excelsior AND ON LINE TWO, E PLURIBUS UNUM.
   State flag. The state flag is hereby declared to be blue, charged with
 the  arms  of the state in the colors as described in the blazon of this
 section.
   § 2. (a) Any state flag, object, or printed materials  containing  the
 depiction  of the former arms of the state may continue to be used until
 such flag, object,  or printed materials' useful  life  has  expired  or

 S. 7508--B                         27                         A. 9508--B
 
 until  the  person  possessing  such  flag,  object, or printed material
 replaces it. Such continued use shall  not  constitute  a  violation  of
 section seventy-two of the state law.
   (b) Any electronic depiction of the arms of the state shall be updated
 within 60 days of the effective date of this act.
   (c)  No  state  agency, local government, or public authority shall be
 required to replace a flag solely because such flag contains the  former
 arms of the state.
   §  3. The secretary of state shall begin to use the new seal as of the
 effective date of this act.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective  immediately,  the  department  of
 state  is  authorized  to  take  any  action,  including  entering  into
 contracts, that is necessary for the timely implementation of  this  act
 on its effective date.
 
                                  PART V

   Section  1.  Subdivision  1  of  section  130 of the executive law, as
 amended by section 1 of subpart D of part II of chapter 55 of  the  laws
 of 2019, is amended to read as follows:
   1.  The secretary of state may appoint and commission as many notaries
 public for the state of New York as in his or her judgment may be deemed
 best, whose jurisdiction shall be co-extensive with  the  boundaries  of
 the  state.  The  appointment  of a notary public shall be for a term of
 four years. An application for an appointment as notary public shall  be
 in  form  and  set  forth  such  matters as the secretary of state shall
 prescribe. Every person appointed as notary public must, at the time  of
 his or her appointment, be [a citizen of the United States and either] a
 resident of the state of New York or have an office or place of business
 in  New  York  state. A notary public who is a resident of the state and
 who moves out of the state but still maintains a place of business or an
 office in New York state does not vacate his or her office as  a  notary
 public.  A  notary public who is a nonresident and who ceases to have an
 office or place of business in this state, vacates his or her office  as
 a notary public. A notary public who is a resident of New York state and
 moves  out  of  the  state and who does not retain an office or place of
 business in this state shall vacate  his  or  her  office  as  a  notary
 public.  A  non-resident who accepts the office of notary public in this
 state thereby appoints the secretary of state as the  person  upon  whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant  a commission as notary public, unless he or she be an attorney and
 counsellor at law duly admitted to practice in this  state  or  a  court
 clerk  of  the unified court system who has been appointed to such posi-
 tion after taking a civil service promotional examination in  the  court
 clerk  series of titles, the secretary of state shall satisfy himself or
 herself that the applicant is of good moral character,  has  the  equiv-
 alent  of  a common school education and is familiar with the duties and
 responsibilities of a notary public; provided,  however,  that  where  a
 notary  public  applies,  before  the expiration of his or her term, for
 reappointment with the county clerk or where  a  person  whose  term  as
 notary  public  shall  have expired applies within six months thereafter
 for reappointment as a notary public with the county clerk, such  quali-
 fying requirements may be waived by the secretary of state, and further,
 where  an  application  for reappointment is filed with the county clerk
 after the expiration of the aforementioned renewal period  by  a  person

 S. 7508--B                         28                         A. 9508--B
 
 who  failed  or was unable to re-apply by reason of his or her induction
 or enlistment in the armed forces of the United States, such  qualifying
 requirements may also be waived by the secretary of state, provided such
 application  for reappointment is made within a period of one year after
 the military discharge of the  applicant  under  conditions  other  than
 dishonorable.  In  any  case,  the  appointment  or reappointment of any
 applicant is in the discretion of the secretary of state. The  secretary
 of  state  may suspend or remove from office, for misconduct, any notary
 public appointed by him or her but no such removal shall be made  unless
 the  person  who  is  sought to be removed shall have been served with a
 copy of the charges against him or her and have an opportunity of  being
 heard.  No person shall be appointed as a notary public under this arti-
 cle who has been convicted, in this state or any other state or territo-
 ry, of a crime, unless the secretary makes a finding in conformance with
 all applicable statutory  requirements,  including  those  contained  in
 article  twenty-three-A  of the correction law, that such convictions do
 not constitute a bar to appointment.
   § 2. Subdivision 1 of section 130 of the executive law, as amended  by
 chapter 490 of the laws of 2019, is amended to read as follows:
   1.  The secretary of state may appoint and commission as many notaries
 public for the state of New York as in his or her judgment may be deemed
 best, whose jurisdiction shall be co-extensive with  the  boundaries  of
 the  state.  The  appointment  of a notary public shall be for a term of
 four years. An application for an appointment as notary public shall  be
 in  form  and  set  forth  such  matters as the secretary of state shall
 prescribe. Every person appointed as notary public must, at the time  of
 his or her appointment, be [a citizen of the United States and either] a
 resident of the state of New York or have an office or place of business
 in  New  York  state. A notary public who is a resident of the state and
 who moves out of the state but still maintains a place of business or an
 office in New York state does not vacate his or her office as  a  notary
 public.  A  notary public who is a nonresident and who ceases to have an
 office or place of business in this state, vacates his or her office  as
 a notary public. A notary public who is a resident of New York state and
 moves  out  of  the  state and who does not retain an office or place of
 business in this state shall vacate  his  or  her  office  as  a  notary
 public.  A  non-resident who accepts the office of notary public in this
 state thereby appoints the secretary of state as the  person  upon  whom
 process can be served on his or her behalf. Before issuing to any appli-
 cant  a commission as notary public, unless he or she be an attorney and
 counsellor at law duly admitted to practice in this  state  or  a  court
 clerk  of  the unified court system who has been appointed to such posi-
 tion after taking a civil service promotional examination in  the  court
 clerk  series of titles, the secretary of state shall satisfy himself or
 herself that the applicant is of good moral character,  has  the  equiv-
 alent  of  a common school education and is familiar with the duties and
 responsibilities of a notary public; provided,  however,  that  where  a
 notary  public  applies,  before  the expiration of his or her term, for
 reappointment with the county clerk or where  a  person  whose  term  as
 notary  public  shall  have expired applies within six months thereafter
 for reappointment as a notary public with the county clerk, such  quali-
 fying requirements may be waived by the secretary of state, and further,
 where  an  application  for reappointment is filed with the county clerk
 after the expiration of the aforementioned renewal period  by  a  person
 who  failed  or was unable to re-apply by reason of his or her induction
 or enlistment in the armed forces of the United States, such  qualifying

 S. 7508--B                         29                         A. 9508--B
 
 requirements may also be waived by the secretary of state, provided such
 application  for reappointment is made within a period of one year after
 the military discharge of the  applicant  under  conditions  other  than
 dishonorable, or if the applicant has a qualifying condition, as defined
 in  section  three hundred fifty of this chapter, within a period of one
 year after the applicant has received a discharge other than bad conduct
 or dishonorable from such service, or if the applicant is  a  discharged
 LGBT veteran, as defined in section three hundred fifty of this chapter,
 within a period of one year after the applicant has received a discharge
 other  than  bad conduct or dishonorable from such service. In any case,
 the appointment or reappointment of any applicant is in  the  discretion
 of  the secretary of state. The secretary of state may suspend or remove
 from office, for misconduct, any notary public appointed by him  or  her
 but  no such removal shall be made unless the person who is sought to be
 removed shall have been served with a copy of the charges against him or
 her and have an  opportunity  of  being  heard.    No  person  shall  be
 appointed  as a notary public under this article who has been convicted,
 in this state or any other state or territory, of a  crime,  unless  the
 secretary  makes  a finding in conformance with all applicable statutory
 requirements, including those contained in article twenty-three-A of the
 correction law, that  such  convictions  do  not  constitute  a  bar  to
 appointment.
   §  3.  Section 440-a of the real property law, as amended by section 1
 of subpart G of part II of chapter 55 of the laws of 2019, is amended to
 read as follows:
   § 440-a. License required for real estate  brokers  and  salesmen.  No
 person,  co-partnership,  limited liability company or corporation shall
 engage in or follow the business or occupation of, or  hold  himself  or
 itself  out  or  act temporarily or otherwise as a real estate broker or
 real estate salesman in this state without  first  procuring  a  license
 therefor  as  provided in this article. No person shall be entitled to a
 license as a real estate broker under this article, either as  an  indi-
 vidual  or as a member of a co-partnership, or as a member or manager of
 a limited liability company or as an officer of a corporation, unless he
 or she is twenty years of age or over[, a citizen of the  United  States
 or  an  alien  lawfully  admitted  for permanent residence in the United
 States]. No person shall be entitled to  a  license  as  a  real  estate
 salesman under this article unless he or she is over the age of eighteen
 years.  No person shall be entitled to a license as a real estate broker
 or real estate salesman under this article who  has  been  convicted  in
 this state or elsewhere of a crime, unless the secretary makes a finding
 in  conformance  with  all  applicable statutory requirements, including
 those contained in article twenty-three-A of the  correction  law,  that
 such  convictions  do not constitute a bar to licensure. No person shall
 be entitled to a license as a real estate broker or real estate salesman
 under this article who does not meet the requirements of  section  3-503
 of the general obligations law.
   Notwithstanding anything to the contrary in this section, tenant asso-
 ciations  and  not-for-profit  corporations authorized in writing by the
 commissioner of the department of the city  of  New  York  charged  with
 enforcement of the housing maintenance code of such city to manage resi-
 dential property owned by such city or appointed by a court of competent
 jurisdiction  to manage residential property owned by such city shall be
 exempt from the licensing provisions of this section with respect to the
 properties so managed.

 S. 7508--B                         30                         A. 9508--B
 
   § 4. Subdivision 1 of section 72  of  the  general  business  law,  as
 amended  by  chapter  164  of  the  laws  of 2003, is amended to read as
 follows:
   1.  If  the applicant is a person, the application shall be subscribed
 by such person, and if the applicant is a firm or partnership the appli-
 cation shall be subscribed by each individual composing or intending  to
 compose  such  firm or partnership. The application shall state the full
 name, age, residences within the past three years, present and  previous
 occupations of each person or individual so signing the same, [that each
 person  or  individual  is  a  citizen  of the United States or an alien
 lawfully admitted for permanent residence  in  the  United  States]  and
 shall  also  specify  the name of the city, town or village, stating the
 street and number, if the premises have a street and number, and  other-
 wise such apt description as will reasonably indicate the location ther-
 eof,  where  is  to  be  located the principal place of business and the
 bureau, agency, sub-agency,  office  or  branch  office  for  which  the
 license  is  desired,  and  such further facts as may be required by the
 department of state to show the good character, competency and integrity
 of each person or individual so signing such application. Each person or
 individual signing such application shall, together with  such  applica-
 tion,  submit  to  the department of state, his photograph, taken within
 six months prior thereto in duplicate, in passport  size  and  also  two
 sets  of fingerprints of his two hands recorded in such manner as may be
 specified by the secretary of state or the secretary of state's  author-
 ized  representative.  Before approving such application it shall be the
 duty of the secretary of state or the secretary  of  state's  authorized
 representative  to forward one copy of such fingerprints to the division
 of criminal justice services. Upon receipt of  such  fingerprints,  such
 division  shall  forward to the secretary of state a report with respect
 to the applicant's previous criminal history, if  any,  or  a  statement
 that  the  applicant  has  no previous criminal history according to its
 files. If additional copies of fingerprints are required  the  applicant
 shall  furnish  them upon request. Such fingerprints may be submitted to
 the federal bureau of investigation  for  a  national  criminal  history
 record  check.  The  secretary shall reveal the name of the applicant to
 the chief of police and the district attorney of the  applicant's  resi-
 dence  and of the proposed place of business and shall request of them a
 report concerning the applicant's character in the event they shall have
 information concerning it. The secretary shall take such other steps  as
 may be necessary to investigate the honesty, good character and integri-
 ty  of  each  applicant.  Every  such applicant for a license as private
 investigator shall establish to the satisfaction  of  the  secretary  of
 state  (a)  if the applicant be a person, or, (b) in the case of a firm,
 limited liability company, partnership  or  corporation,  at  least  one
 member  of  such  firm, partnership, limited liability company or corpo-
 ration, has been regularly employed, for a period of not less than three
 years, undertaking such investigations as those described  as  performed
 by  a  private investigator in subdivision one of section seventy-one of
 this article, as a sheriff, police officer in a city  or  county  police
 department,  or  the division of state police, investigator in an agency
 of the state, county, or United States  government,  or  employee  of  a
 licensed  private  investigator,  or  has had an equivalent position and
 experience or that such person or member was an  employee  of  a  police
 department who rendered service therein as a police officer for not less
 than  twenty  years or was an employee of a fire department who rendered
 service therein as a fire marshal for not less than twenty years. Howev-

 S. 7508--B                         31                         A. 9508--B
 
 er, employment as a watchman, guard or private patrolman  shall  not  be
 considered  employment  as a "private investigator" for purposes of this
 section. Every such applicant for a license as watch,  guard  or  patrol
 agency shall establish to the satisfaction of the secretary of state (a)
 if  the  applicant  be  a person, or, (b) in the case of a firm, limited
 liability company, partnership or corporation, at least  one  member  of
 such  firm,  partnership,  limited liability company or corporation, has
 been regularly employed, for a  period  of  not  less  than  two  years,
 performing  such duties or providing such services as described as those
 performed or furnished by a watch, guard or patrol agency in subdivision
 two of section seventy-one of this article, as a sheriff, police officer
 in a city or county police department, or employee of an agency  of  the
 state,  county or United States government, or licensed private investi-
 gator or watch, guard or patrol agency, or has had an  equivalent  posi-
 tion  and  experience;  qualifying  experience shall have been completed
 within such period of time and at such time prior to the filing  of  the
 application  as  shall  be  satisfactory  to the secretary of state. The
 person or member meeting the experience requirement under this  subdivi-
 sion and the person responsible for the operation and management of each
 bureau,  agency,  sub-agency,  office  or branch office of the applicant
 shall provide sufficient proof of having  taken  and  passed  a  written
 examination  prescribed  by  the secretary of state to test their under-
 standing of their rights, duties and powers as  a  private  investigator
 and/or  watchman, guard or private patrolman, depending upon the work to
 be performed under the license. In the case of an application subscribed
 by a resident of the  state  of  New  York  such  application  shall  be
 approved,  as to each resident person or individual so signing the same,
 but not less than five reputable citizens of the community in which such
 applicant resides or transacts business, or in which it is  proposed  to
 own,  conduct, manage or maintain the bureau, agency, sub-agency, office
 or branch office for which the license is desired, each  of  whom  shall
 subscribe  and  affirm  as true, under the penalties of perjury, that he
 has personally known the said person or individual for a  period  of  at
 least  five  years  prior to the filing of such application, that he has
 read such application and believes each of the statements  made  therein
 to be true, that such person is honest, of good character and competent,
 and  not  related  or  connected to the person so certifying by blood or
 marriage. In the case of an application subscribed by a non-resident  of
 the  state  of  New  York such application shall be approved, as to each
 non-resident person or individual so signing the same by not  less  than
 five  reputable  citizens  of  the  community  in  which  such applicant
 resides. The certificate of approval shall be signed by  such  reputable
 citizens  and  duly  verified and acknowledged by them before an officer
 authorized to take oaths and acknowledgment of deeds. All provisions  of
 this  section, applying to corporations, shall also apply to joint-stock
 associations, except that each such joint-stock association shall file a
 duly certified copy of its certificate of organization in the  place  of
 the certified copy of its certificate of incorporation herein required.
   §  5.  Subdivision  2  of  section  81 of the general business law, as
 amended by chapter 756 of the laws of 1952 and paragraph (b) as  amended
 by chapter 133 of the laws of 1982, is amended to read as follows:
   2.  No  person  shall hereafter be employed by any holder of a license
 certificate until he shall have executed and furnished to  such  license
 certificate  holder  a  verified  statement,  to be known as "employee's
 statement," setting forth:
   (a) His full name, age and residence address.

 S. 7508--B                         32                         A. 9508--B
 
   (b) [That the applicant for employment is  a  citizen  of  the  United
 States  or  an  alien  lawfully  admitted for permanent residence in the
 United States.
   (c)]  The  business or occupation engaged in for the three years imme-
 diately preceding the date of the filing of the statement, setting forth
 the place or places where such business or occupation  was  engaged  in,
 and the name or names of employers, if any.
   [(d)] (C) That he has not been convicted of a felony or of any offense
 involving  moral  turpitude  or  of  any of the misdemeanors or offenses
 described in subdivision one of this section.
   [(e)] (D) Such further information as the department of state  may  by
 rule  require  to  show the good character, competency, and integrity of
 the person executing the statement.
   § 6. Subdivision 4 of section 89-h of the  general  business  law,  as
 added by chapter 336 of the laws of 1992, is amended to read as follows:
   [4. Citizenship: be a citizen or resident alien of the United States;]
   §  7.  This  act  shall  take  effect  immediately; provided, however,
 section two of this act shall take effect on the same date  and  in  the
 same  manner  as  section  36  of chapter 490 of the laws of 2019, takes
 effect.
 
                                  PART W

   Section 1. Paragraph (c) of subdivision 1 of section 444-e of the real
 property law, as amended by chapter 541 of the laws of 2019, is  amended
 to read as follows:
   (c) have passed the National Home Inspector examination OR AN EXAMINA-
 TION  OFFERED BY THE SECRETARY. ANY EXAMINATION OFFERED BY THE SECRETARY
 MUST MEET OR EXCEED THE NATIONAL EXAM STANDARDS SET BY  THE  EXAMINATION
 BOARD  OF PROFESSIONAL HOME INSPECTORS IN CONSULTATION WITH THE NEW YORK
 STATE ASSOCIATION OF HOME INSPECTORS TO  INCLUDE  QUESTIONS  RELATED  TO
 STATE-SPECIFIC  PROCEDURES, RULES, AND REGULATIONS, AND CHANGES TO STATE
 AND FEDERAL LAW, AND BE UPDATED ANNUALLY; and
   § 2. This act shall take effect immediately and shall apply to  appli-
 cations  for  a  license as a professional home inspector received on or
 after November 25, 2019.
 
                                  PART X
 
                           Intentionally Omitted
 
                                  PART Y
 
   Section 1. Expenditures of moneys appropriated in  a  chapter  of  the
 laws  of  2020  to  the  department  of agriculture and markets from the
 special  revenue  funds-other/state  operations,  miscellaneous  special
 revenue  fund-339,  public  service  account  shall  be  subject  to the
 provisions of this section. Notwithstanding any other provision  of  law
 to the contrary, direct and indirect expenses relating to the department
 of   agriculture   and  markets'  participation  in  general  ratemaking
 proceedings pursuant to section 65 of the public service law or  certif-
 ication  proceedings  pursuant  to article 7 or 10 of the public service
 law, shall be deemed expenses of the department of public service within
 the meaning of section 18-a of the public service  law.  No  later  than
 August  15,  2021, the commissioner of the department of agriculture and
 markets shall submit an accounting of such expenses, including, but  not

 S. 7508--B                         33                         A. 9508--B
 
 limited  to,  expenses  in the 2020--2021 state fiscal year for personal
 and non-personal services and fringe  benefits,  to  the  chair  of  the
 public  service  commission  for  the  chair's  review  pursuant  to the
 provisions of section 18-a of the public service law.
   §  2.  Expenditures of moneys appropriated in a chapter of the laws of
 2020 to  the  department  of  state  from  the  special  revenue  funds-
 other/state  operations,  miscellaneous special revenue fund-339, public
 service account shall be subject to  the  provisions  of  this  section.
 Notwithstanding  any  other provision of law to the contrary, direct and
 indirect expenses relating  to  the  activities  of  the  department  of
 state's  utility  intervention unit pursuant to subdivision 4 of section
 94-a of the executive law, including, but not limited  to  participation
 in  general  ratemaking proceedings pursuant to section 65 of the public
 service law or certification proceedings pursuant to article 7 or 10  of
 the  public  service  law, and expenses related to the activities of the
 major renewable energy development program established by  section  94-c
 of  the  executive  law,  shall  be deemed expenses of the department of
 public service within the meaning of section 18-a of the public  service
 law.  No later than August 15, 2021, the secretary of state shall submit
 an  accounting of such expenses, including, but not limited to, expenses
 in the 2020--2021  state  fiscal  year  for  personal  and  non-personal
 services and fringe benefits, to the chair of the public service commis-
 sion  for  the chair's review pursuant to the provisions of section 18-a
 of the public service law.
   § 3. Expenditures of moneys appropriated in a chapter of the  laws  of
 2020  to  the office of parks, recreation and historic preservation from
 the special revenue funds-other/state operations, miscellaneous  special
 revenue  fund-339,  public  service  account  shall  be  subject  to the
 provisions of this section. Notwithstanding any other provision  of  law
 to  the contrary, direct and indirect expenses relating to the office of
 parks, recreation and historic preservation's participation  in  general
 ratemaking  proceedings pursuant to section 65 of the public service law
 or certification proceedings pursuant to article 7 or 10 of  the  public
 service  law,  shall  be  deemed  expenses  of  the department of public
 service within the meaning of section 18-a of the public service law. No
 later than August 15, 2021, the commissioner of  the  office  of  parks,
 recreation  and historic preservation shall submit an accounting of such
 expenses, including, but not limited  to,  expenses  in  the  2020--2021
 state  fiscal  year  for  personal  and non-personal services and fringe
 benefits, to the chair of the public service commission for the  chair's
 review  pursuant to the provisions of section 18-a of the public service
 law.
   § 4. Expenditures of moneys appropriated in a chapter of the  laws  of
 2020  to  the  department of environmental conservation from the special
 revenue funds-other/state operations, environmental conservation special
 revenue fund-301, utility  environmental  regulation  account  shall  be
 subject  to  the  provisions  of this section. Notwithstanding any other
 provision of law to the contrary, direct and indirect expenses  relating
 to the department of environmental conservation's participation in state
 energy  policy  proceedings,  or  certification  proceedings pursuant to
 article 7 or 10 of the public service law, shall be deemed  expenses  of
 the  department  of public service within the meaning of section 18-a of
 the public service law. No later than August 15, 2021, the  commissioner
 of the department of environmental conservation shall submit an account-
 ing  of  such  expenses,  including, but not limited to, expenses in the
 2020--2021 state fiscal year for personal and non-personal services  and

 S. 7508--B                         34                         A. 9508--B
 
 fringe  benefits,  to the chair of the public service commission for the
 chair's review pursuant to the provisions of section 18-a of the  public
 service law.
   §  5. Notwithstanding any other law, rule or regulation to the contra-
 ry, 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. No later than  August  15,
 2021,  the  commissioner  of  the  department  of health shall submit an
 accounting of expenses in the 2020--2021 state fiscal year to the  chair
 of  the public service commission for the chair's review pursuant to the
 provisions of section 217 of the public service law.
   § 6. Any expense deemed to be expenses of  the  department  of  public
 service  pursuant  to sections one through four of this act shall not be
 recovered through assessments imposed  upon  telephone  corporations  as
 defined in subdivision 17 of section 2 of the public service law.
   §  7.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020 and  shall
 be deemed repealed April 1, 2021.
 
                                  PART Z
 
                           Intentionally Omitted
 
                                  PART AA
 
                           Intentionally Omitted
 
                                  PART BB
 
                           Intentionally Omitted
 
                                  PART CC

   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 58 of the laws of 2018, is amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on July 1, [2020] 2022; 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.
   § 2. This act shall take effect immediately.

                                  PART DD
 
   Section 1. Subdivision (a) of section 2 and section 3  of  part  F  of
 chapter  60  of the laws of 2015 constituting the infrastructure invest-
 ment act, subdivision (a) of section 2 as amended by section 1 of part M
 of chapter 39 of the laws of 2019, and section 3 as amended by section 3
 of part RRR of chapter 59 of the laws of 2017, are amended  to  read  as
 follows:

 S. 7508--B                         35                         A. 9508--B
 
   (a)  (i) "authorized state entity" shall mean the New York state thru-
 way authority, the department of transportation, the  office  of  parks,
 recreation  and  historic  preservation, the department of environmental
 conservation [and], the New York state bridge authority, THE  OFFICE  OF
 GENERAL  SERVICES, THE DORMITORY AUTHORITY, THE URBAN DEVELOPMENT CORPO-
 RATION, THE STATE UNIVERSITY CONSTRUCTION FUND, THE NEW YORK STATE OLYM-
 PIC REGIONAL DEVELOPMENT AUTHORITY AND THE BATTERY PARK CITY AUTHORITY.
   (ii) Notwithstanding the provisions of subdivision 26 of section  1678
 of  the  public  authorities law, section 8 of the public buildings law,
 sections 8 and 9 of section 1 of chapter 359 of  the  laws  of  1968  as
 amended, section 103 of the general municipal law, and the provisions of
 any  other law to the contrary, the term "authorized state entity" shall
 also refer to only those agencies or authorities identified below solely
 in connection with the following authorized projects, provided that such
 an authorized state entity may utilize the alternative  delivery  method
 referred  to  as  design-build  contracts  solely in connection with the
 following authorized projects should the total cost of each such project
 not be less than five million dollars ($5,000,000):
 
     Authorized Projects                     Authorized State Entity
 
 1.  Frontier Town                        Urban Development Corporation
 
 2.  Life Sciences Laboratory             Dormitory Authority & Urban
                                          Development Corporation
 
 3.  Whiteface Transformative Projects    New York State Olympic Regional
                                          Development Authority
 
 4.  Gore Transformative Projects         New York State Olympic Regional
                                          Development Authority
 5.  Belleayre Transformative Projects    New York State Olympic Regional
                                          Development Authority
 6.  Mt. Van Hoevenberg Transformative    New York State Olympic Regional
     Projects                             Development Authority
 7.  Olympic Training Center              New York State Olympic Regional
                                          Development Authority
 8.  Olympic Arena and Convention         New York State Olympic Regional
     Center Complex                       Development Authority
 9.  State Fair Revitalization            Office of General
     Projects                             Services
 10. State Police Forensic                Office of General
     Laboratory                           Services
 
   Notwithstanding any provision of law to the contrary,  all  rights  or
 benefits,  including  terms and conditions of employment, and protection
 of civil service  and  collective  bargaining  status  of  all  existing
 employees  of  authorized  state entities [solely in connection with the
 authorized projects listed above,] shall  be  preserved  and  protected.
 Nothing  in  this  section  shall result in the: (1) displacement of any
 currently  employed  worker  or  loss  of  position  (including  partial
 displacement  such  as  a  reduction  in the hours of non-overtime work,
 wages, or employment benefits) or result in the impairment  of  existing
 collective  bargaining agreements; [and] (2) transfer of existing duties
 and functions related to maintenance and operations currently  performed
 by  existing  employees  of  authorized  state entities to a contracting

 S. 7508--B                         36                         A. 9508--B
 
 entity; OR (3)  TRANSFER  OF  FUTURE  DUTIES  AND  FUNCTIONS  ORDINARILY
 PERFORMED  BY  EMPLOYEES OF AUTHORIZED STATE ENTITIES TO THE CONTRACTING
 ENTITY. Nothing contained herein shall be construed to  affect  (A)  the
 existing rights of employees pursuant to an existing collective bargain-
 ing agreement, and (B) the existing representational relationships among
 employee  organizations  or  the  bargaining  relationships  between the
 employer and an employee organization.
   If otherwise applicable, authorized projects undertaken by the author-
 ized  state  entities  listed  above  solely  in  connection  with   the
 provisions  of  this  act  shall  be subject to section 135 of the state
 finance law, section 101 of the general municipal law, and  section  222
 of the labor law; provided, however, that an authorized state entity may
 fulfill  its  obligations  under section 135 of the state finance law or
 section 101 of the general municipal law by requiring the contractor  to
 prepare  separate  specifications  in accordance with section 135 of the
 state finance law or section 101 of the general municipal  law,  as  the
 case may be.
   §  3. Notwithstanding the provisions of section 38 of the highway law,
 section 136-a of the state finance law, [section]  SECTIONS  359,  1678,
 1680  AND  1680-A of the public authorities law, [section] SECTIONS 376,
 407-A, 6281 AND 7210 of the education law,  SECTIONS  8  AND  9  OF  THE
 PUBLIC  BUILDINGS LAW, SECTION 103 OF THE GENERAL MUNICIPAL LAW, and the
 provisions of any other law to the contrary, and in conformity with  the
 requirements  of  this  act,  an authorized state entity may utilize the
 alternative delivery method referred to as  design-build  contracts,  in
 consultation  with  relevant  local labor organizations and construction
 industry, for capital projects LOCATED IN  THE  STATE  related  to  [the
 state's]  physical  infrastructure,  including, but not limited to, [the
 state's] highways, bridges, BUILDINGS AND APPURTENANT STRUCTURES,  dams,
 flood  control  projects,  canals, and parks, including, but not limited
 to, to repair damage caused by natural disaster, to correct  health  and
 safety  defects,  to  comply with federal and state laws, standards, and
 regulations, to extend the useful life of or replace [the state's] high-
 ways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams, flood control
 projects, canals, and parks or to improve or add to [the state's]  high-
 ways, bridges, BUILDINGS AND APPURTENANT STRUCTURES, dams, flood control
 projects, canals, and parks; provided that for the contracts executed by
 the  department  of  transportation, the office of parks, recreation and
 historic preservation, or the department of environmental  conservation,
 the  total  cost of each such project shall not be less than ten million
 dollars ($10,000,000).
   § 2. The opening paragraph and subdivision (a) of section 4 of part  F
 of  chapter  60  of  the  laws  of  2015 constituting the infrastructure
 investment act, as amended by section 4 of part RRR of chapter 59 of the
 laws of 2017, are amended to read as follows:
   An entity selected by an authorized  state  entity  to  enter  into  a
 design-build contract shall be selected [through a] BY A ONE OR two-step
 method, [as follows] WHICH INCLUDES THE FOLLOWING FEATURES:
   (a)  Step one. Generation of a list of entities that have demonstrated
 the general capability to perform the design-build contract.  Such  list
 shall  consist  of  a  specified number of entities, as determined by an
 authorized state entity, and shall be generated based upon  the  author-
 ized state entity's review of responses to a publicly advertised request
 for qualifications. The authorized state entity's request for qualifica-
 tions  shall  include  a general description of the project, the maximum
 number of entities to be included on the list, the selection criteria to

 S. 7508--B                         37                         A. 9508--B

 be used and the relative weight of each criteria in generating the list.
 Such selection criteria shall include the qualifications and  experience
 of  the design and construction team, organization, demonstrated respon-
 sibility,  ability  of the team or of a member or members of the team to
 comply with applicable requirements, including the provisions  of  arti-
 cles  145,  147  and 148 of the education law, past record of compliance
 with the labor law, and such other qualifications the  authorized  state
 entity  deems  appropriate  which  may  include  but  are not limited to
 project understanding, financial capability and record of past  perform-
 ance.  The  authorized state entity shall evaluate and rate all entities
 responding to the request for qualifications.  Based upon such  ratings,
 the authorized state entity shall list the entities that shall receive a
 request  for  proposals  in  accordance  with  subdivision  (b)  of this
 section.   To the extent consistent with  applicable  federal  law,  the
 authorized  state  entity  shall  consider,  when  awarding any contract
 pursuant to this section, the  participation  of:  (i)  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]  (ii) small business
 concerns identified pursuant to subdivision (b) of section 139-g of  the
 state finance law; AND (III) FIRMS CERTIFIED PURSUANT TO ARTICLE 17-B OF
 THE  EXECUTIVE  LAW AS SERVICE-DISABLED VETERAN-OWNED BUSINESSES AND THE
 ABILITY OF OTHER BUSINESSES UNDER CONSIDERATION TO  WORK  WITH  SERVICE-
 DISABLED  VETERAN-OWNED  BUSINESSES  SO AS TO PROMOTE AND ASSIST PARTIC-
 IPATION BY SUCH BUSINESSES.
   § 3. Section 8 of part F of chapter 60 of the laws of 2015  constitut-
 ing the infrastructure investment act is amended to read as follows:
   §  8. Each contract entered into by the authorized state entity pursu-
 ant to this section shall comply with the objectives and goals of minor-
 ity and women-owned business enterprises pursuant to article 15-A of the
 executive law AND OF SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTERPRISES
 PURSUANT TO ARTICLE 17-B OF THE EXECUTIVE LAW or, for projects receiving
 federal aid, shall  comply  with  applicable  federal  requirements  for
 disadvantaged business enterprises.
   §  4. Paragraph 3 of subdivision (a) and subdivision (b) of section 13
 of part F of chapter 60 of the laws of 2015 constituting the infrastruc-
 ture investment act, as amended by section 11 of part RRR of chapter  59
 of the laws of 2017, are amended to read as follows:
   3. (I) 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, WHICH LUMP SUM PRICE MAY BE NEGO-
 TIATED AND ESTABLISHED  BY  THE  AUTHORIZED  STATE  ENTITY  BASED  ON  A
 PROPOSED GUARANTEED MAXIMUM PRICE.
   (II)  THE DESIGN-BUILD CONTRACT MAY INCLUDE BOTH LUMP SUM ELEMENTS AND
 COST-PLUS NOT TO EXCEED GUARANTEED MAXIMUM PRICE ELEMENTS AND  MAY  ALSO
 PROVIDE FOR PROFESSIONAL SERVICES ON A FEE-FOR-SERVICE BASIS.
   (b)  Capital  projects  undertaken  by  an authorized state entity may
 include an incentive clause in  the  contract  for  various  performance
 objectives, but the incentive clause shall not include an incentive that
 exceeds the quantifiable value of the benefit received by the authorized
 state entity. The authorized state entity shall [establish] REQUIRE such
 performance and payment bonds as it deems necessary.

 S. 7508--B                         38                         A. 9508--B
 
   § 5. Part F of chapter 60 of the laws of 2015 constituting the infras-
 tructure  investment  act is amended by adding two new sections 15-a and
 15-b to read as follows:
   §  15-A.  ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE DEEMED TO
 BE AWARDED PURSUANT TO A COMPETITIVE PROCUREMENT FOR PURPOSES OF SECTION
 2879 OF THE PUBLIC AUTHORITIES LAW.
   § 15-B. PUBLIC EMPLOYEES AS DEFINED BY PARAGRAPH (A) OF SUBDIVISION  7
 OF  SECTION 201 OF THE CIVIL SERVICE LAW AND WHO ARE EMPLOYED BY AUTHOR-
 IZED ENTITIES AS DEFINED IN PARAGRAPH (I) OF SUBDIVISION (A) OF  SECTION
 TWO OF THIS ACT SHALL EXAMINE  AND  REVIEW  CERTIFICATIONS  PROVIDED  BY
 CONTRACTORS FOR CONFORMANCE WITH MATERIAL SOURCE TESTING, CERTIFICATIONS
 TESTING,  SURVEYING, MONITORING OF ENVIRONMENTAL COMPLIANCE, INDEPENDENT
 QUALITY CONTROL TESTING AND INSPECTION  AND  QUALITY  ASSURANCE  AUDITS.
 PERFORMANCE  BY  AUTHORIZED  ENTITIES  OF  ANY  REVIEW DESCRIBED IN THIS
 SUBDIVISION SHALL NOT BE CONSTRUED TO MODIFY OR LIMIT CONTRACTORS' OBLI-
 GATIONS TO  PERFORM  WORK  IN  STRICT  ACCORDANCE  WITH  THE  APPLICABLE
 DESIGN-BUILD  CONTRACTS OR THE CONTRACTORS' OR ANY SUBCONTRACTORS' OBLI-
 GATIONS OR LIABILITIES UNDER ANY LAW.
   § 6. Section 16 of part F of chapter 60 of the laws of 2015 constitut-
 ing the infrastructure investment act is amended to read as follows:
   § 16. A report shall be submitted on or no later than June 30,  [2016]
 2021  AND  ANNUALLY THEREAFTER, to the governor, the temporary president
 of the senate and the speaker of the assembly  by  the  New  York  state
 [urban  development corporation] OFFICE OF GENERAL SERVICES ON BEHALF OF
 AUTHORIZED ENTITIES DEFINED IN  PARAGRAPH  (I)  OF  SUBDIVISION  (A)  OF
 SECTION  TWO OF THIS ACT containing information on each authorized state
 entity that has entered into a design-build contract  pursuant  to  this
 act,  which  shall include, but not be limited to, a description of each
 SUCH DESIGN-BUILD CONTRACT, INFORMATION REGARDING THE PROCUREMENT  PROC-
 ESS  FOR  EACH  SUCH  DESIGN-BUILD  project,  [procurement  information]
 including the [short] list of qualified bidders, the total cost of  each
 DESIGN-BUILD  project, AN EXPLANATION OF the estimated cost and schedule
 savings of each project, an explanation of how the savings  were  deter-
 mined,  THE  PARTICIPATION  RATE AND TOTAL DOLLAR VALUE OF MINORITY- AND
 WOMEN-OWNED  BUSINESS  ENTERPRISES  AND  SERVICE-DISABLED  VETERAN-OWNED
 BUSINESSES,  and  whether  a  project  labor  agreement was used, and if
 applicable, the justification for using a project labor agreement.  SUCH
 REPORT  SHALL ALSO BE POSTED ON THE WEBSITE OF THE NEW YORK STATE OFFICE
 OF GENERAL SERVICES FOR PUBLIC REVIEW.
   § 7. Section 17 of part F of chapter 60 of the laws of 2015 constitut-
 ing the infrastructure investment act, as amended by section 1  of  part
 WWW of chapter 59 of the laws of 2019, is amended to read as follows:
   §  17.  This act shall take effect immediately and shall expire and be
 deemed repealed [6 years after such date] DECEMBER  31,  2022,  provided
 that,  projects  with  requests  for qualifications issued prior to such
 repeal shall be permitted to continue  under  this  act  notwithstanding
 such repeal.
   §  8.  This act shall take effect immediately; provided, however, that
 the amendments to part F of chapter 60 of  the  laws  of  2015  made  by
 sections  one,  two,  three,  four,  five  and six of this act shall not
 affect the repeal of such part and shall be deemed repealed therewith.
 
                                  PART EE
 
   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

 S. 7508--B                         39                         A. 9508--B
 
 corporation act, as amended by section 1 of part Z of chapter 58 of  the
 laws of 2019, 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, [2020] 2021.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after July 1, 2020.
 
                                  PART FF
 
   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 Y of chapter 58 of the laws of 2019, is
 amended to read as follows:
   § 2. This act shall take effect immediately  provided,  however,  that
 section  one  of  this act shall expire on July 1, [2020] 2021, 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.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART GG
 
   Section 1. Paragraph (a) of subdivision  11  of  section  400  of  the
 economic  development law, as amended by section 3 of part QQ of chapter
 60 of the laws of 2016, is amended to read as follows:
   (a) a correctional facility, as defined in paragraph (a)  of  subdivi-
 sion  four  of section two of the correction law, that has been selected
 by the governor of the state of New York for closure after April  first,
 two  thousand eleven [but no later than March thirty-first, two thousand
 twelve] BUT NO LATER THAN MARCH THIRTY-FIRST, TWO  THOUSAND  TWENTY-ONE;
 or
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to section 400 of the economic development  law  made  by
 section  one of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith.
 
                                  PART HH
 
   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 $22,700,000
 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

 S. 7508--B                         40                         A. 9508--B
 
 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 2018. 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, 2020 and such amounts shall be paid to
 the New York state energy  research  and  development  authority  on  or
 before  September  10,  2020.  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  up  to $4 million to the state general fund for climate change
 related services and expenses of the department of environmental conser-
 vation, $150,000 to the state general fund for services and expenses  of
 the department of agriculture and markets, and $825,000 to the Universi-
 ty 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 president and chief executive
 officer  of the authority, or his or her designee, 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 author-
 ity  shall  have  submitted,  and  the director of the budget shall have
 approved, a comprehensive financial plan encompassing all moneys  avail-
 able to and all anticipated commitments and expenditures by such author-
 ity 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 electric corporations, in  a  manner
 to  be  determined  by  the department of public service, and any refund
 amounts must be explicitly lined out in the  itemized  record  described
 above.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  PART II
 
   Section 1. Subdivision 16 of section 2 of the labor law, as  added  by
 chapter  564 of the laws of 2010, is renumbered subdivision 17 and a new
 subdivision 18 is added to read as follows:
   18. "FARM LABORER" SHALL MEAN ANY INDIVIDUAL WHO WORKS ON A  FARM  AND
 IS  AN  EMPLOYEE  UNDER  ARTICLE NINETEEN OF THIS CHAPTER. MEMBERS OF AN

 S. 7508--B                         41                         A. 9508--B
 
 EMPLOYER'S IMMEDIATE FAMILY WHO ARE  RELATED  TO  THE  THIRD  DEGREE  OF
 CONSANGUINITY  OR  AFFINITY  SHALL NOT BE CONSIDERED TO BE EMPLOYED ON A
 FARM IF THEY WORK ON A FARM OUT OF FAMILIAL OBLIGATIONS AND ARE NOT PAID
 WAGES, OR OTHER COMPENSATION BASED ON THEIR HOURS OR DAYS OF WORK.
   §  2.  Paragraph (c) of subdivision 3 of section 701 of the labor law,
 as added by chapter 105 of the laws of  2019,  is  amended  to  read  as
 follows:
   (c) The term "employee" shall also include farm laborers. "Farm labor-
 ers"  shall  mean  any individual engaged or permitted by an employer to
 work on a farm[, except the parent, spouse, child, or  other  member  of
 the  employer's immediate family]. MEMBERS OF AN AGRICULTURAL EMPLOYER'S
 IMMEDIATE FAMILY WHO ARE RELATED TO THE THIRD DEGREE OF CONSANGUINITY OR
 AFFINITY SHALL NOT BE CONSIDERED TO BE EMPLOYED ON A FARM IF  THEY  WORK
 ON  A  FARM OUT OF FAMILIAL OBLIGATIONS AND ARE NOT PAID WAGES, OR OTHER
 COMPENSATION BASED ON THEIR HOURS OR DAYS OF WORK.
   § 3. Section 705 of the labor law is amended by adding a new  subdivi-
 sion 1-b to read as follows:
   1-B.  THE BOARD SHALL DETERMINE WHETHER ANY SUPERVISORY EMPLOYEE SHALL
 BE EXCLUDED FROM ANY NEGOTIATING UNIT THAT INCLUDES  RANK-AND-FILE  FARM
 LABORERS;  PROVIDED,  HOWEVER, THAT NOTHING IN THIS SUBDIVISION SHALL BE
 CONSTRUED TO LIMIT OR PROHIBIT ANY SUPERVISORY EMPLOYEE FROM  ORGANIZING
 A SEPARATE NEGOTIATING UNIT.
   §  4.  The  closing  paragraph  of subdivision 1 of section 161 of the
 labor law, as added by chapter 105 of the laws of 2019,  is  amended  to
 read as follows:
   Every  person  employed  as  a  farm laborer shall be allowed at least
 twenty-four consecutive hours of rest in each and every  calendar  week.
 [This  requirement shall not apply to the parent, child, spouse or other
 member of the  employer's  immediate  family.]  Twenty-four  consecutive
 hours  spent  at  rest because of circumstances, such as weather or crop
 conditions, shall be deemed to constitute  the  rest  required  by  this
 paragraph.  No provision of this paragraph shall prohibit a farm laborer
 from voluntarily agreeing to work on such day of rest required  by  this
 paragraph,  provided that the farm laborer is compensated at an overtime
 rate which is at least one and one-half times the laborer's regular rate
 of pay for all hours worked on such day of rest. The term  "farm  labor"
 shall  include  all  services  performed  in  agricultural employment in
 connection with cultivating the soil, or in connection with  raising  or
 harvesting of agricultural commodities, including the raising, shearing,
 caring  for  and  management  of livestock, poultry or dairy. The day of
 rest authorized under this subdivision should, whenever possible,  coin-
 cide with the traditional day reserved by the farm laborer for religious
 worship.
   §  5.  Section  163-a of the labor law, as added by chapter 105 of the
 laws of 2019, is amended to read as follows:
   § 163-a. Farm laborers. No person  or  corporation  operating  a  farm
 shall  require any [employee] FARM LABORER to work more than sixty hours
 in  any  calendar  week;  provided,  however,  that  any  overtime  work
 performed by a farm laborer shall be at a rate which is at least one and
 one-half  times  the  FARM laborer's regular rate of pay. [No wage order
 subject to the provisions of this chapter shall be applicable to a  farm
 laborer  other  than  a  wage  order established pursuant to section six
 hundred seventy-four or six hundred seventy-four-a of this chapter.]
   § 6. The opening paragraph of subdivision 2  of  section  652  of  the
 labor  law,  as amended by chapter 38 of the laws of 1990, is amended to
 read as follows:

 S. 7508--B                         42                         A. 9508--B
 
   The minimum wage orders in effect on the effective date  of  this  act
 shall  remain in full force and effect, except as modified in accordance
 with the provisions of this article; PROVIDED, HOWEVER, THAT THE MINIMUM
 WAGE ORDER FOR FARM WORKERS CODIFIED AT PART ONE HUNDRED NINETY OF TITLE
 TWELVE  OF THE NEW YORK CODE OF RULES AND REGULATIONS IN EFFECT ON JANU-
 ARY FIRST, TWO THOUSAND TWENTY SHALL BE DEEMED TO BE A WAGE ORDER ESTAB-
 LISHED AND ADOPTED UNDER THIS ARTICLE AND SHALL REMAIN IN FULL FORCE AND
 EFFECT EXCEPT AS MODIFIED IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 ARTICLE OR ARTICLE NINETEEN-A OF THIS CHAPTER.
   §  7. Subdivision 2 of section 671 of the labor law, as added by chap-
 ter 552 of the laws of 1969, is amended to read as follows:
   2. "Employee" includes any individual employed or permitted to work by
 an employer on a farm but shall not include: (a) domestic service in the
 home of the employer; (b) the parent, spouse, child or other  member  of
 the  employer's  immediate  family; (c) a minor under seventeen years of
 age employed as a hand harvest worker on the same farm as his parent  or
 guardian and who is paid on a piece-rate basis at the same piece rate as
 employees  seventeen years of age or over; OR (d) an individual employed
 or permitted to work for a federal, state, or a municipal government  or
 political  subdivision  thereof[;  or  (e)  an  individual  to  whom the
 provisions of article nineteen of this chapter are applicable].
   § 8. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after January 1, 2020.
 
                                  PART JJ
 
   Section  1.  Subparagraph  (ii)  of  paragraph  a  of subdivision 9 of
 section 103 of the general municipal law, as amended by  chapter  90  of
 the laws of 2017, is amended to read as follows:
   (ii)  such  association of producers or growers is comprised of owners
 of farms who also operate such farms and have combined to fill the order
 of a school district or board of cooperative educational  services,  and
 where  such order is for [fifty] ONE HUNDRED thousand dollars or less as
 herein authorized, provided however, that a school district or board  of
 cooperative educational services may apply to the commissioner of educa-
 tion  for permission to purchase orders of more than [fifty] ONE HUNDRED
 thousand dollars from an association of owners of  such  farms  when  no
 other producers or growers have offered to sell to such school;
   § 2. This act shall take effect immediately.
 
                                  PART KK
 
   Section  1.  Subdivision 4 of section 1285-j of the public authorities
 law is amended by adding a new closing paragraph to read as follows:
   SUBJECT TO ANY APPLICABLE PROVISIONS OF  FEDERAL  OR  STATE  LAW,  ANY
 FINANCIAL  ASSISTANCE  AT  AN  INTEREST RATE OF ZERO PERCENT PROVIDED TO
 MUNICIPALITIES THAT MEET THE  FINANCIAL  HARDSHIP  CRITERIA  REGULATIONS
 ESTABLISHED  PURSUANT  TO SECTION 17-1909 OF THE ENVIRONMENTAL CONSERVA-
 TION LAW, MAY HAVE A FINAL MATURITY UP TO FORTY YEARS  FOLLOWING  SCHED-
 ULED COMPLETION OF THE ELIGIBLE PROJECT.
   §  2. Subdivision 4 of section 1285-m of the public authorities law is
 amended by adding a new closing paragraph to read as follows:
   SUBJECT TO ANY APPLICABLE PROVISIONS OF  FEDERAL  OR  STATE  LAW,  ANY
 FINANCIAL  ASSISTANCE  AT  AN  INTEREST RATE OF ZERO PERCENT PROVIDED TO
 RECIPIENTS THAT MEET THE FINANCIAL HARDSHIP CRITERIA REGULATIONS  ESTAB-
 LISHED  PURSUANT  TO  TITLE  FOUR OF ARTICLE ELEVEN OF THE PUBLIC HEALTH

 S. 7508--B                         43                         A. 9508--B
 
 LAW, MAY HAVE A FINAL MATURITY UP TO  FORTY  YEARS  FOLLOWING  SCHEDULED
 COMPLETION OF THE ELIGIBLE PROJECT.
   § 3. This act shall take effect immediately.
 
                                  PART LL
 
                           Intentionally Omitted
 
                                  PART MM
 
   Section 1. The financial services law is amended by adding a new arti-
 cle 7 to read as follows:
 
                                 ARTICLE 7
                         STUDENT DEBT CONSULTANTS
 SECTION 701. DEFINITIONS.
         702. PROHIBITIONS.
         703. DISCLOSURE REQUIREMENTS.
         704. STUDENT DEBT CONSULTING CONTRACTS.
         705. PENALTIES AND OTHER PROVISIONS.
         706. RULES AND REGULATIONS.
   §  701. DEFINITIONS.   (A) THE TERM "ADVERTISEMENT" SHALL INCLUDE, BUT
 IS NOT LIMITED TO, ALL FORMS  OF  MARKETING,  SOLICITATION,  OR  DISSEM-
 INATION  OF  INFORMATION RELATED, DIRECTLY OR INDIRECTLY, TO SECURING OR
 OBTAINING A STUDENT DEBT CONSULTING CONTRACT OR  SERVICES.  FURTHER,  IT
 SHALL INCLUDE ALL COMMONLY RECOGNIZED FORMS OF MEDIA MARKETING VIA TELE-
 VISION,  RADIO,  PRINT  MEDIA, ALL FORMS OF ELECTRONIC COMMUNICATION VIA
 THE INTERNET, AND ALL PREPARED SALES PRESENTATIONS GIVEN  IN  PERSON  OR
 OVER THE INTERNET TO THE GENERAL PUBLIC.
   (B)  "BORROWER"  MEANS  ANY  RESIDENT OF THIS STATE WHO HAS RECEIVED A
 STUDENT LOAN OR AGREED IN WRITING TO PAY A STUDENT LOAN  OR  ANY  PERSON
 WHO  SHARES A LEGAL OBLIGATION WITH SUCH RESIDENT FOR REPAYING A STUDENT
 LOAN.
   (C) "FSA ID" MEANS A USERNAME AND PASSWORD ALLOCATED TO AN  INDIVIDUAL
 BY  THE FEDERAL GOVERNMENT TO ENABLE THE INDIVIDUAL TO LOG IN TO CERTAIN
 UNITED STATES DEPARTMENT OF EDUCATION WEBSITES, AND MAY BE USED TO  SIGN
 CERTAIN DOCUMENTS ELECTRONICALLY.
   (D) "STUDENT LOAN" MEANS ANY LOAN TO A BORROWER TO FINANCE POST-SECON-
 DARY EDUCATION OR EXPENSES RELATED TO POST-SECONDARY EDUCATION.
   (E)  "STUDENT  DEBT CONSULTING CONTRACT" OR "CONTRACT" MEANS AN AGREE-
 MENT BETWEEN A BORROWER AND A  CONSULTANT  UNDER  WHICH  THE  CONSULTANT
 AGREES TO PROVIDE STUDENT DEBT CONSULTING SERVICES.
   (F) "STUDENT DEBT CONSULTANT" OR "CONSULTANT" MEANS AN INDIVIDUAL OR A
 CORPORATION,  PARTNERSHIP,  LIMITED  LIABILITY COMPANY OR OTHER BUSINESS
 ENTITY THAT, DIRECTLY OR INDIRECTLY, SOLICITS OR  UNDERTAKES  EMPLOYMENT
 TO  PROVIDE  STUDENT  DEBT  CONSULTING  SERVICES.  A CONSULTANT DOES NOT
 INCLUDE THE FOLLOWING:
   (1) A PERSON OR ENTITY WHO HOLDS OR  IS  OWED  AN  OBLIGATION  ON  THE
 STUDENT  LOAN WHILE THE PERSON OR ENTITY PERFORMS SERVICES IN CONNECTION
 WITH THE STUDENT LOAN;
   (2) A BANK, TRUST  COMPANY,  PRIVATE  BANKER,  BANK  HOLDING  COMPANY,
 SAVINGS  BANK,  SAVINGS  AND  LOAN  ASSOCIATION, THRIFT HOLDING COMPANY,
 CREDIT UNION OR INSURANCE COMPANY  ORGANIZED  UNDER  THE  LAWS  OF  THIS
 STATE,  ANOTHER STATE OR THE UNITED STATES, OR A SUBSIDIARY OR AFFILIATE
 OF SUCH ENTITY OR A FOREIGN BANKING CORPORATION LICENSED BY  THE  SUPER-
 INTENDENT OF FINANCIAL SERVICES OR THE COMPTROLLER OF THE CURRENCY;

 S. 7508--B                         44                         A. 9508--B
 
   (3)  A BONA FIDE NOT-FOR-PROFIT ORGANIZATION THAT OFFERS COUNSELING OR
 ADVICE TO BORROWERS;
   (4) AN ATTORNEY ADMITTED TO PRACTICE IN THE STATE OF NEW YORK WHEN THE
 ATTORNEY  IS  PROVIDING  STUDENT  DEBT CONSULTING SERVICES TO A BORROWER
 FREE OF CHARGE;
   (5) A PUBLIC POST-SECONDARY EDUCATIONAL INSTITUTION OR PRIVATE NONPRO-
 FIT POST-SECONDARY EDUCATIONAL INSTITUTION; OR
   (6) SUCH OTHER PERSONS AS THE SUPERINTENDENT PRESCRIBES BY RULE.
   (G) "STUDENT DEBT CONSULTING SERVICES" MEANS SERVICES THAT  A  STUDENT
 DEBT  CONSULTANT  PROVIDES  TO A BORROWER THAT THE CONSULTANT REPRESENTS
 WILL HELP TO ACHIEVE ANY OF THE FOLLOWING:
   (1) STOP, ENJOIN, DELAY, VOID, SET ASIDE, ANNUL, STAY  OR  POSTPONE  A
 DEFAULT, BANKRUPTCY, TAX OFFSET, OR GARNISHMENT PROCEEDING;
   (2)  OBTAIN A FORBEARANCE, DEFERMENT, OR OTHER RELIEF THAT TEMPORARILY
 HALTS REPAYMENT OF A STUDENT LOAN;
   (3) ASSIST THE BORROWER WITH PREPARING OR FILING DOCUMENTS RELATED  TO
 STUDENT LOAN REPAYMENT;
   (4)  ADVISE THE BORROWER WHICH STUDENT LOAN REPAYMENT PLAN OR FORGIVE-
 NESS PROGRAM TO CONSIDER;
   (5) ENROLL THE BORROWER IN ANY STUDENT  LOAN  REPAYMENT,  FORGIVENESS,
 DISCHARGE, OR CONSOLIDATION PROGRAM;
   (6)  ASSIST  THE  BORROWER  IN RE-ESTABLISHING ELIGIBILITY FOR FEDERAL
 STUDENT FINANCIAL ASSISTANCE;
   (7) ASSIST THE BORROWER IN REMOVING A STUDENT LOAN FROM DEFAULT; OR
   (8) EDUCATE THE BORROWER ABOUT STUDENT LOAN REPAYMENT.
   § 702. PROHIBITIONS.   A STUDENT DEBT CONSULTANT  IS  PROHIBITED  FROM
 DOING THE FOLLOWING:
   (A)  PERFORMING STUDENT DEBT CONSULTING SERVICES WITHOUT A LEGAL WRIT-
 TEN, FULLY-EXECUTED CONTRACT WITH A  BORROWER  THAT  COMPORTS  WITH  THE
 PROVISIONS OF THIS ARTICLE;
   (B)  CHARGING FOR OR ACCEPTING ANY PAYMENT FOR STUDENT DEBT CONSULTING
 SERVICES BEFORE THE FULL COMPLETION OF ALL SUCH  SERVICES,  INCLUDING  A
 PAYMENT  TO  BE  PLACED  IN  ESCROW  OR  ANY  OTHER  ACCOUNT PENDING THE
 COMPLETION OF SUCH SERVICES;
   (C) TAKING A POWER OF ATTORNEY FROM A BORROWER;
   (D) RETAINING ANY ORIGINAL LOAN DOCUMENT OR  OTHER  ORIGINAL  DOCUMENT
 RELATED TO A BORROWER'S STUDENT LOAN;
   (E)  REQUESTING  THAT  A  BORROWER  PROVIDE  HIS  OR HER FSA ID TO THE
 CONSULTANT, OR ACCEPTING A BORROWER'S FSA ID;
   (F) STATING OR IMPLYING THAT A BORROWER WILL NOT  BE  ABLE  TO  OBTAIN
 RELIEF ON THEIR OWN;
   (G) MISREPRESENTING, EXPRESSLY OR BY IMPLICATION, THAT:
   (1) THE CONSULTANT IS A PART OF, AFFILIATED WITH, OR ENDORSED OR SPON-
 SORED  BY  THE  GOVERNMENT,  GOVERNMENT LOAN PROGRAMS, THE UNITED STATES
 DEPARTMENT OF EDUCATION, OR BORROWERS' STUDENT LOAN SERVICERS; OR
   (2) SOME OR ALL OF A BORROWER'S PAYMENTS TO  THE  CONSULTANT  WILL  BE
 APPLIED TOWARDS THE BORROWER'S STUDENT LOANS.
   (H)  INDUCING  OR  ATTEMPTING  TO  INDUCE  A STUDENT DEBTOR TO ENTER A
 CONTRACT THAT DOES NOT FULLY COMPLY WITH THE PROVISIONS OF THIS ARTICLE;
 OR
   (I) ENGAGING IN ANY UNFAIR, DECEPTIVE, OR ABUSIVE ACT OR PRACTICE.
   § 703. DISCLOSURE REQUIREMENTS.  (A) A STUDENT DEBT  CONSULTANT  SHALL
 CLEARLY AND CONSPICUOUSLY DISCLOSE IN ALL ADVERTISEMENTS:
   (1) THE ACTUAL SERVICES THE CONSULTANT PROVIDES TO BORROWERS;
   (2)  THAT  BORROWERS MAY APPLY FOR CONSOLIDATION LOANS FROM THE UNITED
 STATES DEPARTMENT OF EDUCATION AT NO COST, INCLUDING PROVIDING A  DIRECT

 S. 7508--B                         45                         A. 9508--B
 
 LINK  IN  ALL  ONLINE  ADVERTISING  AND CONTACT INFORMATION IN ALL PRINT
 ADVERTISING TO THE APPLICATION MATERIALS FOR A DIRECT CONSOLIDATION LOAN
 FROM THE UNITED STATES DEPARTMENT OF EDUCATION;
   (3) THAT CONSOLIDATION OR OTHER SERVICES OFFERED BY THE CONSULTANT MAY
 NOT BE THE BEST OR ONLY OPTION FOR BORROWERS;
   (4)  THAT  ALTERNATIVE FEDERAL STUDENT LOAN REPAYMENT PLANS, INCLUDING
 INCOME-BASED PROGRAMS, THAT DO NOT REQUIRE CONSOLIDATING EXISTING FEDER-
 AL STUDENT LOANS MAY BE AVAILABLE; AND
   (5) THAT BORROWERS  SHOULD  CONSIDER  CONSULTING  THEIR  STUDENT  LOAN
 SERVICER BEFORE SIGNING ANY LEGAL DOCUMENT CONCERNING A STUDENT LOAN.
   (B)  THE  DISCLOSURES  REQUIRED  BY SUBSECTION (A) OF THIS SECTION, IF
 DISSEMINATED THROUGH PRINT MEDIA OR THE INTERNET, SHALL BE  CLEARLY  AND
 LEGIBLY  PRINTED  OR  DISPLAYED IN NOT LESS THAN TWELVE-POINT BOLD TYPE,
 OR, IF THE ADVERTISEMENT IS PRINTED TO BE DISPLAYED  IN  PRINT  THAT  IS
 SMALLER  THAN  TWELVE  POINT, IN BOLD TYPE PRINT THAT IS NO SMALLER THAN
 THE PRINT  IN  WHICH  THE  TEXT  OF  THE  ADVERTISEMENT  IS  PRINTED  OR
 DISPLAYED.
   (C)  THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONSULTANTS WHO
 DISSEMINATE ADVERTISEMENTS IN THE STATE OF NEW YORK  OR  WHO  INTEND  TO
 DIRECTLY  OR INDIRECTLY CONTACT A BORROWER WHO HAS A STUDENT LOAN AND IS
 A RESIDENT OF OR A STUDENT IN NEW YORK STATE. CONSULTANTS  SHALL  ESTAB-
 LISH AND AT ALL TIMES MAINTAIN CONTROL OVER THE CONTENT, FORM AND METHOD
 OF  DISSEMINATION OF ALL ADVERTISEMENTS OF THEIR SERVICES.  FURTHER, ALL
 ADVERTISEMENTS SHALL BE SUFFICIENTLY COMPLETE AND  CLEAR  TO  AVOID  THE
 POSSIBILITY TO MISLEAD OR DECEIVE.
   § 704. STUDENT DEBT CONSULTING CONTRACTS.  (A) A STUDENT DEBT CONSULT-
 ING CONTRACT SHALL:
   (1) CONTAIN THE ENTIRE AGREEMENT OF THE PARTIES;
   (2) BE PROVIDED IN WRITING TO THE BORROWER FOR REVIEW BEFORE SIGNING;
   (3)  BE  PRINTED IN AT LEAST TWELVE-POINT TYPE AND WRITTEN IN THE SAME
 LANGUAGE THAT IS USED BY  THE  BORROWER  AND  WAS  USED  IN  DISCUSSIONS
 BETWEEN  THE  CONSULTANT  AND  THE  BORROWER  TO DESCRIBE THE BORROWER'S
 SERVICES OR TO NEGOTIATE THE CONTRACT;
   (4) FULLY DISCLOSE THE EXACT NATURE OF THE SERVICES TO BE PROVIDED  BY
 THE CONSULTANT OR ANYONE WORKING IN ASSOCIATION WITH THE CONSULTANT;
   (5) FULLY DISCLOSE THE TOTAL AMOUNT AND TERMS OF COMPENSATION FOR SUCH
 SERVICES;
   (6)  CONTAIN  THE  NAME,  BUSINESS ADDRESS AND TELEPHONE NUMBER OF THE
 CONSULTANT AND THE STREET ADDRESS, IF DIFFERENT, AND FACSIMILE NUMBER OR
 EMAIL ADDRESS OF THE CONSULTANT WHERE COMMUNICATIONS FROM THE DEBTOR MAY
 BE DELIVERED;
   (7) BE DATED AND PERSONALLY SIGNED BY THE BORROWER AND THE  CONSULTANT
 AND BE WITNESSED AND ACKNOWLEDGED BY A NEW YORK NOTARY PUBLIC; AND
   (8)  CONTAIN  THE FOLLOWING NOTICE, WHICH SHALL BE PRINTED IN AT LEAST
 FOURTEEN-POINT BOLDFACE TYPE, COMPLETED WITH THE NAME OF  THE  PROVIDER,
 AND  LOCATED  IN  IMMEDIATE  PROXIMITY  TO  THE  SPACE  RESERVED FOR THE
 DEBTOR'S SIGNATURE:
 "NOTICE REQUIRED BY NEW YORK LAW
 YOU MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION, AT  ANY
 TIME BEFORE MIDNIGHT OF
 ......... (FIFTH BUSINESS DAY AFTER EXECUTION).
 ......... (NAME  OF CONSULTANT) (THE "CONSULTANT") OR ANYONE WORKING FOR
 THE CONSULTANT MAY NOT TAKE ANY MONEY FROM YOU  OR  ASK  YOU  FOR  MONEY
 UNTIL  THE  CONSULTANT  HAS  COMPLETELY  FINISHED  DOING EVERYTHING THIS
 CONTRACT SAYS THE CONSULTANT WILL DO.

 S. 7508--B                         46                         A. 9508--B

 YOU SHOULD CONSIDER CONTACTING YOUR STUDENT LOAN SERVICER BEFORE SIGNING
 ANY LEGAL DOCUMENT CONCERNING YOUR STUDENT LOAN. IN  ADDITION,  YOU  MAY
 WANT  TO  VISIT  THE  NEW  YORK  STATE DEPARTMENT OF FINANCIAL SERVICES'
 STUDENT LENDING RESOURCE CENTER AT WWW.DFS.NY.GOV/STUDENTPROTECTION. THE
 LAW REQUIRES THAT THIS CONTRACT CONTAIN THE ENTIRE AGREEMENT BETWEEN YOU
 AND  THE  PROVIDER.  YOU  SHOULD NOT RELY UPON ANY OTHER WRITTEN OR ORAL
 AGREEMENT OR PROMISE."
 THE PROVIDER SHALL ACCURATELY ENTER THE  DATE  ON  WHICH  THE  RIGHT  TO
 CANCEL ENDS.
   (B)  (1)  THE BORROWER HAS THE RIGHT TO CANCEL, WITHOUT ANY PENALTY OR
 OBLIGATION, ANY CONTRACT WITH A CONSULTANT UNTIL MIDNIGHT OF  THE  FIFTH
 BUSINESS  DAY FOLLOWING THE DAY ON WHICH THE CONSULTANT AND THE BORROWER
 SIGN A CONSULTING CONTRACT. CANCELLATION OCCURS WHEN THE BORROWER, OR  A
 REPRESENTATIVE  OF  THE  BORROWER,  EITHER  DELIVERS  WRITTEN  NOTICE OF
 CANCELLATION IN PERSON  TO  THE  ADDRESS  SPECIFIED  IN  THE  CONSULTING
 CONTRACT OR SENDS A WRITTEN COMMUNICATION BY FACSIMILE, BY UNITED STATES
 MAIL  OR  BY  AN ESTABLISHED COMMERCIAL LETTER DELIVERY SERVICE. A DATED
 PROOF OF FACSIMILE DELIVERY OR PROOF OF MAILING  CREATES  A  PRESUMPTION
 THAT  THE  NOTICE  OF  CANCELLATION  HAS  BEEN DELIVERED ON THE DATE THE
 FACSIMILE IS SENT OR THE NOTICE IS DEPOSITED IN THE  MAIL  OR  WITH  THE
 DELIVERY SERVICE. CANCELLATION OF THE CONTRACT SHALL RELEASE THE BORROW-
 ER  FROM  ALL  OBLIGATIONS  TO PAY FEES OR ANY OTHER COMPENSATION TO THE
 CONSULTANT.
   (2) THE CONTRACT SHALL  BE  ACCOMPANIED  BY  TWO  COPIES  OF  A  FORM,
 CAPTIONED  "NOTICE  OF CANCELLATION" IN AT LEAST TWELVE-POINT BOLD TYPE.
 THIS FORM SHALL BE ATTACHED TO THE CONTRACT, SHALL BE EASILY DETACHABLE,
 AND SHALL CONTAIN THE FOLLOWING STATEMENT WRITTEN IN THE  SAME  LANGUAGE
 AS USED IN THE CONTRACT, AND THE CONTRACTOR SHALL INSERT ACCURATE INFOR-
 MATION AS TO THE DATE ON WHICH THE RIGHT TO CANCEL ENDS AND THE CONTRAC-
 TOR'S CONTACT INFORMATION:
 "NOTICE OF CANCELLATION
 NOTE:  YOU  MAY CANCEL THIS CONTRACT, WITHOUT ANY PENALTY OR OBLIGATION,
 AT ANY TIME BEFORE MIDNIGHT OF (ENTER DATE)
 TO CANCEL THIS CONTRACT, SIGN AND DATE BOTH COPIES OF THIS  CANCELLATION
 NOTICE  AND  PERSONALLY DELIVER ONE COPY OR SEND IT BY FACSIMILE, UNITED
 STATES MAIL, OR AN ESTABLISHED COMMERCIAL LETTER DELIVERY SERVICE, INDI-
 CATING CANCELLATION TO THE CONSULTANT AT ONE OF THE FOLLOWING:
 NAME OF CONSULTANT
 STREET ADDRESS
 CITY, STATE, ZIP
 FACSIMILE:
 I HEREBY CANCEL THIS TRANSACTION.
 NAME OF BORROWER:
 SIGNATURE OF BORROWER:
 DATE:             "
   (3) WITHIN TEN DAYS FOLLOWING RECEIPT  OF  A  NOTICE  OF  CANCELLATION
 GIVEN  IN  ACCORDANCE  WITH THIS SUBSECTION, THE CONSULTANT SHALL RETURN
 ANY ORIGINAL CONTRACT AND ANY OTHER DOCUMENTS SIGNED BY OR  PROVIDED  BY
 THE BORROWER. CANCELLATION SHALL RELEASE THE BORROWER OF ALL OBLIGATIONS
 TO PAY ANY FEES OR COMPENSATION TO THE CONSULTANT.
   §  705.  PENALTIES  AND  OTHER PROVISIONS.   (A) IF THE SUPERINTENDENT
 FINDS, AFTER  NOTICE  AND  HEARING,  THAT  A  CONSULTANT  HAS  KNOWINGLY
 VIOLATED  ANY  PROVISION OF THIS ARTICLE AND THE VIOLATION WAS MATERIAL,
 THE SUPERINTENDENT MAY: (1) MAKE NULL AND VOID ANY AGREEMENT BETWEEN THE
 BORROWER AND THE CONSULTANT; AND (2) IMPOSE A CIVIL PENALTY OF NOT  MORE
 THAN TEN THOUSAND DOLLARS FOR EACH VIOLATION.

 S. 7508--B                         47                         A. 9508--B
 
   (B)  IF  THE CONSULTANT VIOLATES ANY PROVISION OF THIS ARTICLE AND THE
 BORROWER SUFFERS DAMAGE BECAUSE  OF  THE  VIOLATION,  THE  BORROWER  MAY
 RECOVER  ACTUAL  AND CONSEQUENTIAL DAMAGES AND COSTS FROM THE CONSULTANT
 IN AN ACTION BASED ON  THIS  ARTICLE.    IF  THE  CONSULTANT  RECKLESSLY
 VIOLATES  ANY  PROVISION OF THIS ARTICLE, THE COURT MAY AWARD ATTORNEYS'
 FEES AND COSTS.  IF THE CONSULTANT INTENTIONALLY VIOLATES ANY  PROVISION
 OF THIS ARTICLE, THE COURT MAY AWARD TREBLE DAMAGES, ATTORNEYS' FEES AND
 COSTS.
   (C)  ANY PROVISION OF A STUDENT DEBT CONSULTING CONTRACT THAT ATTEMPTS
 OR PURPORTS TO LIMIT THE LIABILITY OF THE CONSULTANT UNDER THIS  ARTICLE
 SHALL  BE NULL AND VOID. INCLUSION OF SUCH PROVISION SHALL AT THE OPTION
 OF THE BORROWER RENDER THE CONTRACT VOID. ANY PROVISION  IN  A  CONTRACT
 WHICH ATTEMPTS OR PURPORTS TO REQUIRE ARBITRATION OF ANY DISPUTE ARISING
 UNDER  THIS  ARTICLE  SHALL  BE  VOID AT THE OPTION OF THE BORROWER. ANY
 WAIVER OF THE PROVISIONS OF THIS ARTICLE SHALL BE VOID AND UNENFORCEABLE
 AS CONTRARY TO PUBLIC POLICY.
   (D) THE PROVISIONS OF THIS ARTICLE ARE NOT EXCLUSIVE AND ARE IN  ADDI-
 TION TO ANY OTHER REQUIREMENTS, RIGHTS, REMEDIES, AND PENALTIES PROVIDED
 BY LAW.
   §  706.  RULES  AND  REGULATIONS.    IN ADDITION TO SUCH POWERS AS MAY
 OTHERWISE BE PRESCRIBED BY THIS CHAPTER, THE  SUPERINTENDENT  IS  HEREBY
 AUTHORIZED AND EMPOWERED TO PROMULGATE SUCH RULES AND REGULATIONS AS MAY
 IN THE JUDGMENT OF THE SUPERINTENDENT BE CONSISTENT WITH THE PURPOSES OF
 THIS  ARTICLE,  OR  APPROPRIATE FOR THE EFFECTIVE ADMINISTRATION OF THIS
 ARTICLE.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.
 
                                  PART NN
 
                           Intentionally Omitted
 
                                  PART OO
 
                           Intentionally Omitted
 
                                  PART PP
 
   Section 1. Article 27 of the environmental conservation law is amended
 by adding a new title 30 to read as follows:
                                  TITLE 30
      EXPANDED POLYSTYRENE FOAM CONTAINER AND POLYSTYRENE LOOSE FILL
                               PACKAGING BAN
 SECTION 27-3001. DEFINITIONS.
         27-3003. EXPANDED POLYSTYRENE  FOAM  CONTAINER  AND  POLYSTYRENE
                    LOOSE FILL PACKAGING BAN.
         27-3005. EXEMPTIONS AND WAIVERS.
         27-3007. PREEMPTION.
         27-3009. SEVERABILITY.
 § 27-3001. DEFINITIONS.
   FOR  THE  PURPOSES  OF  THIS TITLE, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   1. "COVERED FOOD SERVICE PROVIDER" MEANS A PERSON ENGAGED IN THE BUSI-
 NESS OF SELLING OR DISTRIBUTING PREPARED FOOD OR BEVERAGES FOR  ON-PREM-
 ISE  OR  OFF-PREMISE  CONSUMPTION INCLUDING BUT NOT LIMITED TO: (A) FOOD
 SERVICE ESTABLISHMENTS, CATERERS, TEMPORARY FOOD SERVICE ESTABLISHMENTS,

 S. 7508--B                         48                         A. 9508--B
 
 MOBILE FOOD SERVICE ESTABLISHMENTS, AND PUSHCARTS AS DEFINED IN THE  NEW
 YORK  STATE  SANITARY CODE; (B) RETAIL FOOD STORES AS DEFINED IN ARTICLE
 28 OF THE AGRICULTURE AND MARKETS LAW; (C)  DELICATESSENS;  (D)  GROCERY
 STORES;  (E)  RESTAURANTS;  (F) CAFETERIAS; (G) COFFEE SHOPS; (H) HOSPI-
 TALS, ADULT CARE FACILITIES, AND NURSING HOMES; AND (I)  ELEMENTARY  AND
 SECONDARY SCHOOLS, COLLEGES, AND UNIVERSITIES.
   2.  "DISPOSABLE  FOOD  SERVICE  CONTAINER" MEANS A BOWL, CARTON, CLAM-
 SHELL, CUP, LID, PLATE, TRAY, OR ANY OTHER PRODUCT THAT IS  DESIGNED  OR
 USED FOR THE TEMPORARY STORAGE OR TRANSPORT OF A PREPARED FOOD OR BEVER-
 AGE  INCLUDING  A  CONTAINER GENERALLY RECOGNIZED BY THE PUBLIC AS BEING
 DESIGNED FOR SINGLE USE.
   3. "EXPANDED POLYSTYRENE  FOAM"  MEANS  EXPANDED  FOAM  THERMOPLASTICS
 UTILIZING  A  STYRENE MONOMER AND PROCESSED BY ANY NUMBER OF TECHNIQUES.
 SUCH TERM SHALL NOT INCLUDE RIGID POLYSTYRENE.
   4. "MANUFACTURER" MEANS EVERY PERSON, FIRM OR CORPORATION THAT PRODUC-
 ES OR IMPORTS POLYSTYRENE LOOSE FILL PACKAGING THAT IS SOLD, OFFERED FOR
 SALE, OR DISTRIBUTED IN THE STATE.
   5. "POLYSTYRENE LOOSE FILL PACKAGING" MEANS A  VOID-FILLING  PACKAGING
 PRODUCT  MADE  OF  EXPANDED POLYSTYRENE FOAM THAT IS USED AS A PACKAGING
 FILL, COMMONLY REFERRED TO AS PACKING PEANUTS.
   6. "PREPARED FOOD" MEANS FOOD OR BEVERAGES THAT ARE  COOKED,  CHOPPED,
 SLICED,  MIXED,  BREWED, FROZEN, HEATED, SQUEEZED, COMBINED OR OTHERWISE
 PREPARED ON THE PREMISES OF A COVERED FOOD SERVICE PROVIDER FOR  IMMEDI-
 ATE  CONSUMPTION  AND  REQUIRE  NO  FURTHER  PREPARATION TO BE CONSUMED.
 PREPARED FOOD INCLUDES BUT IS NOT LIMITED TO READY TO EAT TAKEOUT  FOODS
 AND BEVERAGES.
   7. "RIGID POLYSTYRENE" MEANS PLASTIC PACKAGING MADE FROM RIGID, POLYS-
 TYRENE RESIN THAT HAS NOT BEEN EXPANDED, EXTRUDED, OR FOAMED.
   8.  "STORE"  MEANS  A  RETAIL  OR WHOLESALE ESTABLISHMENT OTHER THAN A
 COVERED FOOD SERVICE PROVIDER.
 § 27-3003. EXPANDED POLYSTYRENE FOAM  CONTAINER  AND  POLYSTYRENE  LOOSE
              FILL PACKAGING BAN.
   1.  (A)  BEGINNING  JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO COVERED
 FOOD SERVICE PROVIDER OR STORE SHALL SELL, OFFER FOR SALE, OR DISTRIBUTE
 DISPOSABLE FOOD SERVICE CONTAINERS  THAT  CONTAIN  EXPANDED  POLYSTYRENE
 FOAM IN THE STATE.
   (B)  BEGINNING JANUARY FIRST, TWO THOUSAND TWENTY-TWO, NO MANUFACTURER
 OR STORE SHALL SELL, OFFER FOR SALE,  OR  DISTRIBUTE  POLYSTYRENE  LOOSE
 FILL PACKAGING IN THE STATE.
   2. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE ANY OTHER SUCH RULES AND
 REGULATIONS  AS  IT  SHALL DEEM NECESSARY TO IMPLEMENT THE PROVISIONS OF
 THIS TITLE INCLUDING CRITERIA RELATED  TO  WHAT  CONSTITUTES  COMPARABLE
 COSTS PURSUANT TO SUBDIVISION TWO OF SECTION 27-3005 OF THIS TITLE.
 § 27-3005. EXEMPTIONS AND WAIVERS.
   1. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, THIS TITLE SHALL
 NOT APPLY TO:
   (A)  PREPACKAGED  FOOD  FILLED OR SEALED PRIOR TO RECEIPT AT A COVERED
 FOOD SERVICE PROVIDER; OR
   (B) RAW MEAT, PORK, SEAFOOD, POULTRY OR FISH SOLD FOR THE  PURPOSE  OF
 COOKING OR PREPARING OFF-PREMISES BY THE CUSTOMER.
   2.  ANY  FACILITY,  REGARDLESS OF ITS INCOME, INCLUDING SOUP KITCHENS,
 FOOD PANTRIES AND PLACES OF WORSHIP, OPERATED BY A NOT-FOR-PROFIT CORPO-
 RATION OR BY A FEDERAL, STATE, OR LOCAL GOVERNMENT AGENCY THAT  PROVIDES
 FOOD  TO NEEDY INDIVIDUALS AT NO OR NOMINAL CHARGE, AND ANY COVERED FOOD
 SERVICE PROVIDER HAVING AN ANNUAL GROSS INCOME UNDER FIVE HUNDRED  THOU-
 SAND  DOLLARS  PER  LOCATION  AS STATED ON THE INCOME TAX FILING FOR THE

 S. 7508--B                         49                         A. 9508--B
 
 MOST RECENT TAX YEAR  AND  THAT:  (A)  DOES  NOT  OPERATE  TEN  OR  MORE
 LOCATIONS  WITHIN THE STATE; AND (B) IS NOT OPERATED PURSUANT TO A FRAN-
 CHISE AGREEMENT MAY REQUEST FROM THE DEPARTMENT, IN A  MANNER  AND  FORM
 ESTABLISHED  BY  THE  DEPARTMENT,  A  FINANCIAL  HARDSHIP  WAIVER OF THE
 REQUIREMENTS OF SECTION 27-3003 OF THIS TITLE.  SUCH WAIVER REQUEST  MAY
 APPLY  TO  ONE  OR MORE DISPOSABLE FOOD SERVICE CONTAINERS SOLD, OFFERED
 FOR SALE, OR DISTRIBUTED BY ANY SUCH COVERED FOOD SERVICE PROVIDER.  THE
 DEPARTMENT  SHALL  GRANT  A WAIVER IF SUCH COVERED FOOD SERVICE PROVIDER
 DEMONSTRATES THAT THERE IS NO ALTERNATIVE  PRODUCT  OF  COMPARABLE  COST
 THAT  IS NOT COMPOSED OF EXPANDED POLYSTYRENE FOAM AND THAT THE PURCHASE
 OR USE OF AN ALTERNATIVE PRODUCT THAT IS NOT COMPOSED OF EXPANDED POLYS-
 TYRENE FOAM WOULD CREATE AN UNDUE  FINANCIAL  HARDSHIP.  SUCH  FINANCIAL
 HARDSHIP  WAIVER SHALL BE VALID FOR TWELVE MONTHS AND SHALL BE RENEWABLE
 UPON APPLICATION TO THE DEPARTMENT.
 § 27-3007. PREEMPTION.
   1. EXCEPT AS PROVIDED IN SUBDIVISIONS TWO AND THREE OF  THIS  SECTION,
 THIS  TITLE  SHALL  SUPERSEDE  AND PREEMPT ALL LOCAL LAWS, ORDINANCES OR
 REGULATIONS GOVERNING THE SALE,  OFFER  FOR  SALE,  OR  DISTRIBUTION  OF
 DISPOSABLE  FOOD SERVICE CONTAINERS CONTAINING EXPANDED POLYSTYRENE FOAM
 AND POLYSTYRENE LOOSE FILL PACKAGING.
   2. ANY LOCAL LAW, ORDINANCE OR REGULATION OF ANY COUNTY SHALL  NOT  BE
 PREEMPTED  IF  SUCH LOCAL LAW, ORDINANCE OR REGULATION PROVIDES ENVIRON-
 MENTAL PROTECTION EQUAL TO OR GREATER THAN THE PROVISIONS OF THIS  TITLE
 OR ANY RULES OR REGULATIONS PROMULGATED HEREUNDER, AND SUCH COUNTY FILES
 WITH  THE  DEPARTMENT  A WRITTEN DECLARATION OF ITS INTENT TO ADMINISTER
 AND ENFORCE SUCH LOCAL LAW, ORDINANCE OR REGULATION.
   3. THIS TITLE SHALL NOT APPLY IN A  CITY  WITH  A  POPULATION  OF  ONE
 MILLION  OR MORE WHICH HAS A LOCAL LAW, ORDINANCE OR REGULATION IN PLACE
 WHICH RESTRICTS THE SALE, OFFER FOR SALE, OR  DISTRIBUTION  OF  EXPANDED
 POLYSTYRENE CONTAINERS AND POLYSTYRENE LOOSE FILL PACKAGING.
 § 27-3009. SEVERABILITY.
   IF  ANY  CLAUSE,  SENTENCE,  PARAGRAPH,  SECTION OR PART OF THIS TITLE
 SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURISDICTION TO BE  INVALID,
 SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALIDATE THE REMAINDER THER-
 EOF,  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.
   §  2.  The  environmental  conservation law is amended by adding a new
 section 71-2730 to read as follows:
 § 71-2730. ENFORCEMENT OF TITLE 30 OF ARTICLE 27 OF THIS CHAPTER.
   1. ANY PERSON WHO SHALL VIOLATE SECTION 27-3003 OF THIS CHAPTER  SHALL
 BE  LIABLE TO THE STATE OF NEW YORK FOR A CIVIL PENALTY OF NOT MORE THAN
 TWO HUNDRED FIFTY DOLLARS FOR THE FIRST VIOLATION, NOT  MORE  THAN  FIVE
 HUNDRED  DOLLARS FOR THE SECOND VIOLATION IN THE SAME CALENDAR YEAR, AND
 NOT MORE THAN ONE THOUSAND DOLLARS FOR THE  THIRD  AND  EACH  SUBSEQUENT
 VIOLATION  IN  THE  SAME  CALENDAR  YEAR. A HEARING OR OPPORTUNITY TO BE
 HEARD SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY CIVIL PENALTY.
   2. (A) THE DEPARTMENT, THE DEPARTMENT OF AGRICULTURE AND MARKETS,  THE
 DEPARTMENT  OF HEALTH, AND THE ATTORNEY GENERAL ARE HEREBY AUTHORIZED TO
 ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER.
   (B) THE PROVISIONS OF SECTION 27-3003 OF  THIS  CHAPTER  MAY  ALSO  BE
 ENFORCED  BY  A  COUNTY AND THE LOCAL LEGISLATIVE BODY THEREOF MAY ADOPT
 LOCAL LAWS, ORDINANCES OR REGULATIONS CONSISTENT WITH THIS TITLE PROVID-
 ING FOR THE ENFORCEMENT OF SUCH PROVISIONS. PROVIDED THAT A VIOLATION OF
 THIS TITLE MAY NOT BE ENFORCED BY BOTH  THE  STATE  AND  A  COUNTY,  AND
 PROVIDED  FURTHER  THAT  ANY COUNTY THAT HAS FILED A WRITTEN DECLARATION

 S. 7508--B                         50                         A. 9508--B
 
 PURSUANT TO SUBDIVISION TWO OF SECTION 27-3007 OF THIS TITLE  SHALL  NOT
 ENFORCE THE PROVISIONS OF THIS TITLE.
   3. ANY FINES THAT ARE COLLECTED BY THE STATE DURING PROCEEDINGS BY THE
 STATE TO ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS CHAPTER SHALL
 BE  PAID  INTO THE ENVIRONMENTAL PROTECTION FUND ESTABLISHED PURSUANT TO
 SECTION NINETY-TWO-S OF THE FINANCE LAW.
   4. ANY FINES THAT ARE COLLECTED BY A COUNTY DURING PROCEEDINGS BY  THE
 COUNTY TO ENFORCE THE PROVISIONS OF SECTION 27-3003 OF THIS TITLE WITHIN
 THE COUNTY SHALL BE RETAINED BY THE COUNTY.
   §  3.  Subdivision  3  of  section  92-s  of the state finance law, as
 amended by section 4 of part H of chapter 58 of the  laws  of  2019,  is
 amended to read as follows:
   3.  Such  fund shall consist of the amount of revenue collected within
 the state from the amount of revenue, interest and  penalties  deposited
 pursuant  to  section  fourteen  hundred  twenty-one of the tax law, the
 amount of fees and penalties received from easements or leases  pursuant
 to  subdivision fourteen of section seventy-five of the public lands law
 and the money received as annual service  charges  pursuant  to  section
 four  hundred four-n of the vehicle and traffic law, all moneys required
 to be deposited therein from the contingency reserve  fund  pursuant  to
 section  two  hundred  ninety-four of chapter fifty-seven of the laws of
 nineteen hundred ninety-three,  all  moneys  required  to  be  deposited
 pursuant  to  section thirteen of chapter six hundred ten of the laws of
 nineteen hundred ninety-three, repayments  of  loans  made  pursuant  to
 section  54-0511 of the environmental conservation law, all moneys to be
 deposited from the Northville settlement pursuant to section one hundred
 twenty-four of chapter three  hundred  nine  of  the  laws  of  nineteen
 hundred  ninety-six,  provided  however,  that such moneys shall only be
 used for the cost of the purchase of private lands in the core  area  of
 the  central  Suffolk  pine barrens pursuant to a consent order with the
 Northville industries signed on  October  thirteenth,  nineteen  hundred
 ninety-four  and  the related resource restoration and replacement plan,
 the amount of penalties required to  be  deposited  therein  by  section
 71-2724 of the environmental conservation law, all moneys required to be
 deposited  pursuant to article thirty-three of the environmental conser-
 vation law, all fees collected pursuant to subdivision eight of  section
 70-0117  of  the  environmental  conservation  law, all moneys collected
 pursuant to title thirty-three of article fifteen of  the  environmental
 conservation  law,  beginning  with  the fiscal year commencing on April
 first, two thousand thirteen, nineteen million dollars, and  all  fiscal
 years  thereafter,  twenty-three million dollars plus all funds received
 by the state each fiscal year in excess of the  greater  of  the  amount
 received  from  April  first,  two thousand twelve through March thirty-
 first, two thousand thirteen  or  one  hundred  twenty-two  million  two
 hundred thousand dollars, from the payments collected pursuant to subdi-
 vision four of section 27-1012 of the environmental conservation law and
 all  funds  collected  pursuant  to section 27-1015 of the environmental
 conservation law, all  moneys  required  to  be  deposited  pursuant  to
 sections  27-2805 and 27-2807 of the environmental conservation law, ALL
 MONEYS COLLECTED  PURSUANT  TO  SECTION  71-2730  OF  THE  ENVIRONMENTAL
 CONSERVATION  LAW,  and all other moneys credited or transferred thereto
 from any other fund or source pursuant to law. All such revenue shall be
 initially deposited into the environmental protection fund, for applica-
 tion as provided in subdivision five of this section.
   § 4. This act shall take effect  immediately;  provided  however  that
 subdivision  4  of section 71-2730 of the environmental conservation law

 S. 7508--B                         51                         A. 9508--B
 
 as added by section two of this act shall expire and be deemed  repealed
 January 1, 2025.
 
                                  PART QQ
 
   Section  1.  The  restore mother nature bond act is enacted to read as
 follows:
                      ENVIRONMENTAL BOND ACT OF 2020
                          "RESTORE MOTHER NATURE"
 Section 1. Short title.
         2. Creation of state debt.
         3. Bonds of the state.
         4. Use of moneys received.
   § 1. Short title. This act shall be known and  may  be  cited  as  the
 "environmental bond act of 2020 restore mother nature".
   §  2.  Creation of state debt. The creation of state debt in an amount
 not exceeding in the aggregate three billion dollars ($3,000,000,000) is
 hereby authorized to provide moneys for the  single  purpose  of  making
 environmental  improvements  that  preserve,  enhance,  and  restore New
 York's natural resources and reduce the  impact  of  climate  change  by
 funding  capital  projects for: restoration and flood risk reduction not
 less than one billion dollars ($1,000,000,000); open space land  conser-
 vation   and  recreation  up  to  five  hundred  fifty  million  dollars
 ($550,000,000); climate change mitigation up to  seven  hundred  million
 dollars  ($700,000,000);  and,  water  quality improvement and resilient
 infrastructure  not  less  than  five  hundred  fifty  million   dollars
 ($550,000,000).
   §  3.  Bonds  of the state. The state comptroller is hereby authorized
 and empowered to issue and sell bonds of the state up to  the  aggregate
 amount  of  three  billion  dollars ($3,000,000,000) for the purposes of
 this act, subject to the provisions of article 5 of  the  state  finance
 law. The aggregate principal amount of such bonds shall not exceed three
 billion  dollars  ($3,000,000,000)  excluding  bonds issued to refund or
 otherwise repay bonds heretofore  issued  for  such  purpose;  provided,
 however,  that upon any such refunding or repayment, the total aggregate
 principal amount of outstanding bonds may be greater than three  billion
 dollars ($3,000,000,000) only if the present value of the aggregate debt
 service  of  the  refunding  or  repayment  bonds to be issued shall not
 exceed the present value of the aggregate debt service of the  bonds  to
 be refunded or repaid. The method for calculating present value shall be
 determined by law.
   § 4. Use of moneys received. The moneys received by the state from the
 sale  of  bonds  sold pursuant to this act shall be expended pursuant to
 appropriations for capital projects related to  design,  planning,  site
 acquisition,  demolition,  construction,  reconstruction,  and rehabili-
 tation projects specified in section two of this act.
   § 2. This  act  shall  take  effect  immediately,  provided  that  the
 provisions  of  section one of this act shall not take effect unless and
 until this act shall have been submitted to the people  at  the  general
 election  to  be held in November 2020 and shall have been approved by a
 majority of all  votes  cast  for  and  against  it  at  such  election,
 provided,  however,  that  such act shall not be submitted to the people
 unless the director of the division  of  the  budget  certifies  to  the
 secretary  of  state  that  such  debt  can be issued within the state's
 multi-year financial plan without adversely affecting the funding avail-
 able for (a) capital  projects  currently  authorized  that  are  deemed

 S. 7508--B                         52                         A. 9508--B
 
 essential  to  the  health  and  safety  of the public, or (b) essential
 governmental services, and further provided that  if  such  act  is  not
 submitted  to  the people at the general election to be held in November
 2020,  this  act  shall expire and be deemed repealed.  Upon approval by
 the people, section one of this act shall take effect  immediately.  The
 ballots  to  be  furnished for the use of voters upon submission of this
 act shall be in the form prescribed by the election law and the proposi-
 tion or question to be submitted shall be printed thereon in the follow-
 ing form, namely "To address and combat the impact of climate change and
 damage to the environment, the Environmental Bond Act of  2020  "Restore
 Mother  Nature"  authorizes  the sale of state bonds up to three billion
 dollars to fund environmental protection, natural restoration, resilien-
 cy, and clean energy projects. Shall the Environmental Bond Act of  2020
 be approved?".
 
                                  PART RR
 
   Section  1.  The environmental conservation law is amended by adding a
 new article 58 to read as follows:
                                ARTICLE 58
   IMPLEMENTATION OF THE ENVIRONMENTAL BOND ACT OF 2020 "RESTORE MOTHER
                                  NATURE"
 TITLE 1. GENERAL PROVISIONS.
         3. RESTORATION AND FLOOD RISK REDUCTION.
         5. OPEN SPACE LAND CONSERVATION AND RECREATION.
         7. CLIMATE CHANGE MITIGATION.
         9. WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE.
         11. ENVIRONMENTAL JUSTICE AND REPORTING.
 
                                  TITLE 1
                            GENERAL PROVISIONS
 
 SECTION 58-0101. DEFINITIONS.
         58-0103. ALLOCATION OF MONEYS.
         58-0105. POWERS AND DUTIES.
         58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
         58-0109. CONSISTENCY WITH FEDERAL TAX LAWS.
         58-0111. COMPLIANCE WITH OTHER LAW.
 § 58-0101. DEFINITIONS.
   AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
   1. "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO  THE
 ENVIRONMENTAL  BOND  ACT  OF  2020 "RESTORE MOTHER NATURE" IN ACCORDANCE
 WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE  OF
 THE STATE FINANCE LAW.
   2.  "COST"  MEANS  THE  EXPENSE  OF  AN  APPROVED PROJECT, WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO APPRAISAL, SURVEYING, PLANNING,  ENGINEER-
 ING AND ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND
 LEGAL  SERVICES,  SITE  PREPARATION,  DEMOLITION, CONSTRUCTION AND OTHER
 DIRECT EXPENSES INCIDENT TO SUCH PROJECT.
   3. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVA-
 TION.
   4.  "ENDANGERED  OR  THREATENED  SPECIES  PROJECT"  MEANS A PROJECT TO
 RESTORE, RECOVER, OR REINTRODUCE AN ENDANGERED, THREATENED,  OR  SPECIES
 OF  SPECIAL  CONCERN  PURSUANT  TO  A  RECOVERY PLAN OR RESTORATION PLAN
 PREPARED AND ADOPTED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO THE
 STATE'S WILDLIFE ACTION PLAN.

 S. 7508--B                         53                         A. 9508--B
 
   5. "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS A  MINORITY  OR  LOW-INCOME
 COMMUNITY  THAT  MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVI-
 RONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, AND COMMER-
 CIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE,  LOCAL,  AND  TRIBAL
 PROGRAMS AND POLICIES.
   6. "FLOOD RISK REDUCTION PROJECT" MEANS PROJECTS THAT USE NATURE-BASED
 SOLUTIONS  WHERE  POSSIBLE  TO  REDUCE EROSION OR FLOODING, AND PROJECTS
 WHICH MITIGATE OR ADAPT TO FLOOD CONDITIONS.
   7. "GREEN BUILDINGS PROJECT" MEANS (I) INSTALLING, UPGRADING, OR MODI-
 FYING A RENEWABLE ENERGY SOURCE AT A STATE-OWNED  BUILDING  OR  FOR  THE
 PURPOSE  OF  CONVERTING OR CONNECTING A STATE-OWNED BUILDING, OR PORTION
 THEREOF, TO A RENEWABLE ENERGY  SOURCE;  (II)  REDUCING  ENERGY  USE  OR
 IMPROVING  ENERGY  EFFICIENCY OR OCCUPANT HEALTH AT A STATE-OWNED BUILD-
 ING; (III) INSTALLING A GREEN ROOF AT A STATE-OWNED BUILDING;  AND  (IV)
 EMISSION REDUCTION PROJECTS.
   8.  "MUNICIPALITY"  MEANS  A  LOCAL PUBLIC AUTHORITY OR PUBLIC BENEFIT
 CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, SUPERVISORY
 DISTRICT, DISTRICT CORPORATION, IMPROVEMENT DISTRICT  WITHIN  A  COUNTY,
 CITY, TOWN OR VILLAGE, OR INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE
 OR  THE  UNITED  STATES  WITH  A RESERVATION WHOLLY OR PARTLY WITHIN THE
 BOUNDARIES OF NEW YORK STATE, OR ANY COMBINATION THEREOF.
   9. "NATURE-BASED  SOLUTION"  MEANS  PROJECTS  THAT  ARE  SUPPORTED  OR
 INSPIRED  BY NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO
 OFFER ENVIRONMENTAL, ECONOMIC, AND  SOCIAL  BENEFITS,  WHILE  INCREASING
 RESILIENCE.  NATURE-BASED  SOLUTIONS  INCLUDE  BOTH  GREEN  AND  NATURAL
 INFRASTRUCTURE.
   10. "OPEN SPACE LAND CONSERVATION PROJECT" MEANS PURCHASE OF FEE TITLE
 OR CONSERVATION EASEMENTS FOR THE PURPOSE OF PROTECTING LANDS OR  WATERS
 AND/OR  PROVIDING  RECREATIONAL  OPPORTUNITIES  FOR  THE PUBLIC THAT (I)
 POSSESS ECOLOGICAL, HABITAT, RECREATIONAL OR SCENIC VALUES; (II) PROTECT
 THE QUALITY OF A DRINKING WATER SUPPLY; (III) PROVIDE FLOOD  CONTROL  OR
 FLOOD  MITIGATION  VALUES;  (IV) CONSTITUTE A FLOODPLAIN; (V) PROVIDE OR
 HAVE THE POTENTIAL  TO  PROVIDE  IMPORTANT  HABITAT  CONNECTIVITY;  (VI)
 PROVIDE  OPEN  SPACE  FOR  THE USE AND ENJOYMENT OF THE PUBLIC; OR (VII)
 PROVIDE COMMUNITY GARDENS IN URBAN AREAS.
   11. "RECREATIONAL INFRASTRUCTURE PROJECT"  MEANS  THE  DEVELOPMENT  OR
 IMPROVEMENT  OF  STATE AND MUNICIPAL PARKS, CAMPGROUNDS, NATURE CENTERS,
 FISH HATCHERIES, AND INFRASTRUCTURE  ASSOCIATED  WITH  OPEN  SPACE  LAND
 CONSERVATION PROJECTS.
   12. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
 COST  OF  PROJECTS  AUTHORIZED  BY  THIS  ARTICLE  TO PRESERVE, ENHANCE,
 RESTORE AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
   13. "STATE ENTITY"  MEANS  ANY  STATE  DEPARTMENT,  DIVISION,  AGENCY,
 OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION.
   14.  "WATER  QUALITY  IMPROVEMENT  PROJECT"  FOR  THE PURPOSES OF THIS
 TITLE, MEANS PROJECTS DESIGNED TO IMPROVE THE QUALITY  OF  DRINKING  AND
 SURFACE WATERS.
   15. "WETLAND AND STREAM RESTORATION PROJECT" MEANS ACTIVITIES DESIGNED
 TO  RESTORE FRESHWATER AND TIDAL WETLANDS, AND STREAMS OF THE STATE, FOR
 THE PURPOSE OF ENHANCING  HABITAT,  INCREASING  CONNECTIVITY,  IMPROVING
 WATER QUALITY, AND FLOOD RISK REDUCTION.
 § 58-0103. ALLOCATION OF MONEYS.
   THE  MONEYS  RECEIVED  BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE ENVIRONMENTAL BOND ACT OF 2020 SHALL BE DISBURSED IN  THE  FOLLOWING
 AMOUNTS  PURSUANT  TO  APPROPRIATIONS  AS  SPECIFICALLY  PROVIDED FOR IN
 TITLES THREE, FIVE, SEVEN, AND NINE OF THIS ARTICLE:

 S. 7508--B                         54                         A. 9508--B

   1. NOT LESS THAN ONE BILLION DOLLARS ($1,000,000,000) FOR  RESTORATION
 AND FLOOD RISK REDUCTION AS SET FORTH IN TITLE THREE OF THIS ARTICLE.
   2.  UP  TO  FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) FOR OPEN
 SPACE LAND CONSERVATION AND RECREATION AS SET FORTH  IN  TITLE  FIVE  OF
 THIS ARTICLE.
   3.  UP  TO  SEVEN  HUNDRED  MILLION DOLLARS ($700,000,000) FOR CLIMATE
 CHANGE MITIGATION AS SET FORTH IN TITLE SEVEN OF THIS ARTICLE.
   4. NOT LESS THAN FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) FOR
 WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE AS SET  FORTH  IN
 TITLE NINE OF THIS ARTICLE.
 § 58-0105. POWERS AND DUTIES.
   IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE THE DEPARTMENT IS HERE-
 BY AUTHORIZED TO:
   1.  ADMINISTER  FUNDS GENERATED PURSUANT TO THE ENVIRONMENTAL BOND ACT
 OF 2020 "RESTORE MOTHER NATURE".
   2. IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS  ARTICLE,
 CONTRACT  TO  MAKE,  WITHIN  THE LIMITATIONS OF APPROPRIATIONS AVAILABLE
 THEREFOR, STATE  ASSISTANCE  PAYMENTS  TOWARD  THE  COST  OF  A  PROJECT
 APPROVED, AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE.
   3. APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT.
   4.  ENTER  INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION, NOT-FOR-
 PROFIT CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR
 THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE.
   5. PROMULGATE SUCH RULES AND REGULATIONS AND TO DEVELOP SUCH FORMS AND
 PROCEDURES NECESSARY TO  EFFECTUATE  THE  PROVISIONS  OF  THIS  ARTICLE,
 INCLUDING  BUT  NOT  LIMITED  TO REQUIREMENTS FOR THE FORM, CONTENT, AND
 SUBMISSION OF APPLICATIONS BY MUNICIPALITIES FOR STATE FINANCIAL ASSIST-
 ANCE.
   6. DELEGATE TO, OR COOPERATE WITH,  ANY  OTHER  STATE  ENTITY  IN  THE
 ADMINISTRATION OF THIS ARTICLE.
   7.  PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER OR
 DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
 § 58-0107. 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.
   3.  APPLY  FOR  AND  RECEIVE  MONEYS FROM THE STATE FOR THE PURPOSE OF
 ACCOMPLISHING PROJECTS UNDERTAKEN OR TO BE UNDERTAKEN PURSUANT  TO  THIS
 ARTICLE.
   4.  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.
 § 58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
   ALL ACTIONS UNDERTAKEN PURSUANT TO THIS ARTICLE SHALL BE REVIEWED  FOR
 CONSISTENCY  WITH  PROVISIONS  OF  THE FEDERAL INTERNAL REVENUE CODE AND
 REGULATIONS THEREUNDER, IN ACCORDANCE  WITH  PROCEDURES  ESTABLISHED  IN
 CONNECTION  WITH  THE  ISSUANCE OF ANY TAX EXEMPT BONDS PURSUANT TO THIS
 ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS.
 § 58-0111. COMPLIANCE WITH OTHER LAW.
   EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS ARTICLE
 SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS.
                                  TITLE 3
                   RESTORATION AND FLOOD RISK REDUCTION

 S. 7508--B                         55                         A. 9508--B
 
 SECTION 58-0301. ALLOCATION OF MONEYS.
         58-0303.PROGRAMS, PLANS AND PROJECTS.
 § 58-0301. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE  ENVIRONMENTAL  BOND  ACT OF 2020, NOT LESS THAN ONE BILLION DOLLARS
 ($1,000,000,000) SHALL BE AVAILABLE FOR  DISBURSEMENTS  FOR  RESTORATION
 AND  FLOOD RISK REDUCTION PROJECTS DEVELOPED PURSUANT TO SECTION 58-0303
 OF  THIS  TITLE.  NOT  MORE  THAN  TWO  HUNDRED  FIFTY  MILLION  DOLLARS
 ($250,000,000)  OF  THIS AMOUNT SHALL BE AVAILABLE FOR PROJECTS PURSUANT
 TO SUBDIVISION TWO OF SECTION 58-0303 OF THIS TITLE AND  NOT  LESS  THAN
 ONE  HUNDRED  MILLION DOLLARS ($100,000,000) EACH SHALL BE AVAILABLE FOR
 COASTAL REHABILITATION AND SHORELINE RESTORATION PROJECTS  AND  PROJECTS
 WHICH  ADDRESS  INLAND  FLOODING, PURSUANT TO PARAGRAPH A OF SUBDIVISION
 ONE OF SECTION 58-0303 OF THIS TITLE.
 § 58-0303. PROGRAMS, PLANS AND PROJECTS.
   1. ELIGIBLE RESTORATION AND FLOOD RISK REDUCTION PROJECTS INCLUDE, BUT
 ARE NOT LIMITED TO COSTS ASSOCIATED WITH:
   A. (1) PROJECTS IDENTIFIED IN STATE AND REGIONAL MANAGEMENT AND RESTO-
 RATION PROGRAMS AND PLANS INCLUDING BUT NOT LIMITED TO THE  GREAT  LAKES
 ACTION  AGENDA,  MOHAWK  RIVER  BASIN  ACTION AGENDA, OCEAN ACTION PLAN,
 HUDSON RIVER ESTUARY ACTION  AGENDA,  LONG  ISLAND  SOUND  COMPREHENSIVE
 CONSERVATION AND MANAGEMENT PLAN, SOUTH SHORE ESTUARY RESERVE COMPREHEN-
 SIVE  MANAGEMENT  PLAN,  PECONIC  ESTUARY COMPREHENSIVE CONSERVATION AND
 MANAGEMENT PLAN, DELAWARE ACTION PLAN, SUSQUEHANNA ACTION  PLAN,  FOREST
 MANAGEMENT  FRAMEWORK  FOR  NEW YORK CITY AND NEW YORK/NEW JERSEY HARBOR
 ESTUARY PLAN;
   (2) LOCAL WATERFRONT REVITALIZATION PLANS PREPARED PURSUANT TO ARTICLE
 FORTY-TWO OF THE EXECUTIVE LAW; AND
   (3) COASTAL REHABILITATION AND SHORELINE RESTORATION PROJECTS, INCLUD-
 ING NATURE-BASED SOLUTIONS;
   B. FLOOD RISK REDUCTION PROJECTS INCLUDING BUT NOT LIMITED TO:  ACQUI-
 SITION OF REAL PROPERTY; MOVING, LIFTING OR RAISING OF  EXISTING  FLOOD-
 PRONE  INFRASTRUCTURE  OR  STRUCTURES; RELOCATION, REPAIR, OR RAISING OF
 FLOOD-PRONE OR REPEATEDLY FLOODED  ROADWAYS;  AND  PROJECTS  TO  REMOVE,
 ALTER,  OR RIGHT-SIZE DAMS, BRIDGES, AND CULVERTS, BUT SHALL NOT INCLUDE
 ROUTINE CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE AND  MUNICI-
 PALITIES WHICH DOES NOT PROVIDE FLOOD RISK REDUCTION BENEFITS; AND
   C.  RESTORATION  PROJECTS  INCLUDING  BUT NOT LIMITED TO:  FLOODPLAIN,
 WETLAND AND STREAM RESTORATION PROJECTS; FOREST CONSERVATION; ENDANGERED
 AND THREATENED  SPECIES  PROJECTS;  AND  HABITAT  RESTORATION  PROJECTS,
 INCLUDING  ACQUISITION  OF  FEE TITLE AND EASEMENTS, INTENDED TO IMPROVE
 THE LANDS AND WATERS OF THE STATE OF ECOLOGICAL SIGNIFICANCE OR ANY PART
 THEREOF, INCLUDING, BUT NOT LIMITED TO FORESTS, PONDS,  BOGS,  WETLANDS,
 BAYS,  SOUNDS,  STREAMS,  RIVERS,  OR  LAKES  AND SHORELINES THEREOF, TO
 SUPPORT A SPAWNING, NURSERY, WINTERING,  MIGRATORY,  NESTING,  BREEDING,
 FEEDING, OR FORAGING ENVIRONMENT FOR FISH AND WILDLIFE AND OTHER BIOTA.
   2.  THE  COMMISSIONER  AND THE COMMISSIONER OF THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL ARE AUTHORIZED PURSUANT TO PARAGRAPH B OF SUBDIVI-
 SION ONE OF THIS SECTION TO PURCHASE PRIVATE REAL PROPERTY IDENTIFIED AS
 AT-RISK TO FLOODING, FROM WILLING SELLERS. THE COMMISSIONER OF THE DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL SHALL BE AUTHORIZED TO TRANSFER TO
 ANY STATE AGENCY OR PUBLIC AUTHORITY ANY REAL PROPERTY IN ORDER TO CARRY
 OUT THE PURPOSES OF THIS ARTICLE. IN CONNECTION THEREWITH,  THE  HOUSING
 TRUST FUND CORPORATION SHALL BE AUTHORIZED TO CREATE A SUBSIDIARY CORPO-
 RATION  TO CARRY OUT THE PROGRAM AUTHORIZED UNDER THIS SUBDIVISION. SUCH
 SUBSIDIARY CORPORATION SHALL HAVE ALL THE  PRIVILEGES,  IMMUNITIES,  TAX

 S. 7508--B                         56                         A. 9508--B
 
 EXEMPTION  AND OTHER EXEMPTIONS OF THE AGENCY TO THE EXTENT THE SAME ARE
 NOT INCONSISTENT WITH THIS SECTION.
   A.  THE  COMMISSIONER  AND THE COMMISSIONER OF THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL OR ANY OTHER DEPARTMENT OR STATE AGENCY  THAT  HAS
 RECEIVED  FUNDS  SUBALLOCATED  PURSUANT  TO  THIS SECTION MAY ENTER INTO
 AGREEMENTS WITH MUNICIPALITIES, AND NOT-FOR-PROFIT CORPORATIONS FOR  THE
 PURPOSE OF IMPLEMENTING A PROGRAM PURSUANT TO THIS SECTION.
   B.  THE  DEPARTMENT  AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
 SHALL PRIORITIZE PROJECTS IN COMMUNITIES BASED ON  PAST  FLOOD  RISK  OR
 THOSE  THAT  PARTICIPATE  IN  THE  FEDERAL EMERGENCY MANAGEMENT AGENCY'S
 (FEMA) COMMUNITY RATING SYSTEM.
   C. ANY STATE AGENCY  OR  AUTHORITY,  MUNICIPALITY,  OR  NOT-FOR-PROFIT
 CORPORATION PURCHASING PRIVATE REAL PROPERTY MAY EXPEND COSTS ASSOCIATED
 WITH:
   (1)  THE  ACQUISITION  OF REAL PROPERTY, BASED UPON THE PRE-FLOOD FAIR
 MARKET VALUE OF THE SUBJECT PROPERTY;
   (2) THE DEMOLITION AND REMOVAL OF STRUCTURES AND/OR INFRASTRUCTURE  ON
 THE PROPERTY; AND
   (3) THE RESTORATION OF NATURAL RESOURCES TO FACILITATE BENEFICIAL OPEN
 SPACE, FLOOD MITIGATION, AND/OR SHORELINE STABILIZATION.
   D. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY STRUCTURE
 WHICH  IS  LOCATED  ON  REAL PROPERTY PURCHASED PURSUANT TO THIS PROGRAM
 SHALL BE DEMOLISHED OR REMOVED, PROVIDED THAT IT DOES NOT SERVE A USE OR
 PURPOSE CONSISTENT WITH PARAGRAPH F OF THIS SUBDIVISION.
   E. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY
 PURCHASED WITH FUNDING PURSUANT TO THIS PROGRAM SHALL BE PROPERTY OF THE
 STATE, MUNICIPALITY, OR A NOT-FOR-PROFIT CORPORATION.
   F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY
 PURCHASED WITH FUNDING PURSUANT TO THIS PROGRAM SHALL  BE  RESTORED  AND
 MAINTAINED  IN  PERPETUITY  IN A MANNER THAT, AIMS TO INCREASE ECOSYSTEM
 FUNCTION, PROVIDE ADDITIONAL FLOOD  DAMAGE  MITIGATION  FOR  SURROUNDING
 PROPERTIES, PROTECT WILDLIFE HABITAT, AND WHEREVER PRACTICABLE AND SAFE,
 ALLOW  FOR  PASSIVE  AND/OR  RECREATIONAL COMMUNITY USE. MUNICIPAL FLOOD
 MITIGATION PLANS, RESILIENCE, WATERFRONT REVITALIZATION PLANS OR  HAZARD
 MITIGATION  PLANS,  WHEN  APPLICABLE, SHALL BE CONSULTED TO IDENTIFY THE
 APPROPRIATE RESTORATION AND END-USE OF THE PROPERTY.
   G. ALL OR A PORTION OF  THE  APPROPRIATION  IN  THIS  SECTION  MAY  BE
 PROVIDED  TO  THE  DEPARTMENT  OR  THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL OR SUBALLOCATED TO ANY OTHER DEPARTMENT, STATE AGENCY  OR  STATE
 AUTHORITY.
   H.  PRIVATE  REAL  PROPERTY  IDENTIFIED  AS AT-RISK TO FLOODING SHOULD
 GENERALLY BE LIMITED TO THOSE: (1) IDENTIFIED AS BEING  WITHIN  THE  ONE
 HUNDRED-YEAR  FLOODPLAIN  ON  THE MOST RECENT FEMA FLOOD INSURANCE MAPS;
 (2) FLOODED STRUCTURES THAT WOULD  QUALIFY  FOR  BUYOUT  UNDER  CRITERIA
 GENERALLY APPLICABLE TO FEMA POST-EMERGENCY ACQUISITIONS; (3) STRUCTURES
 IDENTIFIED  IN  A  STATE,  FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY AS
 SUITABLE FOR THE LOCATION  OF  A  FLOOD  RISK  MANAGEMENT  OR  ABATEMENT
 PROJECT  IN  AREAS IMMEDIATELY PROXIMATE TO INLAND OR COASTAL WATERWAYS;
 OR (4) STRUCTURES LOCATED IN COASTAL OR RIPARIAN AREAS  THAT  HAVE  BEEN
 DETERMINED  BY  A  STATE,  FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY TO
 SIGNIFICANTLY EXACERBATE FLOODING IN OTHER LOCATIONS.
   3. THE DEPARTMENT, THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRES-
 ERVATION AND THE DEPARTMENT OF STATE ARE  AUTHORIZED  TO  PROVIDE  STATE
 ASSISTANCE  PAYMENTS  OR  GRANTS  TO  MUNICIPALITIES  AND NOT-FOR-PROFIT
 CORPORATIONS AND UNDERTAKE PROJECTS PURSUANT TO PARAGRAPH A OF  SUBDIVI-
 SION ONE OF THIS SECTION.

 S. 7508--B                         57                         A. 9508--B
 
   4.  THE  DEPARTMENT  AND THE OFFICE OF PARKS, RECREATION, AND HISTORIC
 PRESERVATION ARE AUTHORIZED TO  PROVIDE  STATE  ASSISTANCE  PAYMENTS  OR
 GRANTS  TO  MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS AND UNDERTAKE
 PROJECTS PURSUANT TO PARAGRAPH B OF SUBDIVISION  ONE  OF  THIS  SECTION.
 CULVERT AND BRIDGE PROJECTS SHALL BE IN COMPLIANCE WITH THE DEPARTMENT'S
 STREAM CROSSING GUIDELINES AND BEST MANAGEMENT PRACTICES, AND ENGINEERED
 FOR  STRUCTURAL  INTEGRITY AND APPROPRIATE HYDRAULIC CAPACITY INCLUDING,
 WHERE AVAILABLE, PROJECTS FLOWS BASED ON FLOOD  MODELING  THAT  INCORPO-
 RATES   CLIMATE   CHANGE  PROJECTIONS  AND  SHALL  NOT  INCLUDE  ROUTINE
 CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE OR MUNICIPALITIES.
   5. THE DEPARTMENT AND THE OFFICE OF PARKS,  RECREATION,  AND  HISTORIC
 PRESERVATION  ARE  AUTHORIZED  TO  PROVIDE  STATE ASSISTANCE PAYMENTS OR
 GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS  AND  UNDERTAKE
 PROJECTS PURSUANT TO PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION.
   6.  PROVIDED  THAT  FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
 UNDER PARAGRAPHS B AND C OF SUBDIVISION ONE OF THIS SECTION,  THE  RELE-
 VANT  AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION
 ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID-
 ING FOR A THIRTY-DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION  POST  SUCH
 ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE.
                                  TITLE 5
                OPEN SPACE LAND CONSERVATION AND RECREATION
 SECTION 58-0501. ALLOCATION OF MONEYS.
         58-0503. PROGRAMS, PLANS AND PROJECTS.
 § 58-0501. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE  ENVIRONMENTAL  BOND  ACT  OF  2020  TO  BE USED FOR OPEN SPACE LAND
 CONSERVATION AND RECREATION PROJECTS, UP TO FIVE HUNDRED  FIFTY  MILLION
 DOLLARS  ($550,000,000)  SHALL  BE  AVAILABLE  FOR  PROGRAMS, PLANS, AND
 PROJECTS DEVELOPED PURSUANT TO SECTION 58-0503 OF THIS  TITLE,  HOWEVER,
 NOT  MORE  THAN SEVENTY-FIVE MILLION DOLLARS ($75,000,000) SHALL BE MADE
 AVAILABLE FOR THE CREATION OF  A  FISH  HATCHERY,  OR  THE  IMPROVEMENT,
 EXPANSION,  REPAIR  OR MAINTENANCE OF EXISTING FISH HATCHERIES, NOT LESS
 THAN TWO HUNDRED MILLION DOLLARS ($200,000,000) SHALL BE MADE  AVAILABLE
 FOR  OPEN  SPACE  LAND  CONSERVATION PROJECTS PURSUANT TO PARAGRAPH A OF
 SUBDIVISION ONE OF SECTION 58-0503 OF THIS TITLE AND NOT LESS  THAN  ONE
 HUNDRED MILLION DOLLARS ($100,000,000) SHALL BE MADE AVAILABLE FOR FARM-
 LAND  PROTECTION  PURSUANT  TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION
 58-0503 OF THIS TITLE.
 § 58-0503. PROGRAMS, PLANS AND PROJECTS.
   1. ELIGIBLE OPEN  SPACE  WORKING  LANDS  CONSERVATION  AND  RECREATION
 PROJECTS INCLUDE, BUT ARE NOT LIMITED TO:
   A. COSTS ASSOCIATED WITH OPEN SPACE LAND CONSERVATION PROJECTS;
   B.  COSTS ASSOCIATED WITH PURCHASING CONSERVATION EASEMENTS TO PROTECT
 FARMLAND PURSUANT TO ARTICLE  TWENTY-FIVE-AAA  OF  THE  AGRICULTURE  AND
 MARKETS LAW; AND
   C. COSTS ASSOCIATED WITH RECREATIONAL INFRASTRUCTURE PROJECTS.
   2.  THE  DEPARTMENT  OR  THE  OFFICE OF PARKS, RECREATION AND HISTORIC
 PRESERVATION ARE AUTHORIZED TO UNDERTAKE OPEN  SPACE  LAND  CONSERVATION
 PROJECTS,  IN  COOPERATION  WITH WILLING SELLERS PURSUANT TO SUBDIVISION
 ONE OF THIS SECTION AND MAY ENTER INTO AN AGREEMENT FOR PURCHASE OF REAL
 PROPERTY OR CONSERVATION EASEMENTS ON REAL PROPERTY BY A MUNICIPALITY OR
 A NOT-FOR-PROFIT CORPORATION. ANY  SUCH  AGREEMENT  SHALL  CONTAIN  SUCH
 PROVISIONS AS SHALL BE NECESSARY TO ENSURE THAT THE PURCHASE IS CONSIST-
 ENT  WITH, AND IN FURTHERANCE OF, THIS TITLE AND SHALL BE SUBJECT TO THE
 APPROVAL OF THE COMPTROLLER AND, AS TO FORM, THE  ATTORNEY  GENERAL.  IN

 S. 7508--B                         58                         A. 9508--B
 
 UNDERTAKING  SUCH  PROJECTS, SUCH COMMISSIONERS SHALL CONSIDER THE STATE
 LAND ACQUISITION PLAN PREPARED PURSUANT TO SECTION 49-0207 OF THIS CHAP-
 TER. FURTHER, THE DEPARTMENT OR THE  OFFICE  OF  PARKS,  RECREATION  AND
 HISTORIC   PRESERVATION  ARE  AUTHORIZED  TO  PROVIDE  STATE  ASSISTANCE
 PAYMENTS TO MUNICIPALITIES FOR ELIGIBLE PROJECTS CONSISTENT  WITH  PARA-
 GRAPHS A AND C OF SUBDIVISION ONE OF THIS SECTION.
   3.  THE  COST OF AN OPEN SPACE LAND CONSERVATION PROJECT SHALL INCLUDE
 THE COST OF PREPARING A MANAGEMENT PLAN FOR THE PRESERVATION AND BENEFI-
 CIAL PUBLIC ENJOYMENT OF THE LAND  ACQUIRED  PURSUANT  TO  THIS  SECTION
 EXCEPT  WHERE  SUCH  A  MANAGEMENT  PLAN ALREADY EXISTS FOR THE ACQUIRED
 LAND.
   4. THE DEPARTMENT AND THE DEPARTMENT OF AGRICULTURE  AND  MARKETS  ARE
 AUTHORIZED  TO  PROVIDE,  PURSUANT  TO PARAGRAPH B OF SUBDIVISION ONE OF
 THIS SECTION, FARMLAND  PRESERVATION  IMPLEMENTATION  GRANTS  TO  COUNTY
 AGRICULTURAL  AND FARMLAND PROTECTION BOARDS PURSUANT TO ARTICLE TWENTY-
 FIVE-AAA OF THE AGRICULTURE AND MARKETS LAW, OR TO MUNICIPALITIES,  SOIL
 AND  WATER  CONSERVATION  DISTRICTS  OR  NOT-FOR-PROFIT CORPORATIONS FOR
 IMPLEMENTATION OF PROJECTS.
   5. THE DEPARTMENT IS AUTHORIZED TO EXPEND MONEYS  TO  PURCHASE  EQUIP-
 MENT, DEVICES, AND OTHER NECESSARY MATERIALS AND TO ACQUIRE FEE TITLE OR
 CONSERVATION  EASEMENTS  IN LANDS FOR MONITORING, RESTORATION, RECOVERY,
 OR REINTRODUCTION PROJECTS FOR SPECIES LISTED AS ENDANGERED  OR  THREAT-
 ENED  OR  LISTED  AS  A  SPECIES  OF SPECIAL CONCERN PURSUANT TO SECTION
 11-0535 OF THIS CHAPTER.
   6. THE DEPARTMENT OR THE OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC
 PRESERVATION  ARE  AUTHORIZED TO EXPEND MONEYS FOR THE PLANNING, DESIGN,
 AND CONSTRUCTION OF PROJECTS TO DEVELOP AND IMPROVE PARKS,  CAMPGROUNDS,
 NATURE CENTERS, FISH HATCHERIES, AND OTHER RECREATIONAL FACILITIES.
   7.  THE COMMISSIONER AND A NOT-FOR-PROFIT CORPORATION MAY ENTER INTO A
 CONTRACT FOR THE UNDERTAKING BY THE  NOT-FOR-PROFIT  CORPORATION  OF  AN
 OPEN SPACE LAND ACQUISITION PROJECT.
   8.  REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR REHABILI-
 TATED BY OR THROUGH A MUNICIPALITY PURSUANT TO PARAGRAPH A  OF  SUBDIVI-
 SION ONE OF THIS SECTION OR UNDERTAKEN BY OR ON BEHALF OF A MUNICIPALITY
 WITH  FUNDS  MADE  AVAILABLE  PURSUANT  TO THIS TITLE SHALL NOT BE SOLD,
 LEASED, EXCHANGED, DONATED OR OTHERWISE DISPOSED OF OR  USED  FOR  OTHER
 THAN PUBLIC PARK PURPOSES WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF THE
 LEGISLATURE,  WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS OF
 EQUAL ENVIRONMENTAL VALUE AND FAIR MARKET VALUE  AND  REASONABLY  EQUIV-
 ALENT  USEFULNESS  AND  LOCATION  TO  THOSE  TO BE DISCONTINUED, SOLD OR
 DISPOSED OF, AND SUCH OTHER REQUIREMENTS AS SHALL  BE  APPROVED  BY  THE
 COMMISSIONER.
   9.  PROVIDED  THAT  FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
 UNDER PARAGRAPHS A AND B OF SUBDIVISION ONE OF THIS SECTION,  THE  RELE-
 VANT  AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION
 ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID-
 ING FOR A THIRTY DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION  POST  SUCH
 ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE.
                                  TITLE 7
                         CLIMATE CHANGE MITIGATION
 SECTION 58-0701. ALLOCATION OF MONEYS.
         58-0703. PROGRAMS, PLANS AND PROJECTS.
 § 58-0701. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE  ENVIRONMENTAL BOND ACT OF 2020, UP TO SEVEN HUNDRED MILLION DOLLARS
 ($700,000,000) SHALL BE MADE AVAILABLE  FOR  DISBURSEMENTS  FOR  CLIMATE

 S. 7508--B                         59                         A. 9508--B

 CHANGE MITIGATION PROJECTS DEVELOPED PURSUANT TO SECTION 58-0703 OF THIS
 TITLE.  NOT LESS THAN THREE HUNDRED FIFTY MILLION DOLLARS ($350,000,000)
 OF THIS AMOUNT SHALL BE AVAILABLE FOR GREEN BUILDINGS PROJECTS.
 § 58-0703. PROGRAMS, PLANS AND PROJECTS.
   1.  ELIGIBLE  CLIMATE  CHANGE MITIGATION PROJECTS INCLUDE, BUT ARE NOT
 LIMITED TO:
   A. COSTS  ASSOCIATED  WITH  GREEN  BUILDING  PROJECTS,  PROJECTS  THAT
 INCREASE  ENERGY  EFFICIENCY OR THE USE OR SITING OF RENEWABLE ENERGY ON
 STATE-OWNED BUILDINGS OR PROPERTIES INCLUDING  BUILDINGS  OWNED  BY  THE
 STATE  UNIVERSITY OF THE STATE OF NEW YORK, CITY UNIVERSITY OF THE STATE
 OF NEW YORK, AND COMMUNITY COLLEGES;
   B. COSTS ASSOCIATED WITH PROJECTS THAT  UTILIZE  NATURAL  AND  WORKING
 LANDS  TO  SEQUESTER CARBON AND MITIGATE METHANE EMISSIONS FROM AGRICUL-
 TURAL  SOURCES,  SUCH  AS  MANURE  STORAGE  THROUGH  COVER  AND  METHANE
 REDUCTION TECHNOLOGIES;
   C.  COSTS  ASSOCIATED  WITH  IMPLEMENTING CLIMATE ADAPTATION AND MITI-
 GATION PROJECTS PURSUANT TO SECTION 54-1523 OF THIS CHAPTER;
   D. COSTS ASSOCIATED WITH URBAN FORESTRY PROJECTS SUCH  AS  FOREST  AND
 HABITAT  RESTORATION,  FOR PURCHASE AND PLANTING OF STREET TREES AND FOR
 PROJECTS TO EXPAND  THE  EXISTING  TREE  CANOPY  AND  BOLSTER  COMMUNITY
 HEALTH;
   E.  COSTS  ASSOCIATED  WITH  PROJECTS  THAT  REDUCE  URBAN HEAT ISLAND
 EFFECT, SUCH AS INSTALLATION OF  GREEN  ROOFS,  OPEN  SPACE  PROTECTION,
 COMMUNITY  GARDENS,  COOL  PAVEMENT  PROJECTS,  PROJECTS  THAT CREATE OR
 UPGRADE COMMUNITY COOLING CENTERS, AND THE  INSTALLATION  OF  REFLECTIVE
 ROOFS WHERE INSTALLATION OF GREEN ROOFS IS NOT POSSIBLE;
   F. COSTS ASSOCIATED WITH PROJECTS TO REDUCE OR ELIMINATE AIR POLLUTION
 FROM STATIONARY OR MOBILE SOURCES OF AIR POLLUTION AFFECTING AN ENVIRON-
 MENTAL JUSTICE COMMUNITY; AND
   G.  COSTS  ASSOCIATED  WITH  PROJECTS  WHICH WOULD REDUCE OR ELIMINATE
 WATER POLLUTION, WHETHER FROM POINT OR NON-POINT  DISCHARGES,  AFFECTING
 AN ENVIRONMENTAL JUSTICE COMMUNITY.
   2.  THE  DEPARTMENT,  THE  DEPARTMENT  OF AGRICULTURE AND MARKETS, THE
 OFFICE OF PARKS, RECREATION AND  HISTORIC  PRESERVATION,  THE  NEW  YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE OFFICE OF GENER-
 AL  SERVICES  ARE  AUTHORIZED  TO  PROVIDE  STATE ASSISTANCE PAYMENTS OR
 GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT  CORPORATIONS  OR  UNDERTAKE
 PROJECTS PURSUANT TO THIS SECTION.
   3.  PROVIDED  THAT  FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
 UNDER THIS SECTION, THE  RELEVANT  AGENCIES  SHALL  DEVELOP  ELIGIBILITY
 GUIDELINES AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE IN THE ENVI-
 RONMENTAL  NOTICE  BULLETIN  PROVIDING  FOR  A THIRTY-DAY PUBLIC COMMENT
 PERIOD AND UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON  THE  RELE-
 VANT AGENCY'S WEBSITE.
                                  TITLE 9
          WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE
 SECTION 58-0901. ALLOCATION OF MONEYS.
         58-0903. PROGRAMS, PLANS AND PROJECTS.
 § 58-0901. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE  ENVIRONMENTAL  BOND ACT OF 2020 FOR DISBURSEMENTS FOR STATE ASSIST-
 ANCE FOR WATER QUALITY IMPROVEMENT PROJECTS AS DEFINED BY TITLE  ONE  OF
 THIS   ARTICLE,  NOT  LESS  THAN  FIVE  HUNDRED  FIFTY  MILLION  DOLLARS
 ($550,000,000) SHALL BE AVAILABLE FOR WATER QUALITY IMPROVEMENT PROJECTS
 DEVELOPED PURSUANT TO SECTION 58-0903 OF THIS TITLE. NOT LESS  THAN  TWO
 HUNDRED MILLION DOLLARS ($200,000,000) OF THIS AMOUNT SHALL BE AVAILABLE

 S. 7508--B                         60                         A. 9508--B
 
 FOR  WASTEWATER  INFRASTRUCTURE  PROJECTS UNDERTAKEN PURSUANT TO THE NEW
 YORK STATE WATER INFRASTRUCTURE IMPROVEMENT  ACT  OF  2017  PURSUANT  TO
 PARAGRAPH E OF SUBDIVISION ONE OF SECTION 58-0903 OF THIS TITLE, AND NOT
 LESS  THAN ONE HUNDRED MILLION DOLLARS ($100,000,000) SHALL BE AVAILABLE
 FOR MUNICIPAL STORMWATER PROJECTS PURSUANT TO PARAGRAPH A OF SUBDIVISION
 ONE OF SECTION 58-0903 OF THIS TITLE.
 § 58-0903. PROGRAMS, PLANS AND PROJECTS.
   1. ELIGIBLE WATER QUALITY IMPROVEMENT PROJECT COSTS INCLUDE,  BUT  ARE
 NOT LIMITED TO:
   A.  COSTS  ASSOCIATED  WITH GRANTS TO MUNICIPALITIES FOR PROJECTS THAT
 REDUCE OR CONTROL STORM WATER RUNOFF, USING GREEN  INFRASTRUCTURE  WHERE
 PRACTICABLE;
   B.  COSTS  ASSOCIATED  WITH PROJECTS THAT REDUCE AGRICULTURAL NUTRIENT
 RUNOFF AND PROMOTE SOIL HEALTH SUCH AS PROJECTS WHICH IMPLEMENT  COMPRE-
 HENSIVE  NUTRIENT  MANAGEMENT PLANS, OTHER AGRICULTURAL NUTRIENT MANAGE-
 MENT PROJECTS, AND  NON-POINT  SOURCE  ABATEMENT  AND  CONTROL  PROGRAMS
 INCLUDING  PROJECTS DEVELOPED PURSUANT TO SECTIONS ELEVEN-A AND ELEVEN-B
 OF THE SOIL AND WATER CONSERVATION DISTRICTS;
   C. COSTS ASSOCIATED WITH PROJECTS THAT ADDRESS  HARMFUL  ALGAL  BLOOMS
 SUCH  AS  ABATEMENT PROJECTS AND PROJECTS FOCUSED ON ADDRESSING NUTRIENT
 REDUCTION IN FRESHWATER AND  MARINE  WATERS,  WASTEWATER  INFRASTRUCTURE
 SYSTEMS THAT TREAT NITROGEN AND PHOSPHORUS, AND LAKE TREATMENT SYSTEMS;
   D.  COSTS ASSOCIATED WITH WASTEWATER INFRASTRUCTURE PROJECTS INCLUDING
 BUT NOT LIMITED TO EXTENDING OR  ESTABLISHING  SEWER  LINES  TO  REPLACE
 FAILING  SEPTIC SYSTEMS OR CESSPOOLS AND PROJECTS AS PROVIDED BY SECTION
 TWELVE HUNDRED EIGHTY-FIVE-U OF THE PUBLIC AUTHORITIES LAW;
   E. COSTS ASSOCIATED WITH PROJECTS TO REDUCE, AVOID OR ELIMINATE  POINT
 AND  NON-POINT  SOURCE DISCHARGES TO WATER INCLUDING PROJECTS AUTHORIZED
 BY THE NEW YORK STATE WATER IMPROVEMENT INFRASTRUCTURE ACT OF  2017  AND
 SECTION TWELVE HUNDRED EIGHTY-FIVE-S OF THE PUBLIC AUTHORITIES LAW;
   F.  COSTS  ASSOCIATED  WITH  THE  ESTABLISHMENT OF RIPARIAN BUFFERS TO
 PROVIDE DISTANCE BETWEEN FARM FIELDS AND STREAMS OR ABATE EROSION DURING
 HIGH FLOW EVENTS; AND
   G. COSTS ASSOCIATED WITH LEAD SERVICE  LINE  REPLACEMENT  PURSUANT  TO
 SECTION ELEVEN HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW.
   2.  THE  DEPARTMENT  AND  THE  NEW YORK STATE ENVIRONMENTAL FACILITIES
 CORPORATION ARE AUTHORIZED  TO  PROVIDE  STATE  ASSISTANCE  PAYMENTS  OR
 GRANTS  TO MUNICIPALITIES FOR PROJECTS AUTHORIZED PURSUANT TO PARAGRAPHS
 A, B, AND D OF SUBDIVISION ONE OF THIS SECTION.
   3. THE DEPARTMENT OF AGRICULTURE AND MARKETS SHALL  BE  AUTHORIZED  TO
 MAKE  STATE ASSISTANCE PAYMENTS TO SOIL AND WATER CONSERVATION DISTRICTS
 FOR THE  COST  OF  IMPLEMENTING  AGRICULTURAL  ENVIRONMENTAL  MANAGEMENT
 PLANS, INCLUDING PURCHASE OF EQUIPMENT FOR MEASURING AND MONITORING SOIL
 HEALTH AND SOIL CONDITIONS.
   4.  THE  DEPARTMENT IS AUTHORIZED TO MAKE GRANTS AVAILABLE TO NOT-FOR-
 PROFITS AND ACADEMIC INSTITUTIONS FOR PARAGRAPHS B, C, AND F OF SUBDIVI-
 SION ONE OF THIS SECTION, AND MAKE STATE ASSISTANCE PAYMENTS TO  MUNICI-
 PALITIES AND UNDERTAKE PROJECTS PURSUANT TO THIS SECTION.
   5. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING OF
 THIS SECTION, THE RELEVANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES
 AND  POST  INFORMATION  ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL
 NOTICE BULLETIN PROVIDING FOR A THIRTY-DAY  PUBLIC  COMMENT  PERIOD  AND
 UPON  ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S
 WEBSITE.
                                 TITLE 11
                    ENVIRONMENTAL JUSTICE AND REPORTING

 S. 7508--B                         61                         A. 9508--B
 
 SECTION 58-1101. BENEFITS OF FUNDS.
         58-1103. REPORTING.
 § 58-1101. BENEFITS OF FUNDS.
   THE  DEPARTMENT  SHALL  MAKE  EVERY  EFFORT PRACTICABLE TO ENSURE THAT
 THIRTY-FIVE PERCENT OF THE FUNDS PURSUANT TO THIS ARTICLE BENEFIT  ENVI-
 RONMENTAL JUSTICE COMMUNITIES.
 § 58-1103. REPORTING.
   1.  NO  LATER  THAN  SIXTY DAYS FOLLOWING THE END OF EACH FISCAL YEAR,
 EACH DEPARTMENT, AGENCY, PUBLIC BENEFIT CORPORATION, AND PUBLIC AUTHORI-
 TY RECEIVING AN ALLOCATION OR ALLOCATIONS OF APPROPRIATION FINANCED FROM
 THE RESTORE MOTHER NATURE ENVIRONMENTAL BOND ACT OF 2020 SHALL SUBMIT TO
 THE COMMISSIONER IN A MANNER AND FORM PRESCRIBED BY THE DEPARTMENT,  THE
 FOLLOWING  INFORMATION  AS  OF  MARCH  THIRTY-FIRST OF SUCH FISCAL YEAR,
 WITHIN EACH CATEGORY LISTED IN THIS TITLE:    THE  TOTAL  APPROPRIATION;
 TOTAL  COMMITMENTS;  YEAR-TO-DATE  DISBURSEMENTS;  REMAINING UNCOMMITTED
 BALANCES; AND A DESCRIPTION OF EACH PROJECT.
   2. NO LATER THAN ONE HUNDRED TWENTY DAYS FOLLOWING  THE  END  OF  EACH
 FISCAL  YEAR, THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY A  REPORT  THAT
 INCLUDES  THE INFORMATION RECEIVED. A COPY OF THE REPORT SHALL BE POSTED
 ON THE DEPARTMENT'S WEBSITE.
   § 2. The state finance law is amended by adding a new section  97-tttt
 to read as follows:
   §  97-TTTT. RESTORE MOTHER NATURE BOND FUND. 1. THERE IS HEREBY ESTAB-
 LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
 ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE  "RESTORE
 MOTHER NATURE BOND FUND".
   2.  THE STATE COMPTROLLER SHALL DEPOSIT INTO THE RESTORE MOTHER NATURE
 BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR
 NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR  OF  THE  ENVIRONMENTAL
 BOND ACT OF 2020 "RESTORE MOTHER NATURE".
   3.  MONEYS IN THE RESTORE MOTHER NATURE BOND FUND, FOLLOWING APPROPRI-
 ATION BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF  THE  BUDGET,
 SHALL  BE  AVAILABLE  ONLY  FOR  REIMBURSEMENT OF EXPENDITURES MADE FROM
 APPROPRIATIONS FROM THE CAPITAL PROJECTS FUND FOR  THE  PURPOSE  OF  THE
 RESTORE  MOTHER NATURE BOND FUND, AS SET FORTH IN THE ENVIRONMENTAL BOND
 ACT OF 2020 "RESTORE MOTHER NATURE".
   4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
 SOLD PURSUANT TO THE ENVIRONMENTAL BOND  ACT  OF  2020  "RESTORE  MOTHER
 NATURE" SHALL BE EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN
 ALLOCATED  PURSUANT  TO THE PROVISIONS OF THIS SECTION AND COPIES OF THE
 APPROPRIATE CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE  SENATE
 FINANCE  COMMITTEE,  THE  CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE
 AND THE STATE COMPTROLLER.
   § 3. Section 61 of the state finance law is amended by  adding  a  new
 subdivision 32 to read as follows:
   32. THIRTY YEARS. FOR THE PAYMENT OF "RESTORE MOTHER NATURE" PROJECTS,
 AS  DEFINED IN ARTICLE FIFTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW
 AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY,
 ENACTING AND CONSTITUTING THE ENVIRONMENTAL BOND ACT  OF  2020  "RESTORE
 MOTHER  NATURE".    THIRTY YEARS FOR FLOOD CONTROL INFRASTRUCTURE, OTHER
 ENVIRONMENTAL INFRASTRUCTURE, WETLAND  AND  OTHER  HABITAT  RESTORATION,
 WATER  QUALITY  PROJECTS,  ACQUISITION OF LAND, INCLUDING ACQUISITION OF
 REAL PROPERTY, AND RENEWABLE ENERGY PROJECTS. NOTWITHSTANDING THE  FORE-
 GOING,  FOR  THE  PURPOSES OF CALCULATING ANNUAL DEBT SERVICE, THE STATE
 COMPTROLLER SHALL APPLY A WEIGHTED AVERAGE PERIOD OF  PROBABLE  LIFE  OF

 S. 7508--B                         62                         A. 9508--B
 
 RESTORE MOTHER NATURE PROJECTS, INCLUDING ANY OTHER WORKS OR PURPOSES TO
 BE  FINANCED  WITH  STATE DEBT. WEIGHTED AVERAGE PERIOD OF PROBABLE LIFE
 SHALL BE DETERMINED BY COMPUTING THE SUM OF THE  PRODUCTS  DERIVED  FROM
 MULTIPLYING  THE  DOLLAR VALUE OF THE PORTION OF THE DEBT CONTRACTED FOR
 EACH WORK OR PURPOSE (OR CLASS OF WORKS OR  PURPOSES)  BY  THE  PROBABLE
 LIFE  OF SUCH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES) AND DIVID-
 ING THE RESULTING SUM BY THE DOLLAR  VALUE  OF  THE  ENTIRE  DEBT  AFTER
 TAKING INTO CONSIDERATION ANY ORIGINAL ISSUE PREMIUM OR DISCOUNT.
   §  4.  If any clause, sentence, paragraph, 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 ther-
 eof,  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.
   §  5.  This  act shall take effect only in the event that section 1 of
 part QQ of the chapter of the laws of 2020  enacting  the  environmental
 bond  act  of 2020 "restore mother nature" is submitted to the people at
 the general election to be held in November 2020 and is  approved  by  a
 majority  of  all  votes  cast for and against it at such election. Upon
 such approval, this act shall take effect immediately; provided that the
 commissioner of environmental conservation shall notify the  legislative
 bill drafting commission upon the occurrence of the enactment of section
 1  of  part  QQ of the chapter of the laws of 2020 enacting the environ-
 mental bond act of 2020 "restore  mother  nature",  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. Effective immediately, the
 addition, amendment, and/or repeal of any rule or  regulation  necessary
 for the implementation of the foregoing sections of this act are author-
 ized  and  directed to be made and completed on or before such effective
 date.
 
                                  PART SS
 
                           Intentionally Omitted
 
                                  PART TT
 
                           Intentionally Omitted
 
                                  PART UU
 
   Section 1. This act enacts into law components  of  legislation  which
 are  necessary to implement legislation relating to the Bay Park Convey-
 ance Project.  Each component is wholly contained within a Subpart iden-
 tified as Subparts A through C. The effective date for  each  particular
 provision contained within such Subpart is set forth in the last section
 of  such  Subpart.    Any  provision  in  any section contained within a
 Subpart, including the effective date of  the  Subpart,  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  corre-
 sponding  section  of the Subpart in which it is found. Section three of
 this act sets forth the general effective date of this act.
 
                                 SUBPART A

 S. 7508--B                         63                         A. 9508--B
 
   Section 1. Subject to the  provisions  of  this  act,  the  county  of
 Nassau,  acting by and through the county legislature of such county, is
 hereby authorized to (a) discontinue permanently the use as parkland the
 subsurface lands described in sections four, five, seven, eight, ten and
 eleven  of  this act and establish permanent easements on such lands for
 the purpose of constructing,  operating,  maintaining  and  repairing  a
 subsurface  sewer main, and (b) discontinue temporarily the use as park-
 land the lands described in sections three, six and nine of this act and
 establish  temporary  easements  on  such  lands  for  the  purpose   of
 constructing  a  subsurface  sewer main. Authorization for the temporary
 easements described in sections three, six, and nine of this  act  shall
 cease  upon  the  completion  of the construction of such sewer main, at
 which time the department of environmental  conservation  shall  restore
 the  surface of the parklands disturbed and the parklands shall continue
 to be used for park purposes as they were prior to the establishment  of
 such  temporary  easements.  Authorization  for  the permanent easements
 described in sections four, five, seven, eight, ten and eleven  of  this
 act  shall  require  that  the  department of environmental conservation
 restore the surface of the parklands disturbed and the  parklands  shall
 continue  to  be used for park purposes as they were prior to the estab-
 lishment of the permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only upon the condition that the county of Nassau dedicate an
 amount equal to or greater than the fair market value of  the  parklands
 being  discontinued  to  the acquisition of new parklands and/or capital
 improvements to existing park and recreational facilities.
   § 3. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon  erected,  situate,  lying and being located at Bay Park,
 Town of Hempstead, County of Nassau and State of  New  York  being  more
 particularly  bounded  and described as follows: beginning at a point on
 the northerly line of the Nassau County Sewage Treatment Plant property,
 said Point of Beginning being  South  68°00'  East,  as  measured  along
 northerly  line  of said sewage treatment plant, 543 feet plus or minus,
 from the intersection of the northerly line Nassau County Sewage  Treat-
 ment  Plant  with  the  westerly  side of Compton Street; running thence
 South 68°00' East, along the northerly line  of  said  sewage  treatment
 plant, 247 feet plus or minus; thence South 07°04' West 196 feet plus or
 minus;  thence  North  78°37'  West  33 feet plus or minus; thence North
 06°10' East 105 feet plus or minus; thence North  30°53'  West  56  feet
 plus  or  minus; thence North 64°27' West 190 feet plus or minus; thence
 North 20°21' East 49 feet plus or minus, to the northerly  line  of  the
 Nassau  County  Sewage  Treatment  Plant,  at  the  Point  of Beginning.
 Containing within said bounds 19,700 square  feet  plus  or  minus.  The
 above  described temporary easement is for the construction of a thirty-
 foot diameter access shaft. The location of said access  shaft  is  more
 particularly  described  in  section four of this act. Said parcel being
 part of property designated as Section: 42 Block: A Lots: 50, 57 on  the
 Nassau County Land and Tax Map.
   §  4.  PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-

 S. 7508--B                         64                         A. 9508--B
 
 stead,  County  of  Nassau and State of New York being more particularly
 bounded and described as follows: a circular easement with a  radius  of
 15 feet, the center of said circle being the following three (3) courses
 from  the intersection of the northerly line of the Nassau County Sewage
 Treatment Plant with the westerly side of Compton Street: running thence
 South 68°00' East, along the northerly line  of  said  sewage  treatment
 plant,  581  feet plus or minus to the centerline of the permanent ease-
 ment for a force main described in section  five  of  this  act;  thence
 South  21°34' West, along said centerline, 17 feet plus or minus; thence
 South 14°28' West, continuing along said centerline, 1,439 feet plus  or
 minus, to the center of the herein described circular easement. Contain-
 ing  within  said  bound  707 square feet plus or minus.  Said permanent
 easement is for an access shaft that extends from  the  surface  of  the
 ground  to  an  approximate  depth  of  70  feet.  Any permanent surface
 improvements for cathodic protection, if necessary, would be flush  with
 the  ground  surface  or  integrated  into site landscaping. Said parcel
 being part of property designated as Section: 42 Block: A Lots:  50,  57
 on the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located at Bay  Park,  Town  of  Hemp-
 stead, County of Nassau and State of New York being a 20-foot wide strip
 of land more particularly bounded and described as follows: beginning at
 a  point  on  the  northerly  line of the Nassau County Sewage Treatment
 Plant property, said Point of Beginning  being  South  68°00'  East,  as
 measured  along  northerly line of said sewage treatment plant, 571 feet
 plus or minus, from the intersection of the northerly line Nassau County
 Sewage Treatment Plant with the westerly side of Compton Street; running
 thence South 68°00' East, along the northerly line of said sewage treat-
 ment plant, 20 feet plus or minus; thence South 21°34' West 17 feet plus
 or minus; thence South 14°28' West 1,463  feet  plus  or  minus;  thence
 North  75°32' West 20 feet plus or minus; thence North 14°28' East 1,464
 feet plus or minus; thence North 21°34' East 18 feet plus or  minus,  to
 the  northerly  line of the Nassau County Sewage Treatment Plant, at the
 Point of Beginning. Containing within said bounds  29,600  square  feet.
 The above described permanent easement is for the construction and oper-
 ation  of  a  six-foot diameter force main at a minimum depth of fifteen
 feet below the ground surface. Said parcel being part of property desig-
 nated as Section: 42 Block: A Lots: 50, 57 on the Nassau County Land and
 Tax Map.
   § 6. TEMPORARY EASEMENT - Force main shaft construction area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northwesterly line of the herein described temporary easement for
 the  force  main  shaft construction area, said Point of Beginning being
 more particularly described as commencing at  the  intersection  of  the
 southerly  side of Sunrise Highway Street with the southeasterly side of
 Lakeview Road; running thence southerly along the southeasterly side  of
 Lakeview Road 243 feet plus or minus, to the centerline of the permanent
 subsurface  easement  for  force main described in section eight of this

 S. 7508--B                         65                         A. 9508--B
 
 act; thence South 60°06' East, along said centerline, 25  feet  plus  or
 minus, to the northwesterly line of the temporary easement for the force
 main shaft construction area, at the Point of Beginning.  Running thence
 North  39°06'  East  111 feet plus or minus; thence South 55°47' East 70
 feet plus or minus; thence South 38°42' West 240  feet  plus  or  minus;
 thence North 54°11' West 72 feet plus or minus; thence North 39°06' East
 127  feet  plus  or minus, to the Point of Beginning.  Containing within
 said bounds 16,900 square feet plus or minus. The above described tempo-
 rary easement is for the construction of a thirty-foot  diameter  access
 shaft.  The location of said access shaft is more particularly described
 in section seven of this act.  Said parcel being part of property desig-
 nated as Section: 56 Block: Y Lot: 259 on the Nassau County Land and Tax
 Map.
   § 7. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate, lying and being located at Hamlet of Wantagh, Town of
 Hempstead, County of Nassau and State of New York being more particular-
 ly bounded and described as follows: a circular easement with  a  radius
 of 15 feet, the center of said circle being the following two (2) cours-
 es  from  the intersection of the southerly side of Sunrise Highway with
 the southeasterly side of Lakeview Road: Southerly along the  southeast-
 erly  side of Lakeview Road 243 feet plus or minus, to the centerline of
 the permanent subsurface easement for force main, described  in  section
 eight  of  this  act;  South 60°06' East, along said centerline, 51 feet
 plus or minus, to the center of the herein described circular  easement.
 Containing  within said bounds a surface area of 707 square feet plus or
 minus. Said permanent easement is for an access shaft that extends  from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent  surface  improvements for cathodic protection, if necessary, would
 be flush with the ground surface or integrated  into  site  landscaping.
 Said  parcel  being  part of property designated as Section: 56 Block: Y
 Lot: 259 on the Nassau County Land and Tax Map.
   § 8. PERMANENT SUBSURFACE EASEMENT - Force  main.  Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of  Hempstead,  County  of  Nassau and State of New York being a 20-foot
 wide strip of land more particularly bounded and described  as  follows:
 beginning  at  a  point on the southeasterly side of Lakeview Road, said
 Point of Beginning being southwesterly 222 feet plus or minus, as  meas-
 ured along the southeasterly side of Lakeview Road from the intersection
 of  the southerly side of Sunrise Highway with the southeasterly side of
 Lakeview Road; thence South 60°06' East 49 feet plus  or  minus;  thence
 South  32°15' East 1,759 feet plus or minus; thence South 16°16' West 53
 feet plus or minus; thence North 32°15' West 1,785 feet plus  or  minus;
 thence  North  60°06'  West  53 feet plus or minus, to the southeasterly
 side of Lakeview Road; thence North 48°13' East, along the southeasterly
 side of Lakeview Road, 42 feet plus or minus, to the Point of Beginning.
 Containing within said bounds 72,900 square  feet  plus  or  minus.  The
 above described permanent easement is for the construction and operation
 of  a  six-foot  diameter  force main at a minimum depth of fifteen feet
 below the ground surface. Said parcel being part of property  designated
 as Section: 56 Block: Y Lots: 259 on the Nassau County Land and Tax Map.

 S. 7508--B                         66                         A. 9508--B

   §  9.  TEMPORARY EASEMENT - Force main shaft construction area.  Park-
 land upon and under which a temporary easement may be established pursu-
 ant to subdivision (b) of section one of this act is  described  as  all
 that  certain  plot, piece or parcel of land with buildings and improve-
 ments thereon erected, situate, lying and being located at the hamlet of
 Wantagh, Town of Hempstead, County of Nassau and State of New York being
 more particularly bounded and described as follows: beginning at a point
 on the northerly line of the herein described temporary easement for the
 force  main  shaft construction area, said Point of Beginning being more
 particularly described as commencing at the intersection of the souther-
 ly side of Byron Street with  the  easterly  side  of  Wantagh  Parkway;
 running  thence southerly along the easterly side of Wantagh Parkway 319
 feet plus or minus, to the centerline of the permanent subsurface  ease-
 ment  for  force  main,  described in section eleven of this act; thence
 South 19°15' East, along said centerline, 257 feet plus or minus, to the
 northerly line of the  temporary  easement  for  the  force  main  shaft
 construction  area,  at  the  Point  of  Beginning. Running thence North
 87°25' East 122 feet plus or minus; thence south  33°56'  East  68  feet
 plus  or  minus;  thence South 04°43' East 54 feet plus or minus; thence
 South 86°38' West 78 feet plus or minus; thence  South  02°20'  East  83
 feet  plus  or  minus;  thence South 47°04' West 103 feet plus or minus;
 thence South 86°22' West 28 feet plus or minus; thence North 08°39' West
 264 feet plus or minus; thence North 87°25' East 53 feet plus or  minus,
 to  the Point of Beginning.  Containing within said bounds 36,500 square
 feet plus or minus. The above described temporary easement  is  for  the
 construction  of  a  thirty-foot  diameter access shaft. The location of
 said access shaft is more particularly described in section ten of  this
 act. Said parcel being part of property designated as Section: 63 Block:
 261  Lots:  765G,  818A  (Part of Cedar Creek Park) on the Nassau County
 Land and Tax Map.
   § 10. PERMANENT SUBSURFACE EASEMENT - Access shaft. Parkland upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate, lying and being located at Hamlet of Wantagh, Town of
 Hempstead, County of Nassau and State of New York being more particular-
 ly bounded and described as follows: a circular easement with  a  radius
 of 15 feet, the center of said circle being the following two (2) cours-
 es  from the intersection of the southerly side of Byron Street with the
 easterly side of Wantagh Parkway: Southerly along the easterly  side  of
 Wantagh  Parkway 319 feet plus or minus, to the centerline of the perma-
 nent subsurface easement for force main, described in section eleven  of
 this act; thence South 19°15' East, along said centerline, 315 feet plus
 or  minus,  to  the  center  of  the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section: 63 Block:  261
 Lots:  765G,  818A  (Part of Cedar Creek Park) on the Nassau County Land
 and Tax Map.
   § 11. PERMANENT SUBSURFACE EASEMENT - Force main.  Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon

 S. 7508--B                         67                         A. 9508--B
 
 erected, situate, lying and being located at the Hamlet of Wantagh, Town
 of  Hempstead,  County  of  Nassau and State of New York being a 20-foot
 wide strip of land more particularly bounded and described  as  follows:
 beginning at a point on the easterly side of Wantagh Parkway, said Point
 of  Beginning  being southerly 285 feet plus or minus, as measured along
 the easterly side of Wantagh Parkway from the intersection of the south-
 erly side of Byron Street with the easterly  side  of  Wantagh  Parkway;
 running  thence  South  19°15' East 349 feet plus or minus; thence South
 02°17' East 1,882 feet plus or minus; thence  South  09°25'  East  1,202
 feet  plus  or  minus;  thence  South 80°35' West 20 feet plus or minus;
 thence North 09°25' West 1,203 feet plus or minus; thence  North  02°17'
 West 1,880 feet plus or minus; thence North 19°15' West 281 feet plus or
 minus,  to  the  easterly  side  of Wantagh Parkway; thence North 02°09'
 West, along the easterly side of Wantagh Parkway, 68 feet plus or minus,
 to the Point of Beginning. Containing within said bounds  68,000  square
 feet  plus  or  minus. The above described permanent easement is for the
 construction and operation of a six-foot diameter force main at a  mini-
 mum  depth  of  fifteen feet below the ground surface. Said parcel being
 part of property designated as Section: 63 Block: 261 Lots:  765G,  818A
 (Part of Cedar Creek Park) on the Nassau County Land and Tax Map.
   § 12. Should the lands described in sections four, five, seven, eight,
 ten  and  eleven of this act cease to be used for the purposes described
 in section one of this act, the permanent easements established pursuant
 to section one of this act shall cease and such lands shall be  restored
 and dedicated as parklands.
   §  13.  In  the  event  that the county of Nassau received any funding
 support or assistance from the  federal  government  for  the  purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through  eleven  of  this act, the discontinuance and alienation of such
 parklands authorized by the provisions of this act shall not occur until
 the county of Nassau has complied with any applicable  federal  require-
 ments pertaining to the alienation or conversion of parklands, including
 satisfying  the secretary of the interior that the alienation or conver-
 sion complies with all conditions which the secretary  of  the  interior
 deems  necessary  to  assure  the  substitution  of other lands shall be
 equivalent in fair market value and usefulness to the lands being alien-
 ated or converted.
   § 14. This act shall take effect immediately.

                                 SUBPART B
 
   Section 1. Subject to the provisions of this act, the village of  East
 Rockaway,  in  the  county  of Nassau, acting by and through the village
 board of such village, is hereby authorized to  (a)  discontinue  perma-
 nently  the  use  as parkland the subsurface lands described in sections
 four and five of this act and to grant permanent easements on such lands
 to the State of New  York  or  county  of  Nassau  for  the  purpose  of
 constructing,  operating,  maintaining  and repairing a subsurface sewer
 main, and (b) discontinue temporarily the  use  as  parkland  the  lands
 described  in section three of this act and grant temporary easements on
 such lands to the county of Nassau for the  purpose  of  constructing  a
 subsurface  sewer  main.    Authorization  for  the  temporary  easement
 described in section three of this act shall cease upon  the  completion
 of  the  construction of the sewer main, at which time the department of
 environmental conservation shall restore the surface  of  the  parklands
 disturbed  and the parklands shall continue to be used for park purposes

 S. 7508--B                         68                         A. 9508--B
 
 as they were prior to the grant of the temporary easement. Authorization
 for the permanent easements described in sections four and five of  this
 act  shall  require  that  the  department of environmental conservation
 restore  the  surface of the parklands disturbed and the parklands shall
 continue to be used for park purposes as they were prior to  the  estab-
 lishment of the permanent easements.
   §  2.  The  authorization provided in section one of this act shall be
 effective only upon the condition that  the  village  of  East  Rockaway
 dedicate an amount equal to or greater than the fair market value of the
 parklands  being discontinued to the acquisition of new parklands and/or
 capital improvements to existing park and recreational facilities.
   § 3. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land  upon  and under which a temporary easement may be granted pursuant
 to subdivision (b) of section one of this act is described  as  follows:
 all  that  certain  plot,  piece  or  parcel  of land with buildings and
 improvements thereon erected, situate, lying and being located at Incor-
 porated Village of East Rockaway, and the Hamlet of Oceanside,  Town  of
 Hempstead, County of Nassau and State of New York being more particular-
 ly  bounded  and  described  as  follows:    beginning at a point on the
 westerly line of the herein described temporary easement for  the  force
 main shaft construction area, said Point of Beginning being more partic-
 ularly  described as commencing at the intersection of the northeasterly
 side of Long Island Railroad right-of-way  with  the  easterly  side  of
 Ocean  Avenue; running thence North 12°34' East, along the easterly side
 of Ocean Avenue, 92 feet plus or minus, to the northerly line of proper-
 ty designated as Section 38 Block E Lot 14, on the  Nassau  County  Land
 and Tax Map; thence South 74°46' East, partly along said northerly line,
 206  feet plus or minus, to the westerly line of the temporary easement,
 at the Point of Beginning. Running thence North 15°34' East 49 feet plus
 or minus; thence South 67°33' East 238 feet plus or minus; thence  South
 07°07'  West  31  feet  plus or minus; thence South 86°06' West 161 feet
 plus or minus; thence South 64°59' West 117 feet plus or  minus;  thence
 North  15°34'  East  140  feet plus or minus, to the Point of Beginning.
 Containing within said bounds 23,000 square  feet  plus  or  minus.  The
 above  described temporary easement is for the construction of a thirty-
 foot diameter access shaft. The location of said access  shaft  is  more
 particularly  described  in  section four of this act. Said parcel being
 part of property designated as Section: 38, Block: E, Lots: 12, 14, 21A,
 21B on the Nassau County Land and Tax Map.
   § 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland  upon  and
 under  which a permanent easement may be granted pursuant to subdivision
 (a) of section one of this act is described as all  that  certain  plot,
 piece or parcel of land with buildings and improvements thereon erected,
 situate,  lying and being located at Incorporated Village of East Rocka-
 way, and the Hamlet of Oceanside, Town of Hempstead,  County  of  Nassau
 and  State  of New York being more particularly bounded and described as
 follows: a circular easement with a radius of 15  feet,  the  center  of
 said  circle being the following three (3) courses from the intersection
 of the northeasterly side of Long Island Railroad right-of-way with  the
 easterly  side  of  Ocean  Avenue; North 12°34' East, along the easterly
 side of Ocean Avenue, 92 feet plus or minus, to the  northerly  line  of
 property  designated  as  Section 38 Block E Lot 14 on the Nassau County
 Land and Tax Map; South 74°46' East, partly  along  the  said  northerly
 line,  333 feet plus or minus, to the centerline of the subsurface ease-
 ment for force main described in section five of this act; thence  South
 19°04' West, along said centerline, 16 feet plus or minus, to the center

 S. 7508--B                         69                         A. 9508--B
 
 of the herein described circular easement. Containing within said bounds
 a surface area of 707 square feet plus or minus. Said permanent easement
 is for an access shaft that extends from the surface of the ground to an
 approximate  depth  of  70  feet. Any permanent surface improvements for
 cathodic protection, if  necessary,  would  be  flush  with  the  ground
 surface  or  integrated into site landscaping. Said parcel being part of
 property designated as Section: 38, Block: E, Lots: 12, 14, 21A, 21B  on
 the Nassau County Land and Tax Map.
   §  5.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be granted pursuant to  subdivision
 (a)  of  section  one of this act is described as all that certain plot,
 piece or parcel of land with buildings and improvements thereon erected,
 situate, lying and being located at Incorporated Village of East  Rocka-
 way, and the Hamlet of Oceanside, County of Nassau and State of New York
 being  a  20-foot  wide  strip  of  land  more  particularly bounded and
 described as follows: beginning at a point on the westerly line  of  the
 herein  described permanent subsurface easement, said Point of Beginning
 being more particularly described as commencing at the  intersection  of
 the  northeasterly  side  of  Long Island Railroad right-of-way with the
 easterly side of Ocean Avenue; running thence North 12°34'  East,  along
 the  easterly side of Ocean Avenue, 92 feet plus or minus, to the north-
 erly line of property designated as Section 38 Block E  Lot  14  on  the
 Nassau  County  Land and Tax Map; thence South 74°46' East, partly along
 the said northerly line, 323 feet plus or minus, to the westerly line of
 the permanent easement, at the Point of Beginning.  Running thence North
 19°04' East 73 feet plus or minus, to the  northerly  line  of  property
 designated  as  Section 38 Block E Lot 21A on the Nassau County Land and
 Tax Map; thence South 60°10' East, along said northerly  line,  20  feet
 plus  or  minus;  thence South 19°04' West 82 feet plus or minus; thence
 South 15°40' East 116 feet plus or minus, to the south line of  property
 designated  as  Section 38 Block E Lot 21A on the Nassau County Land and
 Tax Map; thence North 88°09' West 21 feet plus or  minus;  thence  North
 15°40'  West  116  feet  plus or minus; thence North 19°04' East 19 feet
 plus or minus, to the Point of Beginning. Containing within said  bounds
 4,100  square feet plus or minus. The above described permanent easement
 is for the construction and operation of a six-foot diameter force  main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being  part  of  property designated as Section: 38, Block: E, Lots: 12,
 14, 21A, 21B on the Nassau County Land and Tax Map.
   § 6. Should the lands described in sections four and five of this  act
 cease  to be used for the purposes described in section one of this act,
 the permanent easements established pursuant to section one of this  act
 shall cease and such lands shall be restored and dedicated as parklands.
   § 7. In the event that the village of East Rockaway received any fund-
 ing  support or assistance from the federal government for the purchase,
 maintenance, or improvement of the parklands set forth in sections three
 through five of this act, the  discontinuance  and  alienation  of  such
 parklands authorized by the provisions of this act shall not occur until
 the  village  of  East Rockaway has complied with any applicable federal
 requirements pertaining to the alienation or  conversion  of  parklands,
 including  satisfying  the secretary of the interior that the alienation
 or conversion complies with all conditions which the  secretary  of  the
 interior deems necessary to assure the substitution of other lands shall
 be  equivalent  in  fair  market value and usefulness to the lands being
 alienated or converted.
   § 8. This act shall take effect immediately.

 S. 7508--B                         70                         A. 9508--B
 
                                 SUBPART C
 
   Section 1. Subject to the provisions of this act, the village of Rock-
 ville Centre, in the county of Nassau, acting by and through the village
 board  of  such  village, is hereby authorized to (a) discontinue perma-
 nently the use as parkland the subsurface lands  described  in  sections
 three, four and six of this act and to grant permanent easements on such
 lands  to  the  State of New York or county of Nassau for the purpose of
 constructing, operating, maintaining and repairing  a  subsurface  sewer
 main,  and  (b)  discontinue  temporarily  the use as parkland the lands
 described in sections five and seven of this  act  and  grant  temporary
 easements  on  such  lands  to  the  county of Nassau for the purpose of
 constructing a subsurface sewer main.  Authorization for  the  temporary
 easements  described  in sections five and seven of this act shall cease
 upon the completion of the construction of the sewer main, at which time
 the department of environmental conservation shall restore  the  surface
 of  the  parklands disturbed and the parklands shall continue to be used
 for park purposes as they were prior to the grant of the temporary ease-
 ments. Authorization for the permanent easements described  in  sections
 three,  four  and  six  of this act shall require that the department of
 environmental  conservation  restore  the  surface  of   the   parklands
 disturbed  and the parklands shall continue to be used for park purposes
 as they were prior to the establishment of the permanent easements.
   § 2. The authorization provided in section one of this  act  shall  be
 effective  only  upon the condition that the village of Rockville Centre
 dedicate an amount equal to or greater than the fair market value of the
 parklands being discontinued to the acquisition of new parklands  and/or
 capital improvements to existing park and recreational facilities.
   §  3.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 East Rockaway, and the Incorporated Village of Rockville Centre, Town of
 Hempstead,  County of Nassau and State of New York, being a 20-foot wide
 strip of land more particularly bounded and described  as  follows:  the
 Point  of  Beginning  being at the intersection of the northerly side of
 Mill River Avenue with the easterly  side  of  Riverside  Road;  running
 thence northerly along the easterly side of Riverside Road 346 feet plus
 or minus; thence South 13°01' West 346 feet plus or minus, to the north-
 erly side of Mill River Avenue; thence westerly along the northerly side
 of  Mill  River  Avenue,  17 feet plus or minus, to the easterly side of
 Riverside Road, at the Point of Beginning. Containing within said bounds
 3,100 square feet plus or minus. The above described permanent  easement
 is  for the construction and operation of a six-foot diameter force main
 at a minimum depth of fifteen feet below the ground surface. Said parcel
 being part of property designated as Section: 38 Block: 136 Lots: 231 on
 the Nassau County Land and Tax Map.
   § 4. PERMANENT SUBSURFACE EASEMENT - Access Shaft. Parkland  upon  and
 under which a permanent easement may be established pursuant to subdivi-
 sion  (a)  of  section  one of this act is described as all that certain
 plot, piece or parcel of land with buildings  and  improvements  thereon
 erected,  situate,  lying  and  being located at Incorporated Village of
 Rockville Centre, Incorporated Village of East  Rockaway,  and  Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of  New York being more particularly bounded and described as a circular

 S. 7508--B                         71                         A. 9508--B
 
 easement with a radius of 15 feet, the center of said circle  being  the
 following two (2) courses from the intersection of the northerly side of
 Park  Avenue  with  the easterly side of Oxford Road: Easterly along the
 northerly side of Park Avenue, 203 feet plus or minus, to the centerline
 of the permanent subsurface easement for force main described in section
 six of this act; North 13°01' East, along said centerline, 953 feet plus
 or  minus,  to  the  center  of  the herein described circular easement.
 Containing within said bounds a surface area of 707 square feet plus  or
 minus.  Said permanent easement is for an access shaft that extends from
 the surface of the ground to an approximate depth of 70 feet. Any perma-
 nent surface improvements for cathodic protection, if  necessary,  would
 be  flush  with  the ground surface or integrated into site landscaping.
 Said parcel being part of property designated as Section:  38  Block:  F
 Lots:  39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A, 50B, 50C on
 the Nassau County Land and Tax Map.
   § 5. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon erected, situate, lying and being located at Incorporated
 Village of Rockville Centre, Incorporated Village of East Rockaway,  and
 Incorporated  Village  of  Lynbrook, Town of Hempstead, County of Nassau
 and State of New York being more particularly bounded and  described  as
 follows:  Beginning  at  a  point  on  the  southerly side of the herein
 described temporary easement for the force main shaft construction area,
 said Point of Beginning being more particularly described as  commencing
 at  the intersection of the northerly side of Park Avenue with the east-
 erly side of Oxford Road; running thence easterly  along  the  northerly
 side  of  Park  Avenue, 203 feet plus or minus, to the centerline of the
 permanent subsurface easement for force main described in section six of
 this act; thence North 13°01' East, along said centerline, 920 feet plus
 or minus, to the southerly line of the temporary easement, at the  Point
 of  Beginning.  Running thence North 76°19' West 136 feet plus or minus,
 to the easterly terminus  of  Merton  Avenue  (unopened);  thence  North
 76°19' West, through the unopened part of Merton Avenue, 48 feet plus or
 minus;  thence North 14°49' East 5' feet plus or minus, to the northerly
 side of Merton Avenue; thence North 14°49' East 27' feet plus or  minus;
 thence South 76°29' East 66 feet plus or minus; thence North 36°47' East
 61  feet plus or minus; thence North 78°41' East 145 feet plus or minus;
 thence South 65°54' East 46 feet plus or minus; thence South 29°39' West
 147 feet plus or minus; thence North 76°19' West 42 feet plus or  minus,
 to  the  Point of Beginning. Containing within said bounds 22,800 square
 feet plus or minus. The above described temporary easement  is  for  the
 construction  of  a  thirty-foot  diameter access shaft. The location of
 said access shaft is more particularly described in section four of this
 act. Said parcel being part of property designated as Section: 38 Block:
 F Lots: 39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,  50B,  50C
 on the Nassau County Land and Tax Map.
   §  6.  PERMANENT  SUBSURFACE  EASEMENT - Force Main. Parkland upon and
 under which a permanent easement may be established pursuant to subdivi-
 sion (a) of section one of this act is described  as  all  that  certain
 plot,  piece  or  parcel of land with buildings and improvements thereon
 erected, situate, lying and being located  at  Incorporated  Village  of
 Rockville  Centre,  Incorporated  Village of East Rockaway, and Incorpo-
 rated Village of Lynbrook, Town of Hempstead, County of Nassau and State
 of New York being a 20-foot wide strip of land more particularly bounded

 S. 7508--B                         72                         A. 9508--B
 
 and described as follows:  beginning at a point on the northerly side of
 Park Avenue, said Point of Beginning 193 feet plus or minus easterly, as
 measured along the northerly side of Park Avenue from  the  intersection
 of  the  northerly  side of Park Avenue with the easterly side of Oxford
 Road; running thence North 13°01' East 956 feet plus  or  minus;  thence
 North  44°00'  East 446 feet plus or minus, to the northeasterly line of
 property designated as Section 38 Block F Lot 50F, on the Nassau  County
 Land  and  Tax  Map;  thence South 53°10' East, along said northeasterly
 line, 20 feet plus or minus; thence South 44°00' West 443 feet  plus  or
 minus; thence South 13°01' West 950 feet plus or minus, to the northerly
 side  of  Park  Avenue;  thence  North 79°36' West, along said northerly
 side, 20 feet plus or minus to the Point of Beginning; containing within
 said bounds 28,000 square feet plus or minus. The above described perma-
 nent easement is for the construction and operation of a six-foot  diam-
 eter  force  main  at  a  minimum depth of fifteen feet below the ground
 surface. Said parcel being part of property designated  as  Section:  38
 Block:  F  Lots:   39-42, 50C, 50F and Section: 38, Block: T, Lots: 50A,
 50B, 50C on the Nassau County Land and Tax Map.
   § 7. TEMPORARY EASEMENT - Force Main Shaft Construction Area.    Park-
 land upon and under which a temporary easement may be established pursu-
 ant  to  subdivision  (b) of section one of this act is described as all
 that certain plot, piece or parcel of land with buildings  and  improve-
 ments  thereon erected, situate, lying and being located at Incorporated
 Village of Rockville Centre, Town of Hempstead,  County  of  Nassau  and
 State  of  New  York  being  more  particularly bounded and described as
 follows: beginning at a point on the northerly side of  Sunrise  Highway
 (New  York  State  Route 27A), said Point of Beginning being distant 254
 feet plus or minus westerly as measured  along  the  northerly  side  of
 Sunrise  Highway  from the intersection of the northerly side of Sunrise
 Highway with the westerly side of Forest Avenue;  running  thence  North
 86°15'  West, along the northerly side of Sunrise Highway, 175 feet plus
 or minus; thence South 68°26' West, continuing along the northerly  side
 of Sunrise Highway, 111 feet plus or minus; thence North 14°47' West 162
 feet  plus  or minus, to the southerly side of the Long Island Rail Road
 right-of-way; thence South 86°59' East, along the southerly side of  the
 Long  Island Rail Road, 479 feet plus or minus; thence South 01°59' West
 75 feet plus or minus, to the northerly side of  the  travelled  way  of
 Sunrise Highway, then 160 feet plus or minus along the arc or a circular
 curve  to  the left that has a radius of 850 feet and a chord that bears
 South 80°03' West 160 feet plus or minus  to  the  Point  of  Beginning.
 Containing  within  said  bounds  50,300  square feet plus or minus. The
 above described temporary easement is necessary for the construction  of
 temporary access to the aqueduct below Sunrise Highway area. Said parcel
 being  part  of property designated as Section: 38 Block: 291 Lot: 17 on
 the Nassau County Land and Tax Map.
   § 8. Should the lands described in sections three,  four  and  six  of
 this  act  cease to be used for the purposes described in section one of
 this act, the permanent easements established pursuant to section one of
 this act shall cease and such lands shall be restored and  dedicated  as
 parklands.
   §  9.  In  the event that the village of Rockville Centre received any
 funding support or  assistance  from  the  federal  government  for  the
 purchase,  maintenance,  or  improvement  of  the parklands set forth in
 sections three through seven of this act, the discontinuance and  alien-
 ation  of  such parklands authorized by the provisions of this act shall
 not occur until the village of Rockville Centre has  complied  with  any

 S. 7508--B                         73                         A. 9508--B
 
 applicable  federal requirements pertaining to the alienation or conver-
 sion of parklands, including satisfying the secretary  of  the  interior
 that the alienation or conversion complies with all conditions which the
 secretary  of the interior deems necessary to assure the substitution of
 other lands shall be equivalent in fair market value and  usefulness  to
 the lands being alienated or converted.
   § 10. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion,  section, subpart or part of this act shall be adjudged by a 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,
 subpart or part thereof directly involved in the  controversy  in  which
 such  judgment 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.
   §  3.  This act shall take effect immediately, provided, however, that
 the applicable effective date of Subparts A through C of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                  PART VV
 
                           Intentionally Omitted
 
                                  PART WW
 
   Section  1.  Subdivision  3  of  section  23-0501 of the environmental
 conservation law is renumbered subdivision 4 and a new subdivision 3  is
 added to read as follows:
   3.  (A)  NO PERMITS SHALL BE ISSUED AUTHORIZING AN APPLICANT TO DRILL,
 DEEPEN, PLUG BACK, OR CONVERT WELLS THAT USE HIGH-VOLUME HYDRAULIC FRAC-
 TURING TO COMPLETE OR RECOMPLETE  NATURAL  GAS  OR  OIL  RESOURCES.  FOR
 PURPOSES  OF  THIS  SECTION,  HIGH-VOLUME  HYDRAULIC FRACTURING SHALL BE
 DEFINED AS THE STIMULATION OF A WELL USING  THREE  HUNDRED  THOUSAND  OR
 MORE GALLONS OF WATER AS THE BASE FLUID FOR HYDRAULIC FRACTURING FOR ALL
 STAGES  IN A WELL COMPLETION, REGARDLESS OF WHETHER THE WELL IS VERTICAL
 OR DIRECTIONAL, INCLUDING HORIZONTAL.
   (B) THERE SHALL BE A MORATORIUM ON THE DEPARTMENT  TAKING  ACTIONS  ON
 APPLICATIONS  FILED  AFTER THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
 OF 2020 WHICH ADDED THIS SUBDIVISION TO DRILL,  DEEPEN,  PLUG  BACK,  OR
 CONVERT  WELLS  THAT USE GELLED PROPANE HYDRAULIC FRACTURING TO COMPLETE
 OR  RECOMPLETE  NATURAL  GAS  OR  OIL  RESOURCES  UNTIL  THE  DEPARTMENT
 COMPLETES  AN  ANALYSIS OF THE POTENTIAL IMPACTS OF GELLED PROPANE FRAC-
 TURING AND MAKES THE ANALYSIS PUBLICLY AVAILABLE.    THE  SCOPE  OF  THE
 DEPARTMENT'S ANALYSIS SHALL REFLECT THE POTENTIAL FOR DEVELOPMENT OF OIL
 AND  GAS  WELLS  USING  GELLED  PROPANE  HYDRAULIC  FRACTURING AND SHALL
 DISCLOSE THE POTENTIAL ADVERSE IMPACTS TO THE ENVIRONMENT. FOR  PURPOSES
 OF THIS SECTION, GELLED PROPANE HYDRAULIC FRACTURING SHALL BE DEFINED AS
 THE  STIMULATION  OF  A WELL USING GELLED PROPANE OR LIQUEFIED PETROLEUM
 GAS AS THE BASE FLUID FOR HYDRAULIC FRACTURING FOR ALL STAGES IN A  WELL
 COMPLETION,  REGARDLESS  OF WHETHER THE WELL IS VERTICAL OR DIRECTIONAL,
 INCLUDING HORIZONTAL.
   § 2. This act shall take effect immediately.
 
                                  PART XX

 S. 7508--B                         74                         A. 9508--B

   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 section 102-c to read as follows:
   § 102-C. BICYCLE WITH ELECTRIC ASSIST. A BICYCLE WHICH IS NO MORE THAN
 THIRTY-SIX  INCHES  WIDE  AND  HAS  AN ELECTRIC MOTOR OF LESS THAN SEVEN
 HUNDRED FIFTY WATTS, EQUIPPED WITH OPERABLE PEDALS, MEETING  THE  EQUIP-
 MENT AND MANUFACTURING REQUIREMENTS FOR BICYCLES ADOPTED BY THE CONSUMER
 PRODUCT SAFETY COMMISSION UNDER 16 C.F.R.  PART 1512.1 ET SEQ. AND MEET-
 ING THE REQUIREMENTS OF ONE OF THE FOLLOWING THREE CLASSES:
   (A)  "CLASS ONE BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH ELECTRIC
 ASSIST HAVING AN ELECTRIC MOTOR THAT PROVIDES ASSISTANCE ONLY  WHEN  THE
 PERSON  OPERATING  SUCH  BICYCLE IS PEDALING, AND THAT CEASES TO PROVIDE
 ASSISTANCE WHEN SUCH BICYCLE REACHES A SPEED OF TWENTY MILES PER HOUR.
   (B) "CLASS TWO BICYCLE WITH ELECTRIC ASSIST." A BICYCLE WITH  ELECTRIC
 ASSIST  HAVING  AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY TO PROPEL
 SUCH BICYCLE, AND THAT IS NOT CAPABLE OF PROVIDING ASSISTANCE WHEN  SUCH
 BICYCLE REACHES A SPEED OF TWENTY MILES PER HOUR.
   (C)  "CLASS THREE BICYCLE WITH ELECTRIC ASSIST."  SOLELY WITHIN A CITY
 HAVING A POPULATION OF ONE MILLION OR  MORE,  A  BICYCLE  WITH  ELECTRIC
 ASSIST  HAVING  AN ELECTRIC MOTOR THAT MAY BE USED EXCLUSIVELY TO PROPEL
 SUCH BICYCLE, AND THAT IS NOT CAPABLE OF PROVIDING ASSISTANCE WHEN  SUCH
 BICYCLE REACHES A SPEED OF TWENTY-FIVE MILES PER HOUR.
   §  2.  The  vehicle and traffic law is amended by adding a new section
 114-e to read as follows:
   § 114-E. ELECTRIC SCOOTER. EVERY DEVICE WEIGHING LESS THAN ONE HUNDRED
 POUNDS THAT (A) HAS HANDLEBARS, A FLOORBOARD OR A SEAT THAT CAN BE STOOD
 OR SAT UPON BY THE OPERATOR, AND AN ELECTRIC MOTOR, (B) CAN  BE  POWERED
 BY THE ELECTRIC MOTOR AND/OR HUMAN POWER, AND (C) HAS A MAXIMUM SPEED OF
 NO MORE THAN TWENTY MILES PER HOUR ON A PAVED LEVEL SURFACE WHEN POWERED
 SOLELY BY THE ELECTRIC MOTOR.
   § 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:
   § 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
 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, (E) BICYCLES WITH ELECTRIC ASSIST AS  DEFINED  IN  SECTION  ONE
 HUNDRED  TWO-C  OF THIS ARTICLE, AND (F) ELECTRIC SCOOTERS AS DEFINED IN
 SECTION ONE HUNDRED FOURTEEN-E 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 agri-
 cultural purposes, or for snow plowing, other than for hire, farm equip-
 ment, including self-propelled 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.
   § 4. The section heading of section 1238 of the  vehicle  and  traffic
 law,  as  amended by chapter 267 of the laws of 1993, is amended to read
 as follows:
   Passengers on bicycles under one year of  age  prohibited;  passengers
 and  operators  under fourteen years of age to wear protective headgear;

 S. 7508--B                         75                         A. 9508--B
 
 OPERATORS OF CLASS THREE BICYCLES WITH ELECTRIC ASSIST TO  WEAR  PROTEC-
 TIVE HEADGEAR.
   §  5. Section 1238 of the vehicle and traffic law is amended by adding
 a new subdivision 5-c to read as follows:
   5-C. NO PERSON SHALL RIDE UPON, PROPEL OR OTHERWISE  OPERATE  A  CLASS
 THREE  BICYCLE  WITH  ELECTRIC  ASSIST  UNLESS  SUCH PERSON IS WEARING A
 HELMET MEETING  STANDARDS  ESTABLISHED  BY  THE  COMMISSIONER.  FOR  THE
 PURPOSES  OF  THIS SUBDIVISION, WEARING A HELMET MEANS HAVING A PROPERLY
 FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
 STRAPS SECURELY FASTENED.
   § 6. Subdivision 6 of section 1238 of the vehicle and traffic law,  as
 added  by  chapter  267 of the laws of 1993, paragraph (a) as amended by
 chapter 402 of the laws of 2001 and paragraph (c) as amended by  chapter
 703 of the laws of 2004, is amended to read as follows:
   6.  (a)  Any  person  who violates the provisions of subdivision five,
 five-a [or], five-b OR FIVE-C of this section shall pay a civil fine not
 to exceed fifty dollars.
   (b) The court shall waive any fine for which a person who violates the
 provisions of subdivision five OR SUBDIVISION  FIVE-C  of  this  section
 would  be  liable  if  such  person  supplies  the court with proof that
 between the date of violation and the appearance date for such violation
 such person purchased or rented a helmet.
   (c) The court may waive any fine for which a person who  violates  the
 provisions  of  subdivision five, five-a, [or] five-b, OR FIVE-C of this
 section would be liable if the  court  finds  that  due  to  reasons  of
 economic  hardship such person was unable to purchase a helmet or due to
 such economic hardship such person was unable to obtain  a  helmet  from
 the  statewide in-line skate and bicycle helmet distribution program, as
 established in section two hundred six of the public health  law,  or  a
 local  distribution program.  SUCH WAIVER OF A FINE SHALL NOT APPLY TO A
 SECOND OR SUBSEQUENT VIOLATION OF SUBDIVISION FIVE-C OF THIS SECTION.
   § 7. Subdivision 8 of section 1238 of the vehicle and traffic law,  as
 amended  by  chapter  694  of  the  laws  of 1995, is amended to read as
 follows:
   8. (A) A police officer shall only issue a summons for a violation  of
 subdivision  two,  five, or five-a of this section by a person less than
 fourteen years of age to the parent or guardian of such  person  if  the
 violation  by such person occurs in the presence of such person's parent
 or guardian and where such parent or guardian is eighteen years  of  age
 or  more.  Such summons shall only be issued to such parent or guardian,
 and shall not be issued to the person less than fourteen years of age.
   (B) A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS  FOR  A  VIOLATION  OF
 SUBDIVISION  FIVE-C  OF THIS SECTION BY A PERSON LESS THAN SIXTEEN YEARS
 OF AGE TO THE PARENT OR GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH
 PERSON OCCURS IN THE PRESENCE OF SUCH PERSON'S PARENT  OR  GUARDIAN  AND
 WHERE  SUCH  PARENT  OR  GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE. SUCH
 SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND  SHALL  NOT
 BE ISSUED TO THE PERSON LESS THAN SIXTEEN YEARS OF AGE.
   § 8. The vehicle and traffic law is amended by adding two new sections
 1242 and 1243 to read as follows:
   §  1242.  ADDITIONAL  PROVISIONS  APPLICABLE TO BICYCLES WITH ELECTRIC
 ASSIST.  1. IN ADDITION TO COMPLYING WITH ALL OF THE RULES, REGULATIONS,
 AND PROVISIONS APPLICABLE TO BICYCLES CONTAINED IN THIS  ARTICLE,  BICY-
 CLES WITH ELECTRIC ASSIST SHALL OPERATE IN A MANNER SO THAT THE ELECTRIC
 MOTOR IS DISENGAGED OR CEASES TO FUNCTION WHEN THE BRAKES ARE APPLIED OR
 THE  RIDER STOPS PEDALING, OR OPERATE IN A MANNER SUCH THAT THE ELECTRIC

 S. 7508--B                         76                         A. 9508--B
 
 MOTOR IS ENGAGED THROUGH A SWITCH OR MECHANISM THAT, WHEN RELEASED, WILL
 CAUSE THE ELECTRIC MOTOR TO DISENGAGE OR CEASE TO FUNCTION.
   2.  NO  PERSON  LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE A BICYCLE
 WITH ELECTRIC ASSIST.   THE FAILURE OF ANY PERSON  TO  COMPLY  WITH  THE
 PROVISIONS  OF THIS SUBDIVISION SHALL NOT CONSTITUTE CONTRIBUTORY NEGLI-
 GENCE 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.
   3.  (A)  EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
 SION, THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY LOCAL  LAW
 OR  ORDINANCE, FURTHER REGULATE THE TIME, PLACE AND MANNER OF THE OPERA-
 TION OF BICYCLES WITH ELECTRIC ASSIST INCLUDING,  BUT  NOT  LIMITED  TO,
 MAXIMUM SPEED, REQUIRING THE USE OF PROTECTIVE HEADGEAR, AND THE WEARING
 OF READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL BY OPERATORS OF BICY-
 CLES  WITH  ELECTRIC  ASSIST, AND MAY LIMIT, PROHIBIT THE USE THEREOF IN
 SPECIFIED AREAS, OR PROHIBIT ENTIRELY THE USE OF BICYCLES WITH  ELECTRIC
 ASSIST WITHIN SUCH CITY, TOWN OR VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE
 IS VISIBLY POSTED OUTSIDE THE BOUNDARIES OF SUCH PROHIBITED AREAS.
   (B) THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE IN THE COUNTIES OF
 NASSAU  OR  SUFFOLK MAY, BY LOCAL LAW OR ORDINANCE, FURTHER REGULATE THE
 TIME, PLACE AND MANNER  OF  THE  OPERATION  OF  BICYCLES  WITH  ELECTRIC
 ASSIST,  INCLUDING, BUT NOT LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE
 OF PROTECTIVE HEADGEAR, AND THE WEARING OF  READILY  VISIBLE  REFLECTIVE
 CLOTHING  OR MATERIAL BY OPERATORS OF BICYCLES WITH ELECTRIC ASSIST ONLY
 AFTER ADOPTION OF A LOCAL LAW OR ORDINANCE BY THE GOVERNING BODY OF  THE
 COUNTY IN WHICH THE CITY, TOWN OR VILLAGE IS LOCATED. PROVIDED, HOWEVER,
 THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO THE ADOPTION OF
 A  LOCAL  LAW OR ORDINANCE BY A CITY, TOWN OR VILLAGE IN THE COUNTIES OF
 NASSAU OR SUFFOLK PURSUANT TO THE PROVISIONS OF PARAGRAPH  (A)  OF  THIS
 SUBDIVISION  TO  PROHIBIT  THE  USE  OF BICYCLES WITH ELECTRIC ASSIST IN
 SPECIFIED AREAS, OR PROHIBIT ENTIRELY THE USE OF BICYCLES WITH  ELECTRIC
 ASSIST WITHIN SUCH CITY, TOWN OR VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE
 IS VISIBLY POSTED OUTSIDE THE BOUNDARIES OF SUCH PROHIBITED AREAS.
   (C)  THE  GOVERNING BODY OF ANY TOWN OR VILLAGE IN THE COUNTY OF WEST-
 CHESTER MAY, BY LOCAL LAW OR ORDINANCE, FURTHER REGULATE THE TIME, PLACE
 AND MANNER OF THE OPERATION OF BICYCLES WITH ELECTRIC ASSIST, INCLUDING,
 BUT NOT LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE OF PROTECTIVE HEAD-
 GEAR, AND THE WEARING OF READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL
 BY OPERATORS OF BICYCLES WITH ELECTRIC ASSIST ONLY AFTER ADOPTION  OF  A
 LOCAL  LAW  OR  ORDINANCE  BY  THE GOVERNING BODY OF WESTCHESTER COUNTY.
 PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY
 TO THE ADOPTION OF A LOCAL LAW OR ORDINANCE BY A TOWN OR VILLAGE IN  THE
 COUNTY  OF  WESTCHESTER  PURSUANT  TO THE PROVISIONS OF PARAGRAPH (A) OF
 THIS SUBDIVISION TO PROHIBIT THE USE OF BICYCLES WITH ELECTRIC ASSIST IN
 SPECIFIED AREAS, OR PROHIBIT ENTIRELY THE USE OF BICYCLES WITH  ELECTRIC
 ASSIST  WITHIN  SUCH  TOWN OR VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE IS
 VISIBLY POSTED OUTSIDE THE BOUNDARIES OF SUCH PROHIBITED AREAS.
   4. (A) NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST  ON  ANY
 PUBLIC LANDS OR PROPERTY, OTHER THAN A HIGHWAY EXCLUSIVE OF ANY GREENWAY
 RUNNING  ADJACENT  TO OR CONNECTED WITH A HIGHWAY, EXCEPT THAT A BICYCLE
 WITH ELECTRIC ASSIST MAY BE OPERATED ON ANY SUCH LANDS  THAT  HAVE  BEEN
 DESIGNATED  AND  POSTED  FOR  TRAVEL BY BICYCLES WITH ELECTRIC ASSIST IN
 ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (B) OF THIS SUBDIVISION. FOR
 THE PURPOSES OF THIS SUBDIVISION, THE TERM  "GREENWAY"  SHALL  HAVE  THE
 SAME  MEANING  AS  SUCH  TERM IS DEFINED BY SUBDIVISION SEVEN OF SECTION

 S. 7508--B                         77                         A. 9508--B
 
 44-0103 OF THE ENVIRONMENTAL CONSERVATION LAW  AND  SUBDIVISION  ONE  OF
 SECTION 39.03 OF THE PARKS, RECREATION AND HISTORIC PRESERVATION LAW.
   (B)  A  STATE  AGENCY,  BY  REGULATION  OR  ORDER, AND A CITY, TOWN OR
 VILLAGE, BY LOCAL LAW OR ORDINANCE, MAY DESIGNATE ANY APPROPRIATE PUBLIC
 LANDS AND PROPERTIES UNDER ITS JURISDICTION, OTHER THAN HIGHWAYS  EXCLU-
 SIVE OF ANY GREENWAY RUNNING ADJACENT TO OR CONNECTED WITH A HIGHWAY, AS
 A  PLACE  OPEN  FOR TRAVEL BY BICYCLES WITH ELECTRIC ASSIST UPON WRITTEN
 REQUEST FOR SUCH DESIGNATION BY ANY PERSON, AND MAY IMPOSE  RESTRICTIONS
 AND  CONDITIONS  FOR  THE REGULATION AND SAFE OPERATION OF BICYCLES WITH
 ELECTRIC ASSIST ON SUCH PUBLIC LANDS OR  PROPERTY,  SUCH  AS  TRAVEL  ON
 DESIGNATED TRAILS AND HOURS OF OPERATION.
   5.  (A)  NO  BICYCLE WITH ELECTRIC ASSIST SHALL BE OPERATED ON A SIDE-
 WALK, EXCEPT AS MAY BE AUTHORIZED BY A LOCAL LAW OR ORDINANCE ADOPTED BY
 A CITY, TOWN OR VILLAGE HAVING JURISDICTION OVER SUCH SIDEWALK INCLUDING
 PARKING ON CERTAIN SIDEWALKS  WITHIN  SUCH  CITY,  TOWN  OR  VILLAGE  IN
 COMPLIANCE  WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990, AS
 AMENDED (PUBLIC LAW 101-336).
   (B) (I) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDI-
 VISION, A BICYCLE WITH ELECTRIC ASSIST OWNED BY A NATURAL  PERSON  WHERE
 THE  OWNER  IS  ENGAGED  IN  PERSONAL USE MAY PARK ON A SIDEWALK WHETHER
 ATTENDED OR UNATTENDED. A CITY, TOWN OR VILLAGE HAVING JURISDICTION OVER
 SUCH SIDEWALK SHALL PROVIDE A METHOD BY WHICH A  BICYCLE  WITH  ELECTRIC
 ASSIST OWNED BY A NATURAL PERSON MAY BE IDENTIFIED AS SUCH.
   (II)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, A BICYCLE WITH ELECTRIC  ASSIST  USED  TO  TRANSPORT  PROPERTY  IN
 COMMERCE  MAY  TEMPORARILY PARK ON A SIDEWALK, WHETHER ATTENDED OR UNAT-
 TENDED, FOR THE PURPOSE OF AND WHILE ACTUALLY  ENGAGED  COMMERCIALLY  IN
 THE  LOADING  OR  UNLOADING  OF PROPERTY. A CITY, TOWN OR VILLAGE HAVING
 JURISDICTION OVER SUCH SIDEWALK SHALL PROVIDE A METHOD BY WHICH A  BICY-
 CLE  WITH  ELECTRIC ASSIST USED TO TRANSPORT PROPERTY IN COMMERCE MAY BE
 IDENTIFIED AS SUCH.
   (III) NO PERSON SHALL PARK A BICYCLE WITH ELECTRIC ASSIST PURSUANT  TO
 THIS  PARAGRAPH  IN  A  MANNER  THAT INTERFERES WITH THE FREE PASSAGE OF
 PEDESTRIANS ON A SIDEWALK.
   6. EVERY PERSON OPERATING A BICYCLE WITH ELECTRIC ASSIST  SHALL  YIELD
 THE RIGHT OF WAY TO PEDESTRIANS.
   7. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION (B) OF SECTION TWELVE
 HUNDRED  THIRTY-FOUR  OF THIS ARTICLE TO THE CONTRARY, PERSONS OPERATING
 BICYCLES WITH ELECTRIC ASSIST UPON A ROADWAY SHALL RIDE SINGLE FILE.
   8. EXCEPT AS MAY BE OTHERWISE PROVIDED BY LOCAL LAW, ORDINANCE, ORDER,
 RULE OR REGULATION ENACTED OR PROMULGATED PURSUANT TO  THIS  ARTICLE,  A
 BICYCLE  WITH  ELECTRIC  ASSIST  MAY ONLY BE OPERATED ON HIGHWAYS WITH A
 POSTED SPEED LIMIT OF THIRTY MILES PER HOUR OR LESS,  INCLUDING  NON-IN-
 TERSTATE  PUBLIC  HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC,
 AND DESIGNATED BICYCLE OR IN-LINE SKATE LANES.
   9. NO PERSON SHALL OPERATE A CLASS ONE OR CLASS TWO BICYCLE WITH ELEC-
 TRIC ASSIST IN EXCESS OF TWENTY MILES PER HOUR. NO PERSON SHALL  OPERATE
 A  CLASS  THREE  BICYCLE  WITH  ELECTRIC ASSIST IN EXCESS OF TWENTY-FIVE
 MILES PER HOUR.
   10. THE OPERATION OF  A  CLASS  THREE  BICYCLE  WITH  ELECTRIC  ASSIST
 OUTSIDE  OF A CITY HAVING A POPULATION OF ONE MILLION OR MORE IS PROHIB-
 ITED.
   11. (A) NO PERSON, FIRM, ASSOCIATION OR  CORPORATION  ENGAGED  IN  THE
 BUSINESS  OF SELLING OR LEASING BICYCLES WITH ELECTRIC ASSIST SHALL SELL
 OR LEASE ANY BICYCLE WITH ELECTRIC ASSIST ON OR AFTER  JUNE  FIRST,  TWO
 THOUSAND  TWENTY-TWO UNLESS SUCH BICYCLE WITH ELECTRIC ASSIST HAS PERMA-

 S. 7508--B                         78                         A. 9508--B
 
 NENTLY AFFIXED THERETO, IN A PROMINENT LOCATION, A MANUFACTURER'S  LABEL
 WHICH  SHALL  INCLUDE  THE  FOLLOWING  INFORMATION:  THE  CLASS, MAXIMUM
 MOTOR-ASSISTED SPEED, AND MOTOR WATTAGE OF SUCH  BICYCLE  WITH  ELECTRIC
 ASSIST.  MANUFACTURERS AND DISTRIBUTORS OF BICYCLES WITH ELECTRIC ASSIST
 SHALL, BY APRIL FIRST, TWO THOUSAND TWENTY-TWO, ESTABLISH A  PROCESS  BY
 WHICH  AN OWNER OF A BICYCLE WITH ELECTRIC ASSIST MAY REQUEST AND OBTAIN
 A MANUFACTURER'S  LABEL  PROVIDING  THE  CLASS,  MAXIMUM  MOTOR-ASSISTED
 SPEED,  AND MOTOR WATTAGE APPLICABLE TO HIS OR HER BICYCLE WITH ELECTRIC
 ASSIST PURCHASED PRIOR  TO  JUNE  FIRST,  TWO  THOUSAND  TWENTY-TWO  AND
 INSTALLATION INSTRUCTIONS FROM SUCH MANUFACTURERS AND DISTRIBUTORS.
   (B)  NO  PERSON  SHALL  OPERATE  A BICYCLE WITH ELECTRIC ASSIST ON ANY
 PUBLIC HIGHWAY OR STREET IN THIS STATE AFTER JUNE  FIRST,  TWO  THOUSAND
 TWENTY-TWO  UNLESS  SUCH  BICYCLE  WITH  ELECTRIC ASSIST HAS PERMANENTLY
 AFFIXED THERETO, IN A PROMINENT LOCATION, A MANUFACTURER'S LABEL PROVID-
 ING THE CLASS, MAXIMUM MOTOR-ASSISTED SPEED, AND MOTOR WATTAGE  OF  SUCH
 BICYCLE  WITH ELECTRIC ASSIST. ANY PERSON WHO VIOLATES THE PROVISIONS OF
 THIS PARAGRAPH SHALL BE PUNISHED BY A CIVIL FINE OF UP TO FIFTY DOLLARS.
 THE COURT SHALL WAIVE ANY FINE FOR  WHICH  A  PERSON  WHO  VIOLATES  THE
 PROVISIONS OF THIS PARAGRAPH WOULD BE LIABLE IF SUCH PERSON SUPPLIES THE
 COURT  WITH  PROOF  THAT, BETWEEN THE DATE ON WHICH HE OR SHE IS CHARGED
 WITH HAVING VIOLATED THIS PARAGRAPH AND THE  APPEARANCE  DATE  FOR  SUCH
 VIOLATION, A MANUFACTURER'S LABEL WAS AFFIXED TO HIS OR HER BICYCLE WITH
 ELECTRIC  ASSIST  AS REQUIRED BY THIS PARAGRAPH. PROVIDED, HOWEVER, THAT
 SUCH WAIVER OF FINE SHALL NOT APPLY TO A SECOND OR SUBSEQUENT CONVICTION
 UNDER THIS PARAGRAPH.
   12. A VIOLATION OF THE PROVISIONS OF SUBDIVISION TWO, FIVE, SIX, NINE,
 OR TEN OF THIS SECTION SHALL RESULT IN A CIVIL FINE NOT TO EXCEED  FIFTY
 DOLLARS.
   13.  A  POLICE  OFFICER  SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
 THIS SECTION BY A PERSON LESS THAN SIXTEEN YEARS OF AGE TO THE PARENT OR
 GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON  OCCURS  IN  THE
 PRESENCE  OF  SUCH  PERSON'S PARENT OR GUARDIAN AND WHERE SUCH PARENT OR
 GUARDIAN IS EIGHTEEN YEARS OF AGE OR OLDER. SUCH SUMMONS SHALL  ONLY  BE
 ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL NOT BE ISSUED TO THE PERSON
 LESS THAN SIXTEEN YEARS OF AGE.
   §  1243.  SHARED  BICYCLE  AND  SHARED  BICYCLE  WITH  ELECTRIC ASSIST
 SYSTEMS; DATA PROTECTION. 1. THE GOVERNING BODY OF  ANY  CITY,  TOWN  OR
 VILLAGE MAY, BY LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION, AUTHOR-
 IZE  AND REGULATE SHARED BICYCLE SYSTEMS OR SHARED BICYCLE WITH ELECTRIC
 ASSIST SYSTEMS WITHIN SUCH CITY,  TOWN  OR  VILLAGE.    NO  SUCH  SHARED
 SYSTEMS  SHALL  OPERATE WITHIN A CITY, TOWN OR VILLAGE EXCEPT AS AUTHOR-
 IZED BY SUCH LOCAL LAW, ORDINANCE, ORDER, RULE OR  REGULATION.  FOR  THE
 PURPOSES  OF  THIS SUBDIVISION, THE TERM SHARED BICYCLE SYSTEM OR SHARED
 BICYCLE WITH ELECTRIC ASSIST SYSTEM SHALL MEAN A NETWORK OF SELF-SERVICE
 AND PUBLICLY AVAILABLE BICYCLES OR  BICYCLES  WITH  ELECTRIC  ASSIST  IN
 WHICH A BICYCLE OR BICYCLE WITH ELECTRIC  ASSIST TRIP BEGINS AND/OR ENDS
 ON ANY PUBLIC HIGHWAY.
   2.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW TO THE CONTRARY, ALL
 TRIP DATA, PERSONAL INFORMATION,  IMAGES,  VIDEOS,  AND  OTHER  RECORDED
 IMAGES  COLLECTED  BY  ANY SHARED BICYCLE  SYSTEM OR SHARED BICYCLE WITH
 ELECTRIC ASSIST SYSTEM WHICH IS AUTHORIZED TO  OPERATE  WITHIN  A  CITY,
 TOWN OR VILLAGE PURSUANT TO THIS SECTION: (A) SHALL BE FOR THE EXCLUSIVE
 USE OF SUCH SHARED BICYCLE OR SHARED BICYCLE WITH ELECTRIC ASSIST SYSTEM
 AND  SHALL NOT BE SOLD, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE FOR ANY
 COMMERCIAL PURPOSE AND (B) SHALL NOT  BE  DISCLOSED  OR  OTHERWISE  MADE
 ACCESSIBLE  EXCEPT  (I)  TO THE PERSON WHO IS THE SUBJECT OF SUCH  DATA,

 S. 7508--B                         79                         A. 9508--B
 
 INFORMATION OR RECORD; OR (II) IF NECESSARY  TO  COMPLY  WITH  A  LAWFUL
 COURT  ORDER,  JUDICIAL  WARRANT SIGNED BY A JUDGE APPOINTED PURSUANT TO
 ARTICLE III OF THE UNITED STATES  CONSTITUTION, OR SUBPOENA FOR INDIVID-
 UAL DATA, INFORMATION OR RECORDS PROPERLY ISSUED  PURSUANT TO THE CRIMI-
 NAL  PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEV-
 ER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PRECLUDE
 THE EXCHANGE OF SUCH DATA, INFORMATION OR RECORDED IMAGES SOLELY FOR THE
 PURPOSE OF ADMINISTERING SUCH AUTHORIZED SHARED SYSTEM. FOR THE PURPOSES
 OF THIS SUBDIVISION, "PERSONAL INFORMATION" SHALL MEAN INFORMATION  THAT
 IDENTIFIES  AN  INDIVIDUAL,  INCLUDING BUT NOT LIMITED TO NAME, ADDRESS,
 TELEPHONE NUMBER, AND THE TYPE AND FORM OF PAYMENT INCLUDING CREDIT CARD
 NUMBER, DEBIT CARD NUMBER, OR OTHER PAYMENT METHOD.
   § 9. The vehicle and traffic law is amended by adding  a  new  section
 1242-a to read as follows:
   §  1242-A. OPERATION OF A BICYCLE WITH ELECTRIC ASSIST WHILE UNDER THE
 INFLUENCE OF ALCOHOL OR DRUGS.  1.  OFFENSES;  CRIMINAL  PENALTIES.  (A)
 OPERATING  A  BICYCLE  WITH  ELECTRIC  ASSIST WHILE ABILITY IMPAIRED. NO
 PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE  THE  PERSON'S
 ABILITY  TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED BY THE
 CONSUMPTION OF ALCOHOL.
   (I) A VIOLATION OF THIS PARAGRAPH SHALL BE A  TRAFFIC  INFRACTION  AND
 SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN THREE HUNDRED DOLLARS, OR
 BY  IMPRISONMENT  IN  A  PENITENTIARY  OR  COUNTY JAIL FOR NOT MORE THAN
 FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
 OF THIS PARAGRAPH AFTER HAVING BEEN CONVICTED  OF  A  VIOLATION  OF  ANY
 PARAGRAPH  OF  THIS SUBDIVISION WITHIN THE PRECEDING FIVE YEARS SHALL BE
 PUNISHED BY A FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS,  OR  BY
 IMPRISONMENT  OF  NOT  MORE THAN THIRTY DAYS IN A PENITENTIARY OR COUNTY
 JAIL OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (III) A  PERSON  WHO  OPERATES  A  BICYCLE  WITH  ELECTRIC  ASSIST  IN
 VIOLATION OF THIS PARAGRAPH AFTER BEING CONVICTED TWO OR MORE TIMES OF A
 VIOLATION  OF ANY PARAGRAPH OF THIS SUBDIVISION WITHIN THE PRECEDING TEN
 YEARS SHALL BE GUILTY OF A MISDEMEANOR, AND SHALL BE PUNISHED BY A  FINE
 OF  NOT  MORE  THAN ONE THOUSAND DOLLARS, OR BY IMPRISONMENT OF NOT MORE
 THAN ONE HUNDRED EIGHTY DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH
 SUCH FINE AND IMPRISONMENT.
   (B) OPERATING A BICYCLE WITH ELECTRIC ASSIST  WHILE  INTOXICATED;  PER
 SE.    NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE SUCH
 PERSON HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT  OF  ALCOHOL  IN  THE
 PERSON'S  BLOOD  AS  SHOWN  BY CHEMICAL ANALYSIS OF SUCH PERSON'S BLOOD,
 BREATH, URINE OR SALIVA, MADE PURSUANT TO THE PROVISIONS OF  SUBDIVISION
 FIVE OF THIS SECTION.
   (C)  OPERATING  A  BICYCLE WITH ELECTRIC ASSIST WHILE INTOXICATED.  NO
 PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE IN AN  INTOXI-
 CATED CONDITION.
   (D) OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE ABILITY IMPAIRED BY
 DRUGS.  NO PERSON SHALL OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE THE
 PERSON'S ABILITY  TO  OPERATE  SUCH  BICYCLE  WITH  ELECTRIC  ASSIST  IS
 IMPAIRED BY THE USE OF A DRUG AS DEFINED IN THIS CHAPTER.
   (E) OPERATING A BICYCLE WITH ELECTRIC ASSIST WHILE ABILITY IMPAIRED BY
 THE COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS.  NO
 PERSON  SHALL  OPERATE A BICYCLE WITH ELECTRIC ASSIST WHILE THE PERSON'S
 ABILITY TO OPERATE SUCH BICYCLE WITH ELECTRIC ASSIST IS IMPAIRED BY  THE
 COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS.

 S. 7508--B                         80                         A. 9508--B
 
   (F) PENALTY. (I) A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
 SUBDIVISION  SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE OF
 NOT MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY
 OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR  BY  BOTH  SUCH  FINE  AND
 IMPRISONMENT.
   (II) A PERSON WHO OPERATES A BICYCLE WITH ELECTRIC ASSIST IN VIOLATION
 OF  PARAGRAPH (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER HAVING BEEN
 CONVICTED OF A VIOLATION OF PARAGRAPH (B),  (C),  (D)  OR  (E)  OF  THIS
 SUBDIVISION  WITHIN THE PRECEDING TEN YEARS SHALL BE GUILTY OF A CLASS E
 FELONY, AND SHALL BE PUNISHED BY A FINE OF NOT MORE  THAN  ONE  THOUSAND
 DOLLARS  OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR
 BY BOTH SUCH FINE AND IMPRISONMENT.
   (III) A  PERSON  WHO  OPERATES  A  BICYCLE  WITH  ELECTRIC  ASSIST  IN
 VIOLATION  OF  PARAGRAPH  (B), (C), (D) OR (E) OF THIS SUBDIVISION AFTER
 HAVING BEEN CONVICTED OF A VIOLATION OF PARAGRAPH (B), (C), (D)  OR  (E)
 OF  THIS  SUBDIVISION  TWO  OR MORE TIMES WITHIN THE PRECEDING TEN YEARS
 SHALL BE GUILTY OF A CLASS E FELONY, AND SHALL BE PUNISHED BY A FINE  OF
 NOT  MORE  THAN  FOUR THOUSAND DOLLARS OR BY A PERIOD OF IMPRISONMENT AS
 PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   2. CERTAIN SENTENCES PROHIBITED. NOTWITHSTANDING ANY PROVISIONS OF THE
 PENAL LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE A  SENTENCE  OF  UNCONDI-
 TIONAL  DISCHARGE  FOR  A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF
 SUBDIVISION ONE OF THIS SECTION.
   3. SENTENCING; PREVIOUS CONVICTIONS. WHEN SENTENCING A  PERSON  FOR  A
 VIOLATION  OF  PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS
 SECTION PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH  (F)  OF  SUBDIVISION
 ONE  OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE
 PERSON MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE,  FOUR,
 OR  FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE
 PRECEDING TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION  OF  PARA-
 GRAPH  (B),  (C), (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION PURSUANT
 TO SUBPARAGRAPH (III) OF  PARAGRAPH  (F)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION,  THE  COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY
 HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,  OR  FOUR-A
 OF  SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE PRECEDING
 TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH (II)
 OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS  SECTION,  THE  COURT  SHALL
 CONSIDER  ANY  PRIOR  CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION OF
 ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITH-
 IN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF
 SUBPARAGRAPH (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS  SECTION,
 THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A
 VIOLATION  OF  ANY  SUBDIVISION  OF SECTION ELEVEN HUNDRED NINETY-TWO OF
 THIS TITLE WITHIN THE PRECEDING TEN YEARS.
   4.  ARREST  AND  FIELD  TESTING.  (A)  ARREST.   NOTWITHSTANDING   THE
 PROVISIONS  OF  SECTION  140.10  OF THE CRIMINAL PROCEDURE LAW, A POLICE
 OFFICER MAY, WITHOUT A WARRANT, ARREST A PERSON, IN CASE OF A  VIOLATION
 OF  ANY  PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION, IF SUCH VIOLATION
 IS COUPLED WITH AN  ACCIDENT  OR  COLLISION  IN  WHICH  SUCH  PERSON  IS
 INVOLVED,  WHICH  IN  FACT  HAD BEEN COMMITTED, THOUGH NOT IN THE POLICE
 OFFICER'S PRESENCE, WHEN THE OFFICER HAS  REASONABLE  CAUSE  TO  BELIEVE
 THAT  THE  VIOLATION  WAS  COMMITTED BY SUCH PERSON. FOR THE PURPOSES OF
 THIS SUBDIVISION, POLICE OFFICER SHALL  ALSO  INCLUDE  A  PEACE  OFFICER
 AUTHORIZED  TO  ENFORCE  THIS CHAPTER WHEN THE ALLEGED VIOLATION CONSTI-
 TUTES A CRIME.

 S. 7508--B                         81                         A. 9508--B

   (B) FIELD TESTING. EVERY PERSON  OPERATING  A  BICYCLE  WITH  ELECTRIC
 ASSIST WHICH HAS BEEN INVOLVED IN AN ACCIDENT SHALL, AT THE REQUEST OF A
 POLICE OFFICER, SUBMIT TO A BREATH TEST TO BE ADMINISTERED BY THE POLICE
 OFFICER. IF SUCH TEST INDICATES THAT SUCH OPERATOR HAS CONSUMED ALCOHOL,
 THE  POLICE  OFFICER  MAY  REQUEST SUCH OPERATOR TO SUBMIT TO A CHEMICAL
 TEST IN THE MANNER SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
   5. CHEMICAL TESTS; WHEN AUTHORIZED. A POLICE OFFICER MAY  REQUEST  ANY
 PERSON  WHO  OPERATES  A  BICYCLE  WITH ELECTRIC ASSIST IN THIS STATE TO
 CONSENT TO A CHEMICAL TEST OF ONE OR  MORE  OF  THE  FOLLOWING:  BREATH,
 BLOOD,  URINE,  OR  SALIVA, FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC
 AND/OR DRUG CONTENT OF SUCH PERSON'S BLOOD, PROVIDED THAT SUCH  TEST  IS
 ADMINISTERED  AT  THE  DIRECTION  OF  A POLICE OFFICER WITH RESPECT TO A
 CHEMICAL TEST OF BREATH, URINE OR SALIVA OR, WITH RESPECT TO A  CHEMICAL
 TEST  OF BLOOD, AT THE DIRECTION OF A POLICE OFFICER: (A) HAVING REASON-
 ABLE GROUNDS TO BELIEVE SUCH PERSON TO HAVE BEEN OPERATING IN  VIOLATION
 OF  PARAGRAPH  (A),  (B),  (C),  (D)  OR  (E) OF SUBDIVISION ONE OF THIS
 SECTION AND WITHIN TWO HOURS AFTER SUCH PERSON  HAS  BEEN  PLACED  UNDER
 ARREST  FOR  ANY  SUCH VIOLATION; OR (B) WITHIN TWO HOURS AFTER A BREATH
 TEST, AS PROVIDED IN PARAGRAPH (B) OF SUBDIVISION FOUR OF THIS  SECTION,
 INDICATES  THAT  ALCOHOL HAS BEEN CONSUMED BY SUCH PERSON AND IN ACCORD-
 ANCE WITH THE RULES AND REGULATIONS ESTABLISHED BY THE POLICE  FORCE  OF
 WHICH THE OFFICER IS A MEMBER.
   6. TESTING PROCEDURES. (A) PERSONS AUTHORIZED TO WITHDRAW BLOOD; IMMU-
 NITY;  TESTIMONY.  (I) AT THE REQUEST OF A POLICE OFFICER, THE FOLLOWING
 PERSONS MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE  ALCOHOLIC
 OR  DRUG  CONTENT  THEREIN:  (A)  A PHYSICIAN, A REGISTERED PROFESSIONAL
 NURSE, A REGISTERED PHYSICIAN ASSISTANT, A CERTIFIED NURSE PRACTITIONER,
 OR AN ADVANCED EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY THE  DEPART-
 MENT  OF  HEALTH; OR (B) UNDER THE SUPERVISION AND AT THE DIRECTION OF A
 PHYSICIAN, REGISTERED PHYSICIAN ASSISTANT OR CERTIFIED NURSE PRACTITION-
 ER ACTING WITHIN HIS OR HER  LAWFUL  SCOPE  OF  PRACTICE,  OR  UPON  THE
 EXPRESS  CONSENT  OF THE PERSON EIGHTEEN YEARS OF AGE OR OLDER FROM WHOM
 SUCH BLOOD IS TO BE WITHDRAWN: A CLINICAL LABORATORY TECHNICIAN OR CLIN-
 ICAL LABORATORY TECHNOLOGIST LICENSED PURSUANT TO  ARTICLE  ONE  HUNDRED
 SIXTY-FIVE OF THE EDUCATION LAW; A PHLEBOTOMIST; OR A MEDICAL LABORATORY
 TECHNICIAN  OR  MEDICAL  TECHNOLOGIST  EMPLOYED BY A CLINICAL LABORATORY
 APPROVED UNDER TITLE FIVE OF ARTICLE FIVE OF THE PUBLIC HEALTH LAW. THIS
 LIMITATION SHALL NOT APPLY TO THE TAKING OF A URINE,  SALIVA  OR  BREATH
 SPECIMEN.
   (II) NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH (I)
 OF  THIS  PARAGRAPH  OR  HOSPITAL  EMPLOYING  SUCH  PERSON, AND NO OTHER
 EMPLOYER OF SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR
 OMITTED IN THE COURSE OF WITHDRAWING BLOOD AT THE REQUEST  OF  A  POLICE
 OFFICER PURSUANT TO THIS SECTION.
   (III) ANY PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM THE WITH-
 DRAWAL  OF  BLOOD  AS  AFORESAID, FOR WHICH NO PERSONAL LIABILITY EXISTS
 UNDER SUBPARAGRAPH (II) OF THIS  PARAGRAPH,  MAY  MAINTAIN  SUCH  ACTION
 AGAINST  THE  STATE IF ANY PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
 THIS PARAGRAPH ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY  THE
 STATE,  OR AGAINST THE APPROPRIATE POLITICAL SUBDIVISION OF THE STATE IF
 SUCH PERSON ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY A POLI-
 TICAL SUBDIVISION OF THE STATE. NO ACTION SHALL BE  MAINTAINED  PURSUANT
 TO  THIS  SUBPARAGRAPH UNLESS NOTICE OF CLAIM IS DULY FILED OR SERVED IN
 COMPLIANCE WITH LAW.
   (IV) NOTWITHSTANDING SUBPARAGRAPHS (I), (II) AND (III) OF  THIS  PARA-
 GRAPH,  AN ACTION MAY BE MAINTAINED BY THE STATE OR A POLITICAL SUBDIVI-

 S. 7508--B                         82                         A. 9508--B
 
 SION THEREOF AGAINST A PERSON ENTITLED TO  WITHDRAW  BLOOD  PURSUANT  TO
 SUBPARAGRAPH (I) OF THIS PARAGRAPH OR HOSPITAL EMPLOYING SUCH PERSON FOR
 WHOSE  ACT  OR  OMISSION THE STATE OR THE POLITICAL SUBDIVISION HAS BEEN
 HELD  LIABLE  UNDER THIS PARAGRAPH TO RECOVER DAMAGES, NOT EXCEEDING THE
 AMOUNT AWARDED TO THE CLAIMANT, THAT MAY  HAVE  BEEN  SUSTAINED  BY  THE
 STATE  OR THE POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE OR BAD
 FAITH ON THE PART OF SUCH PERSON.
   (V) THE TESTIMONY OF ANY PERSON OTHER THAN A  PHYSICIAN,  ENTITLED  TO
 WITHDRAW  BLOOD  PURSUANT  TO  SUBPARAGRAPH  (I)  OF  THIS PARAGRAPH, IN
 RESPECT TO ANY SUCH WITHDRAWAL OF BLOOD  MADE  BY  SUCH  PERSON  MAY  BE
 RECEIVED  IN  EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS IF SUCH
 WITHDRAWAL OF BLOOD WERE MADE BY A PHYSICIAN.
   (VI) THE PROVISIONS OF SUBPARAGRAPHS (II),  (III)  AND  (IV)  OF  THIS
 PARAGRAPH  SHALL  ALSO  APPLY  WITH  REGARD  TO ANY PERSON EMPLOYED BY A
 HOSPITAL AS SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE COURSE
 OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE OFFICER PURSUANT TO THIS
 SECTION.
   (B) RIGHT TO ADDITIONAL TEST. THE PERSON TESTED SHALL BE PERMITTED  TO
 CHOOSE  A PHYSICIAN TO ADMINISTER A CHEMICAL TEST IN ADDITION TO THE ONE
 ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER.
   (C) RULES AND REGULATIONS. THE DEPARTMENT OF HEALTH  SHALL  ISSUE  AND
 FILE  RULES AND REGULATIONS APPROVING SATISFACTORY TECHNIQUES OR METHODS
 OF CONDUCTING CHEMICAL ANALYSES OF A PERSON'S BLOOD,  URINE,  BREATH  OR
 SALIVA AND TO ASCERTAIN THE QUALIFICATIONS AND COMPETENCE OF INDIVIDUALS
 TO  CONDUCT  AND SUPERVISE CHEMICAL ANALYSES OF A PERSON'S BLOOD, URINE,
 BREATH OR SALIVA. IF THE ANALYSES WERE MADE BY AN INDIVIDUAL  POSSESSING
 A  PERMIT  ISSUED BY THE DEPARTMENT OF HEALTH, THIS SHALL BE PRESUMPTIVE
 EVIDENCE THAT THE EXAMINATION WAS PROPERLY GIVEN. THE PROVISIONS OF THIS
 PARAGRAPH DO NOT PROHIBIT THE INTRODUCTION AS EVIDENCE  OF  AN  ANALYSIS
 MADE  BY AN INDIVIDUAL OTHER THAN A PERSON POSSESSING A PERMIT ISSUED BY
 THE DEPARTMENT OF HEALTH.
   7. CHEMICAL TEST EVIDENCE. (A) ADMISSIBILITY. UPON THE  TRIAL  OF  ANY
 SUCH  ACTION  OR  PROCEEDING ARISING OUT OF ACTIONS ALLEGED TO HAVE BEEN
 COMMITTED BY ANY PERSON ARRESTED FOR A VIOLATION  OF  ANY  PARAGRAPH  OF
 SUBDIVISION  ONE  OF THIS SECTION, THE COURT SHALL ADMIT EVIDENCE OF THE
 AMOUNT OF ALCOHOL OR DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY  A  TEST
 ADMINISTERED  PURSUANT  TO  THE  PROVISIONS  OF SUBDIVISION FIVE OF THIS
 SECTION.
   (B) PROBATIVE VALUE. THE FOLLOWING EFFECT SHALL BE GIVEN  TO  EVIDENCE
 OF  BLOOD-ALCOHOL  CONTENT,  AS  DETERMINED  BY  SUCH TESTS, OF A PERSON
 ARRESTED FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION:
   (I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL IN SUCH PERSON'S BLOOD SHALL BE PRIMA FACIE  EVIDENCE  THAT  THE
 ABILITY OF SUCH PERSON TO OPERATE A BICYCLE WITH ELECTRIC ASSIST WAS NOT
 IMPAIRED  BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN
 AN INTOXICATED CONDITION;
   (II) EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT  LESS
 THAN  .07  OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH PERSON'S BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE,  BUT SHALL  NOT
 BE  GIVEN PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF SUCH
 PERSON TO OPERATE A BICYCLE WITH ELECTRIC ASSIST  WAS  IMPAIRED  BY  THE
 CONSUMPTION OF ALCOHOL; AND
   (III)  EVIDENCE  THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
 THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED

 S. 7508--B                         83                         A. 9508--B
 
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING  WHETHER  THE  ABILITY  OF  SUCH PERSON TO OPERATE A BICYCLE WITH
 ELECTRIC ASSIST WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   8.  WHERE  APPLICABLE. THE PROVISIONS OF THIS SECTION SHALL APPLY UPON
 PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC, ANY  OTHER
 PARKING  LOT,  AND  SIDEWALKS. FOR THE PURPOSES OF THIS SECTION "PARKING
 LOT" SHALL MEAN ANY AREA OR  AREAS  OF  PRIVATE  PROPERTY,  INCLUDING  A
 DRIVEWAY, NEAR OR CONTIGUOUS TO AND PROVIDED IN CONNECTION WITH PREMISES
 AND  USED  AS  A  MEANS OF ACCESS TO AND EGRESS FROM A PUBLIC HIGHWAY TO
 SUCH PREMISES AND HAVING A CAPACITY FOR THE  PARKING  OF  FOUR  OR  MORE
 MOTOR  VEHICLES.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
 AREA OR AREAS OF PRIVATE PROPERTY COMPRISING ALL OR PART OF PROPERTY  ON
 WHICH IS SITUATED A ONE OR TWO-FAMILY RESIDENCE.
   9.  ENFORCEMENT  UPON  CRASH.  NOTWITHSTANDING  ANY  PROVISION OF THIS
 SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS  IN  CONJUNCTION
 WITH  A  CRASH  INVOLVING AN OPERATOR OF A BICYCLE WITH ELECTRIC ASSIST.
 FOR THE PURPOSES OF THIS SUBDIVISION, "CRASH" SHALL MEAN COLLIDING  WITH
 A VEHICLE, PERSON, BUILDING OR OTHER OBJECT.
   §  10.  The vehicle and traffic law is amended by adding a new article
 34-D to read as follows:
                               ARTICLE 34-D
                      OPERATION OF ELECTRIC SCOOTERS
 SECTION 1280. EFFECT OF REGULATIONS.
         1281. TRAFFIC LAWS APPLY TO PERSONS OPERATING ELECTRIC SCOOTERS;
                 LOCAL LAWS.
         1282. OPERATING ELECTRIC SCOOTERS.
         1283. CLINGING TO VEHICLES.
         1284. RIDING ON ROADWAYS,  SHOULDERS,  AND  LANES  RESERVED  FOR
                 NON-MOTORIZED VEHICLES AND DEVICES.
         1285. LAMPS AND OTHER EQUIPMENT.
         1286. OPERATORS TO WEAR PROTECTIVE HEADGEAR.
         1287. LEAVING  THE  SCENE  OF  AN INCIDENT INVOLVING AN ELECTRIC
                 SCOOTER WITHOUT REPORTING IN THE SECOND DEGREE.
         1288. LEAVING THE SCENE OF AN  INCIDENT  INVOLVING  AN  ELECTRIC
                 SCOOTER WITHOUT REPORTING IN THE FIRST DEGREE.
         1289. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE
                 OF ALCOHOL OR DRUGS.
   §  1280.  EFFECT  OF  REGULATIONS.  1. THE PARENT OF ANY CHILD AND THE
 GUARDIAN OF ANY WARD SHALL NOT AUTHORIZE OR KNOWINGLY  PERMIT  ANY  SUCH
 CHILD OR WARD TO VIOLATE ANY OF THE PROVISIONS OF THIS ARTICLE.
   2. THESE REGULATIONS APPLICABLE TO ELECTRIC SCOOTERS SHALL APPLY WHEN-
 EVER  AN  ELECTRIC  SCOOTER  IS  OPERATED UPON ANY HIGHWAY, UPON PRIVATE
 ROADS OPEN TO PUBLIC MOTOR VEHICLE TRAFFIC AND UPON ANY PATH  SET  ASIDE
 FOR THE EXCLUSIVE USE OF BICYCLES, IN-LINE SKATES, ELECTRIC SCOOTERS, OR
 ALL.
   §  1281.  TRAFFIC  LAWS  APPLY TO PERSONS OPERATING ELECTRIC SCOOTERS;
 LOCAL LAWS. 1. EVERY PERSON RIDING AN ELECTRIC SCOOTER  UPON  A  ROADWAY
 SHALL  BE  GRANTED  ALL OF THE RIGHTS AND SHALL BE SUBJECT TO ALL OF THE
 DUTIES APPLICABLE TO THE DRIVER OF A VEHICLE AND THE RIDER OF A  BICYCLE
 BY  THIS  TITLE,  EXCEPT  AS  TO SPECIAL REGULATIONS IN THIS ARTICLE AND
 EXCEPT AS TO THOSE PROVISIONS OF THIS TITLE WHICH BY  THEIR  NATURE  CAN
 HAVE NO APPLICATION.
   2.  (A)  EXCEPT AS PROVIDED IN PARAGRAPHS (B) AND (C) OF THIS SUBDIVI-
 SION, THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY LOCAL  LAW
 OR  ORDINANCE, FURTHER REGULATE THE TIME, PLACE AND MANNER OF THE OPERA-
 TION OF ELECTRIC SCOOTERS, INCLUDING, BUT NOT LIMITED TO, MAXIMUM SPEED,

 S. 7508--B                         84                         A. 9508--B
 
 REQUIRING THE USE OF PROTECTIVE HEADGEAR, AND  THE  WEARING  OF  READILY
 VISIBLE  REFLECTIVE CLOTHING OR MATERIAL BY OPERATORS OF ELECTRIC SCOOT-
 ERS, AND MAY LIMIT, PROHIBIT THE USE  THEREOF  IN  SPECIFIED  AREAS,  OR
 PROHIBIT  ENTIRELY  THE USE OF ELECTRIC SCOOTERS WITHIN SUCH CITY, TOWN,
 OR VILLAGE, PROVIDED THAT ADEQUATE SIGNAGE IS VISIBLY POSTED OUTSIDE THE
 BOUNDARIES OF SUCH PROHIBITED AREAS.
   (B) THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE IN THE COUNTIES OF
 NASSAU OR SUFFOLK MAY, BY LOCAL LAW OR ORDINANCE, FURTHER  REGULATE  THE
 TIME, PLACE AND MANNER OF THE OPERATION OF ELECTRIC SCOOTERS, INCLUDING,
 BUT NOT LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE OF PROTECTIVE HEAD-
 GEAR, AND THE WEARING OF READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL
 BY  OPERATORS OF ELECTRIC SCOOTERS ONLY AFTER ADOPTION OF A LOCAL LAW OR
 ORDINANCE BY THE GOVERNING BODY OF THE COUNTY IN WHICH THE CITY, TOWN OR
 VILLAGE IS LOCATED. PROVIDED, HOWEVER, THAT THE PROVISIONS OF THIS PARA-
 GRAPH SHALL NOT APPLY TO THE ADOPTION OF A LOCAL LAW OR ORDINANCE  BY  A
 CITY,  TOWN  OR VILLAGE IN THE COUNTIES OF NASSAU OR SUFFOLK PURSUANT TO
 THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO PROHIBIT THE  USE
 OF ELECTRIC SCOOTERS IN SPECIFIED AREAS, OR PROHIBIT ENTIRELY THE USE OF
 ELECTRIC  SCOOTERS  WITHIN  SUCH  CITY,  TOWN  OR VILLAGE, PROVIDED THAT
 ADEQUATE SIGNAGE IS  VISIBLY  POSTED  OUTSIDE  THE  BOUNDARIES  OF  SUCH
 PROHIBITED AREAS.
   (C)  THE  GOVERNING BODY OF ANY TOWN OR VILLAGE IN THE COUNTY OF WEST-
 CHESTER MAY, BY LOCAL LAW OR ORDINANCE, FURTHER REGULATE THE TIME, PLACE
 AND MANNER OF THE OPERATION OF ELECTRIC  SCOOTERS,  INCLUDING,  BUT  NOT
 LIMITED TO, MAXIMUM SPEED, REQUIRING THE USE OF PROTECTIVE HEADGEAR, AND
 THE WEARING OF READILY VISIBLE REFLECTIVE CLOTHING OR MATERIAL BY OPERA-
 TORS  OF  ELECTRIC  SCOOTERS ONLY AFTER ADOPTION OF A LOCAL LAW OR ORDI-
 NANCE BY THE GOVERNING BODY OF WESTCHESTER  COUNTY.  PROVIDED,  HOWEVER,
 THAT THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO THE ADOPTION OF
 A LOCAL LAW OR ORDINANCE BY A TOWN OR VILLAGE IN THE COUNTY OF WESTCHES-
 TER  PURSUANT  TO THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION TO
 PROHIBIT THE USE OF ELECTRIC SCOOTERS IN SPECIFIED  AREAS,  OR  PROHIBIT
 ENTIRELY  THE  USE  OF  ELECTRIC  SCOOTERS  WITHIN SUCH TOWN OR VILLAGE,
 PROVIDED THAT ADEQUATE SIGNAGE IS VISIBLY POSTED OUTSIDE THE  BOUNDARIES
 OF SUCH PROHIBITED AREAS.
   3.  NO  PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS SUCH OPERATION
 IS IN COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER, AND ANY REGULATION
 OR ORDER OR LOCAL LAW OR ORDINANCE ADOPTED PURSUANT TO THIS ARTICLE.
   § 1282. OPERATING ELECTRIC SCOOTERS. 1. NO ELECTRIC SCOOTER  SHALL  BE
 USED  TO  CARRY MORE THAN ONE PERSON AT ONE TIME. NO PERSON OPERATING AN
 ELECTRIC SCOOTER SHALL CARRY  ANY  PERSON  AS  A  PASSENGER  IN  A  PACK
 FASTENED TO THE OPERATOR OR FASTENED TO THE ELECTRIC SCOOTER.  THE FAIL-
 URE  OF  ANY  PERSON  TO  COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION
 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.
   2.  NO  PERSON  OPERATING AN ELECTRIC SCOOTER SHALL CARRY ANY PACKAGE,
 BUNDLE OR ARTICLE WHICH PREVENTS THE OPERATOR FROM KEEPING AT LEAST  ONE
 HAND  UPON  THE  HANDLE BARS OR WHICH OBSTRUCTS HIS OR HER VISION IN ANY
 DIRECTION.
   3. EVERY PERSON OPERATING AN ELECTRIC SCOOTER SHALL YIELD THE RIGHT OF
 WAY TO PEDESTRIANS.
   4. NO PERSON LESS THAN SIXTEEN YEARS OF AGE SHALL OPERATE OR RIDE AS A
 PASSENGER UPON AN ELECTRIC SCOOTER, AND NO PERSON SIXTEEN YEARS  OF  AGE

 S. 7508--B                         85                         A. 9508--B
 
 OR  OLDER SHALL ALLOW ANY PERSON LESS THAN SIXTEEN YEARS OF AGE TO OPER-
 ATE OR RIDE AS A PASSENGER UPON SUCH SCOOTER.
   5.    EXCEPT  AS  MAY  BE  OTHERWISE PROVIDED BY LOCAL LAW, ORDINANCE,
 ORDER, RULE OR REGULATION ENACTED OR PROMULGATED PURSUANT TO THIS  ARTI-
 CLE,  AN ELECTRIC SCOOTER MAY ONLY BE OPERATED ON HIGHWAYS WITH A POSTED
 SPEED LIMIT OF THIRTY MILES PER HOUR OR LESS,  INCLUDING  NON-INTERSTATE
 PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC, AND DESIG-
 NATED BICYCLE OR IN-LINE SKATE LANES.
   6.  NO  PERSON  SHALL OPERATE AN ELECTRIC SCOOTER IN EXCESS OF FIFTEEN
 MILES PER HOUR.
   7. (A) NO PERSON SHALL OPERATE AN  ELECTRIC  SCOOTER  ON  A  SIDEWALK,
 EXCEPT  AS  MAY  BE  AUTHORIZED BY A LOCAL LAW OR ORDINANCE ADOPTED BY A
 CITY, TOWN OR VILLAGE HAVING JURISDICTION OVER SUCH  SIDEWALK  INCLUDING
 PARKING  ON  CERTAIN  SIDEWALKS  WITHIN  SUCH  CITY,  TOWN OR VILLAGE IN
 COMPLIANCE WITH THE FEDERAL AMERICANS WITH DISABILITIES ACT OF 1990,  AS
 AMENDED (PUBLIC LAW 101-336).
   (B)  NOTWITHSTANDING  THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
 SION, AN ELECTRIC SCOOTER OWNED BY A NATURAL PERSON WHERE THE  OWNER  IS
 ENGAGED IN PERSONAL USE MAY PARK ON A SIDEWALK WHETHER ATTENDED OR UNAT-
 TENDED,  PROVIDED  HOWEVER THAT NO PERSON SHALL PARK AN ELECTRIC SCOOTER
 PURSUANT TO THIS PARAGRAPH IN A MANNER THAT  INTERFERES  WITH  THE  FREE
 PASSAGE  OF  PEDESTRIANS  ON  A SIDEWALK. A CITY, TOWN OR VILLAGE HAVING
 JURISDICTION OVER SUCH SIDEWALK SHALL PROVIDE A METHOD BY WHICH AN ELEC-
 TRIC SCOOTER OWNED BY A NATURAL PERSON MAY BE IDENTIFIED AS SUCH.
   8. (A) NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER ON ANY PUBLIC LANDS
 OR PROPERTY, OTHER THAN A HIGHWAY  EXCLUSIVE  OF  ANY  GREENWAY  RUNNING
 ADJACENT TO OR CONNECTED WITH A HIGHWAY, EXCEPT THAT AN ELECTRIC SCOOTER
 MAY  BE  OPERATED ON ANY SUCH LANDS THAT HAVE BEEN DESIGNATED AND POSTED
 FOR TRAVEL BY ELECTRIC SCOOTERS IN ACCORDANCE  WITH  THE  PROVISIONS  OF
 PARAGRAPH (B) OF THIS SUBDIVISION. FOR THE PURPOSES OF THIS SUBDIVISION,
 THE  TERM "GREENWAY" SHALL HAVE THE SAME MEANING AS SUCH TERM IS DEFINED
 BY SUBDIVISION SEVEN OF SECTION 44-0103 OF THE  ENVIRONMENTAL  CONSERVA-
 TION  LAW  AND SUBDIVISION ONE OF SECTION 39.03 OF THE PARKS, RECREATION
 AND HISTORIC PRESERVATION LAW.
   (B) A STATE AGENCY, BY REGULATION  OR  ORDER,  AND  A  CITY,  TOWN  OR
 VILLAGE, BY LOCAL LAW OR ORDINANCE, MAY DESIGNATE ANY APPROPRIATE PUBLIC
 LANDS  AND PROPERTIES UNDER ITS JURISDICTION, OTHER THAN HIGHWAYS EXCLU-
 SIVE OF ANY GREENWAY RUNNING ADJACENT TO OR CONNECTED WITH A HIGHWAY, AS
 A PLACE OPEN FOR TRAVEL BY ELECTRIC SCOOTERS UPON  WRITTEN  REQUEST  FOR
 SUCH  DESIGNATION  BY ANY PERSON, AND MAY IMPOSE RESTRICTIONS AND CONDI-
 TIONS FOR THE REGULATION AND SAFE OPERATION OF ELECTRIC SCOOTERS ON SUCH
 PUBLIC LANDS OR PROPERTY, SUCH AS TRAVEL ON DESIGNATED TRAILS AND  HOURS
 OF OPERATION.
   9.  (A)  NO  PERSON,  FIRM,  ASSOCIATION OR CORPORATION ENGAGED IN THE
 BUSINESS OF SELLING OR LEASING ELECTRIC SCOOTERS SHALL SELL OR LEASE ANY
 ELECTRIC SCOOTER ON OR AFTER JUNE FIRST, TWO THOUSAND TWENTY-TWO  UNLESS
 SUCH  ELECTRIC  SCOOTER  HAS PERMANENTLY AFFIXED THERETO, IN A PROMINENT
 LOCATION, A MANUFACTURER'S  LABEL  WHICH  SHALL  INCLUDE  THE  FOLLOWING
 INFORMATION: THE MAXIMUM MOTOR-ASSISTED SPEED, THE NUMBER OF PERSONS FOR
 WHICH  SUCH ELECTRIC SCOOTER IS DESIGNED AND EQUIPPED, AND MOTOR WATTAGE
 OF SUCH ELECTRIC SCOOTER. MANUFACTURERS  AND  DISTRIBUTORS  OF  ELECTRIC
 SCOOTERS  SHALL,  BY  APRIL  FIRST, TWO THOUSAND TWENTY-TWO, ESTABLISH A
 PROCESS BY WHICH AN OWNER OF AN ELECTRIC SCOOTER MAY REQUEST AND  OBTAIN
 A  MANUFACTURER'S  LABEL PROVIDING THE MAXIMUM MOTOR-ASSISTED SPEED, THE
 NUMBER OF PERSONS FOR  WHICH  SUCH  ELECTRIC  SCOOTER  IS  DESIGNED  AND
 EQUIPPED,  AND  MOTOR  WATTAGE APPLICABLE TO HIS OR HER ELECTRIC SCOOTER

 S. 7508--B                         86                         A. 9508--B
 
 PURCHASED PRIOR TO JUNE FIRST, TWO THOUSAND TWENTY-TWO AND  INSTALLATION
 INSTRUCTIONS FROM SUCH MANUFACTURERS AND DISTRIBUTORS.
   (B)  NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER ON ANY PUBLIC HIGHWAY
 OR STREET IN THIS STATE AFTER JUNE FIRST, TWO THOUSAND TWENTY-TWO UNLESS
 SUCH ELECTRIC SCOOTER HAS PERMANENTLY AFFIXED THERETO,  IN  A  PROMINENT
 LOCATION,  A  MANUFACTURER'S  LABEL PROVIDING THE MAXIMUM MOTOR-ASSISTED
 SPEED, THE NUMBER OF PERSONS FOR WHICH SUCH ELECTRIC SCOOTER IS DESIGNED
 AND EQUIPPED, AND MOTOR WATTAGE OF SUCH ELECTRIC SCOOTER. ANY PERSON WHO
 VIOLATES THE PROVISIONS OF THIS PARAGRAPH SHALL BE PUNISHED BY  A  CIVIL
 FINE  OF UP TO FIFTY DOLLARS. THE COURT SHALL WAIVE ANY FINE FOR WHICH A
 PERSON WHO VIOLATES THE PROVISIONS OF THIS PARAGRAPH WOULD BE LIABLE  IF
 SUCH  PERSON  SUPPLIES  THE  COURT  WITH PROOF THAT, BETWEEN THE DATE ON
 WHICH HE OR SHE IS CHARGED WITH HAVING VIOLATED THIS PARAGRAPH  AND  THE
 APPEARANCE  DATE  FOR SUCH VIOLATION, A MANUFACTURER'S LABEL WAS AFFIXED
 TO HIS OR HER ELECTRIC SCOOTER AS REQUIRED BY THIS PARAGRAPH.  PROVIDED,
 HOWEVER,  THAT SUCH WAIVER OF FINE SHALL NOT APPLY TO A SECOND OR SUBSE-
 QUENT CONVICTION UNDER THIS PARAGRAPH.
   10. (A) THE GOVERNING BODY OF ANY CITY, TOWN OR VILLAGE MAY, BY  LOCAL
 LAW, ORDINANCE, ORDER, RULE OR REGULATION, AUTHORIZE AND REGULATE SHARED
 ELECTRIC  SCOOTER  SYSTEMS  WITHIN  SUCH  CITY, TOWN OR VILLAGE. NO SUCH
 SHARED SYSTEMS SHALL OPERATE WITHIN A CITY, TOWN OR  VILLAGE  EXCEPT  AS
 AUTHORIZED  BY SUCH LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION.  NO
 SUCH SHARED ELECTRIC SCOOTER SYSTEM SHALL OPERATE ON PUBLIC HIGHWAYS  IN
 A  COUNTY  WITH  A  POPULATION  OF NO LESS THAN ONE MILLION FIVE HUNDRED
 EIGHTY-FIVE THOUSAND AND NO MORE THAN ONE MILLION FIVE  HUNDRED  EIGHTY-
 SEVEN  THOUSAND  AS  OF  THE TWO THOUSAND TEN DECENNIAL CENSUS.  FOR THE
 PURPOSES OF THIS SUBDIVISION, THE TERM SHARED  ELECTRIC  SCOOTER  SYSTEM
 SHALL  MEAN  A  NETWORK  OF SELF-SERVICE AND PUBLICLY AVAILABLE ELECTRIC
 SCOOTERS, AND RELATED INFRASTRUCTURE, IN WHICH AN ELECTRIC SCOOTER  TRIP
 BEGINS AND/OR ENDS ON ANY PUBLIC HIGHWAY.
   (B)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW TO THE CONTRARY, ALL
 TRIP DATA, PERSONAL INFORMATION,  IMAGES,  VIDEOS,  AND  OTHER  RECORDED
 IMAGES  COLLECTED BY ANY SHARED ELECTRIC SCOOTER SYSTEM WHICH IS AUTHOR-
 IZED TO OPERATE WITHIN A CITY, TOWN OR VILLAGE PURSUANT TO THIS SECTION:
 (I) SHALL BE FOR THE EXCLUSIVE  USE  OF  SUCH  SHARED  ELECTRIC  SCOOTER
 SYSTEM  AND  SHALL  NOT BE SOLD, DISTRIBUTED OR OTHERWISE MADE AVAILABLE
 FOR ANY COMMERCIAL PURPOSE AND (II) SHALL NOT BE DISCLOSED OR  OTHERWISE
 MADE  ACCESSIBLE  EXCEPT:  (1)  TO THE PERSON WHO IS THE SUBJECT OF SUCH
 DATA, INFORMATION OR RECORD; OR (2) IF NECESSARY TO COMPLY WITH A LAWFUL
 COURT ORDER, JUDICIAL WARRANT SIGNED BY A JUDGE  APPOINTED  PURSUANT  TO
 ARTICLE  III OF THE UNITED STATES CONSTITUTION, OR SUBPOENA FOR INDIVID-
 UAL DATA, INFORMATION OR RECORDS PROPERLY ISSUED PURSUANT TO THE  CRIMI-
 NAL  PROCEDURE LAW OR THE CIVIL PRACTICE LAW AND RULES. PROVIDED, HOWEV-
 ER, THAT NOTHING CONTAINED IN THIS PARAGRAPH SHALL BE DEEMED TO PRECLUDE
 THE EXCHANGE OF SUCH DATA, INFORMATION OR RECORDED IMAGES SOLELY FOR THE
 PURPOSE OF ADMINISTERING SUCH AUTHORIZED SHARED SYSTEM.
   FOR THE PURPOSES OF THIS  SUBDIVISION,  "PERSONAL  INFORMATION"  SHALL
 MEAN INFORMATION THAT IDENTIFIES AN INDIVIDUAL, INCLUDING BUT NOT LIMIT-
 ED  TO NAME, ADDRESS, TELEPHONE NUMBER, AND THE TYPE AND FORM OF PAYMENT
 INCLUDING CREDIT CARD NUMBER, DEBIT CARD NUMBER, OR OTHER PAYMENT  METH-
 OD.
   11.  A  VIOLATION  OF  THE  PROVISIONS OF SUBDIVISION ONE, TWO, THREE,
 FOUR, SIX, OR SEVEN OF THIS SECTION SHALL RESULT IN A CIVIL FINE NOT  TO
 EXCEED FIFTY DOLLARS.
   12.  A  POLICE  OFFICER  SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
 THIS SECTION BY A PERSON LESS THAN SIXTEEN YEARS OF AGE TO THE PARENT OR

 S. 7508--B                         87                         A. 9508--B
 
 GUARDIAN OF SUCH PERSON IF THE VIOLATION BY SUCH PERSON  OCCURS  IN  THE
 PRESENCE  OF  SUCH  PERSON'S PARENT OR GUARDIAN AND WHERE SUCH PARENT OR
 GUARDIAN IS EIGHTEEN YEARS OF AGE OR MORE. SUCH SUMMONS  SHALL  ONLY  BE
 ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL NOT BE ISSUED TO THE PERSON
 LESS THAN SIXTEEN YEARS OF AGE.
   §  1283.  CLINGING  TO  VEHICLES.  1.  NO PERSON OPERATING AN ELECTRIC
 SCOOTER SHALL ATTACH SUCH SCOOTER, OR HIMSELF OR HERSELF, TO ANY VEHICLE
 BEING OPERATED UPON A ROADWAY.
   2. NO VEHICLE OPERATOR SHALL KNOWINGLY PERMIT ANY PERSON TO ATTACH ANY
 ELECTRIC SCOOTER, OR HIMSELF OR HERSELF, TO SUCH OPERATOR'S  VEHICLE  IN
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
   §  1284. RIDING ON ROADWAYS, SHOULDERS, AND LANES RESERVED FOR NON-MO-
 TORIZED VEHICLES AND DEVICES. 1. UPON ALL ROADWAYS, ANY ELECTRIC SCOOTER
 SHALL BE OPERATED EITHER ON A USABLE BICYCLE OR IN-LINE SKATE  LANE  OR,
 IF  A  USABLE  BICYCLE OR IN-LINE SKATE LANE HAS NOT BEEN PROVIDED, NEAR
 THE RIGHT-HAND CURB OR EDGE OF THE ROADWAY OR UPON A  USABLE  RIGHT-HAND
 SHOULDER IN SUCH A MANNER AS TO PREVENT UNDUE INTERFERENCE WITH THE FLOW
 OF  TRAFFIC  EXCEPT  WHEN  PREPARING  FOR A LEFT TURN OR WHEN REASONABLY
 NECESSARY TO AVOID CONDITIONS THAT WOULD  MAKE  IT  UNSAFE  TO  CONTINUE
 ALONG  NEAR  THE  RIGHT-HAND  CURB  OR EDGE. CONDITIONS TO BE TAKEN INTO
 CONSIDERATION INCLUDE, BUT ARE NOT LIMITED TO, FIXED OR MOVING  OBJECTS,
 VEHICLES,   BICYCLES,  IN-LINE  SKATES,  PEDESTRIANS,  ANIMALS,  SURFACE
 HAZARDS OR TRAFFIC LANES TOO NARROW FOR A PERSON OPERATING  AN  ELECTRIC
 SCOOTER AND A VEHICLE TO TRAVEL SAFELY SIDE-BY-SIDE WITHIN THE LANE.
   2.  PERSONS  OPERATING  ELECTRIC  SCOOTERS  UPON  A ROADWAY SHALL RIDE
 SINGLE FILE. PERSONS OPERATING ELECTRIC SCOOTERS UPON A SHOULDER,  BICY-
 CLE OR IN-LINE SKATE LANE, OR BICYCLE OR IN-LINE SKATE PATH INTENDED FOR
 THE USE OF BICYCLES, IN-LINE SKATES OR ELECTRIC SCOOTERS MAY RIDE TWO OR
 MORE  ABREAST IF SUFFICIENT SPACE IS AVAILABLE, EXCEPT THAT WHEN PASSING
 A VEHICLE, BICYCLE, ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE,  PERSON
 ON IN-LINE SKATES OR PEDESTRIAN STANDING OR PROCEEDING ALONG SUCH SHOUL-
 DER,  LANE  OR  PATH,  PERSONS OPERATING ELECTRIC SCOOTERS SHALL OPERATE
 SUCH SCOOTERS SINGLE FILE.
   3. ANY PERSON OPERATING AN ELECTRIC SCOOTER WHO IS ENTERING A  ROADWAY
 FROM A PRIVATE ROAD, DRIVEWAY, ALLEY OR OVER A CURB SHALL COME TO A FULL
 STOP BEFORE ENTERING THE ROADWAY.
   §  1285.  LAMPS AND OTHER EQUIPMENT. 1. EVERY ELECTRIC SCOOTER WHEN IN
 USE DURING THE PERIOD FROM ONE-HALF HOUR AFTER SUNSET TO  ONE-HALF  HOUR
 BEFORE  SUNRISE  SHALL  BE EQUIPPED WITH A LAMP ON THE FRONT WHICH SHALL
 EMIT A WHITE LIGHT VISIBLE DURING HOURS OF DARKNESS FROM A  DISTANCE  OF
 AT  LEAST FIVE HUNDRED FEET TO THE FRONT AND WITH A RED LIGHT VISIBLE TO
 THE REAR FOR THREE HUNDRED FEET. AT LEAST ONE SUCH LIGHT SHALL BE  VISI-
 BLE FOR TWO HUNDRED FEET FROM EACH SIDE.
   2.  NO PERSON SHALL OPERATE AN ELECTRIC SCOOTER UNLESS SUCH SCOOTER IS
 EQUIPPED WITH A BELL OR OTHER DEVICE CAPABLE OF GIVING A SIGNAL  AUDIBLE
 FOR  A  DISTANCE  OF  AT LEAST ONE HUNDRED FEET, EXCEPT THAT AN ELECTRIC
 SCOOTER SHALL NOT BE EQUIPPED WITH NOR SHALL  ANY  PERSON  USE  UPON  AN
 ELECTRIC SCOOTER ANY SIREN OR WHISTLE.
   3.  EVERY ELECTRIC SCOOTER SHALL BE EQUIPPED WITH A BRAKE THAT ENABLES
 THE OPERATOR TO BRING THE ELECTRIC SCOOTER TO A CONTROLLED STOP.
   § 1286.  OPERATORS TO WEAR PROTECTIVE HEADGEAR. 1. NO  PERSON  SIXTEEN
 OR  SEVENTEEN  YEARS OF AGE SHALL RIDE UPON, PROPEL OR OTHERWISE OPERATE
 AN ELECTRIC SCOOTER UNLESS SUCH PERSON IS WEARING A HELMET MEETING STAN-
 DARDS ESTABLISHED BY THE COMMISSIONER  PURSUANT  TO  THE  PROVISIONS  OF
 SUBDIVISION  TWO-A OF SECTION TWELVE HUNDRED THIRTY-EIGHT OF THIS TITLE.
 AS USED IN THIS SUBDIVISION, WEARING A HELMET MEANS  HAVING  A  PROPERLY

 S. 7508--B                         88                         A. 9508--B
 
 FITTING HELMET FIXED SECURELY ON THE HEAD OF SUCH WEARER WITH THE HELMET
 STRAPS SECURELY FASTENED.
   2.  ANY  PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION ONE OF THIS
 SECTION SHALL PAY A CIVIL FINE NOT TO EXCEED FIFTY DOLLARS.
   3. THE COURT SHALL WAIVE ANY FINE FOR WHICH A PERSON WHO VIOLATES  THE
 PROVISIONS  OF  SUBDIVISION  ONE OF THIS SECTION WOULD BE LIABLE IF SUCH
 PERSON SUPPLIES THE COURT WITH PROOF THAT BETWEEN THE DATE OF  VIOLATION
 AND  THE  APPEARANCE  DATE  FOR  SUCH VIOLATION SUCH PERSON PURCHASED OR
 RENTED A HELMET, WHICH MEETS THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
 SECTION, OR IF THE COURT FINDS THAT DUE TO REASONS OF ECONOMIC  HARDSHIP
 SUCH  PERSON  WAS  UNABLE  TO  PURCHASE A HELMET OR DUE TO SUCH ECONOMIC
 HARDSHIP SUCH PERSON WAS UNABLE TO OBTAIN A HELMET  FROM  THE  STATEWIDE
 IN-LINE SKATE AND BICYCLE HELMET DISTRIBUTION PROGRAM, AS ESTABLISHED IN
 SECTION TWO HUNDRED SIX OF THE PUBLIC HEALTH LAW OR A LOCAL DISTRIBUTION
 PROGRAM.  SUCH  WAIVER OF FINE SHALL NOT APPLY TO A SECOND OR SUBSEQUENT
 VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
   4. 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.
   § 1287. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
 WITHOUT REPORTING IN THE SECOND DEGREE. 1. ANY PERSON AGE EIGHTEEN YEARS
 OR  OLDER  OPERATING AN ELECTRIC SCOOTER WHO, KNOWING OR HAVING CAUSE TO
 KNOW, THAT PHYSICAL INJURY, AS DEFINED IN SUBDIVISION  NINE  OF  SECTION
 10.00  OF  THE  PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE TO THE
 OPERATION OF SUCH ELECTRIC SCOOTER BY SUCH PERSON, SHALL, BEFORE LEAVING
 THE PLACE WHERE SUCH PHYSICAL INJURY OCCURRED, STOP, AND PROVIDE HIS  OR
 HER  NAME  AND  RESIDENCE,  INCLUDING  STREET  AND STREET NUMBER, TO THE
 INJURED PARTY, IF PRACTICAL, AND ALSO TO A POLICE  OFFICER,  OR  IN  THE
 EVENT  THAT  NO  POLICE  OFFICER IS IN THE VICINITY OF THE PLACE OF SAID
 INJURY, THEN SUCH PERSON SHALL REPORT SUCH INCIDENT  AS  SOON  AS  PHYS-
 ICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFICER.
   2.  LEAVING  THE  SCENE  OF  AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
 WITHOUT REPORTING IN THE SECOND DEGREE IS A VIOLATION.
   § 1288. LEAVING THE SCENE OF AN INCIDENT INVOLVING AN ELECTRIC SCOOTER
 WITHOUT REPORTING IN THE FIRST DEGREE. 1. ANY PERSON AGE EIGHTEEN  YEARS
 OR  OLDER  OPERATING AN ELECTRIC SCOOTER WHO, KNOWING OR HAVING CAUSE TO
 KNOW, THAT SERIOUS PHYSICAL INJURY, AS DEFINED  IN  SUBDIVISION  TEN  OF
 SECTION  10.00  OF THE PENAL LAW, HAS BEEN CAUSED TO ANOTHER PERSON, DUE
 TO THE OPERATION OF SUCH ELECTRIC SCOOTER BY SUCH PERSON, SHALL,  BEFORE
 LEAVING THE PLACE WHERE SUCH SERIOUS PHYSICAL INJURY OCCURRED, STOP, AND
 PROVIDE  HIS  OR  HER  NAME  AND  RESIDENCE, INCLUDING STREET AND STREET
 NUMBER, TO THE INJURED PARTY, IF PRACTICAL, AND ALSO TO A  POLICE  OFFI-
 CER,  OR  IN  THE EVENT THAT NO POLICE OFFICER IS IN THE VICINITY OF THE
 PLACE OF SAID INJURY, THEN SUCH PERSON SHALL  REPORT  SAID  INCIDENT  AS
 SOON  AS PHYSICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFI-
 CER.
   2. LEAVING THE SCENE OF AN  INCIDENT  INVOLVING  AN  ELECTRIC  SCOOTER
 WITHOUT REPORTING IN THE FIRST DEGREE IS A CLASS B MISDEMEANOR.
   §  1289. OPERATION OF AN ELECTRIC SCOOTER WHILE UNDER THE INFLUENCE OF
 ALCOHOL OR DRUGS. 1. OFFENSES;  CRIMINAL  PENALTIES.  (A)  OPERATING  AN
 ELECTRIC  SCOOTER  WHILE  ABILITY  IMPAIRED.  NO PERSON SHALL OPERATE AN
 ELECTRIC SCOOTER WHILE THE PERSON'S ABILITY  TO  OPERATE  SUCH  ELECTRIC
 SCOOTER IS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.

 S. 7508--B                         89                         A. 9508--B
 
   (I)  A  VIOLATION  OF THIS PARAGRAPH SHALL BE A TRAFFIC INFRACTION AND
 SHALL BE PUNISHABLE BY A FINE OF NOT MORE THAN THREE HUNDRED DOLLARS, OR
 BY IMPRISONMENT IN A PENITENTIARY OR  COUNTY  JAIL  FOR  NOT  MORE  THAN
 FIFTEEN DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   (II)  A  PERSON  WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF THIS
 PARAGRAPH AFTER HAVING BEEN CONVICTED OF A VIOLATION OF ANY PARAGRAPH OF
 THIS SUBDIVISION WITHIN THE PRECEDING FIVE YEARS SHALL BE PUNISHED BY  A
 FINE OF NOT MORE THAN SEVEN HUNDRED FIFTY DOLLARS, OR BY IMPRISONMENT OF
 NOT  MORE  THAN  THIRTY DAYS IN A PENITENTIARY OR COUNTY JAIL OR BY BOTH
 SUCH FINE AND IMPRISONMENT.
   (III) A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION  OF  THIS
 PARAGRAPH  AFTER BEING CONVICTED TWO OR MORE TIMES OF A VIOLATION OF ANY
 PARAGRAPH OF THIS SUBDIVISION WITHIN THE PRECEDING TEN  YEARS  SHALL  BE
 GUILTY  OF  A  MISDEMEANOR,  AND SHALL BE PUNISHED BY A FINE OF NOT MORE
 THAN ONE THOUSAND DOLLARS, OR BY  IMPRISONMENT  OF  NOT  MORE  THAN  ONE
 HUNDRED  EIGHTY  DAYS  IN  A PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH
 FINE AND IMPRISONMENT.
   (B) OPERATING AN ELECTRIC SCOOTER  WHILE  INTOXICATED;  PER  SE.    NO
 PERSON  SHALL  OPERATE  AN ELECTRIC SCOOTER WHILE SUCH PERSON HAS .08 OF
 ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN  THE  PERSON'S  BLOOD  AS
 SHOWN  BY  CHEMICAL  ANALYSIS  OF  SUCH PERSON'S BLOOD, BREATH, URINE OR
 SALIVA, MADE PURSUANT TO THE PROVISIONS  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION.
   (C)  OPERATING AN ELECTRIC SCOOTER WHILE INTOXICATED.  NO PERSON SHALL
 OPERATE AN ELECTRIC SCOOTER WHILE IN AN INTOXICATED CONDITION.
   (D) OPERATING AN ELECTRIC SCOOTER WHILE ABILITY IMPAIRED BY DRUGS.  NO
 PERSON  SHALL  OPERATE AN ELECTRIC SCOOTER WHILE THE PERSON'S ABILITY TO
 OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED  BY  THE  USE  OF  A  DRUG  AS
 DEFINED IN THIS CHAPTER.
   (E)  OPERATING  AN  ELECTRIC  SCOOTER  WHILE  ABILITY  IMPAIRED BY THE
 COMBINED INFLUENCE OF DRUGS OR OF ALCOHOL AND ANY DRUG  OR  DRUGS.    NO
 PERSON  SHALL  OPERATE AN ELECTRIC SCOOTER WHILE THE PERSON'S ABILITY TO
 OPERATE SUCH ELECTRIC SCOOTER IS IMPAIRED BY THE COMBINED  INFLUENCE  OF
 DRUGS OR OF ALCOHOL AND ANY DRUG OR DRUGS.
   (F) PENALTY. (I) A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF THIS
 SUBDIVISION  SHALL BE A MISDEMEANOR AND SHALL BE PUNISHABLE BY A FINE OF
 NOT MORE THAN FIVE HUNDRED DOLLARS, OR BY IMPRISONMENT IN A PENITENTIARY
 OR COUNTY JAIL FOR NOT MORE THAN ONE YEAR, OR  BY  BOTH  SUCH  FINE  AND
 IMPRISONMENT.
   (II)  A  PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF PARA-
 GRAPH (B), (C), (D)  OR  (E)  OF  THIS  SUBDIVISION  AFTER  HAVING  BEEN
 CONVICTED  OF  A  VIOLATION  OF  PARAGRAPH  (B), (C), (D) OR (E) OF THIS
 SUBDIVISION WITHIN THE PRECEDING TEN YEARS SHALL BE GUILTY OF A CLASS  E
 FELONY,  AND  SHALL  BE PUNISHED BY A FINE OF NOT MORE THAN ONE THOUSAND
 DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN THE PENAL LAW,  OR
 BY BOTH SUCH FINE AND IMPRISONMENT.
   (III)  A PERSON WHO OPERATES AN ELECTRIC SCOOTER IN VIOLATION OF PARA-
 GRAPH (B), (C), (D)  OR  (E)  OF  THIS  SUBDIVISION  AFTER  HAVING  BEEN
 CONVICTED  OF  A  VIOLATION  OF  PARAGRAPH  (B), (C), (D) OR (E) OF THIS
 SUBDIVISION TWO OR MORE TIMES WITHIN THE PRECEDING TEN  YEARS  SHALL  BE
 GUILTY  OF A CLASS E FELONY, AND SHALL BE PUNISHED BY A FINE OF NOT MORE
 THAN FOUR THOUSAND DOLLARS OR BY A PERIOD OF IMPRISONMENT AS PROVIDED IN
 THE PENAL LAW, OR BY BOTH SUCH FINE AND IMPRISONMENT.
   2. CERTAIN SENTENCES PROHIBITED. NOTWITHSTANDING ANY PROVISIONS OF THE
 PENAL LAW, NO JUDGE OR MAGISTRATE SHALL IMPOSE A  SENTENCE  OF  UNCONDI-

 S. 7508--B                         90                         A. 9508--B
 
 TIONAL  DISCHARGE  FOR  A VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF
 SUBDIVISION ONE OF THIS SECTION.
   3.  SENTENCING:  PREVIOUS  CONVICTIONS. WHEN SENTENCING A PERSON FOR A
 VIOLATION OF PARAGRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE  OF  THIS
 SECTION  PURSUANT  TO  SUBPARAGRAPH (II) OF PARAGRAPH (F) OF SUBDIVISION
 ONE OF THIS SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS  THE
 PERSON  MAY HAVE FOR A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR,
 OR FOUR-A OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN  THE
 PRECEDING  TEN  YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF PARA-
 GRAPH (B), (C), (D) OR (E) OF SUBDIVISION ONE OF THIS  SECTION  PURSUANT
 TO  SUBPARAGRAPH  (III)  OF  PARAGRAPH  (F)  OF  SUBDIVISION ONE OF THIS
 SECTION, THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE  PERSON  MAY
 HAVE  FOR  A VIOLATION OF SUBDIVISION TWO, TWO-A, THREE, FOUR, OR FOUR-A
 OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITHIN THE  PRECEDING
 TEN YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF SUBPARAGRAPH (II)
 OF  PARAGRAPH  (A)  OF  SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL
 CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR  A  VIOLATION  OF
 ANY SUBDIVISION OF SECTION ELEVEN HUNDRED NINETY-TWO OF THIS TITLE WITH-
 IN THE PRECEDING FIVE YEARS. WHEN SENTENCING A PERSON FOR A VIOLATION OF
 SUBPARAGRAPH  (III) OF PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,
 THE COURT SHALL CONSIDER ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A
 VIOLATION OF ANY SUBDIVISION OF SECTION  ELEVEN  HUNDRED  NINETY-TWO  OF
 THIS TITLE WITHIN THE PRECEDING TEN YEARS.
   4.   ARREST   AND  FIELD  TESTING.  (A)  ARREST.  NOTWITHSTANDING  THE
 PROVISIONS OF SECTION 140.10 OF THE CRIMINAL  PROCEDURE  LAW,  A  POLICE
 OFFICER  MAY, WITHOUT A WARRANT, ARREST A PERSON, IN CASE OF A VIOLATION
 OF ANY PARAGRAPH OF SUBDIVISION ONE OF THIS SECTION, IF  SUCH  VIOLATION
 IS  COUPLED  WITH  AN  ACCIDENT  OR  COLLISION  IN  WHICH SUCH PERSON IS
 INVOLVED, WHICH IN FACT HAD BEEN COMMITTED, THOUGH  NOT  IN  THE  POLICE
 OFFICER'S  PRESENCE,  WHEN  THE  OFFICER HAS REASONABLE CAUSE TO BELIEVE
 THAT THE VIOLATION WAS COMMITTED BY SUCH PERSON.  FOR  THE  PURPOSES  OF
 THIS  SUBDIVISION,  POLICE  OFFICER  SHALL  ALSO INCLUDE A PEACE OFFICER
 AUTHORIZED TO ENFORCE THIS CHAPTER WHEN THE  ALLEGED  VIOLATION  CONSTI-
 TUTES A CRIME.
   (B)  FIELD  TESTING.  EVERY PERSON OPERATING AN ELECTRIC SCOOTER WHICH
 HAS BEEN INVOLVED IN AN ACCIDENT SHALL, AT THE REQUEST OF A POLICE OFFI-
 CER, SUBMIT TO A BREATH TEST TO BE ADMINISTERED BY THE  POLICE  OFFICER.
 IF  SUCH  TEST  INDICATES  THAT  SUCH OPERATOR HAS CONSUMED ALCOHOL, THE
 POLICE OFFICER MAY REQUEST SUCH OPERATOR TO SUBMIT TO A CHEMICAL TEST IN
 THE MANNER SET FORTH IN SUBDIVISION FIVE OF THIS SECTION.
   5. CHEMICAL TESTS; WHEN AUTHORIZED. A POLICE OFFICER MAY  REQUEST  ANY
 PERSON  WHO  OPERATES  AN ELECTRIC SCOOTER IN THIS STATE TO CONSENT TO A
 CHEMICAL TEST OF ONE OR MORE OF THE FOLLOWING: BREATH, BLOOD, URINE,  OR
 SALIVA, FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC AND/OR DRUG CONTENT
 OF  SUCH  PERSON'S BLOOD, PROVIDED THAT SUCH TEST IS ADMINISTERED AT THE
 DIRECTION OF A POLICE OFFICER WITH RESPECT TO A CHEMICAL TEST OF BREATH,
 URINE OR SALIVA OR, WITH RESPECT TO A CHEMICAL TEST  OF  BLOOD,  AT  THE
 DIRECTION  OF A POLICE OFFICER: (A) HAVING REASONABLE GROUNDS TO BELIEVE
 SUCH PERSON TO HAVE BEEN OPERATING IN VIOLATION OF PARAGRAPH  (A),  (B),
 (C),  (D) OR (E) OF SUBDIVISION ONE OF THIS SECTION AND WITHIN TWO HOURS
 AFTER SUCH PERSON HAS BEEN PLACED UNDER ARREST FOR ANY  SUCH  VIOLATION;
 OR  (B)  WITHIN  TWO HOURS AFTER A BREATH TEST, AS PROVIDED IN PARAGRAPH
 (B) OF SUBDIVISION FOUR OF THIS SECTION, INDICATES THAT ALCOHOL HAS BEEN
 CONSUMED BY SUCH PERSON AND IN ACCORDANCE WITH THE RULES AND REGULATIONS
 ESTABLISHED BY THE POLICE FORCE OF WHICH THE OFFICER IS A MEMBER.

 S. 7508--B                         91                         A. 9508--B

   6. TESTING PROCEDURES. (A) PERSONS AUTHORIZED TO WITHDRAW BLOOD; IMMU-
 NITY; TESTIMONY. (I) AT THE REQUEST OF A POLICE OFFICER,  THE  FOLLOWING
 PERSONS  MAY WITHDRAW BLOOD FOR THE PURPOSE OF DETERMINING THE ALCOHOLIC
 OR DRUG CONTENT THEREIN: (A)  A  PHYSICIAN,  A  REGISTERED  PROFESSIONAL
 NURSE, A REGISTERED PHYSICIAN ASSISTANT, A CERTIFIED NURSE PRACTITIONER,
 OR  AN ADVANCED EMERGENCY MEDICAL TECHNICIAN AS CERTIFIED BY THE DEPART-
 MENT OF HEALTH; OR (B) UNDER THE SUPERVISION AND AT THE DIRECTION  OF  A
 PHYSICIAN, REGISTERED PHYSICIAN ASSISTANT OR CERTIFIED NURSE PRACTITION-
 ER  ACTING  WITHIN  HIS  OR  HER  LAWFUL  SCOPE OF PRACTICE, OR UPON THE
 EXPRESS CONSENT OF THE PERSON EIGHTEEN YEARS OF AGE OR OLDER  FROM  WHOM
 SUCH BLOOD IS TO BE WITHDRAWN: A CLINICAL LABORATORY TECHNICIAN OR CLIN-
 ICAL  LABORATORY  TECHNOLOGIST  LICENSED PURSUANT TO ARTICLE ONE HUNDRED
 SIXTY-FIVE OF THE EDUCATION LAW; A PHLEBOTOMIST; OR A MEDICAL LABORATORY
 TECHNICIAN OR MEDICAL TECHNOLOGIST EMPLOYED  BY  A  CLINICAL  LABORATORY
 APPROVED UNDER TITLE FIVE OF ARTICLE FIVE OF THE PUBLIC HEALTH LAW. THIS
 LIMITATION  SHALL  NOT  APPLY TO THE TAKING OF A URINE, SALIVA OR BREATH
 SPECIMEN.
   (II) NO PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO SUBPARAGRAPH ONE
 OF THIS PARAGRAPH OR  HOSPITAL  EMPLOYING  SUCH  PERSON,  AND  NO  OTHER
 EMPLOYER OF SUCH PERSON SHALL BE SUED OR HELD LIABLE FOR ANY ACT DONE OR
 OMITTED  IN  THE  COURSE OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE
 OFFICER PURSUANT TO THIS SECTION.
   (III) ANY PERSON WHO MAY HAVE A CAUSE OF ACTION ARISING FROM THE WITH-
 DRAWAL OF BLOOD AS AFORESAID, FOR WHICH  NO  PERSONAL  LIABILITY  EXISTS
 UNDER  SUBPARAGRAPH  (II)  OF  THIS  PARAGRAPH, MAY MAINTAIN SUCH ACTION
 AGAINST THE STATE IF ANY PERSON ENTITLED TO WITHDRAW BLOOD  PURSUANT  TO
 THIS  PARAGRAPH ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY THE
 STATE, OR AGAINST THE APPROPRIATE POLITICAL SUBDIVISION OF THE STATE  IF
 SUCH PERSON ACTED AT THE REQUEST OF A POLICE OFFICER EMPLOYED BY A POLI-
 TICAL  SUBDIVISION  OF THE STATE. NO ACTION SHALL BE MAINTAINED PURSUANT
 TO THIS SUBPARAGRAPH UNLESS NOTICE OF CLAIM IS DULY FILED OR  SERVED  IN
 COMPLIANCE WITH LAW.
   (IV)  NOTWITHSTANDING  SUBPARAGRAPHS (I), (II) AND (III) OF THIS PARA-
 GRAPH AN ACTION MAY BE MAINTAINED BY THE STATE OR A  POLITICAL  SUBDIVI-
 SION  THEREOF  AGAINST  A  PERSON ENTITLED TO WITHDRAW BLOOD PURSUANT TO
 SUBPARAGRAPH (I) OF THIS PARAGRAPH OR HOSPITAL EMPLOYING SUCH PERSON FOR
 WHOSE ACT OR OMISSION THE STATE OR THE POLITICAL  SUBDIVISION  HAS  BEEN
 HELD  LIABLE  UNDER THIS PARAGRAPH TO RECOVER DAMAGES, NOT EXCEEDING THE
 AMOUNT AWARDED TO THE CLAIMANT, THAT MAY  HAVE  BEEN  SUSTAINED  BY  THE
 STATE  OR THE POLITICAL SUBDIVISION BY REASON OF GROSS NEGLIGENCE OR BAD
 FAITH ON THE PART OF SUCH PERSON.
   (V) THE TESTIMONY OF ANY PERSON OTHER THAN A  PHYSICIAN,  ENTITLED  TO
 WITHDRAW  BLOOD  PURSUANT  TO  SUBPARAGRAPH  (I)  OF  THIS PARAGRAPH, IN
 RESPECT TO ANY SUCH WITHDRAWAL OF BLOOD  MADE  BY  SUCH  PERSON  MAY  BE
 RECEIVED  IN  EVIDENCE WITH THE SAME WEIGHT, FORCE AND EFFECT AS IF SUCH
 WITHDRAWAL OF BLOOD WERE MADE BY A PHYSICIAN.
   (VI) THE PROVISIONS OF SUBPARAGRAPHS (II),  (III)  AND  (IV)  OF  THIS
 PARAGRAPH  SHALL  ALSO  APPLY  WITH  REGARD  TO ANY PERSON EMPLOYED BY A
 HOSPITAL AS SECURITY PERSONNEL FOR ANY ACT DONE OR OMITTED IN THE COURSE
 OF WITHDRAWING BLOOD AT THE REQUEST OF A POLICE OFFICER PURSUANT TO THIS
 SECTION.
   (B) RIGHT TO ADDITIONAL TEST. THE PERSON TESTED SHALL BE PERMITTED  TO
 CHOOSE  A PHYSICIAN TO ADMINISTER A CHEMICAL TEST IN ADDITION TO THE ONE
 ADMINISTERED AT THE DIRECTION OF THE POLICE OFFICER.
   (C) RULES AND REGULATIONS. THE DEPARTMENT OF HEALTH  SHALL  ISSUE  AND
 FILE  RULES AND REGULATIONS APPROVING SATISFACTORY TECHNIQUES OR METHODS

 S. 7508--B                         92                         A. 9508--B
 
 OF CONDUCTING CHEMICAL ANALYSES OF A PERSON'S BLOOD,  URINE,  BREATH  OR
 SALIVA AND TO ASCERTAIN THE QUALIFICATIONS AND COMPETENCE OF INDIVIDUALS
 TO  CONDUCT  AND SUPERVISE CHEMICAL ANALYSES OF A PERSON'S BLOOD, URINE,
 BREATH  OR SALIVA. IF THE ANALYSES WERE MADE BY AN INDIVIDUAL POSSESSING
 A PERMIT ISSUED BY THE DEPARTMENT OF HEALTH, THIS SHALL  BE  PRESUMPTIVE
 EVIDENCE THAT THE EXAMINATION WAS PROPERLY GIVEN. THE PROVISIONS OF THIS
 PARAGRAPH  DO  NOT  PROHIBIT THE INTRODUCTION AS EVIDENCE OF AN ANALYSIS
 MADE BY AN INDIVIDUAL OTHER THAN A PERSON POSSESSING A PERMIT ISSUED  BY
 THE DEPARTMENT OF HEALTH.
   7.  CHEMICAL  TEST  EVIDENCE. (A) ADMISSIBILITY. UPON THE TRIAL OF ANY
 SUCH ACTION OR PROCEEDING ARISING OUT OF ACTIONS ALLEGED  TO  HAVE  BEEN
 COMMITTED  BY  ANY  PERSON  ARRESTED FOR A VIOLATION OF ANY PARAGRAPH OF
 SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL ADMIT EVIDENCE  OF  THE
 AMOUNT  OF  ALCOHOL OR DRUGS IN THE DEFENDANT'S BLOOD AS SHOWN BY A TEST
 ADMINISTERED PURSUANT TO THE PROVISIONS  OF  SUBDIVISION  FIVE  OF  THIS
 SECTION.
   (B)  PROBATIVE  VALUE. THE FOLLOWING EFFECT SHALL BE GIVEN TO EVIDENCE
 OF BLOOD-ALCOHOL CONTENT, AS DETERMINED  BY  SUCH  TESTS,  OF  A  PERSON
 ARRESTED FOR A VIOLATION OF SUBDIVISION ONE OF THIS SECTION:
   (I) EVIDENCE THAT THERE WAS .05 OF ONE PER CENTUM OR LESS BY WEIGHT OF
 ALCOHOL  IN  SUCH  PERSON'S BLOOD SHALL BE PRIMA FACIE EVIDENCE THAT THE
 ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER WAS  NOT  IMPAIRED
 BY THE CONSUMPTION OF ALCOHOL, AND THAT SUCH PERSON WAS NOT IN AN INTOX-
 ICATED CONDITION;
   (II)  EVIDENCE THAT THERE WAS MORE THAN .05 OF ONE PER CENTUM BUT LESS
 THAN .07 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION,  BUT SUCH EVIDENCE SHALL BE RELEVANT EVIDENCE,  BUT SHALL NOT
 BE GIVEN PRIMA FACIE EFFECT, IN DETERMINING WHETHER THE ABILITY OF  SUCH
 PERSON TO OPERATE AN ELECTRIC SCOOTER WAS IMPAIRED BY THE CONSUMPTION OF
 ALCOHOL; AND
   (III)  EVIDENCE  THAT THERE WAS .07 OF ONE PER CENTUM OR MORE BUT LESS
 THAN .08 OF ONE PER CENTUM BY WEIGHT OF ALCOHOL IN SUCH  PERSON'S  BLOOD
 SHALL BE PRIMA FACIE EVIDENCE THAT SUCH PERSON WAS NOT IN AN INTOXICATED
 CONDITION, BUT SUCH EVIDENCE SHALL BE GIVEN PRIMA FACIE EFFECT IN DETER-
 MINING WHETHER THE ABILITY OF SUCH PERSON TO OPERATE AN ELECTRIC SCOOTER
 WAS IMPAIRED BY THE CONSUMPTION OF ALCOHOL.
   8.  WHERE  APPLICABLE. THE PROVISIONS OF THIS SECTION SHALL APPLY UPON
 PUBLIC HIGHWAYS, PRIVATE ROADS OPEN TO MOTOR VEHICLE TRAFFIC, ANY  OTHER
 PARKING  LOT,  AND  SIDEWALKS. FOR THE PURPOSES OF THIS SECTION "PARKING
 LOT" SHALL MEAN ANY AREA OR  AREAS  OF  PRIVATE  PROPERTY,  INCLUDING  A
 DRIVEWAY, NEAR OR CONTIGUOUS TO AND PROVIDED IN CONNECTION WITH PREMISES
 AND  USED  AS  A  MEANS OF ACCESS TO AND EGRESS FROM A PUBLIC HIGHWAY TO
 SUCH PREMISES AND HAVING A CAPACITY FOR THE  PARKING  OF  FOUR  OR  MORE
 MOTOR  VEHICLES.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY
 AREA OR AREAS OF PRIVATE PROPERTY COMPRISING ALL OR PART OF PROPERTY  ON
 WHICH IS SITUATED A ONE OR TWO FAMILY RESIDENCE.
   9.  ENFORCEMENT  UPON  CRASH.  NOTWITHSTANDING  ANY  PROVISION OF THIS
 SECTION, NO PART OF THIS SECTION MAY BE ENFORCED UNLESS  IN  CONJUNCTION
 WITH  A  CRASH  INVOLVING  AN  OPERATOR  OF AN ELECTRIC SCOOTER. FOR THE
 PURPOSES OF THIS SUBDIVISION, "CRASH" SHALL MEAN COLLIDING WITH A  VEHI-
 CLE, PERSON, BUILDING OR OTHER OBJECT.
   §  11. This act shall take effect immediately; provided, however, that
 section ten of this act shall take effect on the one  hundred  twentieth
 day  after it shall have become a law.  Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for

 S. 7508--B                         93                         A. 9508--B
 
 the  implementation  of this act on its effective date are authorized to
 be made and completed on or before such effective date.
 
                                  PART YY
 
   Section  1.  Section  13 of part U1 of chapter 62 of the laws of 2003,
 amending the vehicle and traffic law and other laws relating to increas-
 ing certain motor vehicle transaction fees, as amended by section  1  of
 part A of chapter 58 of the laws of 2017, is amended to read as follows:
   §  13.  This  act shall take effect immediately; provided however that
 sections one through seven of this act, the amendments to subdivision  2
 of  section  205  of  the tax law made by section eight of this act, and
 section nine of this act shall expire and be deemed repealed on April 1,
 [2020] 2022; provided further, however, that the provisions  of  section
 eleven  of this act shall take effect April 1, 2004 and shall expire and
 be deemed repealed on April 1, [2020] 2022.
   § 2. Section 2 of part B of chapter 84 of the laws of  2002,  amending
 the  state  finance law relating to the costs of the department of motor
 vehicles, as amended by section 2 of part A of chapter 58 of the laws of
 2015, is amended to read as follows:
   § 2. This act shall take effect April 1, 2002; provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after April 1, 2002; provided further,  however,  that  this  act  shall
 expire and be deemed repealed on April 1, [2020] 2022.
   § 3. This act shall take effect immediately.
 
                                  PART ZZ
 
   Section 1. Section 399-l of the vehicle and traffic law, as amended by
 section  1  of  part UU of chapter 59 of the laws of 2018, is amended to
 read as follows:
   § 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] SHALL, in his or her
 discretion,  approve  ADDITIONAL applications after [such] THE EFFECTIVE
 date OF THIS ARTICLE. 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.
   § 2. Section 399-q of the vehicle and traffic law, as added by chapter
 368 of the laws of 2019, is amended to read as follows:
   § 399-q. Application. An applicant  for  participation  in  the  pilot
 program  established pursuant to this article shall be an approved spon-
 sor of an internet  accident  prevention  course,  pursuant  to  article
 twelve-C  of this title, prior to the effective date of this article and
 which delivers such courses to the public.   PROVIDED, THE  COMMISSIONER
 SHALL,  IN  HIS OR HER DISCRETION, APPROVE ADDITIONAL APPLICATIONS AFTER
 SUCH DATE. In order to be  approved  for  participation  in  such  pilot
 program,  the course must comply with provisions of law, rules and regu-
 lations  applicable  thereto.  The  commissioner  may,  in  his  or  her

 S. 7508--B                         94                         A. 9508--B
 
 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 which
 shall, excluding administrative expenses of the department, be deposited
 in  the  dedicated highway and bridge trust fund established pursuant to
 section eighty-nine-b of the state finance law.
   § 3.  Section 399-s of the vehicle and traffic law, as added by  chap-
 ter 368 of the laws of 2019, is amended to read as follows:
   §  399-s.  Pilot  program  scope  and duration. The commissioner shall
 conduct a pilot program designed to evaluate utilizing the internet  for
 delivering an approved pre-licensing course required by subparagraph (i)
 of paragraph (a) of subdivision four of section five hundred two of this
 chapter,  by permitting qualified applicants to participate in the pilot
 program from June thirtieth, two thousand twenty to June thirtieth,  two
 thousand twenty-five. PROVIDED THAT APPLICANTS FOR CLASS DJ AND CLASS MJ
 LICENSES SHALL NOT BE ELIGIBLE TO PARTICIPATE IN SUCH PILOT PROGRAM.
   § 4. 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 3 of part D of chapter 58 of the laws of 2016, is amended  to
 read as follows:
   § 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 April
 1,  [2020]  2022;  provided  that any rules and regulations necessary to
 implement the provisions of this act on its effective date  are  author-
 ized and directed to be completed on or before such date.
   §  5.  This  act shall take effect immediately; provided that sections
 two and three of this act shall take effect on the same date and in  the
 same  manner  as chapter 368 of the laws of 2019 takes effect; provided,
 however, that the amendments to section 399-l 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 to be repealed therewith; provided further,
 that the amendments to article 12-D of the vehicle and traffic law  made
 by  sections  two  and  three of this act shall not affect the repeal of
 such article and shall be deemed to  be  repealed  therewith.  Effective
 immediately,  the addition, amendment and/or repeal of any rule or regu-
 lation necessary for the implementation of this  act  on  its  effective
 date are authorized to be made and completed on or before such effective
 date.
 
                                 PART AAA
 
                           Intentionally Omitted
 
                                 PART BBB
 
                           Intentionally Omitted
 
                                 PART CCC
 
                           Intentionally Omitted
 
                                 PART DDD
 
                           Intentionally Omitted

 S. 7508--B                         95                         A. 9508--B

                                 PART EEE
 
   Section  1. Section 5 of chapter 451 of the laws of 2017, enacting the
 New York Buy American Act, is amended to read as follows:
   § 5. This act shall take effect April 1, 2018 and shall apply  to  any
 state  contracts  executed  and  entered  into on or after such date and
 shall exclude such contracts that have been previously awarded  or  have
 pending  bids  or  pending  requests for proposals issued as of April 1,
 2018, and shall not apply to projects that have commenced project design
 and environmental studies prior to such date[; provided,  however,  that
 this act shall expire and be deemed repealed April 15, 2020].
   § 2. This act shall take effect immediately.
 
                                 PART FFF
 
   Section  1.  The labor law is amended by adding a new section 224-a to
 read as follows:
   § 224-A.  PREVAILING  WAGE  REQUIREMENTS  APPLICABLE  TO  CONSTRUCTION
 PROJECTS  PERFORMED UNDER PRIVATE CONTRACT. 1. SUBJECT TO THE PROVISIONS
 OF THIS SECTION, EACH "COVERED PROJECT" AS DEFINED IN THIS SECTION SHALL
 BE SUBJECT TO PREVAILING WAGE REQUIREMENTS IN  ACCORDANCE  WITH  SECTION
 TWO  HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE. A "COVERED
 PROJECT" SHALL MEAN CONSTRUCTION WORK DONE UNDER CONTRACT WHICH IS  PAID
 FOR  IN  WHOLE OR IN PART OUT OF PUBLIC FUNDS AS SUCH TERM IS DEFINED IN
 THIS SECTION WHERE THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED,
 IS AT LEAST THIRTY PERCENT OF THE TOTAL CONSTRUCTION PROJECT  COSTS  AND
 WHERE  SUCH  PROJECT  COSTS  ARE  OVER  FIVE  MILLION  DOLLARS EXCEPT AS
 PROVIDED FOR BY SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE.
   2. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT  OF
 PUBLIC FUNDS" SHALL MEAN ANY OF THE FOLLOWING:
   A.  THE  PAYMENT OF MONEY, BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING
 ON BEHALF OF AND FOR THE BENEFIT OF A PUBLIC ENTITY, DIRECTLY TO  OR  ON
 BEHALF  OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT
 SUBJECT TO REPAYMENT;
   B. THE SAVINGS ACHIEVED FROM FEES, RENTS,  INTEREST  RATES,  OR  OTHER
 LOAN  COSTS,  OR  INSURANCE COSTS THAT ARE LOWER THAN MARKET RATE COSTS;
 SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS,  TAX  ABATEMENTS,
 TAX EXEMPTIONS OR TAX INCREMENT FINANCING; SAVINGS FROM PAYMENTS IN LIEU
 OF  TAXES; AND ANY OTHER SAVINGS FROM REDUCED, WAIVED, OR FORGIVEN COSTS
 THAT WOULD HAVE OTHERWISE BEEN AT A HIGHER OR MARKET RATE  BUT  FOR  THE
 INVOLVEMENT OF THE PUBLIC ENTITY;
   C. MONEY LOANED BY THE PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
 GENT BASIS; OR
   D.  CREDITS THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT OF
 OBLIGATIONS TO THE PUBLIC ENTITY.
   3. FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT  OF
 PUBLIC FUNDS" SHALL NOT INCLUDE:
   A.  BENEFITS UNDER SECTION FOUR HUNDRED TWENTY-ONE-A OF THE REAL PROP-
 ERTY TAX LAW;
   B. FUNDS THAT ARE NOT PROVIDED PRIMARILY TO PROMOTE,  INCENTIVIZE,  OR
 ENSURE  THAT  CONSTRUCTION  WORK  IS PERFORMED, WHICH WOULD OTHERWISE BE
 CAPTURED IN SUBDIVISION TWO OF THIS SECTION;
   C. FUNDS USED TO INCENTIVIZE OR ENSURE THE DEVELOPMENT OF A COMPREHEN-
 SIVE SEWAGE SYSTEM, INCLUDING CONNECTION  TO  EXISTING  SEWER  LINES  OR
 CREATION  OF NEW SEWAGE LINES OR SEWER CAPACITY, PROVIDED, HOWEVER, THAT

 S. 7508--B                         96                         A. 9508--B
 
 SUCH WORK SHALL BE  DEEMED  TO  BE  A  PUBLIC  WORK  COVERED  UNDER  THE
 PROVISIONS OF THIS ARTICLE;
   D. TAX BENEFITS PROVIDED FOR PROJECTS THE LENGTH OR VALUE OF WHICH ARE
 NOT ABLE TO BE CALCULATED AT THE TIME THE WORK IS TO BE PERFORMED;
   E.  TAX BENEFITS RELATED TO BROWNFIELD REMEDIATION OR BROWNFIELD REDE-
 VELOPMENT PURSUANT TO SECTION TWENTY-ONE, TWENTY-TWO, ONE HUNDRED EIGHT-
 Y-SEVEN-G OR ONE HUNDRED EIGHTY-SEVEN-H  OF  THE  TAX  LAW,  SUBDIVISION
 SEVENTEEN  OR  EIGHTEEN  OF  SECTION  TWO  HUNDRED TEN-B OF THE TAX LAW,
 SUBSECTION (DD) OR (EE) OF SECTION SIX HUNDRED SIX OF THE  TAX  LAW,  OR
 SUBDIVISION (U) OR (V) OF SECTION FIFTEEN HUNDRED ELEVEN OF THE TAX LAW;
   F.  FUNDS  PROVIDED  PURSUANT  TO SUBDIVISION THREE OF SECTION TWENTY-
 EIGHT HUNDRED FIFTY-THREE OF THE EDUCATION LAW; AND
   G. ANY OTHER PUBLIC MONIES, CREDITS, SAVINGS OR LOANS,  DETERMINED  BY
 THE PUBLIC SUBSIDY BOARD CREATED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF
 THIS ARTICLE AS EXEMPT FROM THIS DEFINITION.
   4.  FOR  PURPOSES  OF THIS SECTION "COVERED PROJECT" SHALL NOT INCLUDE
 ANY OF THE FOLLOWING:
   A. CONSTRUCTION WORK ON ONE OR TWO FAMILY DWELLINGS WHERE THE PROPERTY
 IS THE OWNER'S PRIMARY RESIDENCE,  OR  CONSTRUCTION  WORK  PERFORMED  ON
 PROPERTY WHERE THE OWNER OF THE PROPERTY OWNS NO MORE THAN FOUR DWELLING
 UNITS;
   B.  CONSTRUCTION WORK PERFORMED UNDER A CONTRACT WITH A NOT-FOR-PROFIT
 CORPORATION AS DEFINED IN SECTION ONE HUNDRED TWO OF THE  NOT-FOR-PROFIT
 CORPORATION  LAW,  OTHER THAN A NOT-FOR-PROFIT CORPORATION FORMED EXCLU-
 SIVELY FOR THE PURPOSE OF  HOLDING  TITLE  TO  PROPERTY  AND  COLLECTING
 INCOME THEREOF OR ANY PUBLIC ENTITY AS DEFINED IN THIS SECTION WHERE THE
 NOT-FOR-PROFIT  CORPORATION  HAS  GROSS  ANNUAL REVENUE AND SUPPORT LESS
 THAN FIVE MILLION DOLLARS;
   C. CONSTRUCTION WORK PERFORMED ON A MULTIPLE RESIDENCE  AND/OR  ANCIL-
 LARY AMENITIES OR INSTALLATIONS THAT IS WHOLLY PRIVATELY OWNED IN ANY OF
 THE  FOLLOWING  CIRCUMSTANCES  EXCEPT  AS  PROVIDED  FOR  BY SECTION TWO
 HUNDRED TWENTY-FOUR-C OF THIS ARTICLE:
   (I) WHERE NO LESS THAN TWENTY-FIVE PERCENT OF  THE  RESIDENTIAL  UNITS
 ARE AFFORDABLE AND SHALL BE RETAINED SUBJECT TO AN ANTICIPATED REGULATO-
 RY  AGREEMENT  WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY, OR A
 NOT-FOR-PROFIT ENTITY WITH AN ANTICIPATED FORMAL AGREEMENT WITH A LOCAL,
 STATE, OR FEDERAL GOVERNMENTAL ENTITY FOR PURPOSES OF PROVIDING AFFORDA-
 BLE HOUSING IN A GIVEN LOCALITY OR REGION PROVIDED THAT  THE  PERIOD  OF
 AFFORDABILITY  FOR  A  RESIDENTIAL  UNIT  DEEMED  AFFORDABLE  UNDER  THE
 PROVISIONS OF THIS PARAGRAPH SHALL BE FOR NO  LESS  THAN  FIFTEEN  YEARS
 FROM THE DATE OF CONSTRUCTION; OR
   (II)  WHERE  NO LESS THAN THIRTY-FIVE PERCENT OF THE RESIDENTIAL UNITS
 INVOLVES THE PROVISION OF SUPPORTIVE  HOUSING  SERVICES  FOR  VULNERABLE
 POPULATIONS PROVIDED THAT SUCH UNITS ARE SUBJECT TO AN ANTICIPATED REGU-
 LATORY AGREEMENT WITH A LOCAL, STATE, OR FEDERAL GOVERNMENTAL ENTITY; OR
   (III)  ANY NEWLY CREATED PROGRAMS FOR AFFORDABLE OR SUBSIDIZED HOUSING
 AS DETERMINED BY THE PUBLIC SUBSIDY BOARD  ESTABLISHED  BY  SECTION  TWO
 HUNDRED TWENTY-FOUR-C OF THIS ARTICLE.
   D.  CONSTRUCTION WORK PERFORMED ON A MANUFACTURED HOME PARK AS DEFINED
 IN PARAGRAPH THREE OF SUBDIVISION A OF SECTION TWO HUNDRED  THIRTY-THREE
 OF  THE REAL PROPERTY LAW WHERE THE MANUFACTURED HOME PARK IS SUBJECT TO
 A REGULATORY AGREEMENT WITH A  LOCAL,  STATE,  OR  FEDERAL  GOVERNMENTAL
 ENTITY FOR NO LESS THAN FIFTEEN YEARS;
   E.  CONSTRUCTION WORK PERFORMED UNDER A PRE-HIRE COLLECTIVE BARGAINING
 AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA  FIDE  BUILDING  AND
 CONSTRUCTION  TRADE  LABOR  ORGANIZATION WHICH HAS ESTABLISHED ITSELF AS

 S. 7508--B                         97                         A. 9508--B
 
 THE COLLECTIVE  BARGAINING  REPRESENTATIVE  FOR  ALL  PERSONS  WHO  WILL
 PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES THAT ONLY CONTRACTORS
 AND  SUBCONTRACTORS  WHO  SIGN A PRE-NEGOTIATED AGREEMENT WITH THE LABOR
 ORGANIZATION  CAN  PERFORM  WORK ON SUCH A PROJECT, OR CONSTRUCTION WORK
 PERFORMED UNDER A LABOR PEACE AGREEMENT, PROJECT LABOR AGREEMENT, OR ANY
 OTHER CONSTRUCTION WORK PERFORMED UNDER AN ENFORCEABLE AGREEMENT BETWEEN
 AN OWNER OR CONTRACTOR AND A BONA FIDE BUILDING AND  CONSTRUCTION  TRADE
 LABOR ORGANIZATION;
   F. CONSTRUCTION WORK PERFORMED ON PROJECTS FUNDED BY SECTION SIXTEEN-N
 OF  THE URBAN DEVELOPMENT CORPORATION ACT OR THE DOWNTOWN REVITALIZATION
 INITIATIVE;
   G. CONSTRUCTION WORK AND ENGINEERING AND CONSULTING SERVICES PERFORMED
 IN CONNECTION WITH THE INSTALLATION OF A RENEWABLE ENERGY SYSTEM, RENEW-
 ABLE HEATING OR COOLING SYSTEM, OR ENERGY STORAGE SYSTEM, WITH A CAPACI-
 TY EQUAL TO OR UNDER FIVE MEGAWATTS ALTERNATING CURRENT;
   H. CONSTRUCTION WORK PERFORMED ON SUPERMARKET RETAIL  SPACE  BUILT  OR
 RENOVATED  WITH  TAX INCENTIVES PROVIDED UNDER THE FOOD RETAIL EXPANSION
 TO SUPPORT HEALTH (FRESH) PROGRAM THROUGH THE NEW YORK  CITY  INDUSTRIAL
 DEVELOPMENT AGENCY;
   I.  CONSTRUCTION WORK PERFORMED FOR INTERIOR FIT-OUTS AND IMPROVEMENTS
 UNDER  TEN  THOUSAND  SQUARE  FEET  THROUGH  SMALL  BUSINESS  INCUBATION
 PROGRAMS OPERATED BY THE NEW YORK CITY ECONOMIC DEVELOPMENT CORPORATION;
   J. CONSTRUCTION WORK ON SPACE TO BE USED AS A SCHOOL UNDER SIXTY THOU-
 SAND  SQUARE  FEET,  PURSUANT TO A LEASE FROM A PRIVATE OWNER TO THE NEW
 YORK CITY DEPARTMENT OF EDUCATION AND THE SCHOOL CONSTRUCTION AUTHORITY;
 OR
   K. CONSTRUCTION WORK PERFORMED ON PROJECTS THAT RECEIVED TAX  BENEFITS
 RELATED TO HISTORIC REHABILITATION PURSUANT TO SUBDIVISION TWENTY-SIX OF
 SECTION  TWO  HUNDRED  TEN-B  OF THE TAX LAW, SUBSECTION (OO) OR (PP) OF
 SECTION SIX HUNDRED SIX OF THE TAX LAW, OR SUBDIVISION  (Y)  OF  SECTION
 FIFTEEN HUNDRED ELEVEN OF THE TAX LAW.
   5.  FOR  PURPOSES  OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT  CORPORATION  AS
 DEFINED  IN  SUBDIVISION  EIGHT  OF  SECTION EIGHTEEN HUNDRED ONE OF THE
 PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN  OF  THE  NOT-
 FOR-PROFIT  CORPORATION  LAW,  A  MUNICIPAL  CORPORATION  AS  DEFINED IN
 SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW,  AN  INDUS-
 TRIAL  DEVELOPMENT  AGENCY  FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE
 GENERAL MUNICIPAL  LAW  OR  INDUSTRIAL  DEVELOPMENT  AUTHORITIES  FORMED
 PURSUANT  TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
 LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED  IN  SECTION
 TWO  OF  THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
 BY ANY SUCH ENTITIES.
   6. FOR PURPOSES OF THIS SECTION, "CONSTRUCTION" MEANS WORK WHICH SHALL
 BE AS DEFINED BY THE PUBLIC SUBSIDY BOARD TO REQUIRE PAYMENT OF PREVAIL-
 ING WAGE, AND WHICH MAY INVOLVE THE EMPLOYMENT OF LABORERS, WORKERS,  OR
 MECHANICS.
   7.  FOR PURPOSES OF THIS SECTION AND SECTION TWO HUNDRED TWENTY-FOUR-B
 OF THIS ARTICLE, THE "FISCAL OFFICER" SHALL BE DEEMED TO BE THE  COMMIS-
 SIONER.
   8.  THE  ENFORCEMENT  OF  ANY CONSTRUCTION WORK DEEMED TO BE A COVERED
 PROJECT PURSUANT TO THIS SECTION, AND ANY ADDITIONAL REQUIREMENTS, SHALL
 BE SUBJECT, IN ADDITION TO THIS SECTION, ONLY  TO  THE  REQUIREMENTS  OF
 SECTIONS  TWO  HUNDRED  TWENTY,  TWO  HUNDRED TWENTY-FOUR-B, TWO HUNDRED
 TWENTY-FOUR-C, AND TWO HUNDRED TWENTY-B OF THIS ARTICLE AND  WITHIN  THE
 JURISDICTION OF THE FISCAL OFFICER; PROVIDED, HOWEVER, NOTHING CONTAINED

 S. 7508--B                         98                         A. 9508--B

 IN  THIS  SECTION  SHALL  BE  DEEMED  TO CONSTRUE ANY COVERED PROJECT AS
 OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT  TO  THIS  ARTICLE;  AND
 FURTHER PROVIDED:
   A.  THE OWNER OR DEVELOPER OF SUCH COVERED PROJECT SHALL CERTIFY UNDER
 PENALTY OF PERJURY WITHIN FIVE DAYS OF COMMENCEMENT OF CONSTRUCTION WORK
 WHETHER THE PROJECT AT ISSUE  IS  SUBJECT  TO  THE  PROVISIONS  OF  THIS
 SECTION THROUGH THE USE OF A STANDARD FORM DEVELOPED BY THE FISCAL OFFI-
 CER.
   B.  THE  OWNERS  OR  DEVELOPERS  OF  A  PROPERTY WHO ARE UNDERTAKING A
 PROJECT UNDER PRIVATE CONTRACT, MAY SEEK GUIDANCE FROM THE PUBLIC SUBSI-
 DY BOARD CONTAINED IN SECTION TWO HUNDRED TWENTY-FOUR-C OF THIS ARTICLE,
 AND SUCH BOARD MAY RENDER AN OPINION AS TO WHETHER OR NOT THE PROJECT IS
 A COVERED PROJECT WITHIN THE MEANING OF THIS ARTICLE. ANY SUCH  DETERMI-
 NATION  SHALL  NOT  BE REVIEWABLE BY THE FISCAL OFFICER, NOR SHALL IT BE
 REVIEWABLE BY THE DEPARTMENT PURSUANT TO SECTION TWO HUNDRED  TWENTY  OF
 THIS ARTICLE.
   C.  THE  OWNER  OR DEVELOPER OF A COVERED PROJECT SHALL BE RESPONSIBLE
 FOR RETAINING ORIGINAL PAYROLL RECORDS IN ACCORDANCE  WITH  SECTION  TWO
 HUNDRED  TWENTY  OF  THIS  ARTICLE  FOR  A  PERIOD OF SIX YEARS FROM THE
 CONCLUSION OF SUCH WORK. ALL PAYROLL RECORDS MAINTAINED BY AN  OWNER  OR
 DEVELOPER  PURSUANT  TO  THIS  SECTION SHALL BE SUBJECT TO INSPECTION ON
 REQUEST OF THE FISCAL OFFICER.  SUCH OWNER OR  DEVELOPER  MAY  AUTHORIZE
 THE  PRIME CONTRACTOR OF THE CONSTRUCTION PROJECT TO TAKE RESPONSIBILITY
 FOR RETAINING AND MAINTAINING PAYROLL RECORDS, BUT WILL BE HELD  JOINTLY
 AND  SEVERALLY LIABLE FOR ANY VIOLATIONS OF SUCH CONTRACTOR. ALL RECORDS
 OBTAINED BY THE FISCAL OFFICER SHALL BE SUBJECT TO THE FREEDOM OF INFOR-
 MATION LAW.
   D. EACH PUBLIC ENTITY PROVIDING ANY OF  THE  PUBLIC  FUNDS  LISTED  IN
 SUBDIVISION  TWO  OF  THIS SECTION TO AN OWNER, DEVELOPER, CONTRACTOR OR
 SUBCONTRACTOR OF A PROJECT SHALL IDENTIFY THE NATURE AND DOLLAR VALUE OF
 SUCH FUNDS AND WHETHER ANY SUCH FUNDS  ARE  EXCLUDED  UNDER  SUBDIVISION
 THREE OF THIS SECTION AND SHALL SO NOTIFY THE RECIPIENT OF SUCH FUNDS OF
 SUCH  DETERMINATION  AND  OF THEIR OBLIGATIONS UNDER PARAGRAPH A OF THIS
 SUBDIVISION.
   E. THE FISCAL OFFICER MAY ISSUE RULES AND  REGULATIONS  GOVERNING  THE
 PROVISIONS  OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
 FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO  HUNDRED  TWENTY-B
 OF THIS ARTICLE.
   9.  EACH  OWNER  AND  DEVELOPER  SUBJECT  TO  THE REQUIREMENTS OF THIS
 SECTION SHALL COMPLY WITH THE  OBJECTIVES  AND  GOALS  OF  MINORITY  AND
 WOMEN-OWNED  BUSINESS  ENTERPRISES  PURSUANT TO ARTICLE FIFTEEN-A OF THE
 EXECUTIVE LAW AND SERVICE-DISABLED VETERAN-OWNED BUSINESSES PURSUANT  TO
 ARTICLE  SEVENTEEN-B  OF THE EXECUTIVE LAW.  THE DEPARTMENT IN CONSULTA-
 TION WITH THE DIRECTORS OF THE DIVISION OF MINORITY AND WOMEN'S BUSINESS
 DEVELOPMENT AND OF THE DIVISION OF SERVICE-DISABLED  VETERANS'  BUSINESS
 DEVELOPMENT SHALL MAKE TRAINING AND RESOURCES AVAILABLE TO ASSIST MINOR-
 ITY  AND  WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-
 OWNED BUSINESS ENTERPRISES ON  COVERED  PROJECTS  ACHIEVE  AND  MAINTAIN
 COMPLIANCE  WITH PREVAILING WAGE REQUIREMENTS. THE DEPARTMENT SHALL MAKE
 SUCH TRAINING AND RESOURCES AVAILABLE ONLINE AND SHALL  AFFORD  MINORITY
 AND  WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED
 BUSINESS ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
   10. A. THE FISCAL OFFICER SHALL REPORT TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT  OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY FIRST,
 TWO THOUSAND TWENTY-TWO, AND ANNUALLY THEREAFTER, ON  THE  PARTICIPATION
 OF  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO COVERED

 S. 7508--B                         99                         A. 9508--B
 
 PROJECTS AND CONTRACTS FOR PUBLIC WORK SUBJECT TO THE PROVISIONS OF THIS
 SECTION AND SECTION TWO HUNDRED TWENTY OF THIS ARTICLE  RESPECTIVELY  AS
 WELL  AS  THE  DIVERSITY  PRACTICES  OF  CONTRACTORS  AND SUBCONTRACTORS
 EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS.
   B.  SUCH  REPORTS SHALL INCLUDE AGGREGATED DATA ON THE UTILIZATION AND
 PARTICIPATION OF MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES,  THE
 EMPLOYMENT  OF MINORITIES AND WOMEN IN CONSTRUCTION-RELATED JOBS ON SUCH
 PROJECTS, AND THE COMMITMENT OF CONTRACTORS AND SUBCONTRACTORS  ON  SUCH
 PROJECTS TO ADOPTING PRACTICES AND POLICIES THAT PROMOTE DIVERSITY WITH-
 IN  THE  WORKFORCE.    THE  REPORTS SHALL ALSO EXAMINE THE COMPLIANCE OF
 CONTRACTORS AND SUBCONTRACTORS WITH OTHER EQUAL  EMPLOYMENT  OPPORTUNITY
 REQUIREMENTS  AND  ANTI-DISCRIMINATION  LAWS,  IN  ADDITION TO ANY OTHER
 EMPLOYMENT PRACTICES DEEMED PERTINENT BY THE COMMISSIONER.
   C. THE FISCAL OFFICER MAY REQUIRE ANY OWNER OR DEVELOPER  TO  DISCLOSE
 INFORMATION  ON  THE  PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS
 ENTERPRISES AND THE DIVERSITY PRACTICES OF CONTRACTORS  AND  SUBCONTRAC-
 TORS  INVOLVED  IN  THE PERFORMANCE OF ANY COVERED PROJECT.  IT SHALL BE
 THE DUTY OF THE FISCAL OFFICER TO CONSULT AND TO SHARE SUCH  INFORMATION
 IN ORDER TO EFFECTUATE THE REQUIREMENTS OF THIS SECTION.
   11. IF CONSTRUCTION WORK IS NOT DEEMED TO BE A COVERED PROJECT, WHETH-
 ER  BY  VIRTUE OF AN EXCLUSION OF SUCH PROJECT UNDER SUBDIVISION FOUR OF
 THIS SECTION, OR BY VIRTUE OR NOT RECEIVING SUFFICIENT PUBLIC  MONEY  TO
 BE  DEEMED  "PAID  FOR  IN  WHOLE  OR IN PART OUT OF PUBLIC FUNDS", SUCH
 PROJECT SHALL NOT BE SUBJECT TO THE REQUIREMENTS OF SECTIONS TWO HUNDRED
 TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE.
   § 2. The labor law is amended by adding a new section 224-b to read as
 follows:
   § 224-B. STOP-WORK ORDERS. WHERE A COMPLAINT IS RECEIVED  PURSUANT  TO
 THIS  ARTICLE,  OR WHERE THE FISCAL OFFICER UPON HIS OR HER OWN INVESTI-
 GATION, FINDS CAUSE TO BELIEVE THAT ANY PERSON, IN CONNECTION  WITH  THE
 PERFORMANCE  OF  ANY  CONTRACT  FOR  PUBLIC WORK PURSUANT TO SECTION TWO
 HUNDRED TWENTY OF THIS  ARTICLE  OR  ANY  COVERED  PROJECT  PURSUANT  TO
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, HAS SUBSTANTIALLY AND
 MATERIALLY  FAILED TO COMPLY WITH OR INTENTIONALLY EVADED THE PROVISIONS
 OF THIS ARTICLE, THE FISCAL OFFICER MAY NOTIFY SUCH PERSON IN WRITING OF
 HIS OR HER INTENTION TO ISSUE A STOP-WORK ORDER. SUCH NOTICE  SHALL  (I)
 BE SERVED IN A MANNER CONSISTENT WITH SECTION THREE HUNDRED EIGHT OF THE
 CIVIL  PRACTICE  LAW  AND  RULES;  (II) NOTIFY SUCH PERSON OF HIS OR HER
 RIGHT TO A HEARING; AND (III) STATE THE FACTUAL  BASIS  UPON  WHICH  THE
 FISCAL OFFICER HAS BASED HIS OR HER DECISION TO ISSUE A STOP-WORK ORDER.
 ANY  DOCUMENTS, REPORTS, OR INFORMATION THAT FORM A BASIS FOR SUCH DECI-
 SION SHALL BE PROVIDED TO SUCH PERSON WITHIN A  REASONABLE  TIME  BEFORE
 THE HEARING. SUCH HEARING SHALL BE EXPEDITIOUSLY CONDUCTED.
   FOLLOWING THE HEARING, IF THE FISCAL OFFICER ISSUES A STOP-WORK ORDER,
 IT  SHALL  BE SERVED BY REGULAR MAIL, AND A SECOND COPY MAY BE SERVED BY
 TELEFACSIMILE OR BY ELECTRONIC MAIL, WITH SERVICE EFFECTIVE UPON RECEIPT
 OF ANY SUCH ORDER. SUCH STOP-WORK ORDER SHALL ALSO BE SERVED WITH REGARD
 TO A WORKSITE BY POSTING A COPY OF SUCH ORDER IN A CONSPICUOUS  LOCATION
 AT THE WORKSITE. THE ORDER SHALL REMAIN IN EFFECT UNTIL THE FISCAL OFFI-
 CER  DIRECTS  THAT THE STOP-WORK ORDER BE REMOVED, UPON A FINAL DETERMI-
 NATION ON THE COMPLAINT OR WHERE SUCH FAILURE TO  COMPLY  OR  EVADE  HAS
 BEEN  DEEMED  CORRECTED. IF THE PERSON AGAINST WHOM SUCH ORDER IS ISSUED
 SHALL WITHIN THIRTY DAYS AFTER ISSUANCE OF THE STOP-WORK ORDER MAKES  AN
 APPLICATION IN AFFIDAVIT FORM FOR A REDETERMINATION REVIEW OF SUCH ORDER
 THE FISCAL OFFICER SHALL MAKE A DECISION IN WRITING ON THE ISSUES RAISED
 IN SUCH APPLICATION. THE FISCAL OFFICER MAY DIRECT A CONDITIONAL RELEASE

 S. 7508--B                         100                        A. 9508--B
 
 FROM  A  STOP-WORK ORDER UPON A FINDING THAT SUCH PERSON HAS TAKEN MEAN-
 INGFUL AND GOOD FAITH STEPS TO COMPLY WITH THE PROVISIONS OF THIS  ARTI-
 CLE.
   § 3. The labor law is amended by adding a new section 224-c to read as
 follows:
   § 224-C. PUBLIC SUBSIDY BOARD. 1. A BOARD ON PUBLIC SUBSIDIES, HEREIN-
 AFTER  "THE  BOARD",  IS HEREBY CREATED, TO CONSIST OF THIRTEEN MEMBERS.
 THE THIRTEEN MEMBERS SHALL BE APPOINTED BY THE GOVERNOR AS FOLLOWS:  ONE
 MEMBER UPON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE,
 ONE  MEMBER  UPON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY, THE
 COMMISSIONER, THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPORATION,
 THE DIRECTOR OF THE DIVISION OF THE  BUDGET,  TWO  MEMBERS  REPRESENTING
 EMPLOYEES IN THE CONSTRUCTION INDUSTRY, OF WHOM ONE SHALL BE A REPRESEN-
 TATIVE  OF  THE  LARGEST  STATEWIDE TRADE LABOR ASSOCIATION REPRESENTING
 BUILDING AND CONSTRUCTION WORKERS, AND ONE SHALL BE A REPRESENTATIVE  OF
 THE   LARGEST   TRADE   LABOR   ASSOCIATION  REPRESENTING  BUILDING  AND
 CONSTRUCTION WORKERS WITH MEMBERSHIP IN NEW YORK CITY, AND  TWO  MEMBERS
 REPRESENTING  EMPLOYERS  IN THE CONSTRUCTION INDUSTRY, OF WHOM ONE SHALL
 BE A REPRESENTATIVE OF THE LARGEST STATEWIDE  ORGANIZATION  REPRESENTING
 BUILDING OWNERS AND DEVELOPERS, EITHER FOR-PROFIT OR NOT-FOR-PROFIT, AND
 ONE  SHALL  BE A REPRESENTATIVE OF A STATEWIDE ORGANIZATION REPRESENTING
 BUILDING OWNERS AND DEVELOPERS,  EITHER  FOR-PROFIT  OR  NOT-FOR-PROFIT,
 REPRESENTING A REGION DIFFERENT THAN THE REGION PRIMARILY REPRESENTED BY
 THE  INITIAL  EMPLOYER REPRESENTATIVE. THE COMMISSIONER SHALL ACT AS THE
 CHAIR. THE MEMBERS SHALL SERVE AT THE PLEASURE OF THE  AUTHORITY  RECOM-
 MENDING,  DESIGNATING,  OR  OTHERWISE  APPOINTING  SUCH MEMBER AND SHALL
 SERVE WITHOUT SALARY OR COMPENSATION BUT SHALL BE REIMBURSED FOR  NECES-
 SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES.
   2. THE BOARD SHALL MEET ON AN AS NEEDED BASIS AND SHALL HAVE THE POWER
 TO  CONDUCT  PUBLIC  HEARINGS. THE BOARD MAY ALSO CONSULT WITH EMPLOYERS
 AND EMPLOYEES, AND THEIR RESPECTIVE REPRESENTATIVES, IN THE CONSTRUCTION
 INDUSTRY AND WITH SUCH OTHER PERSONS, INCLUDING THE COMMISSIONER, AS  IT
 SHALL  DETERMINE.   NO PUBLIC OFFICER OR EMPLOYEE APPOINTED TO THE BOARD
 SHALL FORFEIT ANY POSITION OR OFFICE BY VIRTUE OF  APPOINTMENT  TO  SUCH
 BOARD.  ANY  PROCEEDINGS OF THE BOARD WHICH RELATE TO A PARTICULAR INDI-
 VIDUAL OR PROJECT SHALL BE CONFIDENTIAL.
   3. THE BOARD  MAY  EXAMINE  AND  MAKE  RECOMMENDATIONS  REGARDING  THE
 FOLLOWING:
   (A)  THE  MINIMUM  THRESHOLD  PERCENTAGE  OF PUBLIC FUNDS SET FORTH IN
 SUBDIVISION ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A  OF  THIS  ARTICLE,
 BUT NO LOWER THAN THAT WHICH IS SET FORTH IN SUCH SUBDIVISION;
   (B)  THE MINIMUM DOLLAR THRESHOLD OF PROJECTS SET FORTH IN SUBDIVISION
 ONE OF SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE, BUT  NO  LOWER
 THAN THAT WHICH IS SET FORTH IN SUCH SUBDIVISION;
   (C)  CONSTRUCTION  WORK EXCLUDED AS A COVERED PROJECT, AS SET FORTH IN
 SUBPARAGRAPHS (I), (II) AND (III) OF PARAGRAPH C OF SUBDIVISION FOUR  OF
 SECTION TWO HUNDRED TWENTY-FOUR-A OF THIS ARTICLE;
   (D) THE DEFINITION OF CONSTRUCTION FOR PURPOSES OF SECTION TWO HUNDRED
 TWENTY-FOUR-A OF THIS ARTICLE; OR
   (E)  PARTICULAR INSTANCES OF BENEFITS, MONIES OR CREDITS AS TO WHETHER
 OR NOT THEY SHOULD CONSTITUTE PUBLIC FUNDS.
   4. PRIOR TO  MAKING  ANY  RECOMMENDATION  INTENDED  TO  APPLY  TO  ALL
 PROJECTS,  THE  BOARD  SHALL  HOLD  A  PUBLIC  HEARING.  THE BOARD SHALL
 ANNOUNCE EACH PUBLIC HEARING AT  LEAST  FIFTEEN  DAYS  IN  ADVANCE.  THE
 ANNOUNCEMENT  SHALL  CONTAIN  AN  AGENDA  OF  THE  TOPICS THE BOARD WILL
 DISCUSS. AT EACH HEARING, THE BOARD MAY  HEAR  TESTIMONY  AND/OR  REVIEW

 S. 7508--B                         101                        A. 9508--B
 
 WRITTEN  DOCUMENTS  FROM  ANY  INTERESTED  STAKEHOLDERS  RELATED  TO THE
 PLANNED AGENDA OF THE MEETING.  THE BOARD SHALL MAKE ANY SUCH  RECOMMEN-
 DATIONS IN WRITING. IN MAKING ITS RECOMMENDATIONS, THE BOARD SHALL EXAM-
 INE  THE IMPACT OF SUCH THRESHOLDS AND CIRCUMSTANCES ON PRIVATE DEVELOP-
 MENT IN LIGHT OF  AVAILABLE  PUBLIC  SUBSIDIES,  EXISTING  LABOR  MARKET
 CONDITIONS, PREVAILING WAGE AND SUPPLEMENT PRACTICES, AND SHALL CONSIDER
 THE  EXTENT  TO  WHICH  ADJUSTMENTS TO SUCH THRESHOLDS AND CIRCUMSTANCES
 COULD AMELIORATE ADVERSE IMPACTS, IF ANY, OR  EXPAND  OPPORTUNITIES  FOR
 PREVAILING  WAGE AND SUPPLEMENT STANDARDS ON PUBLICLY SUBSIDIZED PRIVATE
 CONSTRUCTION PROJECTS IN ANY REGION OR REGIONS OF THE STATE.
   5. THE BOARD SHALL BE EMPOWERED TO ISSUE BINDING DETERMINATIONS TO ANY
 PUBLIC ENTITY, OR ANY PRIVATE OR NOT-FOR-PROFIT OWNER OR DEVELOPER AS TO
 ANY PARTICULAR MATTER  RELATED  TO  AN  EXISTING  OR  POTENTIAL  COVERED
 PROJECT.  IN  SUCH  INSTANCES THE BOARD SHALL MAKE A DETERMINATION BASED
 UPON DOCUMENTS, OR TESTIMONY, OR BOTH IN ITS SOLE DISCRETION.  ANY  SUCH
 PROCEEDINGS SHALL BE CONFIDENTIAL, EXCEPT THAT PUBLICATION OF SUCH DECI-
 SIONS  SHALL  BE  MADE AVAILABLE ON THE DEPARTMENT'S WEBSITE, SUBJECT TO
 REDACTION OR CONFIDENTIALITY  AS  THE  BOARD  SHALL  DEEM  WARRANTED  IN
 ACCORDANCE  WITH ANY APPLICABLE FEDERAL OR STATE STATUTORY OR REGULATORY
 REQUIREMENT GOVERNING CONFIDENTIALITY AND PERSONAL PRIVACY.
   6. ANY RECOMMENDATION RENDERED BY THE BOARD PURSUANT TO  THIS  SECTION
 SHALL BE SUBJECT TO THE PROVISIONS OF ARTICLE SEVENTY-EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES.
   7.  IN THE EVENT THAT THE BOARD FINDS THAT THERE IS OR LIKELY WOULD BE
 A SIGNIFICANT NEGATIVE ECONOMIC IMPACT OF  IMPLEMENTING  THE  PREVAILING
 WAGE  REQUIREMENTS  PROVIDED FOR IN SECTION TWO HUNDRED TWENTY-FOUR-A OF
 THIS ARTICLE, THE BOARD MAY TEMPORARILY DELAY THE IMPLEMENTATION OF SUCH
 REQUIREMENTS BEYOND JANUARY FIRST, TWO THOUSAND TWENTY-TWO. SUCH A DELAY
 MAY BE EFFECTIVE STATEWIDE OR EFFECTIVE ONLY IN A REGION OF THE STATE AS
 DEFINED BY THE REGIONAL ECONOMIC DEVELOPMENT COUNCILS. IN MAKING SUCH  A
 DETERMINATION  TO  DELAY,  THE  BOARD  SHALL CONSULT THE DEPARTMENT, THE
 DEPARTMENT'S DIVISION OF RESEARCH  AND  STATISTICS,  THE  UNITED  STATES
 DEPARTMENT  OF  LABOR,  THE  FEDERAL  RESERVE BANK OF NEW YORK AND OTHER
 ECONOMIC  EXPERTS. THE BOARD WILL  REFERENCE  WELL-ESTABLISHED  ECONOMIC
 INDEXES AND ACCEPTED ECONOMIC FACTORS TIED TO THE CONSTRUCTION INDUSTRY,
 INCLUDING  BUT  NOT  LIMITED TO CONSTRUCTION INDUSTRY EMPLOYMENT, WAGES,
 AND OVERALL CONSTRUCTION ACTIVITY.
   § 4. The labor law is amended by adding a new section 813-a to read as
 follows:
   § 813-A. ANNUAL REPORTS BY APPRENTICESHIP PROGRAMS. 1.  ON  AN  ANNUAL
 BASIS,  ALL APPRENTICESHIP PROGRAMS COVERED UNDER THE PROVISIONS OF THIS
 ARTICLE SHALL REPORT TO THE DEPARTMENT ON THE PARTICIPATION  OF  APPREN-
 TICES  CURRENTLY ENROLLED IN SUCH APPRENTICESHIP PROGRAM. THE DATA TO BE
 INCLUDED IN SUCH REPORT SHALL INCLUDE, AT A  MINIMUM:  (A)    THE  TOTAL
 NUMBER OF APPRENTICES IN SUCH APPRENTICESHIP PROGRAM; (B) THE DEMOGRAPH-
 IC INFORMATION OF SUCH APPRENTICES TO THE EXTENT SUCH DATA IS AVAILABLE,
 INCLUDING,  BUT  NOT  LIMITED  TO, THE AGE, GENDER, RACE, ETHNICITY, AND
 NATIONAL ORIGIN OF SUCH APPRENTICES; (C) THE  RATE  OF  ADVANCEMENT  AND
 GRADUATION  OF  SUCH  APPRENTICES; AND (D) THE RATE OF PLACEMENT OF SUCH
 APPRENTICES ONTO JOB SITES AS WELL AS  THE  DEMOGRAPHIC  INFORMATION  OF
 SUCH  APPRENTICES  TO  THE EXTENT SUCH DATA IS AVAILABLE, INCLUDING, BUT
 NOT LIMITED TO THE AGE, GENDER, RACE, ETHNICITY, AND NATIONAL ORIGIN  OF
 SUCH APPRENTICES.
   2.  THE  DEPARTMENT  SHALL  MAKE  SUCH  DATA PUBLICLY AVAILABLE ON ITS
 WEBSITE BY JULY FIRST, TWO THOUSAND TWENTY-TWO AND ON AN  ANNUAL  BASIS,
 BUT NO LATER THAN DECEMBER THIRTY-FIRST OF EACH FOLLOWING YEAR.

 S. 7508--B                         102                        A. 9508--B
 
   3. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY FOR
 THE IMPLEMENTATION OF THIS SECTION.
   § 5. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, or section 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,  or  section  thereof
 directly  involved  in the controversy in which such judgment 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.
   §  6. This act shall take effect on January 1, 2022 and shall apply to
 contracts for  construction  executed,  incentive  agreements  executed,
 procurements  or  solicitations  issued,  or  applications  for building
 permits on or after such date; provided however that  section  three  of
 this  act  shall take effect on April 1, 2021, and provided further that
 this act shall not pre-exempt any existing contracts, nor apply  to  any
 appropriations  of  public funds made prior to the day on which this act
 shall have become a law, or to re-appropriations  of  such  funds  first
 appropriated prior to the day on which this act shall have become a law.
 Effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive  date  are  authorized  to  be made and completed on or before such
 effective date.
 
                                 PART GGG
 
                           Intentionally Omitted
 
                                 PART HHH
 
                           Intentionally Omitted
 
                                 PART III
 
   Section 1. Subdivision 3 of section 16-o of section 1 of  chapter  174
 of  the  laws  of 1968 constituting the New York state urban development
 corporation act, as added by chapter 186 of the laws of 2007, is amended
 to read as follows:
   3. Establishment and purposes. The corporation shall establish a  fund
 to  be  known as the "community development financial institutions fund"
 and shall pay into such fund any monies made  available  to  the  corpo-
 ration  for such fund from any source. The monies held in or credited to
 the fund shall be expended solely for the purposes  set  forth  in  this
 section.  The  corporation  shall not [commingle] TRANSFER the monies of
 such fund [with] TO any other FUND OR monies of the corporation  or  any
 monies  held in trust by the corporation. The corporation is authorized,
 [within] SUBJECT TO available [appropriations] FUNDING,  INCLUDING,  BUT
 NOT LIMITED TO, AVAILABLE APPROPRIATIONS, to provide financial and tech-
 nical  assistance  to  community development financial institutions that
 make loans and provide development services to specific investment areas
 or targeted populations.
   § 2. This act shall take effect immediately.
 
                                 PART JJJ

 S. 7508--B                         103                        A. 9508--B
 
   Section 1. This act shall be known as the "accelerated renewable ener-
 gy growth and community benefit act".
   §  2.  Legislative  findings and statement of purpose. The legislature
 hereby finds, determines and declares:
   1. Chapter 106 of the laws of 2019 enacted the New York state  climate
 leadership  and  community protection act (the "CLCPA") that among other
 things:
   (a) directed the department of environmental conservation to establish
 a statewide greenhouse gas emissions limit as a percentage of 1990 emis-
 sions as follows: (i) 2030: 60% of 1990 emissions; and (ii) 2050: 15% of
 1990 emissions;
   (b) directed the public service commission ("commission") to establish
 programs to require that a minimum of 70% statewide electric  generation
 be  produced  by  renewable energy systems by 2030, and that by the year
 2040 the statewide electrical demand system  will  generate  zero  emis-
 sions; and
   (c)  directed the commission to require the procurement by the state's
 jurisdictional load serving entities of at least 9 gigawatts of offshore
 wind electricity generation by 2035 and six  gigawatts  of  photovoltaic
 solar  generation  by  2025, and to support three gigawatts of statewide
 energy storage capacity by 2030 (collectively, the "CLCPA targets").
   2. In order to achieve the CLCPA targets, the state shall take  appro-
 priate action to ensure that:
   (a)  new renewable energy generation projects can be sited in a timely
 and cost-effective manner that  includes  consideration  of  local  laws
 concerning  zoning,  the  environment  or  public  health and safety and
 avoids or minimizes, to the maximum extent practicable, adverse environ-
 mental impacts; and
   (b) renewable energy can be efficiently and cost effectively  injected
 into  the  state's  distribution and transmission system for delivery to
 regions of the state where it is needed. In particular, the state  shall
 provide  for timely and cost effective construction of new, expanded and
 upgraded distribution and transmission infrastructure as may  be  needed
 to  access  and  deliver  renewable  energy resources, which may include
 alternating current transmission facilities, high voltage direct current
 transmission  infrastructure  facilities,  and  submarine   transmission
 facilities   needed   to  interconnect  off-shore  renewable  generation
 resources to the state's transmission system.
   3. A public policy purpose would be served and the  interests  of  the
 people  of  the  state would be advanced by directing the public service
 commission to make a comprehensive study of the state's  power  grid  to
 identify  distribution  and transmission infrastructure needed to enable
 the state to meet the CLCPA targets, and based on  such  study,  develop
 definitive  plans  that: (a) provide for the timely development of local
 transmission and distribution system upgrades by the  state's  regulated
 utilities  and the Long Island power authority; (b) identify bulk trans-
 mission investments that should be undertaken, including  projects  that
 should  be  undertaken  immediately and on an expedited basis in cooper-
 ation with the power authority of the state of New York; and (c)  other-
 wise advance the policies of this act.
   4.  A  public  policy purpose would be served and the interests of the
 people of the state would be advanced by:
   (a) expediting the regulatory review for the siting of major renewable
 energy facilities and transmission infrastructure necessary to meet  the
 CLCPA  targets, in recognition of the importance of these facilities and
 their ability to lower carbon emissions;

 S. 7508--B                         104                        A. 9508--B
 
   (b) making available  to  developers  of  clean  generation  resources
 build-ready  sites  for the construction and operation of such renewable
 energy facilities;
   (c) developing uniform permit standards and conditions that are appli-
 cable  to  classes  and  categories of renewable energy facilities, that
 reflect the environmental benefits of such facilities and address common
 conditions necessary to minimize impacts to  the  surrounding  community
 and environment;
   (d)  providing  for  workforce  training,  especially in disadvantaged
 communities;
   (e) implementing one or more programs to provide benefits to owners of
 land and communities where renewable energy facilities and  transmission
 infrastructure would be sited;
   (f)  incentivizing  the re-use or adaptation of sites with existing or
 abandoned commercial or industrial uses, such as brownfields, landfills,
 dormant electric generating sites and former  commercial  or  industrial
 sites,  for  the development of major renewable energy facilities and to
 restore and protect the value of  taxable  land  and  leverage  existing
 resources; and
   (g)  implementing  the state's policy to protect, conserve and recover
 endangered and threatened species while  establishing  additional  mech-
 anisms  to  facilitate  the achievement of a net conservation benefit to
 endangered  or  threatened  species  which  may  be  impacted   by   the
 construction or operation of major renewable energy facilities.
   §  3.  Paragraphs  (c)  and (d) of subdivision 4 of section 162 of the
 public service law, as added by chapter 388 of the  laws  of  2011,  are
 amended and a new subdivision (e) is added to read as follows:
   (c)  To  a major electric generating facility (i) constructed on lands
 dedicated to industrial uses, (ii) the output of  which  shall  be  used
 solely  for industrial purposes, on the premises, and (iii) the generat-
 ing capacity of which does not exceed two  hundred  thousand  kilowatts;
 [or]
   (d)  To  a  major  electric  generating  facility if, on or before the
 effective date of the rules and regulations promulgated pursuant to this
 article and section 19-0312 of the environmental  conservation  law,  an
 application has been made for a license, permit, certificate, consent or
 approval  from  any federal, state or local commission, agency, board or
 regulatory body, in which application the location of the major electric
 generating facility has been designated by  the  applicant;  or  if  the
 facility is under construction at such time[.]; OR
   (E)  TO  A  MAJOR RENEWABLE ENERGY FACILITY AS SUCH TERM IS DEFINED IN
 SECTION NINETY-FOUR-C OF THE EXECUTIVE LAW; PROVIDED, HOWEVER, THAT  ANY
 PERSON  INTENDING  TO  CONSTRUCT A MAJOR RENEWABLE ENERGY FACILITY, THAT
 HAS A DRAFT PRE-APPLICATION PUBLIC INVOLVEMENT PROGRAM PLAN PURSUANT  TO
 SECTION  ONE  HUNDRED  SIXTY-THREE  OF  THIS ARTICLE AND THE REGULATIONS
 IMPLEMENTING THIS ARTICLE, WHICH IS PENDING WITH THE SITING BOARD AS  OF
 THE  EFFECTIVE  DATE  OF  THIS  PARAGRAPH  MAY  REMAIN  SUBJECT  TO  THE
 PROVISIONS OF THIS ARTICLE OR, MAY, BY WRITTEN NOTICE TO  THE  SECRETARY
 OF  THE COMMISSION, ELECT TO BECOME SUBJECT TO THE PROVISIONS OF SECTION
 NINETY-FOUR-C OF THE EXECUTIVE LAW.
   § 4. The executive law is amended by adding a new section 94-c to read
 as follows:
   § 94-C. MAJOR RENEWABLE ENERGY DEVELOPMENT PROGRAM. 1.  PURPOSE. IT IS
 THE PURPOSE OF THIS SECTION TO CONSOLIDATE THE ENVIRONMENTAL REVIEW  AND
 PERMITTING  OF  MAJOR  RENEWABLE  ENERGY FACILITIES IN THIS STATE AND TO
 PROVIDE A SINGLE FORUM IN WHICH THE OFFICE OF  RENEWABLE  ENERGY  SITING

 S. 7508--B                         105                        A. 9508--B
 
 CREATED BY THIS SECTION MAY UNDERTAKE A COORDINATED AND TIMELY REVIEW OF
 PROPOSED MAJOR RENEWABLE ENERGY FACILITIES TO MEET THE STATE'S RENEWABLE
 ENERGY  GOALS  WHILE  ENSURING  THE  PROTECTION  OF  THE ENVIRONMENT AND
 CONSIDERATION  OF  ALL  PERTINENT  SOCIAL,  ECONOMIC  AND  ENVIRONMENTAL
 FACTORS IN THE DECISION TO PERMIT SUCH FACILITIES AS  MORE  SPECIFICALLY
 PROVIDED IN THIS SECTION.
   2.  DEFINITIONS. (A) "EXECUTIVE DIRECTOR" OR "DIRECTOR" SHALL MEAN THE
 EXECUTIVE DIRECTOR OF THE OFFICE OF RENEWABLE ENERGY SITING.
   (B) "CLCPA TARGETS" SHALL MEAN THE PUBLIC POLICIES ESTABLISHED IN  THE
 CLIMATE  LEADERSHIP  AND COMMUNITY PROTECTION ACT ENACTED IN CHAPTER ONE
 HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, INCLUDING THE REQUIRE-
 MENT THAT A MINIMUM OF SEVENTY PERCENT OF THE STATEWIDE ELECTRIC  GENER-
 ATION  BE  PRODUCED  BY RENEWABLE ENERGY SYSTEMS BY TWO THOUSAND THIRTY,
 THAT BY THE YEAR TWO THOUSAND  FORTY  THE  STATEWIDE  ELECTRICAL  DEMAND
 SYSTEM WILL GENERATE ZERO EMISSIONS AND THE PROCUREMENT OF AT LEAST NINE
 GIGAWATTS  OF OFFSHORE WIND ELECTRICITY GENERATION BY TWO THOUSAND THIR-
 TY-FIVE, SIX GIGAWATTS OF PHOTOVOLTAIC SOLAR GENERATION BY TWO  THOUSAND
 TWENTY-FIVE  AND  TO SUPPORT THREE GIGAWATTS OF STATEWIDE ENERGY STORAGE
 CAPACITY BY TWO THOUSAND THIRTY.
   (C) "LOCAL AGENCY ACCOUNT" OR "ACCOUNT" SHALL MEAN THE ACCOUNT  ESTAB-
 LISHED BY THE OFFICE PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
   (D) "LOCAL AGENCY" MEANS ANY LOCAL AGENCY, BOARD, DISTRICT, COMMISSION
 OR  GOVERNING  BODY,  INCLUDING  ANY  CITY,  COUNTY, AND OTHER POLITICAL
 SUBDIVISION OF THE STATE.
   (E) "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN, OR VILLAGE.
   (F) "OFFICE" SHALL MEAN THE OFFICE OF RENEWABLE ENERGY  SITING  ESTAB-
 LISHED PURSUANT TO THIS SECTION.
   (G) "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF STATE.
   (H)  "MAJOR  RENEWABLE  ENERGY  FACILITY"  MEANS  ANY RENEWABLE ENERGY
 SYSTEM, AS SUCH TERM IS DEFINED IN SECTION  SIXTY-SIX-P  OF  THE  PUBLIC
 SERVICE LAW AS ADDED BY CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOU-
 SAND NINETEEN, WITH A NAMEPLATE GENERATING CAPACITY OF TWENTY-FIVE THOU-
 SAND  KILOWATTS OR MORE, AND ANY CO-LOCATED SYSTEM STORING ENERGY GENER-
 ATED FROM SUCH A RENEWABLE ENERGY SYSTEM PRIOR TO DELIVERING IT  TO  THE
 BULK  TRANSMISSION  SYSTEM,  INCLUDING  ALL  ASSOCIATED APPURTENANCES TO
 ELECTRIC PLANTS AS DEFINED UNDER SECTION TWO OF THE PUBLIC SERVICE  LAW,
 INCLUDING ELECTRIC TRANSMISSION FACILITIES LESS THAN TEN MILES IN LENGTH
 IN ORDER TO PROVIDE ACCESS TO LOAD AND TO INTEGRATE SUCH FACILITIES INTO
 THE STATE'S BULK ELECTRIC TRANSMISSION SYSTEM.
   (I)  "SITING  PERMIT"  SHALL  MEAN THE MAJOR RENEWABLE ENERGY FACILITY
 SITING PERMIT ESTABLISHED PURSUANT TO THIS SECTION  AND  THE  RULES  AND
 REGULATIONS PROMULGATED BY THE OFFICE.
   (J)  "DORMANT ELECTRIC GENERATING SITE" SHALL MEAN A SITE AT WHICH ONE
 OR MORE ELECTRIC GENERATING  FACILITIES  PRODUCED  ELECTRICITY  BUT  HAS
 PERMANENTLY CEASED OPERATING.
   3.  OFFICE  OF RENEWABLE ENERGY SITING; RESPONSIBILITIES. (A) THERE IS
 HEREBY ESTABLISHED WITHIN THE DEPARTMENT AN OFFICE OF  RENEWABLE  ENERGY
 SITING  WHICH  IS  CHARGED  WITH  ACCEPTING APPLICATIONS AND EVALUATING,
 ISSUING, AMENDING, APPROVING THE ASSIGNMENT AND/OR  TRANSFER  OF  SITING
 PERMITS.  THE  OFFICE  SHALL  EXERCISE  ITS AUTHORITY BY AND THROUGH THE
 EXECUTIVE DIRECTOR.
   (B) THE OFFICE SHALL WITHIN ONE YEAR OF THE  EFFECTIVE  DATE  OF  THIS
 SECTION  ESTABLISH  A  SET  OF  UNIFORM STANDARDS AND CONDITIONS FOR THE
 SITING, DESIGN, CONSTRUCTION AND OPERATION OF EACH TYPE OF MAJOR RENEWA-
 BLE ENERGY FACILITY RELEVANT TO ISSUES THAT ARE  COMMON  FOR  PARTICULAR
 CLASSES  AND CATEGORIES OF MAJOR RENEWABLE ENERGY FACILITIES, IN CONSUL-

 S. 7508--B                         106                        A. 9508--B
 
 TATION WITH THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORI-
 TY,  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION, THE DEPARTMENT OF
 PUBLIC SERVICE, THE DEPARTMENT OF AGRICULTURE  AND  MARKETS,  AND  OTHER
 RELEVANT  STATE  AGENCIES AND AUTHORITIES WITH SUBJECT MATTER EXPERTISE.
 PRIOR TO ADOPTION OF UNIFORM STANDARDS AND CONDITIONS, THE OFFICE  SHALL
 HOLD  FOUR  PUBLIC HEARINGS IN DIFFERENT REGIONS OF THE STATE TO SOLICIT
 COMMENT FROM MUNICIPAL, OR POLITICAL SUBDIVISIONS,  AND  THE  PUBLIC  ON
 PROPOSED UNIFORM STANDARDS AND CONDITIONS TO AVOID, MINIMIZE OR MITIGATE
 POTENTIAL   ADVERSE  ENVIRONMENTAL  IMPACTS  FROM  THE  SITING,  DESIGN,
 CONSTRUCTION AND OPERATION OF A MAJOR RENEWABLE ENERGY FACILITY.
   (C) THE UNIFORM STANDARDS AND CONDITIONS ESTABLISHED PURSUANT TO  THIS
 SECTION  SHALL  BE  DESIGNED TO AVOID OR MINIMIZE, TO THE MAXIMUM EXTENT
 PRACTICABLE, ANY POTENTIAL  SIGNIFICANT  ADVERSE  ENVIRONMENTAL  IMPACTS
 RELATED  TO  THE  SITING,  DESIGN, CONSTRUCTION AND OPERATION OF A MAJOR
 RENEWABLE ENERGY FACILITY.  SUCH UNIFORM STANDARDS AND CONDITIONS  SHALL
 APPLY TO THOSE ENVIRONMENTAL IMPACTS THE OFFICE DETERMINES ARE COMMON TO
 EACH TYPE OF MAJOR RENEWABLE ENERGY FACILITY.
   (D)  IN  ITS  REVIEW OF AN APPLICATION FOR A PERMIT TO DEVELOP A MAJOR
 RENEWABLE ENERGY FACILITY, THE OFFICE, IN CONSULTATION WITH THE  DEPART-
 MENT  OF  ENVIRONMENTAL CONSERVATION, SHALL IDENTIFY THOSE SITE-SPECIFIC
 ENVIRONMENTAL IMPACTS, IF ANY, THAT MAY BE CAUSED OR CONTRIBUTED TO BY A
 SPECIFIC PROPOSED MAJOR RENEWABLE ENERGY FACILITY AND ARE UNABLE  TO  BE
 ADDRESSED  BY  THE  UNIFORM  STANDARDS  AND CONDITIONS. THE OFFICE SHALL
 DRAFT IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL  CONSERVATION
 SITE  SPECIFIC  PERMIT  TERMS AND CONDITIONS FOR SUCH IMPACTS, INCLUDING
 PROVISIONS FOR THE AVOIDANCE OR MITIGATION THEREOF, TAKING INTO  ACCOUNT
 THE  CLCPA  TARGETS AND THE ENVIRONMENTAL BENEFITS OF THE PROPOSED MAJOR
 RENEWABLE ENERGY FACILITY, PROVIDED,  HOWEVER,  THAT  THE  OFFICE  SHALL
 REQUIRE  THAT  THE  APPLICATION  OF UNIFORM STANDARDS AND CONDITIONS AND
 SITE-SPECIFIC CONDITIONS SHALL ACHIEVE A NET CONSERVATION BENEFIT TO ANY
 IMPACTED ENDANGERED AND THREATENED SPECIES.
   (E) TO THE  EXTENT  THAT  ENVIRONMENTAL  IMPACTS  ARE  NOT  COMPLETELY
 ADDRESSED  BY  UNIFORM STANDARDS AND CONDITIONS AND SITE-SPECIFIC PERMIT
 CONDITIONS PROPOSED BY THE OFFICE, AND THE OFFICE DETERMINES THAT  MITI-
 GATION  OF  SUCH  IMPACTS  MAY  BE  ACHIEVED BY OFF-SITE MITIGATION, THE
 OFFICE MAY REQUIRE PAYMENT OF A FEE BY THE  APPLICANT  TO  ACHIEVE  SUCH
 OFF-SITE MITIGATION.  IF THE OFFICE DETERMINES, IN CONSULTATION WITH THE
 DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, THAT MITIGATION OF IMPACTS TO
 ENDANGERED OR THREATENED SPECIES THAT ACHIEVES A NET CONSERVATION  BENE-
 FIT  CAN  BE  ACHIEVED BY OFF-SITE MITIGATION, THE AMOUNT TO BE PAID FOR
 SUCH OFF-SITE MITIGATION SHALL BE SET FORTH IN THE FINAL SITING  PERMIT.
 THE  OFFICE  MAY  REQUIRE  PAYMENT OF FUNDS SUFFICIENT TO IMPLEMENT SUCH
 OFF-SITE MITIGATION INTO THE ENDANGERED  AND  THREATENED  SPECIES  MITI-
 GATION  FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE
 FINANCE LAW.
   (F) THE OFFICE, BY  AND  THROUGH  THE  EXECUTIVE  DIRECTOR,  SHALL  BE
 AUTHORIZED TO CONDUCT HEARINGS AND DISPUTE RESOLUTION PROCEEDINGS, ISSUE
 PERMITS,  AND  ADOPT  SUCH  RULES,  REGULATIONS AND PROCEDURES AS MAY BE
 NECESSARY, CONVENIENT, OR DESIRABLE TO EFFECTUATE THE PURPOSES  OF  THIS
 SECTION.
   (G)  THE  OFFICE  SHALL  WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
 SECTION PROMULGATE RULES AND REGULATIONS WITH RESPECT TO  ALL  NECESSARY
 REQUIREMENTS  TO IMPLEMENT THE SITING PERMIT PROGRAM ESTABLISHED IN THIS
 SECTION AND PROMULGATE MODIFICATIONS TO SUCH RULES AND REGULATIONS AS IT
 DEEMS NECESSARY; PROVIDED THAT THE OFFICE SHALL  PROMULGATE  REGULATIONS
 REQUIRING  THE  SERVICE  OF  APPLICATIONS ON AFFECTED MUNICIPALITIES AND

 S. 7508--B                         107                        A. 9508--B
 
 POLITICAL SUBDIVISIONS SIMULTANEOUSLY WITH SUBMISSION OF THE APPLICATION
 TO THE OFFICE.
   (H) AT THE REQUEST OF THE OFFICE, ALL OTHER STATE AGENCIES AND AUTHOR-
 ITIES  ARE  HEREBY  AUTHORIZED TO PROVIDE SUPPORT AND RENDER SERVICES TO
 THE OFFICE WITHIN THEIR RESPECTIVE FUNCTIONS.
   (I) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
 THE CONTRARY AND CONSISTENT WITH APPROPRIATIONS THEREFOR,  EMPLOYEES  OF
 ANY  STATE  AGENCY  WHO ARE NECESSARY TO THE FUNCTIONS OF THE OFFICE AND
 WHO MAY BE SUBSTANTIALLY ENGAGED IN THE  PERFORMANCE  OF  ITS  FUNCTIONS
 SHALL  BE TRANSFERRED TO THE OFFICE IN ACCORDANCE WITH THE PROVISIONS OF
 SECTION SEVENTY-EIGHT OF THE CIVIL SERVICE  LAW.  EMPLOYEES  TRANSFERRED
 PURSUANT  TO  THIS SECTION SHALL BE TRANSFERRED WITHOUT FURTHER EXAMINA-
 TION OR QUALIFICATION AND SHALL RETAIN THEIR  RESPECTIVE  CIVIL  SERVICE
 CLASSIFICATIONS.   NOTHING  SET  FORTH  IN  THIS  SUBDIVISION  SHALL  BE
 CONSTRUED TO IMPEDE, INFRINGE, OR DIMINISH THE RIGHTS AND BENEFITS  THAT
 ACCRUE  TO EMPLOYEES THROUGH COLLECTIVE BARGAINING AGREEMENTS, IMPACT OR
 CHANGE AN EMPLOYEE'S MEMBERSHIP  IN  A  BARGAINING  UNIT,  OR  OTHERWISE
 DIMINISH THE INTEGRITY OF THE COLLECTIVE BARGAINING RELATIONSHIP.
   4. APPLICABILITY. (A) ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION,
 NO  PERSON  SHALL  COMMENCE  THE PREPARATION OF A SITE FOR, OR BEGIN THE
 CONSTRUCTION OF, A MAJOR RENEWABLE ENERGY  FACILITY  IN  THE  STATE,  OR
 INCREASE  THE  CAPACITY  OF AN EXISTING MAJOR RENEWABLE ENERGY FACILITY,
 WITHOUT HAVING FIRST OBTAINED A SITING PERMIT PURSUANT TO THIS  SECTION.
 ANY  SUCH MAJOR RENEWABLE ENERGY FACILITY WITH RESPECT TO WHICH A SITING
 PERMIT IS ISSUED SHALL NOT THEREAFTER BE BUILT, MAINTAINED, OR  OPERATED
 EXCEPT IN CONFORMITY WITH SUCH SITING PERMIT AND ANY TERMS, LIMITATIONS,
 OR  CONDITIONS CONTAINED THEREIN, PROVIDED THAT NOTHING IN THIS SUBDIVI-
 SION SHALL EXEMPT SUCH MAJOR RENEWABLE ENERGY FACILITY  FROM  COMPLIANCE
 WITH FEDERAL LAWS AND REGULATIONS.
   (B)  A  SITING  PERMIT  ISSUED  BY  THE  OFFICE  MAY BE TRANSFERRED OR
 ASSIGNED, SUBJECT TO THE PRIOR WRITTEN APPROVAL  OF  THE  OFFICE,  TO  A
 PERSON  THAT AGREES TO COMPLY WITH THE TERMS, LIMITATIONS AND CONDITIONS
 CONTAINED IN SUCH SITING PERMIT.
   (C) THE OFFICE OR A PERMITTEE MAY INITIATE AN AMENDMENT  TO  A  SITING
 PERMIT  UNDER  THIS  SECTION.  AN  AMENDMENT  INITIATED BY THE OFFICE OR
 PERMITTEE THAT IS LIKELY TO RESULT IN ANY MATERIAL INCREASE IN ANY ENVI-
 RONMENTAL IMPACT OR INVOLVES A SUBSTANTIAL CHANGE TO THE TERMS OR CONDI-
 TIONS OF A SITING PERMIT SHALL COMPLY WITH THE PUBLIC NOTICE AND HEARING
 REQUIREMENTS OF THIS SECTION.
   (D) ANY HEARINGS OR DISPUTE  RESOLUTION  PROCEEDINGS  INITIATED  UNDER
 THIS SECTION OR PURSUANT TO RULES OR REGULATIONS PROMULGATED PURSUANT TO
 THIS SECTION MAY BE CONDUCTED BY THE EXECUTIVE DIRECTOR OR ANY PERSON TO
 WHOM  THE  EXECUTIVE  DIRECTOR SHALL DELEGATE THE POWER AND AUTHORITY TO
 CONDUCT SUCH HEARINGS OR PROCEEDINGS IN THE NAME OF THE  OFFICE  AT  ANY
 TIME AND PLACE.
   (E) THIS SECTION SHALL NOT APPLY:
   (I) TO A MAJOR RENEWABLE ENERGY FACILITY, OR ANY PORTION THEREOF, OVER
 WHICH  ANY  AGENCY OR DEPARTMENT OF THE FEDERAL GOVERNMENT HAS EXCLUSIVE
 SITING JURISDICTION, OR HAS SITING JURISDICTION CONCURRENT WITH THAT  OF
 THE  STATE AND HAS EXERCISED SUCH JURISDICTION TO THE EXCLUSION OF REGU-
 LATION OF THE FACILITY BY THE STATE; PROVIDED, HOWEVER,  NOTHING  HEREIN
 SHALL BE CONSTRUED TO EXPAND FEDERAL JURISDICTION;
   (II)   TO  NORMAL  REPAIRS,  MAINTENANCE,  REPLACEMENTS,  NON-MATERIAL
 MODIFICATIONS AND IMPROVEMENTS OF A  MAJOR  RENEWABLE  ENERGY  FACILITY,
 WHENEVER  BUILT,  WHICH ARE PERFORMED IN THE ORDINARY COURSE OF BUSINESS

 S. 7508--B                         108                        A. 9508--B
 
 AND WHICH DO NOT CONSTITUTE  A  VIOLATION  OF  ANY  APPLICABLE  EXISTING
 PERMIT;
   (III) TO A MAJOR RENEWABLE ENERGY FACILITY IF, ON OR BEFORE THE EFFEC-
 TIVE DATE OF THIS SECTION, AN APPLICATION HAS BEEN MADE OR GRANTED FOR A
 LICENSE,  PERMIT,  CERTIFICATE,  CONSENT  OR  APPROVAL FROM ANY FEDERAL,
 STATE OR LOCAL COMMISSION, AGENCY, BOARD OR REGULATORY  BODY,  INCLUDING
 THE  SUBMISSION  OF  A  PRE-APPLICATION  PUBLIC INVOLVEMENT PROGRAM PLAN
 UNDER ARTICLE TEN OF THE PUBLIC SERVICE LAW AND ITS  IMPLEMENTING  REGU-
 LATIONS, IN WHICH APPLICATION THE LOCATION OF THE MAJOR RENEWABLE ENERGY
 FACILITY  HAS  BEEN DESIGNATED BY THE APPLICANT, EXCEPT IN THE CASE OF A
 PERSON WHO ELECTS TO BE SUBJECT TO THIS SECTION AS AUTHORIZED  BY  PARA-
 GRAPH  E  OF  SUBDIVISION  FOUR  OF SECTION ONE HUNDRED SIXTY-TWO OF THE
 PUBLIC SERVICE LAW.
   (F) ANY PERSON INTENDING TO CONSTRUCT A MAJOR RENEWABLE ENERGY FACILI-
 TY EXCLUDED FROM THIS SECTION PURSUANT TO PARAGRAPH  (II)  OR  (III)  OF
 PARAGRAPH  (E)  OF  THIS  SUBDIVISION MAY ELECT TO BECOME SUBJECT TO THE
 PROVISIONS OF THIS SECTION BY FILING AN APPLICATION FOR A SITING PERMIT.
 THIS SECTION SHALL THEREAFTER  APPLY  TO  EACH  MAJOR  RENEWABLE  ENERGY
 FACILITY  IDENTIFIED  IN SUCH NOTICE FROM THE DATE OF ITS RECEIPT BY THE
 OFFICE. WITH RESPECT TO SUCH  MAJOR  RENEWABLE  ENERGY  FACILITIES,  THE
 RULES  AND  REGULATIONS  PROMULGATED  PURSUANT TO THIS SECTION SHALL SET
 FORTH AN EXPEDITED PERMITTING PROCESS TO ACCOUNT FOR MATTERS AND  ISSUES
 ALREADY  PRESENTED  AND  RESOLVED  IN  RELEVANT  ALTERNATIVE  PERMITTING
 PROCEEDINGS.
   (I) WITH RESPECT TO A MAJOR RENEWABLE ENERGY  FACILITY  FOR  WHICH  AN
 APPLICATION  WAS  PREVIOUSLY  REVIEWED  PURSUANT  TO  ARTICLE TEN OF THE
 PUBLIC SERVICE LAW, AND  FOR  WHICH  A  COMPLETENESS  DETERMINATION  HAD
 ALREADY  BEEN  ISSUED  AT  THE TIME AN APPLICATION WAS FILED PURSUANT TO
 THIS SECTION, SUCH APPLICATION SHALL BE CONSIDERED COMPLETE PURSUANT  TO
 THIS SECTION UPON FILING.
   (II)  WITH  RESPECT  TO A MAJOR RENEWABLE ENERGY FACILITY FOR WHICH AN
 APPLICATION WAS PREVIOUSLY REVIEWED  PURSUANT  TO  ARTICLE  TEN  OF  THE
 PUBLIC  SERVICE  LAW, AND FOR WHICH A COMPLETENESS DETERMINATION HAD NOT
 BEEN ISSUED AT THE TIME THE  APPLICATION  WAS  FILED  PURSUANT  TO  THIS
 SECTION, THE SIXTY-DAY TIME PERIOD PROVIDED IN PARAGRAPH (B) OF SUBDIVI-
 SION FIVE OF THIS SECTION SHALL COMMENCE UPON FILING.
   (G)  ANY  PERSON INTENDING TO CONSTRUCT A FACILITY THAT IS A RENEWABLE
 ENERGY SYSTEM, AS SUCH TERM IS DEFINED IN  SECTION  SIXTY-SIX-P  OF  THE
 PUBLIC  SERVICE  LAW  AS ADDED BY CHAPTER ONE HUNDRED SIX OF THE LAWS OF
 TWO THOUSAND NINETEEN, WITH A NAMEPLATE  CAPACITY  OF  AT  LEAST  TWENTY
 THOUSAND  BUT  LESS  THAN  TWENTY-FIVE  THOUSAND KILOWATTS, MAY APPLY TO
 BECOME SUBJECT TO THE PROVISIONS OF THIS SECTION BY FILING  AN  APPLICA-
 TION  FOR  A  SITING  PERMIT.  UPON  SUBMISSION OF SUCH APPLICATION, THE
 SUBJECT RENEWABLE ENERGY FACILITY SHALL BE TREATED AS A "MAJOR RENEWABLE
 ENERGY FACILITY" EXCLUSIVELY  FOR  PURPOSES  OF  PERMITTING  UNDER  THIS
 SECTION.
   5.  APPLICATION,  MUNICIPAL  NOTICE  AND  REVIEW. (A) UNTIL THE OFFICE
 ESTABLISHES UNIFORM STANDARDS AND  CONDITIONS  REQUIRED  BY  SUBDIVISION
 THREE OF THIS SECTION AND PROMULGATES REGULATIONS SPECIFYING THE CONTENT
 OF  AN  APPLICATION  FOR  A  SITING  PERMIT, AN APPLICATION FOR A SITING
 PERMIT SUBMITTED TO THE OFFICE SHALL CONFORM SUBSTANTIALLY TO  THE  FORM
 AND CONTENT OF AN APPLICATION REQUIRED BY SECTION ONE HUNDRED SIXTY-FOUR
 OF THE PUBLIC SERVICE LAW.
   (B)  NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE OFFICE SHALL, WITHIN
 SIXTY DAYS OF ITS RECEIPT OF AN APPLICATION FOR A SITING  PERMIT  DETER-
 MINE WHETHER THE APPLICATION IS COMPLETE AND NOTIFY THE APPLICANT OF ITS

 S. 7508--B                         109                        A. 9508--B

 DETERMINATION. IF THE OFFICE DOES NOT DEEM THE APPLICATION COMPLETE, THE
 OFFICE SHALL SET FORTH IN WRITING DELIVERED TO THE APPLICANT THE REASONS
 WHY  IT  HAS  DETERMINED THE APPLICATION TO BE INCOMPLETE. IF THE OFFICE
 FAILS  TO MAKE A DETERMINATION WITHIN THE FOREGOING SIXTY-DAY TIME PERI-
 OD, THE APPLICATION SHALL BE DEEMED COMPLETE;  PROVIDED,  HOWEVER,  THAT
 THE  APPLICANT  MAY CONSENT TO AN EXTENSION OF THE SIXTY-DAY TIME PERIOD
 FOR DETERMINING APPLICATION COMPLETENESS.  PROVIDED,  FURTHER,  THAT  NO
 APPLICATION MAY BE COMPLETE WITHOUT PROOF OF CONSULTATION WITH THE MUNI-
 CIPALITY  OR  POLITICAL  SUBDIVISION WHERE THE PROJECT IS PROPOSED TO BE
 LOCATED, OR AN AGENCY THEREOF, PRIOR TO SUBMISSION OF AN APPLICATION  TO
 THE  OFFICE, RELATED TO PROCEDURAL AND SUBSTANTIVE REQUIREMENTS OF LOCAL
 LAW.
   (C) (I) NO LATER THAN SIXTY DAYS FOLLOWING  THE  DATE  UPON  WHICH  AN
 APPLICATION  HAS  BEEN  DEEMED COMPLETE, AND FOLLOWING CONSULTATION WITH
 ANY RELEVANT STATE AGENCY OR AUTHORITY, THE  OFFICE  SHALL  PUBLISH  FOR
 PUBLIC  COMMENT  DRAFT  PERMIT  CONDITIONS PREPARED BY THE OFFICE, WHICH
 COMMENT PERIOD SHALL BE FOR A MINIMUM OF SIXTY DAYS FROM  PUBLIC  NOTICE
 THEREOF.  SUCH PUBLIC NOTICE SHALL INCLUDE, AT A MINIMUM, WRITTEN NOTICE
 TO  THE MUNICIPALITY OR POLITICAL SUBDIVISION IN WHICH THE MAJOR RENEWA-
 BLE ENERGY FACILITY IS PROPOSED TO BE LOCATED; PUBLICATION IN A  NEWSPA-
 PER  OR  IN  ELECTRONIC FORM, HAVING GENERAL CIRCULATION IN SUCH MUNICI-
 PALITY OR POLITICAL SUBDIVISION; AND POSTED ON THE OFFICE'S WEBSITE.
   (II) FOR ANY MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY  THEREOF
 THAT  HAS  RECEIVED  NOTICE OF THE FILING OF AN APPLICATION, PURSUANT TO
 REGULATIONS PROMULGATED IN ACCORDANCE WITH  THIS  SECTION,  THE  MUNICI-
 PALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL WITHIN THE TIME-
 FRAMES  ESTABLISHED BY THIS SUBDIVISION SUBMIT A STATEMENT TO THE OFFICE
 INDICATING WHETHER THE  PROPOSED  FACILITY  IS  DESIGNED  TO  BE  SITED,
 CONSTRUCTED  AND  OPERATED  IN COMPLIANCE WITH APPLICABLE LOCAL LAWS AND
 REGULATIONS, IF ANY, CONCERNING THE ENVIRONMENT, OR  PUBLIC  HEALTH  AND
 SAFETY.    IN THE EVENT THAT A MUNICIPALITY, POLITICAL SUBDIVISION OR AN
 AGENCY THEREOF SUBMITS A STATEMENT  TO  THE  OFFICE  THAT  THE  PROPOSED
 FACILITY IS NOT DESIGNED TO BE SITED, CONSTRUCTED OR OPERATED IN COMPLI-
 ANCE  WITH  LOCAL  LAWS AND REGULATIONS AND THE OFFICE DETERMINES NOT TO
 HOLD AN ADJUDICATORY HEARING ON THE APPLICATION,  THE  DEPARTMENT  SHALL
 HOLD  NON-ADJUDICATORY  PUBLIC  HEARING  IN THE AFFECTED MUNICIPALITY OR
 POLITICAL SUBDIVISION.
   (D) IF PUBLIC COMMENT ON A DRAFT PERMIT  CONDITION  PUBLISHED  BY  THE
 OFFICE  PURSUANT  TO  THIS SUBDIVISION, INCLUDING COMMENTS PROVIDED BY A
 MUNICIPALITY OR POLITICAL SUBDIVISION OR AGENCY THEREOF, OR  MEMBERS  OF
 THE  PUBLIC  RAISES  A  SUBSTANTIVE AND SIGNIFICANT ISSUE, AS DEFINED IN
 REGULATIONS ADOPTED PURSUANT TO  THIS  SECTION,  THAT  REQUIRES  ADJUDI-
 CATION, THE OFFICE SHALL PROMPTLY FIX A DATE FOR AN ADJUDICATORY HEARING
 TO HEAR ARGUMENTS AND CONSIDER EVIDENCE WITH RESPECT THERETO.
   (E) FOLLOWING THE EXPIRATION OF THE PUBLIC COMMENT PERIOD SET FORTH IN
 THIS  SUBDIVISION,  OR  FOLLOWING THE CONCLUSION OF A HEARING UNDERTAKEN
 PURSUANT TO THIS SUBDIVISION, THE OFFICE SHALL, IN THE CASE OF A  PUBLIC
 COMMENT PERIOD, ISSUE A WRITTEN SUMMARY OF PUBLIC COMMENT AND AN ASSESS-
 MENT  OF  COMMENTS RECEIVED, AND IN THE CASE OF AN ADJUDICATORY HEARING,
 THE EXECUTIVE OFFICER OR ANY PERSON TO WHOM THE EXECUTIVE  DIRECTOR  HAS
 DELEGATED SUCH AUTHORITY, SHALL ISSUE A FINAL WRITTEN HEARING REPORT.  A
 FINAL  SITING  PERMIT  MAY  ONLY BE ISSUED IF THE OFFICE MAKES A FINDING
 THAT THE PROPOSED PROJECT, TOGETHER  WITH  ANY  APPLICABLE  UNIFORM  AND
 SITE-SPECIFIC STANDARDS AND CONDITIONS WOULD COMPLY WITH APPLICABLE LAWS
 AND  REGULATIONS. IN MAKING THIS DETERMINATION, THE OFFICE MAY ELECT NOT
 TO APPLY, IN WHOLE OR IN PART, ANY LOCAL LAW OR  ORDINANCE  WHICH  WOULD

 S. 7508--B                         110                        A. 9508--B
 
 OTHERWISE  BE  APPLICABLE  IF IT MAKES A FINDING THAT, AS APPLIED TO THE
 PROPOSED MAJOR RENEWABLE ENERGY FACILITY, IT IS UNREASONABLY  BURDENSOME
 IN  VIEW  OF  THE  CLCPA  TARGETS  AND THE ENVIRONMENTAL BENEFITS OF THE
 PROPOSED MAJOR RENEWABLE ENERGY FACILITY.
   (F)  NOTWITHSTANDING  ANY  OTHER  DEADLINE  MADE  APPLICABLE  BY  THIS
 SECTION, THE OFFICE SHALL MAKE A FINAL DECISION ON A SITING  PERMIT  FOR
 ANY  MAJOR  RENEWABLE  ENERGY  PROJECT WITHIN ONE YEAR FROM THE DATE THE
 APPLICATION WAS DEEMED COMPLETE, OR WITHIN SIX MONTHS FROM THE DATE  THE
 APPLICATION  WAS  DEEMED COMPLETE IF THE MAJOR RENEWABLE ENERGY FACILITY
 IS PROPOSED TO BE SITED ON AN  EXISTING  OR  ABANDONED  COMMERCIAL  USE,
 INCLUDING  WITHOUT LIMITATION, BROWNFIELDS, LANDFILLS, FORMER COMMERCIAL
 OR INDUSTRIAL SITES, DORMANT ELECTRIC GENERATING SITES, AND ABANDONED OR
 OTHERWISE UNDERUTILIZED SITES, AS FURTHER  DEFINED  BY  THE  REGULATIONS
 PROMULGATED  BY  THIS  SECTION. UNLESS THE OFFICE AND THE APPLICANT HAVE
 AGREED TO AN EXTENSION, WITH SUCH EXTENSION LIMITED TO THIRTY DAYS,  AND
 IF A FINAL SITING PERMIT DECISION HAS NOT BEEN MADE BY THE OFFICE WITHIN
 SUCH  TIME  PERIOD, THEN SUCH SITING PERMIT SHALL BE DEEMED TO HAVE BEEN
 AUTOMATICALLY GRANTED FOR ALL PURPOSES SET FORTH IN THIS SECTION AND ALL
 UNIFORM CONDITIONS OR SITE SPECIFIC PERMIT CONDITIONS ISSUED FOR  PUBLIC
 COMMENT  SHALL  CONSTITUTE  ENFORCEABLE PROVISIONS OF THE SITING PERMIT.
 THE FINAL SITING PERMIT SHALL INCLUDE A PROVISION REQUIRING THE  PERMIT-
 TEE  TO  PROVIDE A HOST COMMUNITY BENEFIT, WHICH MAY BE A HOST COMMUNITY
 BENEFIT AS DETERMINED BY  THE  PUBLIC  SERVICE  COMMISSION  PURSUANT  TO
 SECTION  EIGHT  OF  THE  CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY THAT
 ADDED THIS SECTION OR SUCH OTHER PROJECT AS DETERMINED BY THE OFFICE  OR
 AS SUBSEQUENTLY AGREED TO BETWEEN THE APPLICANT AND THE HOST COMMUNITY.
   (G)  ANY  PARTY  AGGRIEVED BY THE ISSUANCE OR DENIAL OF A PERMIT UNDER
 THIS SECTION MAY SEEK JUDICIAL REVIEW OF SUCH DECISION  AS  PROVIDED  IN
 THIS PARAGRAPH. (I) A JUDICIAL PROCEEDING SHALL BE BROUGHT IN THE APPEL-
 LATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK IN THE JUDI-
 CIAL  DEPARTMENT  EMBRACING  THE  COUNTY  WHEREIN  THE FACILITY IS TO BE
 LOCATED OR, IF THE APPLICATION IS DENIED, THE COUNTY WHEREIN THE  APPLI-
 CANT  HAS  PROPOSED  TO  LOCATE  THE  FACILITY. SUCH PROCEEDING SHALL BE
 INITIATED BY THE FILING OF A PETITION IN SUCH COURT WITHIN  NINETY  DAYS
 AFTER THE ISSUANCE OF A FINAL DECISION BY THE OFFICE TOGETHER WITH PROOF
 OF SERVICE OF A DEMAND ON THE OFFICE TO FILE WITH SAID COURT A COPY OF A
 WRITTEN  TRANSCRIPT  OF  THE  RECORD OF THE PROCEEDING AND A COPY OF THE
 OFFICE'S DECISION AND OPINION. THE OFFICE'S  COPY  OF  SAID  TRANSCRIPT,
 DECISION  AND OPINION, SHALL BE AVAILABLE AT ALL REASONABLE TIMES TO ALL
 PARTIES FOR EXAMINATION WITHOUT COST. UPON RECEIPT OF SUCH PETITION  AND
 DEMAND  THE  OFFICE  SHALL  FORTHWITH DELIVER TO THE COURT A COPY OF THE
 RECORD AND A COPY OF THE OFFICE'S DECISION AND OPINION.  THEREUPON,  THE
 COURT SHALL HAVE JURISDICTION OF THE PROCEEDING AND SHALL HAVE THE POWER
 TO  GRANT SUCH RELIEF AS IT DEEMS JUST AND PROPER, AND TO MAKE AND ENTER
 AN ORDER ENFORCING, MODIFYING AND ENFORCING AS  SO  MODIFIED,  REMANDING
 FOR  FURTHER  SPECIFIC EVIDENCE OR FINDINGS OR SETTING ASIDE IN WHOLE OR
 IN PART SUCH DECISION. THE APPEAL SHALL BE HEARD ON THE RECORD,  WITHOUT
 REQUIREMENT OF REPRODUCTION, AND UPON BRIEFS TO THE COURT.  THE FINDINGS
 OF FACT ON WHICH SUCH DECISION IS BASED SHALL BE CONCLUSIVE IF SUPPORTED
 BY  SUBSTANTIAL EVIDENCE ON THE RECORD CONSIDERED AS A WHOLE AND MATTERS
 OF JUDICIAL NOTICE SET FORTH IN THE OPINION.  THE  JURISDICTION  OF  THE
 APPELLATE DIVISION OF THE SUPREME COURT SHALL BE EXCLUSIVE AND ITS JUDG-
 MENT AND ORDER SHALL BE FINAL, SUBJECT TO REVIEW BY THE COURT OF APPEALS
 IN  THE  SAME  MANNER  AND FORM AND WITH THE SAME EFFECT AS PROVIDED FOR
 APPEALS IN A SPECIAL PROCEEDING. ALL SUCH PROCEEDINGS SHALL BE HEARD AND
 DETERMINED BY THE APPELLATE DIVISION OF THE SUPREME  COURT  AND  BY  THE

 S. 7508--B                         111                        A. 9508--B
 
 COURT OF APPEALS AS EXPEDITIOUSLY AS POSSIBLE AND WITH LAWFUL PRECEDENCE
 OVER ALL OTHER MATTERS.
   (II) THE GROUNDS FOR AND SCOPE OF REVIEW OF THE COURT SHALL BE LIMITED
 TO WHETHER THE DECISION AND OPINION OF THE OFFICE ARE:
   (A)  IN  CONFORMITY WITH THE CONSTITUTION, LAWS AND REGULATIONS OF THE
 STATE AND THE UNITED STATES;
   (B) SUPPORTED BY SUBSTANTIAL EVIDENCE IN THE  RECORD  AND  MATTERS  OF
 JUDICIAL NOTICE PROPERLY CONSIDERED AND APPLIED IN THE OPINION;
   (C) WITHIN THE OFFICE'S STATUTORY JURISDICTION OR AUTHORITY;
   (D)  MADE  IN  ACCORDANCE WITH PROCEDURES SET FORTH IN THIS SECTION OR
 ESTABLISHED BY RULE OR REGULATION PURSUANT TO THIS SECTION;
   (E) ARBITRARY, CAPRICIOUS OR AN ABUSE OF DISCRETION; OR
   (F) MADE PURSUANT TO A PROCESS THAT AFFORDED MEANINGFUL INVOLVEMENT OF
 CITIZENS AFFECTED BY  THE  FACILITY  REGARDLESS  OF  AGE,  RACE,  COLOR,
 NATIONAL ORIGIN AND INCOME.
   (III)  EXCEPT  AS  HEREIN  PROVIDED ARTICLE SEVENTY-EIGHT OF THE CIVIL
 PRACTICE LAW AND RULES SHALL APPLY TO APPEALS TAKEN HEREUNDER.
   6. POWERS OF MUNICIPALITIES AND STATE AGENCIES AND AUTHORITIES;  SCOPE
 OF  SECTION.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, INCLUDING
 WITHOUT LIMITATION ARTICLE EIGHT OF THE ENVIRONMENTAL  CONSERVATION  LAW
 AND  ARTICLE  SEVEN  OF  THE  PUBLIC SERVICE LAW, NO OTHER STATE AGENCY,
 DEPARTMENT OR AUTHORITY, OR ANY MUNICIPALITY OR POLITICAL SUBDIVISION OR
 ANY AGENCY THEREOF  MAY,  EXCEPT  AS  EXPRESSLY  AUTHORIZED  UNDER  THIS
 SECTION  OR  THE  RULES  AND REGULATIONS PROMULGATED UNDER THIS SECTION,
 REQUIRE ANY APPROVAL, CONSENT, PERMIT, CERTIFICATE, CONTRACT, AGREEMENT,
 OR OTHER CONDITION FOR THE DEVELOPMENT, DESIGN, CONSTRUCTION, OPERATION,
 OR DECOMMISSIONING OF A MAJOR RENEWABLE ENERGY FACILITY WITH RESPECT  TO
 WHICH AN APPLICATION FOR A SITING PERMIT HAS BEEN FILED, PROVIDED IN THE
 CASE OF A MUNICIPALITY, POLITICAL SUBDIVISION OR AN AGENCY THEREOF, SUCH
 ENTITY  HAS  RECEIVED  NOTICE OF THE FILING OF THE APPLICATION THEREFOR.
 NOTWITHSTANDING THE FOREGOING, THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION SHALL BE THE PERMITTING  AGENCY  FOR  PERMITS  ISSUED  PURSUANT  TO
 FEDERALLY DELEGATED OR FEDERALLY APPROVED PROGRAMS.
   (B)  THIS  SECTION  SHALL NOT IMPAIR OR ABROGATE ANY FEDERAL, STATE OR
 LOCAL  LABOR  LAWS  OR  ANY  OTHERWISE  APPLICABLE  STATE  LAW  FOR  THE
 PROTECTION  OF  EMPLOYEES ENGAGED IN THE CONSTRUCTION AND OPERATION OF A
 MAJOR RENEWABLE ENERGY FACILITY.
   (C)  THE DEPARTMENT OF PUBLIC SERVICE OR THE PUBLIC SERVICE COMMISSION
 SHALL MONITOR, ENFORCE AND ADMINISTER  COMPLIANCE  WITH  ANY  TERMS  AND
 CONDITIONS  SET FORTH IN A PERMIT ISSUED PURSUANT TO THIS SECTION AND IN
 DOING SO MAY USE AND RELY ON AUTHORITY  OTHERWISE  AVAILABLE  UNDER  THE
 PUBLIC SERVICE LAW.
   7.  FEES;  LOCAL  AGENCY  ACCOUNT.  (A)  EACH APPLICATION FOR A SITING
 PERMIT SHALL BE ACCOMPANIED BY A FEE IN AN AMOUNT EQUAL TO ONE  THOUSAND
 DOLLARS  FOR  EACH  THOUSAND KILOWATTS OF CAPACITY OF THE PROPOSED MAJOR
 RENEWABLE ENERGY FACILITY, TO BE DEPOSITED IN AN ACCOUNT TO BE KNOWN  AS
 THE  LOCAL  AGENCY ACCOUNT ESTABLISHED FOR THE BENEFIT OF LOCAL AGENCIES
 AND COMMUNITY INTERVENORS BY THE NEW  YORK  STATE  ENERGY  RESEARCH  AND
 DEVELOPMENT  AUTHORITY  AND  MAINTAINED  IN  A SEGREGATED ACCOUNT IN THE
 CUSTODY OF THE COMMISSIONER OF TAXATION  AND  FINANCE.  THE  OFFICE  MAY
 UPDATE  THE  FEE  PERIODICALLY  SOLELY  TO  ACCOUNT  FOR  INFLATION. THE
 PROCEEDS OF SUCH ACCOUNT SHALL BE DISBURSED BY THE OFFICE, IN ACCORDANCE
 WITH ELIGIBILITY AND PROCEDURES ESTABLISHED BY THE RULES AND REGULATIONS
 PROMULGATED BY THE OFFICE PURSUANT TO  THIS  SECTION,  FOR  THE  PARTIC-
 IPATION  OF  LOCAL  AGENCIES AND COMMUNITY INTERVENORS IN PUBLIC COMMENT
 PERIODS OR HEARING PROCEDURES ESTABLISHED BY THIS SECTION, INCLUDING THE

 S. 7508--B                         112                        A. 9508--B
 
 RULES AND REGULATIONS PROMULGATED HERETO; PROVIDED  THAT  FEES  MUST  BE
 DISBURSED FOR MUNICIPALITIES, POLITICAL SUBDIVISIONS OR AN AGENCY THERE-
 OF,  TO  DETERMINE  WHETHER A PROPOSED FACILITY IS DESIGNED TO BE SITED,
 CONSTRUCTED  AND  OPERATED  IN COMPLIANCE WITH THE APPLICABLE LOCAL LAWS
 AND REGULATIONS.
   (B) ALL FUNDS SO HELD BY THE NEW YORK STATE ENERGY RESEARCH AND DEVEL-
 OPMENT AUTHORITY SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART
 OF SUCH AUTHORITY'S AUDITED FINANCIAL  STATEMENTS,  AND  SUCH  AUTHORITY
 SHALL  PREPARE  AN ANNUAL REPORT SUMMARIZING ACCOUNT BALANCES AND ACTIV-
 ITIES FOR EACH FISCAL YEAR ENDING MARCH THIRTY-FIRST  AND  PROVIDE  SUCH
 REPORT  TO  THE  OFFICE  NO LATER THAN NINETY DAYS AFTER COMMENCEMENT OF
 SUCH FISCAL YEAR AND POST ON THE AUTHORITY'S WEBSITE.
   (C) WITH RESPECT TO A PERSON WHO HAS FILED AN APPLICATION FOR A SITING
 PERMIT PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, ANY AMOUNTS HELD IN
 AN INTERVENOR ACCOUNT ESTABLISHED PURSUANT TO ARTICLES SEVEN AND TEN  OF
 THE PUBLIC SERVICE LAW SHALL BE APPLIED TO THE INTERVENOR ACCOUNT ESTAB-
 LISHED BY THIS SUBDIVISION.
   (D)  IN  ADDITION TO THE FEES ESTABLISHED PURSUANT TO PARAGRAPH (A) OF
 THIS SUBDIVISION, THE OFFICE, PURSUANT TO REGULATIONS  ADOPTED  PURSUANT
 TO  THIS  SECTION,  MAY  ASSESS  A FEE FOR THE PURPOSE OF RECOVERING THE
 COSTS THE OFFICE INCURS RELATED TO REVIEWING AND PROCESSING AN  APPLICA-
 TION SUBMITTED UNDER THIS SECTION.
   §  5.  The opening paragraph of section 1854 of the public authorities
 law, as amended by chapter 558 of the laws of 1980, is amended  to  read
 as follows:
   The  purposes  of  the authority shall be to develop and implement new
 energy technologies AND INVEST  IN  BUILD-READY  SITES,  AS  DEFINED  IN
 SUBDIVISION  EIGHT  OF  SECTION  NINETEEN  HUNDRED  ONE OF THIS ARTICLE,
 consistent with economic, social and environmental objectives, to devel-
 op and encourage energy conservation technologies, to promote,  develop,
 encourage  and  assist  in the acquiring, constructing, improving, main-
 taining, equipping and furnishing of  industrial,  manufacturing,  ware-
 housing,  commercial,  research and industrial pollution control facili-
 ties at the Saratoga Research and Development Center,  and  to  promote,
 develop,  encourage  and  assist  special  energy  projects  and thereby
 advance job  opportunities,  health,  general  prosperity  and  economic
 welfare  of  the  people  of the state of New York. In carrying out such
 purposes, the authority shall, with respect to the activities specified,
 have the following powers:
   § 6. Article 8 of the public authorities law is amended  by  adding  a
 new title 9-B to read as follows:
                                 TITLE 9-B
         CLEAN ENERGY RESOURCES DEVELOPMENT AND INCENTIVES PROGRAM
 SECTION 1900. STATEMENT OF LEGISLATIVE INTENT.
         1901. DEFINITIONS.
         1902. POWERS AND DUTIES.
         1903. ELIGIBILITY.
         1904. FUNDING.
         1905. REPORTING.
   §  1900.  STATEMENT  OF  LEGISLATIVE  INTENT.  IT IS THE INTENT OF THE
 LEGISLATURE IN ENACTING THIS TITLE TO EMPOWER THE NEW YORK STATE  ENERGY
 RESEARCH  AND  DEVELOPMENT AUTHORITY TO ESTABLISH EFFECTIVE PROGRAMS AND
 OTHER MECHANISMS TO: (1) FOSTER AND ENCOURAGE THE ORDERLY AND  EXPEDIENT
 SITING  AND  DEVELOPMENT OF RENEWABLE ENERGY FACILITIES, PARTICULARLY AT
 SITES WHICH ARE DIFFICULT TO DEVELOP, CONSISTENT WITH APPLICABLE LAW FOR
 THE PURPOSE OF ENABLING THE STATE TO MEET CLCPA TARGETS  AS  DEFINED  IN

 S. 7508--B                         113                        A. 9508--B
 
 SUBDIVISION  TWO  OF  SECTION  NINETY-FOUR-C  OF  THE EXECUTIVE LAW; (2)
 INCENTIVIZE THE RE-USE OF PREVIOUSLY DEVELOPED SITES FOR RENEWABLE ENER-
 GY FACILITIES TO PROTECT THE VALUE OF TAXABLE LAND, CAPITALIZE ON EXIST-
 ING INFRASTRUCTURE; (3) SUPPORT THE PROVISION OF BENEFITS TO COMMUNITIES
 THAT  HOST  RENEWABLE  ENERGY  FACILITIES; AND (4) PROTECT ENVIRONMENTAL
 JUSTICE AREAS FROM ADVERSE ENVIRONMENTAL IMPACTS.
   § 1901. DEFINITIONS. AS USED IN THIS TITLE, THE FOLLOWING TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "AUTHORITY"  SHALL  HAVE THE SAME MEANING AS IN SUBDIVISION TWO OF
 SECTION EIGHTEEN HUNDRED FIFTY-ONE OF THIS ARTICLE.
   2. "COMMISSION" SHALL MEAN THE PUBLIC SERVICE COMMISSION.
   3. "DEPARTMENTS" SHALL MEAN THE DEPARTMENT OF ENVIRONMENTAL  CONSERVA-
 TION,  THE  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS, THE DEPARTMENT OF
 ECONOMIC DEVELOPMENT AND THE DEPARTMENT OF PUBLIC SERVICE.
   4. "ENVIRONMENTAL JUSTICE AREA" SHALL MEAN A  MINORITY  OR  LOW-INCOME
 COMMUNITY  THAT  MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVI-
 RONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, AND COMMER-
 CIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE,  LOCAL,  AND  TRIBAL
 PROGRAMS AND POLICIES.
   5.  "HOST  COMMUNITY" SHALL MEAN ANY MUNICIPALITY WITHIN WHICH A MAJOR
 RENEWABLE ENERGY FACILITY, OR ANY PORTION THEREOF, HAS BEEN PROPOSED FOR
 DEVELOPMENT.
   6. "RENEWABLE ENERGY FACILITY" SHALL HAVE THE SAME MEANING AS  RENEWA-
 BLE  ENERGY SYSTEMS DEFINED IN SECTION SIXTY-SIX-P OF THE PUBLIC SERVICE
 LAW.
   7. "MUNICIPALITY" SHALL MEAN A COUNTY, CITY, TOWN OR VILLAGE OR  POLI-
 TICAL SUBDIVISION.
   8.  "BUILD-READY  SITE"  SHALL MEAN A SITE FOR WHICH THE AUTHORITY HAS
 SECURED PERMITS, PROPERTY INTERESTS, AGREEMENTS  AND/OR  OTHER  AUTHORI-
 ZATIONS   NECESSARY   TO   OFFER  SUCH  SITE  FOR  FURTHER  DEVELOPMENT,
 CONSTRUCTION AND OPERATION OF A RENEWABLE ENERGY FACILITY IN  ACCORDANCE
 WITH THE OTHER PROVISIONS OF THIS TITLE.
   §  1902.  POWERS  AND  DUTIES.  THE AUTHORITY IS HEREBY AUTHORIZED AND
 DIRECTED TO UNDERTAKE SUCH ACTIONS IT DEEMS NECESSARY OR  CONVENIENT  TO
 FOSTER  AND  ENCOURAGE  THE  SITING AND DEVELOPMENT OF BUILD-READY SITES
 THROUGHOUT THE STATE IN ACCORDANCE WITH  THIS  TITLE,  WORK  IN  COLLAB-
 ORATION  WITH  THE  DEPARTMENT  OF PUBLIC SERVICE AND THE NEW YORK STATE
 URBAN DEVELOPMENT CORPORATION AND ANY  OF  THEIR  AFFILIATES,  INCLUDING
 WITHOUT LIMITATION:
   1.  (A) LOCATE, IDENTIFY AND ASSESS SITES WITHIN THE STATE THAT APPEAR
 SUITABLE FOR THE DEVELOPMENT OF BUILD-READY SITES WITH A PRIORITY  GIVEN
 TO PREVIOUSLY DEVELOPED SITES.  SUCH ASSESSMENT MAY INCLUDE BUT NEED NOT
 BE LIMITED TO THE FOLLOWING CONSIDERATIONS:
   (I)  NATURAL  CONDITIONS  AT  THE SITE THAT ARE FAVORABLE TO RENEWABLE
 ENERGY GENERATION;
   (II) CURRENT LAND USES AT OR NEAR THE SITE;
   (III) ENVIRONMENTAL CONDITIONS AT OR NEAR THE SITE;
   (IV) THE AVAILABILITY  AND  CHARACTERISTICS  OF  ANY  TRANSMISSION  OR
 DISTRIBUTION FACILITIES ON OR NEAR THE SITE THAT COULD BE USED TO FACIL-
 ITATE THE DELIVERY OF ENERGY FROM THE SITE, INCLUDING EXISTING OR POTEN-
 TIAL CONSTRAINTS ON SUCH FACILITIES;
   (V)  THE POTENTIAL FOR THE DEVELOPMENT OF ENERGY STORAGE FACILITIES AT
 OR NEAR THE SITE;
   (VI) POTENTIAL IMPACTS OF DEVELOPMENT ON ENVIRONMENTAL JUSTICE  COMMU-
 NITIES; AND

 S. 7508--B                         114                        A. 9508--B
 
   (VII)  EXPRESSIONS  OF  COMMERCIAL  INTEREST  IN  THE  SITE OR GENERAL
 LOCATION BY DEVELOPERS OF MAJOR RENEWABLE ENERGY FACILITIES.
   (B)  IN  MAKING  SUCH  ASSESSMENT THE AUTHORITY SHALL GIVE PRIORITY TO
 PREVIOUSLY DEVELOPED SITES,  EXISTING  OR  ABANDONED  COMMERCIAL  SITES,
 INCLUDING  WITHOUT  LIMITATION BROWNFIELDS, LANDFILLS, FORMER COMMERCIAL
 OR INDUSTRIAL SITES, DORMANT ELECTRIC  GENERATING  SITES,  OR  OTHERWISE
 UNDERUTILIZED SITES;
   2.  NOTWITHSTANDING  ANY  PROVISION  OF LAW TO THE CONTRARY THAT WOULD
 REQUIRE THE AUTHORITY TO LOCATE SITES THROUGH A COMPETITIVE PROCUREMENT,
 NEGOTIATE AND ENTER INTO AGREEMENTS WITH  PERSONS  WHO  OWN  OR  CONTROL
 INTERESTS  IN FAVORABLE SITES FOR THE PURPOSE OF SECURING THE RIGHTS AND
 INTERESTS NECESSARY TO ENABLE THE  AUTHORITY  TO  ESTABLISH  BUILD-READY
 SITES;
   3. ESTABLISH PROCEDURES AND PROTOCOLS FOR THE PURPOSE OF ESTABLISHMENT
 AND TRANSFER OF BUILD-READY SITES WHICH SHALL INCLUDE, AT A MINIMUM: (A)
 WRITTEN  NOTICE  AT  THE  EARLIEST PRACTICABLE TIME TO A MUNICIPALITY IN
 WHICH A POTENTIAL BUILD-READY SITE HAS  BEEN  IDENTIFIED;    AND  (B)  A
 PRELIMINARY  SCREENING  PROCESS  TO  DETERMINE, IN CONSULTATION WITH THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, WHETHER THE  POTENTIAL  BUILD-
 READY  SITE  IS  LOCATED  IN  OR  NEAR AN ENVIRONMENTAL JUSTICE AREA AND
 WHETHER AN ENVIRONMENTAL JUSTICE AREA WOULD  BE  ADVERSELY  AFFECTED  BY
 DEVELOPMENT OF A BUILD-READY SITE;
   4.  UNDERTAKE  ALL WORK AND SECURE SUCH PERMITS AS THE AUTHORITY DEEMS
 NECESSARY OR CONVENIENT TO FACILITATE THE PROCESS OF ESTABLISHING BUILD-
 READY SITES AND FOR THE TRANSFER OF THE BUILD-READY SITES TO  DEVELOPERS
 SELECTED  PURSUANT  TO  A  PUBLICLY NOTICED, COMPETITIVE BIDDING PROCESS
 AUTHORIZED BY LAW;
   5. NOTWITHSTANDING TITLE FIVE-A  OF  ARTICLE  NINE  OF  THIS  CHAPTER,
 ESTABLISH  A BUILD-READY PROGRAM, INCLUDING ELIGIBILITY AND OTHER CRITE-
 RIA, PURSUANT TO WHICH THE AUTHORITY WOULD, THROUGH  A  COMPETITIVE  AND
 TRANSPARENT  BIDDING  PROCESS,  TRANSFER  RIGHTS  AND OTHER INTERESTS IN
 BUILD-READY SITES AND DEVELOPMENT RIGHTS TO DEVELOPERS FOR  THE  PURPOSE
 OF  FACILITATING  THE DEVELOPMENT OF RENEWABLE ENERGY FACILITIES ON SUCH
 BUILD-READY SITES.   SUCH  TRANSACTIONS  MAY  INCLUDE  THE  TRANSFER  OF
 RIGHTS,  INTERESTS  AND  OBLIGATIONS EXISTING UNDER AGREEMENTS PROVIDING
 FOR HOST COMMUNITY BENEFITS NEGOTIATED  BY  THE  AUTHORITY  PURSUANT  TO
 PROGRAMS ESTABLISHED PURSUANT TO SUBDIVISION SIX OF THIS SECTION ON SUCH
 TERMS AND CONDITIONS AS THE AUTHORITY DEEMS APPROPRIATE;
   6.  ESTABLISH  ONE  OR MORE PROGRAMS PURSUANT TO WHICH PROPERTY OWNERS
 AND COMMUNITIES WOULD RECEIVE INCENTIVES TO HOST MAJOR RENEWABLE  ENERGY
 FACILITIES  DEVELOPED  FOR  THE  PURPOSE OF ADVANCING THE STATE POLICIES
 EMBODIED IN THIS ARTICLE.  SUCH PROGRAM MAY INCLUDE WITHOUT  LIMITATION,
 AND  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW  TO  THE  CONTRARY,
 PROVISIONS FOR THE AUTHORITY TO NEGOTIATE AND ENTER INTO AGREEMENTS WITH
 PROPERTY OWNERS AND HOST COMMUNITIES PROVIDING FOR INCENTIVES, INCLUDING
 A PAYMENT IN LIEU OF TAXES, THE TRANSFER OF THE AUTHORITY'S INTERESTS IN
 SUCH AGREEMENTS TO DEVELOPERS TO WHOM BUILD-READY SITES ARE TRANSFERRED,
 AND THE PROVISION OF INFORMATION AND GUIDANCE TO STAKEHOLDERS CONCERNING
 INCENTIVES.  THE AUTHORITY SHALL MAINTAIN A RECORD OF SUCH PROGRAMS  AND
 INCENTIVES, AND SHALL PUBLISH SUCH RECORD ON THE AUTHORITY'S WEBSITE;
   7.  PROCURE  THE  SERVICES OF ONE OR MORE SERVICE PROVIDERS, INCLUDING
 WITHOUT LIMITATION ENVIRONMENTAL CONSULTANTS, ENGINEERS  AND  ATTORNEYS,
 TO  SUPPORT  THE  AUTHORITY'S  RESPONSIBILITIES  UNDER  THIS SECTION AND
 PERFORM SUCH OTHER FUNCTIONS AS THE AUTHORITY DEEMS APPROPRIATE;
   8. IN CONSULTATION WITH THE DEPARTMENT OF  ECONOMIC  DEVELOPMENT,  THE
 DEPARTMENT  OF  LABOR  AND  OTHER  STATE AGENCIES AND AUTHORITIES HAVING

 S. 7508--B                         115                        A. 9508--B
 
 EXPERIENCE WITH JOB TRAINING PROGRAMS, ASSESS THE NEED  FOR  AND  AVAIL-
 ABILITY  OF WORKFORCE TRAINING IN THE LOCAL AREA OF BUILD-READY SITES TO
 SUPPORT GREEN JOBS DEVELOPMENT WITH SPECIAL ATTENTION  TO  ENVIRONMENTAL
 JUSTICE  COMMUNITIES AND, SUBJECT TO AVAILABLE FUNDING, ESTABLISH ONE OR
 MORE PROGRAMS PURSUANT TO WHICH FINANCIAL SUPPORT CAN BE MADE  AVAILABLE
 FOR THE LOCAL WORKFORCE AND UNDER-EMPLOYED POPULATIONS IN THE AREA;
   9. MANAGE, ALLOCATE AND SPEND ANY MONIES MADE AVAILABLE TO THE AUTHOR-
 ITY  IN  FURTHERANCE  OF  THIS  TITLE  AS THE AUTHORITY DETERMINES TO BE
 APPROPRIATE FOR THE PROPER ADMINISTRATION OF PROGRAMS  CREATED  PURSUANT
 TO  THIS TITLE.   THE AUTHORITY SHALL, IN IDENTIFYING BUILD-READY SITES,
 CONSIDER THE ABILITY TO RECOUP FUNDS ALLOCATED OR SPENT  IN  FURTHERANCE
 OF  THE  PROGRAMS  CREATED  PURSUANT TO THIS TITLE.   ANY PROCEEDS, LESS
 PROGRAM EXPENSES AND ADMINISTRATION, SO EARNED BY THE AUTHORITY PURSUANT
 TO THIS TITLE SHALL BE REINVESTED IN ACCORDANCE WITH A PLAN APPROVED  BY
 THE COMMISSION;
   10.  WHERE THE AUTHORITY DETERMINES THAT IT WOULD BE BENEFICIAL TO THE
 POLICY EMBODIED IN THIS TITLE, OFFER FINANCING OR  OTHER  INCENTIVES  TO
 ELIGIBLE  DEVELOPERS  THROUGH  A  COMPETITIVE PROCESS, INCLUDING WITHOUT
 LIMITATION MEASURES  AND  ACTIVITIES  UNDERTAKEN  BY  THE  AUTHORITY  IN
 CONJUNCTION WITH ITS ADMINISTRATION OF THE STATE'S CLEAN ENERGY STANDARD
 OR  SIMILAR PROGRAM AS ESTABLISHED IN COMMISSION ORDERS, INCLUDING WITH-
 OUT LIMITATION ORDERS ISSUED IN COMMISSION CASE NUMBER 15-E-0302; AND
   11. REQUEST AND RECEIVE THE ASSISTANCE  OF,  THE  DEPARTMENTS  OR  ANY
 OTHER  STATE  AGENCY  OR  AUTHORITY,  WITHIN  THEIR  RESPECTIVE RELEVANT
 SUBJECT MATTER EXPERTISE, TO SUPPORT THE ADMINISTRATION OF  THE  PROGRAM
 CREATED PURSUANT TO THIS TITLE.
   § 1903. ELIGIBILITY. THE AUTHORITY MAY ESTABLISH AND REVISE ANY ELIGI-
 BILITY  AND  EVALUATION  CRITERIA  IT  DEEMS  APPROPRIATE FOR THE PROPER
 ADMINISTRATION OF THE PROGRAMS CREATED PURSUANT TO THIS TITLE.
   § 1904. FUNDING. 1. THE AUTHORITY MAY SEEK FUNDING FROM ANY AUTHORIZED
 OR OTHER AVAILABLE SOURCE TO ADMINISTER THIS PROGRAM.
   2. WITHOUT LIMITING THE FOREGOING, THE AUTHORITY SHALL SUBMIT A  PETI-
 TION OR OTHER APPROPRIATE FILING TO THE COMMISSION DESCRIBING THE ACTIV-
 ITIES  IT  HAS TAKEN AND PLANS TO UNDERTAKE IN FURTHERANCE OF THE POLICY
 EMBODIED IN THIS TITLE. SUCH FILING MAY INCLUDE A REQUEST FOR FUNDING TO
 ALLOW SUCH ACTIVITIES TO PROCEED PROMPTLY AND FOR A PERIOD OF  AT  LEAST
 FIVE  YEARS  FROM THE DATE OF THE ORDER RESPONDING TO SUCH PETITION. THE
 COMMISSION SHALL, IN ACCORDANCE WITH AND AS PROMPTLY  AS  AUTHORIZED  BY
 EXISTING  LAW  AND  REGULATION  BUT  IN  NO  EVENT MORE THAN FOUR MONTHS
 FOLLOWING THE SUBMISSION OF THE PETITION, ISSUE AN ORDER  RESPONDING  TO
 SUCH  PETITION SUBJECT TO ANY NECESSARY AND REASONABLE LIMITATIONS BASED
 ON THE PUBLIC SERVICE LAW.
   § 1905. REPORTING.  1. EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-ONE,
 THE AUTHORITY SHALL ISSUE AN ANNUAL REPORT SPECIFYING:
   (A)  ANY PROCEEDS, LESS PROGRAM EXPENSES AND ADMINISTRATION, SO EARNED
 BY THE AUTHORITY PURSUANT TO THIS TITLE;
   (B)  THE SITES AUCTIONED FOR DEVELOPMENT PURSUANT TO SUBDIVISION 5  OF
 SECTION NINETEEN HUNDRED TWO OF THIS TITLE;
   (C)  THE  IDENTITY  OF DEVELOPERS TO WHOM RIGHTS HAVE BEEN TRANSFERRED
 PURSUANT TO SECTION NINETEEN HUNDRED TWO OF THIS TITLE; AND,
   (D)   THE RESULTING RENEWABLE ENERGY PRODUCTION.
   2. THE AUTHORITY SHALL SUBMIT SUCH REPORT TO THE GOVERNOR, THE  TEMPO-
 RARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY. A COPY OF
 THE REPORT SHALL ALSO BE POSTED ON THE AUTHORITY'S WEBSITE.
   §  7.  State power grid study and program to achieve CLCPA targets. 1.
 As used in this section:

 S. 7508--B                         116                        A. 9508--B

   (a) "CLCPA targets" means  the  public  policies  established  in  the
 climate  leadership  and community protection act enacted in chapter 106
 of the laws of 2019, including the requirements that a  minimum  of  70%
 statewide electric generation be produced by renewable energy systems by
 2030,  by  the  year  2040  the  statewide electrical demand system will
 generate zero emissions, and the  state's  jurisdictional  load  serving
 entities  will procure at least 9 gigawatts of offshore wind electricity
 generation by 2035, 6 gigawatts  of  photovoltaic  solar  generation  by
 2025,  and  support  3 gigawatts of statewide energy storage capacity by
 2030, as such policies may from time to time be amended.
   (b) "Commission" means the public service commission.
   (c) "Department" means the department of public service.
   (d) "Distribution upgrade" means a new  distribution  facility  or  an
 improvement,  enhancement,  replacement,  or  other  modification to the
 electric power grid at the distribution level  in  a  utility's  service
 territory that facilitates achievement of the CLCPA targets.
   (e)  "Local  transmission  upgrade"  means a new transmission facility
 that is identified within a utility's local transmission  capital  plan,
 an  upgrade to a local transmission facility as defined in the tariff of
 the state grid operator, or an improvement, enhancement, replacement, or
 other modification to a transmission facility  in  a  utility's  service
 territory that facilitates achievement of the CLCPA targets.
   (f) "Major renewable energy facility" has the same meaning as in para-
 graph (g) of subdivision 2 of section 94-c of the executive law.
   (g)  "Bulk  transmission investment" means a new transmission facility
 or an improvement, enhancement, replacement, or  other  modification  to
 the state's bulk electric transmission grid that facilitates achievement
 of the CLCPA targets and includes without limitation alternating current
 facilities  and high voltage direct current facilities, including subma-
 rine transmission facilities.
   (h) "State grid operator" means the federally designated electric bulk
 system operator for New York state.
   (i) "Utility" means an electric transmission or  delivery  utility  or
 any  other  person  owning  or  maintaining  an electric transmission or
 delivery system, over which the commission has jurisdiction.
   2. The department, in consultation with  the  New  York  state  energy
 research  and development authority, the power authority of the state of
 New York, the Long Island power authority, the state grid operator,  and
 the  utilities  shall undertake a comprehensive study for the purpose of
 identifying distribution upgrades, local transmission upgrades and  bulk
 transmission investments that are necessary or appropriate to facilitate
 the  timely  achievement of the CLCPA targets (collectively, "power grid
 study").  The  power  grid  study  shall  identify  needed  distribution
 upgrades and local transmission upgrades for each utility service terri-
 tory and separately address needed bulk transmission system investments.
 In  performing  the  study,  the  department may consider such issues it
 determines to be appropriate including by way of  example  system  reli-
 ability;  safety;  cost-effectiveness  of  upgrades  and  investments in
 promoting development of major renewable energy facilities and relieving
 or avoiding constraints; and factors considered by the office of renewa-
 ble energy siting in  issuing  and  enforcing  renewable  energy  siting
 permits  pursuant  to section 94-c of the executive law. In carrying out
 the study, the department shall gather input from owners and  developers
 of  competitive  transmission  projects,  the  state  grid operator, and
 providers of transmission technology and smart  grid  solutions  and  to
 utilize  information  available  to  the department from other pertinent

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 studies or research relating to modernization of the state's power grid.
 To enable the state to meet the CLCPA targets in an orderly and cost-ef-
 fective manner, the department may issue findings and recommendations as
 part  of  the power grid study at reasonable intervals but shall make an
 initial report of findings and recommendations within 270  days  of  the
 effective date of this section.
   3.  The  commission  shall, within 60 days of the initial findings and
 recommendations required by subdivision two of this section, or at  such
 earlier  time as the commission determines to be appropriate, commence a
 proceeding to establish a distribution and  local  transmission  capital
 plan  for  each  utility in whose service territory the power grid study
 identified distribution upgrades and local  transmission  upgrades  that
 the  department  determines  are necessary or appropriate to achieve the
 CLCPA targets (the "state distribution and  local  transmission  upgrade
 programs").  The  state  distribution  and  local  transmission  upgrade
 programs shall establish a prioritized schedule  upon  which  each  such
 upgrade  shall  be  accomplished.    Concurrently, the Long Island power
 authority shall  establish  a  capital  program  to  address  identified
 distribution and local transmission upgrades in its service territory.
   4.  The  commission  shall, within 60 days of the initial findings and
 recommendations required by subdivision two of this section, commence  a
 proceeding  to  establish a bulk transmission system investment program,
 consistent with the commissions siting authority in  article  7  of  the
 public  service  law  that identifies bulk transmission investments that
 the commission determines are necessary or appropriate  to  achieve  the
 CLCPA  targets  (the  "state  bulk  transmission  investment plan"). The
 commission shall establish a prioritized schedule for implementation  of
 the  state  bulk  transmission  investment plan and, in particular shall
 identify projects which shall be completed  expeditiously  to  meet  the
 CLCPA  targets.    The  state bulk transmission investment plan shall be
 submitted by the commission to the state grid operator  for  appropriate
 incorporation  into  the  state  grid operator's studies and plans.  The
 commission shall utilize the state grid operator's public policy  trans-
 mission  planning  process to select a project necessary for implementa-
 tion of the state bulk transmission investment plan, and shall  identify
 such projects no later than eight months following a notice of the state
 grid  operator's  public  policy  transmission  planning  process cycle,
 except that for those projects for which the commission determines there
 is a need to proceed expeditiously to promote the state's public  policy
 goals,  such projects shall be designated and proceed in accordance with
 subdivision five of this  section.  The  commission  shall  periodically
 review  and  update the state bulk transmission investment plan, and its
 designation of projects in that plan  which  shall  be  completed  expe-
 ditiously.
   5. The legislature finds and determines that timely development of the
 bulk  transmission investments identified in the state bulk transmission
 investment plan is in the public interest of the people of the state  of
 New  York.  The  legislature further finds and determines that the power
 authority of the state of New York ("power authority") owns and operates
 backbone electric transmission assets in  New  York,  has  rights-of-way
 that  can  support  in  whole  or  in  part bulk transmission investment
 projects, and has the financial stability, access to capital,  technical
 expertise  and  experience to effectuate expeditious development of bulk
 transmission investments  needed  to  help  the  state  meet  the  CLCPA
 targets,  and  thus  it is appropriate for the power authority as deemed
 feasible and advisable by its trustees, by itself  or  in  collaboration

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 with  other parties as it determines to be appropriate, to develop those
 bulk transmission investments found by the commission to be needed expe-
 ditiously to achieve CLCPA targets ("priority  transmission  projects").
 The  power  authority  shall, through a public process, solicit interest
 from potential co-participants in each project it has agreed to  develop
 and  assess  whether any joint development would provide for significant
 additional benefits in achieving the CLCPA targets. The power  authority
 may  thereafter determine to undertake the development of the project on
 its own, or undertake the project jointly with one or more other parties
 on such terms and conditions as the power authority finds to  be  appro-
 priate  and,  notwithstanding  any other law to the contrary, enter into
 such agreements and take such other actions the power  authority  deter-
 mines to be necessary in order to undertake and complete timely develop-
 ment  of the project.  The intent of this act is for the power authority
 to develop priority transmission projects authorized  in  this  subdivi-
 sion.   For priority projects that the authority determines to undertake
 and that are not substantially within  the  power  authority's  existing
 rights  of way, the authority shall, as deemed feasible and advisable by
 its board of trustees, select  private  sector  participants  through  a
 competitive bidding process, provided however that priority transmission
 projects  is  not  intended to include generation lead lines, or repairs
 to, replacement of or upgrades to the power authority's own transmission
 assets.
   6. For the state distribution and local transmission upgrade  program,
 the commission shall address implementation of such upgrades pursuant to
 the  existing  processes  under  the public service law.  The department
 shall also make recommendations to the Long Island power  authority  for
 upgrades  for  purposes  of  assisting  the  state  to achieve the CLCPA
 targets.
   7. No later than January 1, 2023, and every 4  years  thereafter,  the
 commission  shall,  after  notice  and  provision for the opportunity to
 comment, issue a comprehensive review of the actions taken  pursuant  to
 this section and their impacts on grid congestion and achievement of the
 CLCPA  targets,  and  shall  institute new proceedings as the commission
 determines to be necessary to address any deficiencies identified there-
 with.
   8. The power authority of the state of New York and the New York state
 energy research and  development  authority,  are  each  authorized,  as
 deemed  feasible and advisable by their respective boards, to contribute
 to the cost of the power grid study required by subdivision two of  this
 section.
   9. Nothing in this section is intended to:
   (a) limit, impair, or affect the legal authority of the power authori-
 ty that existed as of the effective date of this section; or
   (b) limit the authority of the power authority to undertake any trans-
 mission  project,  including  bulk transmission investments, and recover
 costs under any other process or procedure authorized by state or feder-
 al law as the authority determines to be appropriate.
   § 8. Host community benefit. 1. Definitions. As used in this  section,
 the following terms shall have the following meanings:
   (a)  "Renewable  host  community"  shall  mean any municipality within
 which a major renewable energy facility  defined  in  paragraph  (h)  of
 subdivision 2 of section 94-c of the executive law, or any portion ther-
 eof, has been proposed for development.
   (b) "Renewable owner" shall mean the owner of a major renewable energy
 facility  constructed  after  the effective date of this section that is

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 proposed to be located in a host community, for which the New York state
 energy research and development authority has executed an agreement  for
 the  acquisition  of  environmental attributes related to a solicitation
 issued by such authority after the effective date of this section.
   (c)  "Utility" means an electric distribution utility regulated pursu-
 ant to section 66 of the public service law and serving customers within
 a host community.
   2. The public service commission shall, within 60 days from the effec-
 tive date hereof, commence a proceeding to  establish  a  program  under
 which  renewable  owners  would  fund a program to provide a discount or
 credit on the utility bills of the utility's customers  in  a  renewable
 host  community,  or  a  compensatory  or  environmental benefit to such
 customers. Such proceeding shall determine the amount of such  discount,
 credit,  compensatory  or  environmental  benefit  based  on all factors
 deemed appropriate by the commission,  including  the  expected  average
 electrical output of the facility, the average number of customers with-
 in the renewable host community, and the expected aggregate annual elec-
 tric  consumption  within  such  renewable host community, the potential
 impact on environmental justice communities, and the role of  utilities,
 if  any,  in  implementing  any  aspect of such program. The Long Island
 power authority shall establish a program for  renewable  facilities  in
 its service territory to achieve the same objectives.
   §  9. Subdivision 3 of section 123 of the public service law, as added
 by chapter 252 of the laws of 2002, is amended to read as follows:
   3. Unless otherwise stipulated by the  applicant[,  a  final  determi-
 nation  regarding  an  application for a certificate to construct trans-
 mission facilities for interconnection with  a  wind  energy  production
 facility  located  in  the  county of Lewis shall be rendered within six
 months from the date of receipt of a compliant application.]:
   (A) PROCEEDINGS ON AN APPLICATION FOR  A  MAJOR  UTILITY  TRANSMISSION
 FACILITY  AS  DEFINED  IN  PARAGRAPH A OF SUBDIVISION TWO OF SECTION ONE
 HUNDRED TWENTY OF THIS ARTICLE  SHALL  BE  COMPLETED  IN  ALL  RESPECTS,
 INCLUDING  A FINAL DECISION BY THE COMMISSION, WITHIN TWELVE MONTHS FROM
 THE DATE OF A DETERMINATION BY THE SECRETARY OF THE COMMISSION  THAT  AN
 APPLICATION  COMPLIES  WITH SECTION ONE HUNDRED TWENTY-TWO OF THIS ARTI-
 CLE; PROVIDED, HOWEVER,  THE  COMMISSION  MAY  EXTEND  THE  DEADLINE  IN
 REASONABLE  CIRCUMSTANCES  BY  NO  MORE THAN SIX MONTHS IN ORDER TO GIVE
 CONSIDERATION TO  SPECIFIC  ISSUES  NECESSARY  TO  DEVELOP  AN  ADEQUATE
 RECORD,  BECAUSE  THE  APPLICANT  HAS  BEEN  UNABLE  TO OBTAIN NECESSARY
 APPROVALS AND/OR CONSENTS RELATED TO  HIGHWAY  CROSSINGS  OR  FOR  OTHER
 REASONS  DEEMED  IN  THE  PUBLIC INTEREST. THE COMMISSION SHALL RENDER A
 FINAL DECISION ON THE APPLICATION BY THE AFOREMENTIONED DEADLINES UNLESS
 SUCH DEADLINES ARE WAIVED BY THE APPLICANT OR IF THE  APPLICANT  NOTICES
 THE APPLICATION FOR SETTLEMENT, IN WHICH CASE THE TIMEFRAMES ESTABLISHED
 IN THIS PARAGRAPH ARE TOLLED UNTIL SUCH TIME THAT SETTLEMENT DISCUSSIONS
 ARE  SUSPENDED.    IF, AT ANY TIME SUBSEQUENT TO THE COMMENCEMENT OF THE
 HEARING, THERE IS A SUBSTANTIVE AND SIGNIFICANT AMENDMENT TO THE  APPLI-
 CATION,  THE  COMMISSION SHALL PROMPTLY FIX A DATE FOR COMMENCEMENT OF A
 PUBLIC HEARING THEREON, SUCH PUBLIC HEARING TO COMMENCE  NO  LATER  THAN
 SIXTY DAYS AFTER RECEIPT OF SUCH AMENDMENT. THE COMMISSION SHALL ISSUE A
 FINAL  DECISION THEREON NO LATER THAN SIX MONTHS AFTER THE CONCLUSION OF
 THE PUBLIC HEARING, UNLESS SUCH DEADLINE IS WAIVED BY THE APPLICANT.
   (B) THE COMMISSION SHALL, FOR THE PURPOSE  OF  MEETING  THE  GOALS  OF
 CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, PROMULGATE
 RULES  OR  REGULATIONS TO ESTABLISH AN EXPEDITED PROCESS FOR PROCEEDINGS
 ON APPLICATIONS FOR A MAJOR UTILITY TRANSMISSION FACILITY AS DEFINED  IN

 S. 7508--B                         120                        A. 9508--B
 
 PARAGRAPH  A  OF  SUBDIVISION  TWO OF SECTION ONE HUNDRED TWENTY OF THIS
 ARTICLE THAT (I) WOULD BE  CONSTRUCTED  WITHIN  EXISTING  RIGHTS-OF-WAY,
 (II)  THE  COMMISSION  DETERMINES IN CONSULTATION WITH THE DEPARTMENT OF
 ENVIRONMENTAL  CONSERVATION  WOULD NOT RESULT IN ANY SIGNIFICANT ADVERSE
 ENVIRONMENTAL IMPACTS CONSIDERING CURRENT USES AND  CONDITIONS  EXISTING
 AT  THE  SITE, OR (III) WOULD NECESSITATE EXPANDING THE EXISTING RIGHTS-
 OF-WAY BUT SUCH EXPANSION IS ONLY FOR THE PURPOSE OF COMPLYING WITH LAW,
 REGULATIONS, OR INDUSTRY PRACTICES RELATING TO ELECTROMAGNETIC FIELDS.
   (C) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (I) "EXPEDITED PROCESS" SHALL MEAN A PROCESS FOR PROCEEDINGS ON APPLI-
 CATIONS  FOR A MAJOR ELECTRIC TRANSMISSION FACILITY THAT IS COMPLETED IN
 ALL RESPECTS, INCLUDING A FINAL DECISION BY THE COMMISSION, WITHIN  NINE
 MONTHS  FROM THE DATE OF A DETERMINATION BY THE SECRETARY OF THE COMMIS-
 SION THAT AN APPLICATION COMPLIES WITH SECTION ONE HUNDRED TWENTY-TWO OF
 THIS ARTICLE; PROVIDED, HOWEVER,  THAT  IF  THE  APPLICANT  NOTICES  THE
 APPLICATION  FOR SETTLEMENT, THE TIMEFRAME ESTABLISHED IN THIS PARAGRAPH
 SHALL  BE  TOLLED  UNTIL  SUCH  TIME  THAT  SETTLEMENT  DISCUSSIONS  ARE
 SUSPENDED.
   (II)  "RIGHT-OF-WAY"  SHALL  MEAN  (A)  REAL  PROPERTY THAT IS USED OR
 AUTHORIZED TO BE USED FOR ELECTRIC UTILITY PURPOSES, OR (B) REAL PROPER-
 TY OWNED OR CONTROLLED BY OR UNDER THE  JURISDICTION  OF  THE  STATE,  A
 DISTRIBUTION  UTILITY, OR A STATE PUBLIC AUTHORITY INCLUDING BY MEANS OF
 OWNERSHIP, LEASE OR EASEMENT, THAT IS USED OR AUTHORIZED TO BE USED  FOR
 TRANSPORTATION OR CANAL PURPOSES.
   §  10.  Paragraphs  (c) and (d) of subdivision 1 of section 126 of the
 public service law, paragraph (c) as amended by chapter 406 of the  laws
 of 1987 and paragraph (d) as amended by chapter 521 of the laws of 2015,
 are amended to read as follows:
   (c) that  the facility [represents the minimum] AVOIDS OR MINIMIZES TO
 THE EXTENT PRACTICABLE ANY  SIGNIFICANT  adverse  environmental  impact,
 considering the state of available technology and the nature and econom-
 ics  of  the  various  alternatives,  and other pertinent considerations
 including  but  not  limited  to,  the  effect  on  agricultural  lands,
 wetlands, parklands and river corridors traversed;
   (d)  that  the  facility [represents a minimum] AVOIDS OR MINIMIZES TO
 THE EXTENT PRACTICABLE ANY SIGNIFICANT adverse impact on active  farming
 operations  that  produce  crops,  livestock  and livestock products, as
 defined in section three hundred one of the agriculture and markets law,
 considering the state of available technology and the nature and econom-
 ics of various alternatives, and the ownership and  easement  rights  of
 the impacted property;
   §  11. Notwithstanding section 2897 of the public authorities law, the
 power authority of the state of New York and the New York  state  energy
 research  and  development  authority  may each negotiate and enter into
 agreements with other parties providing for the conveyance of  interests
 in  real  property provided that in the case of any such conveyance such
 entity determines that the conveyance will further the purposes of  this
 act or provide other benefits to the entity or the state.
   §  12.  The  environmental conservation law is amended by adding a new
 section 11-0535-c to read as follows:
 § 11-0535-C. ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND.
   1. THE DEPARTMENT IS HEREBY AUTHORIZED TO UTILIZE FUNDS IN THE  ENDAN-
 GERED  AND THREATENED SPECIES MITIGATION BANK FUND, ESTABLISHED PURSUANT
 TO SECTION NINETY-NINE-HH OF THE STATE FINANCE LAW, FOR THE PURPOSES  OF

 S. 7508--B                         121                        A. 9508--B
 
 IMPLEMENTING  AN  ENDANGERED  AND  THREATENED  SPECIES  MITIGATION  PLAN
 APPROVED BY THE DEPARTMENT.
   2.  SUCH  FUND SHALL CONSIST OF CONTRIBUTIONS, IN AN AMOUNT DETERMINED
 BY THE DEPARTMENT, DEPOSITED BY AN APPLICANT GRANTED A SITING PERMIT  TO
 CONSTRUCT  A  MAJOR  RENEWABLE ENERGY FACILITY, WHERE SUCH APPLICANT HAS
 BEEN ORDERED TO MITIGATE HARM TO A THREATENED OR ENDANGERED  SPECIES  OR
 ITS HABITAT.
   3. IN ADMINISTERING THE PROVISIONS OF THIS ARTICLE, THE COMMISSIONER:
   A.  MAY,  IN THE NAME OF THE STATE, ENTER INTO CONTRACTS WITH NOT-FOR-
 PROFIT  CORPORATIONS,  PRIVATE  OR  PUBLIC  UNIVERSITIES,  AND   PRIVATE
 CONTRACTORS  FOR  SERVICES  CONTEMPLATED  BY  THIS TITLE. SUCH CONTRACTS
 SHALL BE SUBJECT TO APPROVAL BY THE STATE COMPTROLLER AND, AS  TO  FORM,
 BY THE ATTORNEY GENERAL.
   B.  SHALL  APPROVE  VOUCHERS  FOR  PAYMENTS  PURSUANT  TO  AN APPROVED
 CONTRACT.  ALL SUCH PAYMENTS SHALL BE PAID ON THE AUDIT AND  WARRANT  OF
 THE STATE COMPTROLLER;
   C. MAY, IN THE NAME OF THE STATE, ENTER INTO CONTRACTS WITH A NOT-FOR-
 PROFIT  CORPORATION  TO  ADMINISTER  GRANTS MADE PURSUANT TO THIS TITLE,
 INCLUDING THE APPROVAL AND PAYMENT OF VOUCHERS FOR  APPROVED  CONTRACTS;
 AND
   D.  MAY PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROP-
 ER, OR DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
   4. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT OR RESTRICT ANY
 POWERS OF THE COMMISSIONER OR ANY OTHER AGENCY  PURSUANT  TO  ANY  OTHER
 PROVISION OF LAW.
   5. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO PROMULGATE ANY REGU-
 LATIONS DEEMED NECESSARY TO IMPLEMENT THIS SECTION.
   §  13.  The state finance law is amended by adding a new section 99-hh
 to read as follows:
   § 99-HH. ENDANGERED AND THREATENED SPECIES MITIGATION  BANK  FUND.  1.
 THERE  IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMPTROLLER AND
 THE COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE  KNOWN  AS
 THE "ENDANGERED AND THREATENED SPECIES MITIGATION BANK FUND".
   2.  SUCH  FUND  SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
 PROVISIONS OF SECTION 11-0535-C OF THE  ENVIRONMENTAL  CONSERVATION  LAW
 AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR TRANSFERRED THERETO FROM
 ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
   3. ALL MONEYS DEPOSITED IN THE ENDANGERED AND THREATENED SPECIES MITI-
 GATION  BANK  FUND SHALL BE AVAILABLE FOR PROJECTS UNDERTAKEN TO FACILI-
 TATE A NET CONSERVATION BENEFIT TO  ENDANGERED  AND  THREATENED  SPECIES
 POTENTIALLY IMPACTED BY A MAJOR RENEWABLE ENERGY FACILITY.
   4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY  THE  COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION.
   §  14.  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 invalidate
 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.
   § 15. This act shall take effect immediately and shall expire December
 31, 2030 when upon such date this act shall be deemed repealed; provided
 that  such  repeal shall not affect or impair any act done, any applica-
 tion  filed,  any  right,  permit  or  authorization  awarded,  accrued,
 received  or acquired, or any liability incurred, prior to the time such
 repeal takes effect, and provided further that any project for which the

 S. 7508--B                         122                        A. 9508--B
 
 New York state energy research and development authority  has  expended,
 or  committed  to a third party to expend, funds towards the development
 of a build-ready site prior to such repeal shall be permitted to contin-
 ue  in  accordance with title 9-B of article 8 of the public authorities
 law notwithstanding such repeal; provided further that any  bulk  trans-
 mission  investments  the  power  authority of the state of New York has
 notified the public service commission of its intent to develop individ-
 ually or jointly prior to such repeal shall  be  permitted  to  continue
 under this act notwithstanding such repeal, and provided further that on
 the  effective  date  of this act, the office of renewable energy siting
 shall be authorized to promulgate any rules or regulations necessary  to
 implement section four of this act.
 
                                 PART KKK
 
   Section  1.  Subdivision  1 of section 436 of the economic development
 law, as added by section 1 of part A of chapter 68 of the laws of  2013,
 is amended to read as follows:
   1.  A  campus,  university or college that has sponsored a tax-free NY
 area (including any strategic state asset affiliated  with  the  campus,
 university  or college) shall solicit and accept applications from busi-
 nesses to locate in such area that are consistent with the plan of  such
 campus,  university  or  college  or strategic state asset that has been
 approved pursuant to section four hundred thirty-five of  this  article.
 Any  business  that wants to locate in a tax-free NY area must submit an
 application to the campus, university or college which is sponsoring the
 tax-free NY area by December thirty-first, two thousand  [twenty]  TWEN-
 TY-FIVE.  Prior  to  such date, the commissioner shall prepare an evalu-
 ation on the effectiveness of the START-UP NY program and deliver it  to
 the  governor and the legislature to determine continued eligibility for
 application submissions.
   § 2. This act shall take effect immediately.
 
                                 PART LLL
 
   Section 1. Section 1265 of the public authorities law  is  amended  by
 adding a new subdivision 3-a to read as follows:
   3-A.  (A)  TO  BORROW MONEY, TO ISSUE NEGOTIABLE NOTES, BONDS OR OTHER
 OBLIGATIONS AND TO PROVIDE FOR THE RIGHTS OF THE HOLDERS THEREOF, IN THE
 FISCAL YEARS OF THE AUTHORITY BEGINNING IN TWO THOUSAND  TWENTY  THROUGH
 TWO  THOUSAND  TWENTY-TWO  TO OFFSET DECREASES IN REVENUE, INCLUDING BUT
 NOT LIMITED TO, LOST TAXES, FEES, CHARGES, FARES AND TOLLS, OR INCREASES
 IN OPERATING COSTS OF THE AUTHORITY AND ITS SUBSIDIARY CORPORATIONS, THE
 NEW YORK CITY TRANSIT AUTHORITY AND ITS SUBSIDIARY CORPORATIONS AND  THE
 TRIBOROUGH  BRIDGE  AND  TUNNEL AUTHORITY DUE IN WHOLE OR IN PART TO THE
 STATE DISASTER EMERGENCY CAUSED  BY  THE  NOVEL  CORONAVIRUS,  COVID-19;
 PROVIDED, THAT SUCH NOTES, BONDS OR OTHER OBLIGATIONS SHALL BE ISSUED IN
 ACCORDANCE  WITH  THE PROVISIONS OF SECTION TWELVE HUNDRED SIXTY-NINE OF
 THIS TITLE, EXCEPT THAT THE LAST SENTENCE  OF  SUBDIVISION  TWO  THEREOF
 RELATING TO THE APPROVAL OF THE COMPTROLLER OR THE DIRECTOR OF THE BUDG-
 ET,  AS  APPLICABLE,  FOR PRIVATE SALES, AND SUBDIVISION TWELVE THEREOF,
 AND THE PROVISIONS OF SECTION TWELVE HUNDRED SIXTY-NINE-B OF THIS TITLE,
 SHALL NOT BE APPLICABLE WITH RESPECT TO  NOTES,  BONDS  OR  OTHER  OBLI-
 GATIONS  ISSUED FOR SUCH PURPOSES. NO SALE OF SUCH NOTES, BONDS OR OTHER
 OBLIGATIONS OF THE AUTHORITY MAY BE  SOLD  BY  THE  AUTHORITY,  HOWEVER,
 PRIOR  TO  THE  EARLIER  OF  (I) SEVEN DAYS FOLLOWING THE RECEIPT BY THE

 S. 7508--B                         123                        A. 9508--B
 
 STATE COMPTROLLER OF NOTICE BY THE AUTHORITY OF SUCH PROPOSED  SALE  AND
 THE  TERMS  THEREOF  OR  (II)  THE RECEIPT BY THE AUTHORITY OF THE STATE
 COMPTROLLER'S COMMENTS ON SUCH PROPOSED  SALE  AND  THE  TERMS  THEREOF.
 ADDITIONALLY,  NO  SALE OF SUCH NOTES, BONDS OR OTHER OBLIGATIONS OF THE
 AUTHORITY MAY BE SOLD BY THE AUTHORITY, HOWEVER, UNLESS  SUCH  SALE  AND
 THE  TERMS  THEREOF HAVE BEEN APPROVED IN WRITING BY THE DIRECTOR OF THE
 BUDGET. THE PROCEEDS OF THE SALE OF SUCH NOTES,  BONDS  OR  OTHER  OBLI-
 GATIONS  SHALL  BE  TAKEN  INTO  CONSIDERATION AS "REVENUE AND ANY OTHER
 FUNDS OR PROPERTY ACTUALLY AVAILABLE TO THE AUTHORITY AND ITS SUBSIDIARY
 CORPORATIONS" WITHIN THE MEANING OF SUBDIVISION THREE OF SECTION  TWELVE
 HUNDRED  SIXTY-SIX  OF  THIS  TITLE.  THE  AGGREGATE PRINCIPAL AMOUNT OF
 BONDS, NOTES OR OTHER OBLIGATIONS ISSUED PURSUANT  TO  THIS  SUBDIVISION
 SHALL NOT EXCEED TEN BILLION DOLLARS.
   (B)  THE  AUTHORITY  SHALL  REPORT  ON  ANY  ISSUANCES  OR OBLIGATIONS
 INCURRED RELATED TO PARAGRAPH (A) OF THIS SUBDIVISION. SUCH REPORT SHALL
 INCLUDE, BUT NOT BE LIMITED TO, AN EXPLANATION OF EACH  NOTE,  BOND,  OR
 OBLIGATION  AND THEIR RESPECTIVE VALUES ISSUED BY THE AUTHORITY PURSUANT
 TO DECREASES IN REVENUE IN WHOLE OR IN PART DUE TO  THE  STATE  DISASTER
 EMERGENCY  CAUSED BY NOVEL CORONAVIRUS, COVID-19.  THE REPORT SHALL ALSO
 PROVIDE: (I) DETAILS OF SUCH DECREASES IN REVENUE IN WHOLE, (II) DETAILS
 OF SUCH DECREASES IN REVENUE IN PART, (III) DETAILS OF SUCH INCREASES IN
 COSTS, (IV) THE METHODOLOGY USED BY THE AUTHORITY OR METROPOLITAN TRANS-
 PORTATION AUTHORITY TO CALCULATE SUCH CHANGES, (V)  AN  EXPLANATION  FOR
 ATTRIBUTING  A  PARTICULAR  INCREASE IN COST OR A PARTICULAR DECREASE IN
 REVENUE, TO THE STATE DISASTER EMERGENCY CAUSED BY  CORONAVIRUS,  COVID-
 19,  AND  (VI)  HOW  THE  AUTHORITY DETERMINED THAT THE PARTICULAR NOTE,
 BOND, OR OBLIGATION ISSUED WAS ITS  MOST  DESIRED  OPTION.  SUCH  REPORT
 SHALL  BE  POSTED  ON  THE  AUTHORITY'S  WEBSITE AND BE SUBMITTED TO THE
 GOVERNOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  SPEAKER  OF  THE
 ASSEMBLY,  THE  MAYOR AND COUNCIL OF THE CITY OF NEW YORK, THE METROPOL-
 ITAN TRANSPORTATION AUTHORITY BOARD, AND THE METROPOLITAN TRANSPORTATION
 AUTHORITY CAPITAL PROGRAM REVIEW BOARD.
   § 2. This act shall take effect immediately, provided  that  paragraph
 (a)  of subdivision 3-a of section 1265 of the public authorities law as
 added by section one of this act shall expire  and  be  deemed  repealed
 three  years  after such effective date, provided that such repeal shall
 not affect the terms of any notes, bonds, or  other  obligations  issued
 prior to such repeal.
 
                                 PART MMM
 
   Section 1. Subdivisions 2 and 4 of section 553-j of the public author-
 ities  law, as added by section 5 of subpart A of part ZZZ of chapter 59
 of the laws of 2019, are amended to read as follows:
   2. Monies in the fund shall be applied,  subject  to  agreements  with
 bondholders  and  applicable  federal  law, to the payment of operating,
 administration, and other necessary expenses of the authority, or to the
 city of New York subject to the  memorandum  of  understanding  executed
 pursuant  to  subdivision two-a of section seventeen hundred four of the
 vehicle and traffic law properly allocable to  such  program,  including
 the  planning, designing, constructing, installing or maintaining of the
 central business district tolling program,  including,  without  limita-
 tion,  the central business district tolling infrastructure, the central
 business district tolling collection system  and  the  central  business
 district tolling customer service center, and the costs of any metropol-
 itan  transportation authority capital projects included within the 2020

 S. 7508--B                         124                        A. 9508--B
 
 to 2024 MTA capital program or any successor  programs.  Monies  in  the
 fund  may  be:  (a) pledged by the authority to secure and be applied to
 the payment of the bonds, notes or other obligations of the authority to
 finance  the  costs  of  the  central business district tolling program,
 including, without limitation, the  central  business  district  tolling
 infrastructure,  the central business district tolling collection system
 and the central business district tolling customer service  center,  and
 the  costs of any metropolitan transportation authority capital projects
 included within the 2020 to 2024 MTA capital program  or  any  successor
 programs,  including  debt  service,  reserve  requirements, if any, the
 payment of amounts required under bond and note facilities or agreements
 related thereto, the payment of federal government  loans,  security  or
 credit  arrangements or other agreements related thereto; or (b) used by
 the authority for the payment of such capital costs of the central busi-
 ness district tolling program and the costs of any  metropolitan  trans-
 portation  authority  capital  projects included within the 2020 to 2024
 MTA capital program or any successor programs; or (c) transferred to the
 metropolitan transportation authority and (1) pledged by  the  metropol-
 itan transportation authority to secure and be applied to the payment of
 the bonds, notes or other obligations of the metropolitan transportation
 authority  to  finance  the  costs  of  any  metropolitan transportation
 authority capital projects included within the 2020 to 2024 MTA  capital
 program  or  any  successor  programs,  including  debt service, reserve
 requirements, if any, the payment of amounts  required  under  bond  and
 note  facilities  or  agreements related thereto, the payment of federal
 government loans, security or credit arrangements  or  other  agreements
 related thereto, or (2) used by the metropolitan transportation authori-
 ty  for  the  payment  of  the  costs of any metropolitan transportation
 authority capital projects included within the 2020 to 2024 MTA  capital
 program  or  any  successor  programs, OR (3) SUBJECT TO APPROVAL BY THE
 BOARD OF THE METROPOLITAN TRANSPORTATION AUTHORITY AND THE  DIRECTOR  OF
 THE  BUDGET, USED BY THE METROPOLITAN TRANSPORTATION AUTHORITY IN ALL OR
 ANY OF THE FISCAL YEARS OF THE AUTHORITY BEGINNING IN 2020 THROUGH  2021
 TO  OFFSET  DECREASES  IN  REVENUE,  INCLUDING  BUT NOT LIMITED TO, LOST
 TAXES, FEES, CHARGES, FARES AND TOLLS, DUE  IN  WHOLE  OR  IN  PART,  OR
 INCREASES IN OPERATING COSTS DUE IN WHOLE TO THE STATE DISASTER EMERGEN-
 CY  CAUSED  BY THE NOVEL CORONAVIRUS, COVID-19. Such revenues shall only
 supplement and shall not supplant any federal,  state,  or  local  funds
 expended  by the authority or the metropolitan transportation authority,
 or such authority's or metropolitan  transportation  authority's  affil-
 iates  or  subsidiaries  for  such respective purposes. Central business
 district toll revenues may be used as required to  obtain,  utilize,  or
 maintain federal authorization to collect tolls on federal aid highways.
 PROVIDED FURTHER THAT, IN THE EVENT THE AUTHORITY OR METROPOLITAN TRANS-
 PORTATION  AUTHORITY RECEIVES FUNDS OR REIMBURSEMENTS, INCLUDING WITHOUT
 LIMITATION FROM THE FEDERAL GOVERNMENT OR INSURANCE  MAINTAINED  BY  THE
 AUTHORITY  OR  METROPOLITAN TRANSPORTATION AUTHORITY, DUE IN WHOLE OR IN
 PART TO THE NOVEL CORONAVIRUS, COVID-19, ANY MONIES FROM THE  FUND  USED
 TO  OFFSET  DECREASES  IN REVENUE OR INCREASES IN OPERATING COSTS DUE IN
 WHOLE OR IN PART TO THE STATE DISASTER EMERGENCY  CAUSED  BY  THE  NOVEL
 CORONAVIRUS, COVID-19, SHALL BE REPAID AFTER THE AUTHORITY OR THE METRO-
 POLITAN  TRANSPORTATION  AUTHORITY  FULLY  REPAYS  ANY PUBLIC OR PRIVATE
 BORROWINGS, DRAWS ON ANY LINES OF CREDIT, ISSUANCES  OF  REVENUE  ANTIC-
 IPATION  NOTES,  ANY  INTERNAL LOANS, AND USE OF CORPUS OF OPEB TRUST TO
 PAY CURRENT RETIREE HEALTHCARE COST  NECESSITATED  BY  COVID-19  REVENUE
 SHORTFALL. SUCH OBLIGATION TO REPAY SHALL BE LIMITED TO THE AVAILABILITY

 S. 7508--B                         125                        A. 9508--B

 OF  ANY EXCESS MONIES, AND ANY SUCH FUNDS OR REIMBURSEMENTS IN EXCESS OF
 THE AMOUNTS NEEDED TO FULLY REPAY SUCH AMOUNTS SHALL BE  TRANSFERRED  TO
 THE FUND AND USED FOR THE PURPOSES ORIGINALLY INTENDED FOR SUCH FUND.
   4.  The  authority  shall report annually on all receipts and expendi-
 tures of the fund. The report shall detail  operating  expenses  of  the
 central  business  district  tolling  program  and all fund expenditures
 including capital projects.  IF, DURING THE PERIOD OF  THE  REPORT,  ANY
 MONIES IN THE FUND WERE USED BY THE AUTHORITY OR THE METROPOLITAN TRANS-
 PORTATION  AUTHORITY  TO OFFSET DECREASES IN REVENUE LOST IN WHOLE OR IN
 PART DUE TO THE STATE DISASTER EMERGENCY CAUSED  BY  NOVEL  CORONAVIRUS,
 COVID-19,  OR  INCREASES  IN  OPERATING  COSTS IN WHOLE DUE TO THE NOVEL
 CORONAVIRUS, COVID-19, THE REPORT SHALL ALSO  PROVIDE:  (A)  DETAILS  OF
 SUCH  DECREASES  IN  REVENUE  IN WHOLE, (B) DETAILS OF SUCH DECREASES IN
 REVENUE IN PART, (C) DETAILS OF SUCH INCREASES IN COSTS, (D) THE METHOD-
 OLOGY USED BY THE AUTHORITY OR METROPOLITAN TRANSPORTATION AUTHORITY  TO
 CALCULATE SUCH CHANGES, AND (E) EXPLANATION FOR ATTRIBUTING A PARTICULAR
 INCREASE  IN  COST  OR  A  PARTICULAR  DECREASE IN REVENUE, TO THE STATE
 DISASTER EMERGENCY CAUSED BY CORONAVIRUS, COVID-19. The report shall  be
 readily  available to the public, and shall be posted on the authority's
 website and be submitted to the governor, the temporary president of the
 senate, the speaker of the assembly, THE COMPTROLLER,  THE  DIRECTOR  OF
 THE BUDGET, the mayor and council of the city of New York, the metropol-
 itan transportation authority board, and the metropolitan transportation
 authority capital program review board.
   §  2.  This act shall take effect immediately; provided, however, that
 the amendments to subdivision 2 of section 553-j of the public  authori-
 ties  law  made  by  section  one of this act shall expire and be deemed
 repealed two years after such effective date; and provided further, that
 such repeal shall not affect the terms of any  bonds,  notes,  or  other
 obligations issued prior to such repeal.
 
                                 PART NNN
 
   Section 1. Section 9.51 of the mental hygiene law, as added by chapter
 947  of  the  laws of 1981, subdivision (b) as amended by chapter 465 of
 the laws of 1992, subdivision (c) as amended by chapter 230 of the  laws
 of  2004, the opening paragraph of subdivision (d) as amended by chapter
 273 of the laws of 1986, subdivision (f) as amended by  chapter  401  of
 the  laws  of  2006,  and  the  closing  paragraph of subdivision (g) as
 amended by section 66 of part A of chapter 3 of the  laws  of  2005,  is
 amended to read as follows:
 § 9.51 Residential  treatment  facilities for children and youth; admis-
          sions.
   (a) The director of a residential treatment facility for children  and
 youth,  AS  DEFINED  BY  SECTION  1.03 OF THIS CHAPTER, may receive as a
 patient a person UNDER THE AGE OF TWENTY-ONE in need of care and  treat-
 ment  in  such a facility who has been [certified as needing] DETERMINED
 APPROPRIATE FOR such care [by the pre-admission certification  committee
 serving  the  facility]  and  TREATMENT in accordance with STANDARDS AND
 priorities for admission established by [such committee, as provided  by
 this  section. Subject to the provisions of this section, the provisions
 of this article shall apply to admission and retention  of  patients  to
 residential  treatment  facilities for children and youth] THE OFFICE IN
 REGULATIONS IN ACCORDANCE WITH FEDERAL REGULATIONS.
   (b) Persons admitted as  in-patients  to  hospitals  operated  by  the
 office  of  mental  health  upon the application of the [director of the

 S. 7508--B                         126                        A. 9508--B

 division for youth] COMMISSIONER OF THE OFFICE OF  CHILDREN  AND  FAMILY
 SERVICES  pursuant  to section five hundred nine of the executive law or
 353.4 of the family court act who  are  not  subject  to  a  restrictive
 placement  pursuant  to  section  353.5 of the family court act, may, if
 appropriate, and subject to the provisions of subdivision  (d)  of  this
 section, be transferred to a residential treatment facility for children
 and  youth. The [director of the division for youth] COMMISSIONER OF THE
 OFFICE OF CHILDREN AND FAMILY SERVICES shall be  notified  of  any  such
 transfer.  When  appropriate,  the director of the residential treatment
 facility may arrange the return of  a  patient  so  transferred  to  the
 hospital or the transfer of a patient to another hospital or, in accord-
 ance with subdivision four of section five hundred nine of the executive
 law[,  to  the  division for youth] TO THE COMMISSIONER OF THE OFFICE OF
 CHILDREN AND FAMILY SERVICES.
   (c) The  commissioner  shall  [designate  pre-admission  certification
 committees for defined geographic areas to evaluate each person proposed
 for  admission or transfer to a residential treatment facility for chil-
 dren and youth. When  designating  persons  to  serve  on  pre-admission
 certification committees, the commissioners shall assure that the inter-
 ests  of  the people residing in the area to be served by each committee
 are represented. Such committees shall include a  person  designated  by
 the  office  of  mental health, a person designated by the state commis-
 sioner of social services and a person designated by the  state  commis-
 sioner  of  education.  The  commissioner of mental health shall consult
 with the conference of local mental hygiene directors  and  the  commis-
 sioner  of  social  services  shall consult with county commissioners of
 social services in the area to be served by a committee prior to  desig-
 nating  persons to serve on a committee. The commissioners may designate
 persons who are not state employees to serve  on  pre-admission  certif-
 ication committees. Membership of pre-admission certification committees
 shall  be  limited  to persons licensed in accordance with the education
 law to practice medicine,  nursing,  psychology,  or  licensed  clinical
 social work. In the event the persons originally designated to a commit-
 tee  by  the  commissioners do not include a physician, the commissioner
 shall designate a physician to serve as  an  additional  member  of  the
 committee.  Each  pre-admission  certification committee shall designate
 five persons representing local governments, voluntary agencies, parents
 and other interested persons who shall serve as an advisory board to the
 committee] CONSULT WITH THE EXECUTIVE DIRECTOR OF THE COUNCIL  ON  CHIL-
 DREN  AND FAMILIES REGARDING THE ESTABLISHMENT OF AN ADVISORY BOARD. THE
 ADVISORY BOARD SHALL INCLUDE, AS DEEMED APPROPRIATE BY THE  COMMISSIONER
 AND  THE  EXECUTIVE  DIRECTOR  OF  THE COUNCIL ON CHILDREN AND FAMILIES,
 REPRESENTATIVES OF THE MEMBERS OF THE COUNCIL ON CHILDREN  AND  FAMILIES
 AS SPECIFIED IN SECTION FOUR HUNDRED EIGHTY-THREE OF THE SOCIAL SERVICES
 LAW,  LOCAL  AGENCY  REPRESENTATIVES  UNDER THE JURISDICTION OF A MEMBER
 AGENCY OF THE COUNCIL ON CHILDREN AND FAMILIES,  FAMILY  REPRESENTATIVES
 WITH  LIVED  EXPERIENCE  WITH  RESIDENTIAL  TREATMENT FACILITY SERVICES,
 MEDICAL DIRECTORS FROM RESIDENTIAL TREATMENT FACILITIES,  AND  REPRESEN-
 TATIVES  FROM  HOSPITALS WITH PEDIATRIC INPATIENT PSYCHIATRIC BEDS, THAT
 IS NOT OPERATED BY THE STATE OFFICE OF MENTAL  HEALTH.  MEMBERS  OF  THE
 ADVISORY  BOARD  SHALL  BE  REPRESENTATIVE  OF  THE  RACIAL, ETHNIC, AND
 GEOGRAPHIC DIVERSITY OF THE STATE.  Such board shall have the  right  to
 visit residential treatment facilities for children and youth [served by
 the  committee]  and  shall  have  the  right to review clinical records
 [obtained by the pre-admission certification  committee]  and  shall  be
 bound by the confidentiality requirements of section 33.13 of this chap-

 S. 7508--B                         127                        A. 9508--B
 
 ter.  THE ADVISORY BOARD SHALL ISSUE AN ANNUAL REPORT ON THE DISPOSITION
 OF  APPLICATIONS FOR ADMISSION TO RESIDENTIAL TREATMENT FACILITIES. SUCH
 REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO: THE NUMBER OF CHILDREN THAT
 APPLIED  TO  EACH RESIDENTIAL TREATMENT FACILITY, THE NUMBER OF CHILDREN
 ADMITTED TO EACH RESIDENTIAL TREATMENT FACILITY, THE NUMBER OF  CHILDREN
 TRANSFERRED  FROM A HOSPITAL OPERATED BY THE OFFICE OF MENTAL HEALTH AND
 SUBSEQUENTLY TRANSFERRED TO ANOTHER HOSPITAL, THE AVERAGE LENGTH OF STAY
 FOR RESIDENTS AT EACH RESIDENTIAL   TREATMENT FACILITY,  THE  NUMBER  OF
 CHILDREN  SERVED  AT EACH RESIDENTIAL TREATMENT FACILITY, AND THE NUMBER
 OF INVOLUNTARY PLACEMENTS AND/OR TRANSFERS FROM OFFICE OF MENTAL  HEALTH
 OPERATED INPATIENT FACILITIES WHICH OCCUR EACH CALENDAR YEAR. SUCH ANNU-
 AL  REPORT  SHALL BE POSTED ON THE OFFICE OF MENTAL HEALTH'S WEBSITE AND
 SUBMITTED TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
 PRESIDENT OF THE SENATE BY MARCH FIRST FOR THE PREVIOUS CALENDAR YEAR.
   (d) [All applications] APPLICATIONS for admission or  transfer  of  an
 individual  to  a  residential treatment facility for children and youth
 [shall be referred to a pre-admission certification committee for]  MUST
 DOCUMENT  THAT THERE HAS BEEN AN evaluation of the needs of the individ-
 ual and [certification] A DETERMINATION of  the  individual's  need  for
 treatment  in  a residential treatment facility for children and youth[.
 Applications shall include an assessment of the  individual's  psychiat-
 ric,  medical  and  social  needs  prepared in accordance with a uniform
 assessment method specified by the regulations of the commissioner.  The
 committee  may  at  its  discretion  refer an applicant to a hospital or
 other facility operated or licensed by  the  office  for  an  additional
 assessment.  In  the event of such an additional assessment of the indi-
 vidual's needs, the facility conducting the assessment shall attempt  to
 receive  all third party insurance or federal reimbursement available as
 payment for the assessment. The state shall pay the balance of the  fees
 which  may  be  charged  by  the  provider in accordance with applicable
 provisions of law. In addition, if necessary, in accordance with section
 four thousand five of the education law, the pre-admission certification
 committee shall obtain an evaluation of the  educational  needs  of  the
 child  by  the  committee on special education of the school district of
 residence. The pre-admission certification committee  shall  review  all
 requests  for evaluation and certification within thirty days of receipt
 of a complete application and any additional assessments it may  require
 and,  using  a  uniform assessment method specified by regulation of the
 commissioner, evaluate the psychiatric, medical and social needs of  the
 proposed admittee and certify: (i) the individual's need for services in
 a  residential  treatment  facility  for children and youth and (ii) the
 immediacy of that need, given the availability of such services  in  the
 area  and  the  needs  of  other children evaluated by the committee and
 certified as eligible for admission to a residential treatment  facility
 for  children and youth who have not yet been admitted to such a facili-
 ty. A pre-admission certification committee shall not certify  an  indi-
 vidual  for  admission  unless it finds that] AND THE APPROPRIATENESS OF
 SUCH TREATMENT. IN THE CASE OF INDIVIDUALS WHO ARE APPLICANTS OR RECIPI-
 ENTS OF MEDICAL ASSISTANCE PURSUANT TO TITLE ELEVEN OF ARTICLE  FIVE  OF
 THE  SOCIAL  SERVICES LAW, SUCH DETERMINATION SHALL ALSO INCLUDE CERTIF-
 ICATION OF NEED FOR RESIDENTIAL TREATMENT FACILITY SERVICES  IN  ACCORD-
 ANCE  WITH THIS SECTION.  WHERE CERTIFICATION IS REQUIRED, AN INDIVIDUAL
 WILL BE CERTIFIED FOR ADMISSION IF:
   (1) Available ambulatory care resources and other  residential  place-
 ments do not meet the treatment needs of the individual;

 S. 7508--B                         128                        A. 9508--B
 
   (2)   Proper  treatment  of  the  individual's  psychiatric  condition
 requires in-patient care and treatment under the direction of  a  physi-
 cian; and
   (3)  Care  and treatment in a residential treatment facility for chil-
 dren and youth can reasonably be expected to  improve  the  individual's
 condition  or prevent further regression so that services will no longer
 be needed, provided that a poor prognosis shall not in itself constitute
 grounds for a denial of certification if treatment can  be  expected  to
 effect  a change in prognosis. [All decisions of the committee to recom-
 mend admission or priority of admission shall be based on the  unanimous
 vote  of  those present. The decision of the committee shall be reported
 to the applicant.] DECISIONS TO RECOMMEND ADMISSION OR  PRIORITY  ADMIS-
 SION SHALL OCCUR IN CONSULTATION WITH THE RESIDENTIAL TREATMENT FACILITY
 AND  BE  BASED ON A DETERMINATION OF APPROPRIATENESS INCLUDING CONSIDER-
 ATION OF FACILITY STAFFING, PATIENT MIX AND ACUITY AND THE IMPACT ON THE
 SAFETY OF OTHER RESIDENTS. In the event [a committee] THE OFFICE  evalu-
 ates a child who is the subject of a proceeding currently pending in the
 family  court,  the  [committee] OFFICE shall report its decision to the
 family court.  PRIOR TO ADMISSION AND NO SOONER THAN FOURTEEN DAYS AFTER
 ADMISSION, THE OFFICE OR ITS DESIGNEE MAY EVALUATE THE MEDICAL NECESSITY
 AND QUALITY OF SERVICES FOR EACH MEDICAID MEMBER. IF THE OFFICE  OR  ITS
 DESIGNEE  DETERMINES  THAT  RESIDENTIAL TREATMENT SERVICES ARE NO LONGER
 APPROPRIATE, THE DETERMINATION OF THE OFFICE OR ITS  DESIGNEE  SHALL  BE
 REPORTED TO THE FACILITY AND THE PERSON, OR THE PERSON'S LEGALLY AUTHOR-
 IZED  REPRESENTATIVE. SUCH DETERMINATION SHALL NOT BE EFFECTIVE RETROAC-
 TIVELY.
   No residential treatment facility for children and youth shall admit a
 person who has not been DETERMINED APPROPRIATE  AND  WHERE  APPROPRIATE,
 certified  [as  suitable] for such admission [by the appropriate pre-ad-
 mission certification committee]. Residential treatment facilities shall
 admit [children in accordance with priorities for admission of  children
 most  immediately in need of such services established by the pre-admis-
 sion certification committee serving the  facility  in  accordance  with
 standards  established  by  the  commissioner] INDIVIDUALS WHO HAVE BEEN
 DESIGNATED AS PRIORITY ADMISSIONS BY THE OFFICE OR COMMISSIONER'S DESIG-
 NEE.
   (e) Notwithstanding any inconsistent provision of law,  no  government
 agency  shall  make  payments  pursuant to title nineteen of the federal
 social security act or articles five and six of the social services  law
 to  a  residential treatment facility for children and youth for service
 to a person whose need for care and treatment in such a facility was not
 certified pursuant to this section.
   (f) No person shall be admitted to a  residential  treatment  facility
 for children and youth who has a mental illness which presents a likeli-
 hood  of serious harm to others; "likelihood of serious harm" shall mean
 a substantial risk of physical harm to other persons  as  manifested  by
 recent homicidal or other violent behavior by which others are placed in
 reasonable fear of serious physical harm.
   (g) Notwithstanding any other provision of law, [pre-admission certif-
 ication committees] THE OFFICE OR COMMISSIONER'S DESIGNEE shall be enti-
 tled to review clinical records maintained by any person or entity which
 pertain  to  an  individual  on  whose behalf an application is made for
 admission to a residential treatment facility for  children  and  youth.
 Any  clinical records received by [a pre-admission certification commit-
 tee and all assessments  submitted  to  the  committee]  THE  OFFICE  OR
 COMMISSIONER'S  DESIGNEE  shall  be kept confidential in accordance with

 S. 7508--B                         129                        A. 9508--B
 
 the provisions of section 33.13 of [the mental  hygiene  law,  provided,
 however,  that the commissioner may have access to and receive copies of
 such records for the purpose of evaluating the operation and  effective-
 ness of the committee] THIS CHAPTER.
   Confidentiality  of  clinical  records  of  treatment of a person in a
 residential treatment facility for children and  youth  shall  be  main-
 tained as required in section 33.13 of this chapter. That portion of the
 clinical record maintained by a residential treatment facility for chil-
 dren  and youth operated by an authorized agency specifically related to
 medical care and treatment shall not be considered part  of  the  record
 required  to be maintained by such authorized agency pursuant to section
 three hundred seventy-two of the social services law and  shall  not  be
 discoverable  in  a proceeding under section three hundred fifty-eight-a
 of the social services law or article ten-A  of  the  family  court  act
 except upon order of the family court; provided, however, that all other
 information  required  by a local social services district or the office
 of children and family services for purposes of sections  three  hundred
 fifty-eight-a, four hundred nine-e and four hundred nine-f of the social
 services  law  and  article  ten-A  of  the  family  court  act shall be
 furnished on request, and the confidentiality of such information  shall
 be safeguarded as provided in section four hundred sixty-e of the social
 services law.
   §  2.  Subdivisions (b) and (c) of section 31.26 of the mental hygiene
 law, as added by chapter 947 of the laws of 1981, are amended to read as
 follows:
   (b) The commissioner shall have the power to  adopt  rules  and  regu-
 lations  governing the establishment and operation of residential treat-
 ment facilities for children and youth. Such rules and regulations shall
 at least require, as a condition of issuance or retention of an  operat-
 ing  certificate  for  a residential treatment facility for children and
 youth, that admission of children into such facilities be in  accordance
 with  priorities  for  admission of children most immediately in need of
 such services [established by the pre-admission certification  committee
 serving the facility,] in accordance with [section 9.51 of this chapter]
 STANDARDS  ESTABLISHED  BY THE COMMISSIONER WHICH SHALL BE IN ACCORDANCE
 WITH FEDERAL REGULATIONS.
   (c) The commissioner [and the commissioner of social services  shall],
 in  consultation with the commissioner of education [and the director of
 the division for youth,] AND THE COMMISSIONER OF THE OFFICE OF  CHILDREN
 AND  FAMILY  SERVICES,  SHALL  adopt rules and regulations governing the
 [operation of the pre-admission certification committees] STANDARDS  FOR
 ADMISSIONS  OF  INDIVIDUALS TO RESIDENTIAL TREATMENT FACILITIES required
 in section 9.51 of this chapter IN ACCORDANCE WITH FEDERAL REGULATIONS.
   § 3. Subdivision (g) of section 9.27 of the  mental  hygiene  law,  as
 added by chapter 947 of the laws of 1981, is amended to read as follows:
   (g)  Applications for involuntary admission of patients to residential
 treatment facilities for children and youth or transfer of involuntarily
 admitted patients to such facilities [shall]  MAY  be  reviewed  by  the
 [pre-admission  certification committee] OFFICE OR COMMISSIONER'S DESIG-
 NEE serving such facility in accordance with section 9.51 of this  arti-
 cle  AND IN CONSULTATION WITH THE RESIDENTIAL TREATMENT FACILITY RECEIV-
 ING AN INVOLUNTARY ADMISSION OR TRANSFER OF  AN  INVOLUNTARILY  ADMITTED
 PATIENT.
   §  4.  This  act shall take effect July 1, 2020 and shall apply to all
 applications received on or after such effective date.

 S. 7508--B                         130                        A. 9508--B
 
                                 PART OOO
 
   Section  1.  Pursuant  to  section 7.18 of the mental hygiene law, the
 office of mental health will establish a separate  appointing  authority
 of  secure  treatment  and  rehabilitation  center  within the office of
 mental health for the care and  treatment  of  dangerous  sex  offenders
 requiring  confinement  as described in article 10 of the mental hygiene
 law. All office of mental health employees who are substantially engaged
 in the care and treatment of article 10 sex  offenders  will  be  trans-
 ferred  to  the  secure  treatment and rehabilitation center pursuant to
 subdivision 2 of section 70 of the civil  service  law.  Employees  will
 remain in their current geographic location, and civil service title and
 status.   Such separate appointing authority shall not prevent an office
 of mental health employee that is providing care and treatment of  arti-
 cle  10  sex offenders to also provide care and treatment to other popu-
 lations at office of mental health facilities.
   § 2. This act shall take effect immediately.
 
                                 PART PPP
 
   Section 1. Sections 19 and 21 of chapter  723  of  the  laws  of  1989
 amending the mental hygiene law and other laws relating to comprehensive
 psychiatric  emergency  programs,  as  amended by section 1 of part I of
 chapter 59 of the laws of 2016, are amended to read as follows:
   § 19. Notwithstanding any other provision of law, the commissioner  of
 mental health shall, until July 1, [2020] 2024, be solely authorized, in
 his  or  her  discretion,  to  designate  those general hospitals, local
 governmental units and voluntary agencies which may apply and be consid-
 ered for the approval and issuance of an operating certificate  pursuant
 to  article  31 of the mental hygiene law for the operation of a compre-
 hensive psychiatric emergency program.
   § 21. This act shall take effect immediately, and  sections  one,  two
 and  four  through  twenty  of  this  act shall remain in full force and
 effect, until July 1, [2020] 2024, at  which  time  the  amendments  and
 additions  made  by  such  sections  of  this  act shall be deemed to be
 repealed, and any provision of law amended by any of  such  sections  of
 this  act  shall revert to its text as it existed prior to the effective
 date of this act.
   § 2. Subdivision (b) of section 9.40 of the  mental  hygiene  law,  as
 added  by chapter 723 of the laws of 1989, is amended and a new subdivi-
 sion (a-1) is added to read as follows:
   (A-1) THE DIRECTOR SHALL CAUSE TRIAGE  AND  REFERRAL  SERVICES  TO  BE
 PROVIDED BY A PSYCHIATRIC NURSE PRACTITIONER OR PHYSICIAN OF THE PROGRAM
 AS  SOON  AS  SUCH PERSON IS RECEIVED INTO THE COMPREHENSIVE PSYCHIATRIC
 EMERGENCY PROGRAM. AFTER RECEIVING TRIAGE AND  REFERRAL  SERVICES,  SUCH
 PERSON  SHALL  BE  APPROPRIATELY TREATED AND DISCHARGED, OR REFERRED FOR
 FURTHER CRISIS INTERVENTION  SERVICES  INCLUDING  AN  EXAMINATION  BY  A
 PHYSICIAN AS DESCRIBED IN SUBDIVISION (B) OF THIS SECTION.
   (b)   The  director  shall  cause  examination  of  such  persons  NOT
 DISCHARGED AFTER THE PROVISION OF TRIAGE AND  REFERRAL  SERVICES  to  be
 initiated by a staff physician of the program as soon as practicable and
 in  any  event  within  six  hours after the person is received into the
 program's emergency room. Such person may be retained  for  observation,
 care  and  treatment and further examination for up to twenty-four hours
 if, at the conclusion of such  examination,  such  physician  determines
 that  such person may have a mental illness for which immediate observa-

 S. 7508--B                         131                        A. 9508--B
 
 tion, care  and  treatment  in  a  comprehensive  psychiatric  emergency
 program is appropriate, and which is likely to result in serious harm to
 the person or others.
   §  3.  Paragraphs 2 and 5 of subdivision (a), paragraph 1 and subpara-
 graph (ii) of paragraph 2 of subdivision (b) of  section  31.27  of  the
 mental  hygiene  law, paragraph 2 of subdivision (a) as added by chapter
 723 of the laws of 1989, paragraph 5 of subdivision (a)  as  amended  by
 section  1 and paragraph 1 of subdivision (b) as amended by section 2 of
 part M of chapter 57 of the laws of 2006 and subparagraph (ii) of  para-
 graph  2 of subdivision (b) as amended by section 2 of part E of chapter
 111 of the laws of 2010, are amended and a new paragraph 12 is added  to
 subdivision (a) to read as follows:
   (2) "Crisis   intervention  services"  means  [psychiatric  emergency]
 services provided in an emergency room located within a  general  hospi-
 tal,  which shall include BUT NOT BE LIMITED TO: psychiatric and medical
 evaluations and assessments; prescription or adjustment  of  medication,
 counseling,  and  other  stabilization or treatment services intended to
 reduce symptoms of mental illness[; extended observation beds; and other
 on-site psychiatric emergency services] WHEN APPROPRIATE.
   (5) "Extended observation bed" means an inpatient bed which is  in  or
 adjacent  to  an  emergency  room  located  within a general hospital OR
 SATELLITE FACILITY APPROVED BY THE COMMISSIONER, designed to  provide  a
 safe  environment for an individual who, in the opinion of the examining
 physician, requires extensive evaluation, assessment,  or  stabilization
 of  the person's acute psychiatric symptoms, except that, if the commis-
 sioner determines that the program can provide for the privacy and safe-
 ty of all patients receiving services in  a  hospital,  he  or  she  may
 approve the location of one or more such beds within another unit of the
 hospital.
   (12) "SATELLITE FACILITY" MEANS A MEDICAL FACILITY PROVIDING PSYCHIAT-
 RIC  EMERGENCY SERVICES THAT IS MANAGED AND OPERATED BY A GENERAL HOSPI-
 TAL WHO HOLDS A VALID OPERATING CERTIFICATE FOR A COMPREHENSIVE  PSYCHI-
 ATRIC  EMERGENCY  PROGRAM AND IS LOCATED AWAY FROM THE CENTRAL CAMPUS OF
 THE GENERAL HOSPITAL.
   (1) The  commissioner  may  license  the  operation  of  comprehensive
 psychiatric  emergency  programs by general hospitals which are operated
 by state or local governments or voluntary agencies.  The  provision  of
 such  services  in  general  hospitals  may be located either within the
 state or, with the approval of the commissioner and the director of  the
 budget  and  to  the  extent consistent with state and federal law, in a
 contiguous state. The commissioner is further authorized to  enter  into
 interstate agreements for the purpose of facilitating the development of
 programs  which  provide  services  in  another  state.  A comprehensive
 psychiatric emergency program shall serve as a primary psychiatric emer-
 gency service provider within a defined catchment area  for  persons  in
 need  of  psychiatric  emergency  services including persons who require
 immediate observation, care and treatment  in  accordance  with  section
 9.40  of  this chapter. Each comprehensive psychiatric emergency program
 shall provide or contract  to  provide  psychiatric  emergency  services
 twenty-four hours per day, seven days per week, including but not limit-
 ed  to:  crisis intervention services, crisis outreach services, [crisis
 residence services,] extended observation beds, and triage and  referral
 services.
   (ii)  a  description  of the program's psychiatric emergency services,
 including BUT  NOT  LIMITED  TO  crisis  intervention  services,  crisis
 outreach  services,  [crisis  residence  services,] extended observation

 S. 7508--B                         132                        A. 9508--B
 
 beds, and triage and referral services, whether or not provided directly
 or through agreement with other providers of services;
   §  4.  Paragraphs  4  and  8 of subdivision (a) and subdivision (i) of
 section 31.27 of the mental hygiene law are REPEALED.
   § 5. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after April 1, 2020; provided
 however that:
   (a) sections two through four of this act shall take effect on the one
 hundred eightieth day after it shall have become a law;
   (b) the amendments to section 19 of chapter 723 of the  laws  of  1989
 amending the mental hygiene law and other laws relating to comprehensive
 psychiatric emergency programs made by section one of this act shall not
 affect  the  repeal  of such section and shall be deemed repealed there-
 with;
   (c) the amendments to section 9.40 of the mental hygiene law  made  by
 section  two of this act shall not affect the repeal of such section and
 shall be deemed repealed therewith; and
   (d) the amendments to section 31.27 of the mental hygiene law made  by
 section  three  of  this act shall not affect the repeal of such section
 and shall be deemed repealed therewith.
 
                                 PART QQQ

   Section 1. The insurance law is amended by adding a new section 344 to
 read as follows:
   § 344. MENTAL HEALTH AND  SUBSTANCE  USE  DISORDER  PARITY  COMPLIANCE
 PROGRAMS.   PENALTIES COLLECTED FOR VIOLATIONS OF SECTION THREE THOUSAND
 TWO HUNDRED SIXTEEN, THREE THOUSAND  TWO  HUNDRED  TWENTY-ONE  AND  FOUR
 THOUSAND  THREE  HUNDRED  THREE OF THIS CHAPTER RELATED TO MENTAL HEALTH
 AND SUBSTANCE USE DISORDER PARITY COMPLIANCE SHALL  BE  DEPOSITED  IN  A
 FUND ESTABLISHED PURSUANT TO SECTION NINETY-NINE-HH OF THE STATE FINANCE
 LAW.
   § 2. The state finance law is amended by adding a new section 99-hh to
 read as follows:
   §  99-HH. BEHAVIORAL HEALTH PARITY COMPLIANCE FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER AND  THE  DEPARTMENT
 OF  TAXATION  AND  FINANCE  A SPECIAL FUND TO BE KNOWN AS THE BEHAVIORAL
 HEALTH PARITY COMPLIANCE FUND.
   2. MONEYS IN THE BEHAVIORAL HEALTH PARITY  COMPLIANCE  FUND  SHALL  BE
 KEPT  SEPARATE FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS IN
 THE CUSTODY OF THE COMPTROLLER  OR  THE  COMMISSIONER  OF  TAXATION  AND
 FINANCE.  PROVIDED, HOWEVER THAT ANY MONEYS OF THE FUND NOT REQUIRED FOR
 IMMEDIATE USE MAY, AT THE DISCRETION OF THE COMPTROLLER, IN CONSULTATION
 WITH THE DIRECTOR OF THE BUDGET, BE INVESTED BY THE COMPTROLLER IN OBLI-
 GATIONS  OF  THE  UNITED  STATES  OR THE STATE. THE PROCEEDS OF ANY SUCH
 INVESTMENT SHALL BE RETAINED BY THE  FUND  AS  ASSETS  TO  BE  USED  FOR
 PURPOSES OF THIS FUND.
   3.  SUCH  FUND  SHALL  CONSIST  OF ALL MONEYS REQUIRED TO BE DEPOSITED
 THERETO PURSUANT TO SECTION THREE HUNDRED FORTY-FOUR  OF  THE  INSURANCE
 LAW, SECTION FORTY-FOUR HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW OR ANY
 OTHER  PROVISION  OF LAW, MONETARY GRANTS, GIFTS OR BEQUESTS RECEIVED BY
 THE STATE, AND ALL OTHER MONEYS CREDITED OR TRANSFERRED THERETO FROM ANY
 OTHER FUND OR SOURCE.
   4. MONEYS OF THE FUND SHALL ONLY BE EXPENDED FOR INITIATIVES  SUPPORT-
 ING  PARITY  IMPLEMENTATION  AND  ENFORCEMENT  ON  BEHALF  OF CONSUMERS,
 INCLUDING THE BEHAVIORAL HEALTH OMBUDSMAN PROGRAM.

 S. 7508--B                         133                        A. 9508--B
 
   § 3. Section 4414 of the public health law, as added by chapter  2  of
 the  laws  of  1998,  and as further amended by section 104 of part A of
 chapter 62 of the laws of 2011, is amended to read as follows:
   §  4414.  Health  care  compliance  programs.  1. The commissioner [of
 health],  after  consultation  with  the  superintendent  of   financial
 services,  shall  by  regulation  establish  standards  and criteria for
 compliance programs to be implemented by persons providing  coverage  or
 coverage  and service pursuant to any public or governmentally-sponsored
 or supported plan for health care coverage or services. Such regulations
 shall include provisions for the design and implementation  of  programs
 or  processes  to  prevent,  detect  and  address instances of fraud and
 abuse. Such regulations shall take into account the nature of the  enti-
 ty's  business and the size of its enrolled population. The commissioner
 [of health] and the superintendent of financial  services  shall  accept
 programs and processes implemented pursuant to section four hundred nine
 of  the  insurance law as satisfying the obligations of this section and
 the regulations promulgated thereunder when such programs and  processes
 incorporate the objectives contemplated by this section.
   2. NOTWITHSTANDING ANY PROVISIONS OF SECTION TWELVE OF THIS CHAPTER TO
 THE  CONTRARY, PENALTIES COLLECTED FROM ANY HEALTH MAINTENANCE ORGANIZA-
 TION CERTIFIED PURSUANT TO THIS ARTICLE RESULTING FROM  A  VIOLATION  OF
 THE  HEALTH  MAINTENANCE  ORGANIZATION'S MENTAL HEALTH AND SUBSTANCE USE
 DISORDER PARITY COMPLIANCE PROGRAM SHALL BE DEPOSITED  INTO  THE  BEHAV-
 IORAL  HEALTH  PARITY COMPLIANCE FUND AS ESTABLISHED PURSUANT TO SECTION
 NINETY-NINE-HH OF THE STATE FINANCE LAW.
   § 4. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2020.
 
                                 PART RRR
 
   Section  1. Subdivision (a) of section 16.03 of the mental hygiene law
 is amended by adding a new paragraph 5 to read as follows:
   (5) THE PROVISION OF  SERVICES  APPROVED  IN  A  MEDICAID  STATE  PLAN
 AUTHORIZED  PURSUANT  TO  SECTION  NINETEEN  HUNDRED  TWO OF THE FEDERAL
 SOCIAL SECURITY ACT, INCLUDING OPTIONAL STATE PLAN  SERVICES  AUTHORIZED
 PURSUANT  TO  SUBDIVISION (G) OF SECTION NINETEEN HUNDRED FIFTEEN OF THE
 FEDERAL SOCIAL SECURITY ACT,  AND  DESIGNATED  BY  THE  COMMISSIONER  OF
 HEALTH, IN CONSULTATION WITH THE COMMISSIONER, AS BEING FOR PERSONS WITH
 DEVELOPMENTAL DISABILITIES.
   §  2.  Subdivision  (d) of section 16.03 of the mental hygiene law, as
 added by chapter 786 of the laws of 1983, is amended to read as follows:
   (d) The operation of a facility OR PROVISION OF SERVICES for which  an
 operating  certificate  is required pursuant to this article shall be in
 accordance with the terms of the operating  certificate  and  the  regu-
 lations of the commissioner.
   §  3.  Subdivision  (a)  of section 16.11 of the mental hygiene law is
 amended by adding a new paragraph 3 to read as follows:
   (3) THE REVIEW OF PROVIDERS OF SERVICES, AS DEFINED IN PARAGRAPH  FIVE
 OF  SUBDIVISION  (A) OF SECTION 16.03 OF THIS ARTICLE, SHALL ENSURE THAT
 THE PROVIDER OF SERVICES COMPLIES  WITH  ALL  THE  REQUIREMENTS  OF  THE
 APPLICABLE  FEDERAL REGULATIONS AND RULES AND THE REGULATIONS ADOPTED BY
 THE COMMISSIONER.
   § 4. Paragraph (a) of subdivision 4  of  section  488  of  the  social
 services  law,  as  amended by section 2 of part MM of chapter 58 of the
 laws of 2015, is amended to read as follows:

 S. 7508--B                         134                        A. 9508--B
 
   (a) a facility or program in which services are provided and which  is
 operated,  licensed  or  certified  by  the office of mental health, the
 office for people with  developmental  disabilities  or  the  office  of
 [alcoholism   and  substance  abuse  services]  ADDICTION  SERVICES  AND
 SUPPORTS,  including  but  not limited to psychiatric centers, inpatient
 psychiatric units of a general hospital, developmental centers, interme-
 diate care facilities, community residences, group homes and family care
 homes, provided, however, that such term  shall  not  include  a  secure
 treatment  facility  as  defined  in section 10.03 of the mental hygiene
 law, services defined in [subparagraph]  PARAGRAPHS  four  AND  FIVE  of
 subdivision  (a) of section 16.03 of the mental hygiene law, or services
 provided in programs or facilities that are operated by  the  office  of
 mental  health  and  located  in state correctional facilities under the
 jurisdiction of the department of corrections and community supervision;
   § 5. Subdivision 6 of section  2899  of  the  public  health  law,  as
 amended  by  section  3  of part C of chapter 57 of the laws of 2018, is
 amended to read as follows:
   6. "Provider" shall mean: (a) any  residential  health  care  facility
 licensed  under  article  twenty-eight of this chapter; or any certified
 home health agency, licensed home care services agency or long term home
 health care program certified under article thirty-six of this  chapter;
 any hospice program certified pursuant to article forty of this chapter;
 or  any  adult  home,  enriched  housing program or residence for adults
 licensed under article seven of the social services law; or (b) a health
 home, or any subcontractor of such health home, who contracts with or is
 approved or otherwise authorized by the  department  to  provide  health
 home  services, INCLUDING [to all those enrolled pursuant to a diagnosis
 of a developmental disability as defined in  subdivision  twenty-two  of
 section  1.03  of  the  mental  hygiene law and] enrollees who are under
 twenty-one years of age, under section three hundred sixty-five-l of the
 social services law, EXCEPT FOR A HEALTH HOME, OR ANY  SUBCONTRACTOR  OF
 SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED OR OTHERWISE AUTHOR-
 IZED  BY  THE  DEPARTMENT  TO  PROVIDE HEALTH HOME SERVICES TO ALL THOSE
 ENROLLED PURSUANT TO  A  DIAGNOSIS  OF  A  DEVELOPMENTAL  DISABILITY  AS
 DEFINED  IN SUBDIVISION TWENTY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE
 LAW; or any entity that provides home and community  based  services  to
 enrollees  who  are  under twenty-one years of age under a demonstration
 program pursuant to section eleven hundred fifteen of the federal social
 security act.
   § 6. Paragraph (b) of subdivision 9 of section 2899-a  of  the  public
 health  law, as amended by section 4 of part C of chapter 57 of the laws
 of 2018, is amended to read as follows:
   (b) Residential health care facilities licensed  pursuant  to  article
 twenty-eight of this chapter and certified home health care agencies and
 long-term  home  health  care programs certified or approved pursuant to
 article thirty-six of this chapter or a health home, or any  subcontrac-
 tor  of such health home, who contracts with or is approved or otherwise
 authorized by the department to provide health home services,  INCLUDING
 [to  all those enrolled pursuant to a diagnosis of a developmental disa-
 bility as defined in subdivision  twenty-two  of  section  1.03  of  the
 mental hygiene law and] enrollees who are under twenty-one years of age,
 under  section  three  hundred  sixty-five-l of the social services law,
 EXCEPT FOR A HEALTH HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME,  WHO
 CONTRACTS  WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT
 TO PROVIDE HEALTH HOME SERVICES TO ALL  THOSE  ENROLLED  PURSUANT  TO  A
 DIAGNOSIS  OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-

 S. 7508--B                         135                        A. 9508--B
 
 TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW;  or  any  entity  that
 provides  home  and  community based services to enrollees who are under
 twenty-one years of  age  under  a  demonstration  program  pursuant  to
 section  eleven hundred fifteen of the federal social security act, may,
 subject to the availability of federal financial participation, claim as
 reimbursable costs under the medical assistance program, costs  reflect-
 ing  the  fee  established  pursuant  to law by the division of criminal
 justice services for processing a criminal  history  information  check,
 the  fee  imposed  by the federal bureau of investigation for a national
 criminal history check, and costs associated with obtaining the  finger-
 prints, provided, however, that for the purposes of determining rates of
 payment pursuant to article twenty-eight of this chapter for residential
 health  care  facilities,  such  reimbursable  fees  and  costs shall be
 reflected as timely as practicable in such rates within  the  applicable
 rate period.
   §  7.  Subdivision  10  of section 2899-a of the public health law, as
 amended by section 1 of part EE of chapter 57 of the laws  of  2019,  is
 amended to read as follows:
   10.  Notwithstanding  subdivision  eleven  of  section  eight  hundred
 forty-five-b of the executive  law,  a  certified  home  health  agency,
 licensed home care services agency or long term home health care program
 certified, licensed or approved under article thirty-six of this chapter
 or  a  home  care services agency exempt from certification or licensure
 under article thirty-six of this chapter, a hospice program under  arti-
 cle forty of this chapter, or an adult home, enriched housing program or
 residence for adults licensed under article seven of the social services
 law,  or  a  health  home, or any subcontractor of such health home, who
 contracts with or is approved or otherwise authorized by the  department
 to  provide  health  home services, INCLUDING [to all enrollees enrolled
 pursuant to a diagnosis of a  developmental  disability  as  defined  in
 subdivision  twenty-two  of  section 1.03 of the mental hygiene law and]
 enrollees who are under twenty-one years of  age,  under  section  three
 hundred  sixty-five-l  of  the  social services law, EXCEPT FOR A HEALTH
 HOME, OR ANY SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS
 APPROVED OR OTHERWISE AUTHORIZED BY THE  DEPARTMENT  TO  PROVIDE  HEALTH
 HOME  SERVICES TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A DEVEL-
 OPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWENTY-TWO OF SECTION 1.03
 OF THE MENTAL HYGIENE LAW; or any entity that provides home and communi-
 ty based services to enrollees who are under  twenty-one  years  of  age
 under a demonstration program pursuant to section eleven hundred fifteen
 of the federal social security act may temporarily approve a prospective
 employee while the results of the criminal history information check and
 the  determination  are  pending,  upon  the condition that the provider
 conducts appropriate direct observation and evaluation of the  temporary
 employee,  while he or she is temporarily employed, and the care recipi-
 ent; provided, however, that for a health home, or any subcontractor  of
 a health home, who contracts with or is approved or otherwise authorized
 by  the  department  to  provide health home services, INCLUDING [to all
 enrollees enrolled pursuant to a diagnosis of  developmental  disability
 as  defined  in  subdivision  twenty-two  of  section 1.03 of the mental
 hygiene law and] enrollees who are under twenty-one years of age,  under
 section  three  hundred  sixty-five-l of the social services law, EXCEPT
 FOR A HEALTH HOME,  OR  ANY  SUBCONTRACTOR  OF  SUCH  HEALTH  HOME,  WHO
 CONTRACTS  WITH OR IS APPROVED OR OTHERWISE AUTHORIZED BY THE DEPARTMENT
 TO PROVIDE HEALTH HOME SERVICES TO ALL  THOSE  ENROLLED  PURSUANT  TO  A
 DIAGNOSIS  OF A DEVELOPMENTAL DISABILITY AS DEFINED IN SUBDIVISION TWEN-

 S. 7508--B                         136                        A. 9508--B
 
 TY-TWO OF SECTION 1.03 OF THE MENTAL HYGIENE LAW;  or  any  entity  that
 provides  home  and  community based services to enrollees who are under
 twenty-one years of  age  under  a  demonstration  program  pursuant  to
 section  eleven  hundred  fifteen  of  the  federal social security act,
 direct observation and evaluation of temporary employees  shall  not  be
 required  until  July  first, two thousand nineteen. The results of such
 observations shall be documented in the temporary  employee's  personnel
 file and shall be maintained. For purposes of providing such appropriate
 direct  observation  and evaluation, the provider shall utilize an indi-
 vidual employed by such provider with a minimum of one year's experience
 working in an agency certified, licensed or approved under article thir-
 ty-six of this chapter or an adult home,  enriched  housing  program  or
 residence for adults licensed under article seven of the social services
 law,  a  health  home,  or  any  subcontractor  of such health home, who
 contracts with or is approved or otherwise authorized by the  department
 to  provide  health home services, INCLUDING [to those enrolled pursuant
 to a diagnosis of a developmental disability as defined  in  subdivision
 twenty-two  of section 1.03 of the mental hygiene law and] enrollees who
 are under twenty-one years of age, under section  three  hundred  sixty-
 five-l  of  the  social  services  law, EXCEPT FOR A HEALTH HOME, OR ANY
 SUBCONTRACTOR OF SUCH HEALTH HOME, WHO CONTRACTS WITH OR IS APPROVED  OR
 OTHERWISE  AUTHORIZED  BY THE DEPARTMENT TO PROVIDE HEALTH HOME SERVICES
 TO ALL THOSE ENROLLED PURSUANT TO A DIAGNOSIS OF A  DEVELOPMENTAL  DISA-
 BILITY  AS  DEFINED  IN  SUBDIVISION  TWENTY-TWO  OF SECTION 1.03 OF THE
 MENTAL HYGIENE LAW; or any entity that provides home and community based
 services to enrollees who are under twenty-one  years  of  age  under  a
 demonstration  program pursuant to section eleven hundred fifteen of the
 federal social security act. If the temporary employee is working  under
 contract  with  another  provider  certified, licensed or approved under
 article thirty-six of this chapter, such contract provider's appropriate
 direct observation and evaluation of the temporary  employee,  shall  be
 considered  sufficient  for the purposes of complying with this subdivi-
 sion.
   § 8. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, that the amendments to subdivision
 6  of section 2899 of the public health law made by section five of this
 act shall not affect the expiration of such  subdivision  and  shall  be
 deemed to expire therewith.
 
                                 PART SSS
 
   Section  1.  Subdivision a of section 13 of chapter 554 of the laws of
 2013, amending the education law and  other  laws  relating  to  applied
 behavior  analysis,  as  amended  by  chapter  8 of the laws of 2014, is
 amended to read as follows:
   a. Nothing in this act shall be  construed  as  prohibiting  a  person
 employed   or   retained  by  programs  licensed,  certified,  operated,
 approved, registered or funded and regulated by the  office  for  people
 with  developmental  disabilities,  the  office  of  children and family
 services, or the office of mental health from performing the duties of a
 licensed behavior analyst or a certified behavior analyst  assistant  in
 the course of such employment or retention; provided, however, that this
 section  shall not authorize the use of any title authorized pursuant to
 article 167 of the education law; and provided  further,  however,  that
 this section shall be deemed repealed on July 1, [2020] 2025.
   § 2. This act shall take effect immediately.

 S. 7508--B                         137                        A. 9508--B
 
                                 PART TTT
 
   Section  1.  Section  2  of  part Q of chapter 59 of the laws of 2016,
 amending the mental hygiene law relating to the closure or transfer of a
 state-operated individualized residential  alternative,  as  amended  by
 section  2  of  part II of chapter 57 of the laws of 2018, is amended to
 read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed March 31, [2020] 2022.
   § 2.  This act shall take effect immediately.
 
                                 PART UUU
 
   Section  1. This act commits the state of New York and the city of New
 York ("city") to fund, over a multi-year period, $6,000,000,000 in capi-
 tal costs related to projects contained in the Metropolitan  Transporta-
 tion  Authority  ("MTA")  2020-2024 capital program ("capital program").
 The state share of $3,000,000,000 and the city share  of  $3,000,000,000
 shall  be  provided to pay the capital costs of the capital program. The
 funds committed by the state and city shall  be  provided  concurrently,
 and  in  proportion to the respective shares of each, in accordance with
 the funding needs of the capital program.
   § 2. (a) No funds dedicated for operating assistance of the MTA  shall
 be  used  to  reduce  or supplant the commitment of the state or city to
 provide $6,000,000,000 pursuant to section one of this act.
   (b) The city and state's share of funds provided concurrently pursuant
 to section one of this act shall be scheduled and paid to the MTA  on  a
 schedule to be determined by the state director of the budget.  In order
 to determine the adequacy  and pace of the level of state and city fund-
 ing in support of the MTA's capital program, and to gauge the availabil-
 ity of MTA capital resources planned for the capital program, the direc-
 tor  of  the budget and the city may request, and the MTA shall provide,
 periodic reports on the MTA's capital programs and financial activities.
 The city shall certify to the state comptroller and the New  York  state
 director  of  the  budget,  no  later  than seven days after making each
 payment pursuant to this section, the amount of  the  payments  and  the
 date upon which such payments were made.
   §  3. (a) Notwithstanding any provision of law to the contrary, in the
 event the city fails to certify to the state  comptroller  and  the  New
 York  state  director  of  the budget that the city has paid in full any
 concurrent payment required by section two of this  act,  the  New  York
 state  director  of  the  budget  shall  direct the state comptroller to
 transfer, collect, or deposit funds in accordance with  subdivision  (b)
 of  this section in an amount equal to the unpaid balance of any payment
 required by section two of this act, provided  that  any  such  deposits
 shall  be counted against the city share of the Metropolitan Transporta-
 tion Authority (MTA) 2020-2024 capital program (capital program)  pursu-
 ant  to  section one of this act.  Such direction shall be pursuant to a
 written plan or plans filed with the state comptroller, the  chairperson
 of the senate finance committee and the chairperson of the assembly ways
 and means committee.
   (b)  Notwithstanding  any  provision of law to the contrary and as set
 forth in a plan or plans submitted by the New York state director of the
 budget pursuant to subdivision (a) of  this  section,  the  state  comp-
 troller  is  hereby  directed  and  authorized  to:   (i) transfer funds
 authorized by any undisbursed general fund aid to  localities  appropri-

 S. 7508--B                         138                        A. 9508--B
 
 ations  or  state special revenue fund aid to localities appropriations,
 excluding debt service, fiduciary, and federal fund  appropriations,  to
 the city to the Metropolitan Transportation Authority capital assistance
 fund established by section 92-ii of the state finance law in accordance
 with  such  plan;  and/or (ii) collect and deposit into the Metropolitan
 Transportation Authority capital assistance fund established by  section
 92-ii  of  the  state finance law funds from any other revenue source of
 the city, including the sales and use tax, in accordance with such plan.
 The state comptroller is hereby authorized and  directed  to  make  such
 transfers,  collections and deposits as soon as practicable but not more
 than 3 days following the transmittal of such plan to the comptroller in
 accordance with subdivision (a) of this section.
   (c) Notwithstanding any provision of law to the contrary, the  state's
 obligation and or liability to fund any program included in general fund
 aid  to  localities  appropriations or state special revenue fund aid to
 localities appropriations from which funds are transferred  pursuant  to
 subdivision  (b)  of this section shall be reduced in an amount equal to
 such transfer or transfers.
   § 4. The state finance law is amended by adding a new section 92-ii to
 read as follows:
   § 92-II.  METROPOLITAN  TRANSPORTATION  AUTHORITY  CAPITAL  ASSISTANCE
 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER A
 SPECIAL  FUND  TO  BE KNOWN AS THE METROPOLITAN TRANSPORTATION AUTHORITY
 CAPITAL ASSISTANCE FUND.
   2. SUCH FUND SHALL CONSIST OF ANY MONIES DIRECTED THERETO PURSUANT  TO
 THE  PROVISIONS  OF SECTION THREE OF THE PART OF THE CHAPTER OF THE LAWS
 OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION.
   3. ALL MONIES DEPOSITED INTO THE FUND PURSUANT  TO  THE  PART  OF  THE
 CHAPTER  OF  THE  LAWS  OF  TWO THOUSAND TWENTY WHICH ADDED THIS SECTION
 SHALL BE PAID TO THE METROPOLITAN TRANSPORTATION AUTHORITY BY THE  COMP-
 TROLLER,  WITHOUT  APPROPRIATION,  FOR  USE  IN  THE  SAME MANNER AS THE
 PAYMENTS REQUIRED BY SECTION TWO OF SUCH PART, AS  SOON  AS  PRACTICABLE
 BUT  NOT  MORE  THAN  FIVE DAYS FROM THE DATE THE COMPTROLLER DETERMINES
 THAT THE FULL AMOUNT OF THE UNPAID BALANCE OF ANY  PAYMENT  REQUIRED  BY
 SECTION THREE OF SUCH PART HAS BEEN DEPOSITED INTO THE FUND.
   §  5.  Starting July 1, 2020, the city will fund a fifty percent share
 of the net paratransit operating expenses of the MTA, provided that such
 contribution shall not exceed $215 million  in  2020,  $277  million  in
 2021,  $290  million  in 2022, and $310 million in 2023. Net paratransit
 operating expenses shall be calculated  monthly  by  the  MTA  and  will
 consist of the total paratransit operating expenses of the program minus
 the six percent of the urban tax dedicated to paratransit services as of
 the  date  of  this act and minus any money collected as passenger fares
 from paratransit operations.
   § 6. The city's share of funds provided pursuant to  section  five  of
 this  act  shall be paid to the MTA monthly. Such schedule shall include
 an annual reconciliation process to adjust for any overpayment or under-
 payment. The city shall certify to the state  comptroller  and  the  New
 York state director of the budget, no later than seven days after making
 each  payment  pursuant  to this section, the amount of the payments and
 the date upon which such payments were made.
   § 7. (a) Notwithstanding any provision of law to the contrary, in  the
 event  the  city  fails  to certify to the state comptroller and the New
 York state director of the budget that the city has  paid  in  full  any
 payment required by section six of this act, the New York state director
 of  the  budget shall direct the state comptroller to transfer, collect,

 S. 7508--B                         139                        A. 9508--B
 
 or deposit funds in accordance with subdivision (b) of this  section  in
 an amount equal to the unpaid balance of any payment required by section
 six  of  this  act,  and  any such deposits shall be counted against the
 city's  fifty percent share of the net paratransit operating expenses of
 the MTA pursuant to section five of this act. Such  direction  shall  be
 pursuant  to  a  written plan or plans filed with the state comptroller,
 the chairperson of the senate finance committee and the  chairperson  of
 the assembly ways and means committee.
   (b)  Notwithstanding  any  provision of law to the contrary and as set
 forth in a plan or plans submitted by the New York state director of the
 budget pursuant to subdivision (a) of  this  section,  the  state  comp-
 troller  is  hereby  directed  and  authorized  to:   (i) transfer funds
 authorized by any undisbursed general fund aid to  localities  appropri-
 ations  or  state special revenue fund aid to localities appropriations,
 excluding debt service, fiduciary, and federal fund  appropriations,  to
 the  city  to  the  Metropolitan  Transportation  Authority  paratransit
 assistance fund established by section 92-jj of the state finance law in
 accordance with such plan; and/or (ii)  collect  and  deposit  into  the
 Metropolitan Transportation Authority paratransit assistance fund estab-
 lished  by  section  92-jj of the state finance law funds from any other
 revenue source of the city, including the sales and use tax, in  accord-
 ance  with  such  plan.  The  state comptroller is hereby authorized and
 directed to make such transfers, collections and  deposits  as  soon  as
 practicable  but  not more than 3 days following the transmittal of such
 plan to the comptroller in  accordance  with  subdivision  (a)  of  this
 section.
   (c)  Notwithstanding any provision of law to the contrary, the state's
 obligation and or liability to fund any program included in general fund
 aid to localities appropriations or state special revenue  fund  aid  to
 localities  appropriations  from which funds are transferred pursuant to
 subdivision (b) of this section shall be reduced in an amount  equal  to
 such transfer or transfers.
   § 8. The state finance law is amended by adding a new section 92-jj to
 read as follows:
   §  92-JJ. METROPOLITAN TRANSPORTATION AUTHORITY PARATRANSIT ASSISTANCE
 FUND. 1. THERE IS HEREBY ESTABLISHED IN THE CUSTODY OF THE COMPTROLLER A
 SPECIAL FUND TO BE KNOWN AS THE  METROPOLITAN  TRANSPORTATION  AUTHORITY
 PARATRANSIT ASSISTANCE FUND.
   2.  SUCH FUND SHALL CONSIST OF ANY MONIES DIRECTED THERETO PURSUANT TO
 THE PROVISIONS OF SECTION SEVEN OF THE PART OF THE CHAPTER OF  THE  LAWS
 OF TWO THOUSAND TWENTY WHICH ADDED THIS SECTION.
   3.  ALL  MONIES  DEPOSITED  INTO  THE FUND PURSUANT TO THE PART OF THE
 CHAPTER OF THE LAWS OF TWO THOUSAND  TWENTY  WHICH  ADDED  THIS  SECTION
 SHALL  BE PAID TO THE METROPOLITAN TRANSPORTATION AUTHORITY BY THE COMP-
 TROLLER, WITHOUT APPROPRIATION, FOR  USE  IN  THE  SAME  MANNER  AS  THE
 PAYMENTS  REQUIRED  BY  SECTION SIX OF SUCH PART, AS SOON AS PRACTICABLE
 BUT NOT MORE THAN FIVE DAYS FROM THE  DATE  THE  COMPTROLLER  DETERMINES
 THAT  THE  FULL  AMOUNT OF THE UNPAID BALANCE OF ANY PAYMENT REQUIRED BY
 SECTION SEVEN OF SUCH PART HAS BEEN DEPOSITED INTO THE FUND.
   § 9. This act shall take effect immediately;  provided  that  sections
 five  through seven of this act shall expire and be deemed repealed June
 30, 2024; and provided further that such  repeal  shall  not  affect  or
 otherwise reduce amounts owed to the metropolitan transportation author-
 ity  paratransit  assistance  fund  to  meet the city's share of the net
 paratransit operating expenses of the MTA for services provided prior to
 June 30, 2024.

 S. 7508--B                         140                        A. 9508--B
 
                                 PART VVV
 
   Section  1.  Legislative  findings  and  declaration of purpose. It is
 hereby found and declared that it is a matter of substantial and  imper-
 ative  state  concern  that the metropolitan transportation authority be
 enabled to deliver as quickly and efficiently as practicable the capital
 projects included in its 2015 to 2019 and 2020 to 2024 approved  capital
 programs,  which  together  will make the subway, bus, and commuter rail
 systems it operates in the metropolitan transportation commuter district
 safer, more reliable, cleaner, more modern, and more accessible for  all
 its  customers.  The  people of the state through their legislature have
 made substantial commitments to ensure stable and reliable capital fund-
 ing to repair and revitalize the metropolitan transportation authority's
 subway, bus, and commuter  rail  systems  including  most  recently  the
 program  to  establish  tolls  for vehicles entering or remaining in New
 York city's central business district, which is expected to fund fifteen
 billion dollars for capital projects.
   The legislature further  finds  and  declares  that  the  metropolitan
 transportation  authority  anticipates that some projects in an approved
 capital program plan will require that it acquire from the city  of  New
 York through negotiation temporary and permanent interests in real prop-
 erty  for  transportation  facilities  or transit projects. So as not to
 unduly delay the commencement of such capital  projects  and  to  ensure
 that their cost is not undue, the city of New York must not unreasonably
 withhold  its  consent  to  such acquisitions nor must it try to use the
 metropolitan transportation authority's urgent need for the interests in
 real property unreasonably as a lever to obtain an undue  price.  Other-
 wise,  the  metropolitan  transportation authority's efforts to make its
 transportation system more accessible and more  reliable  and  efficient
 will be significantly impeded.  Valuations of the property interests and
 negotiations  to determine the fair market value shall be conducted only
 after the metropolitan transportation authority has identified the  need
 for  such  property  interests and the city of New York has consented to
 their transfer or acquisition. Under  the  valuation  procedure  enacted
 herein, those negotiations will be swift and lead to a reasonable price.
 It  is  therefore  the intent of the legislature to provide a means that
 fairly determines the fair market value  of  property  interests  to  be
 acquired by the authority from the city of New York while  at  the  same
 time  ensuring that the metropolitan transportation authority be able to
 efficiently and  cost-effectively   deliver capital projects  that  will
 make  the  subway system more accessible and more reliable. In doing so,
 the legislature further finds and declares that it is acting on a matter
 of substantial state concern.
   § 2. Section 1266 of the public authorities law is amended by adding a
 new subdivision 12-a to read as follows:
   12-A. (A) WHENEVER THE AUTHORITY DETERMINES IN CONSULTATION  WITH  THE
 CITY  OF NEW YORK THAT IT IS NECESSARY TO OBTAIN THE TEMPORARY OR PERMA-
 NENT USE, OCCUPANCY, CONTROL OR POSSESSION OF VACANT OR  UNDEVELOPED  OR
 UNDERUTILIZED BUT REPLACEABLE REAL PROPERTY, OR ANY INTEREST THEREIN, OR
 SUBSURFACE  REAL PROPERTY OR ANY INTEREST THEREIN THEN OWNED BY THE CITY
 OF NEW YORK FOR A PROJECT IN THE TWO THOUSAND FIFTEEN  TO  TWO  THOUSAND
 NINETEEN OR THE TWO THOUSAND TWENTY TO TWO THOUSAND TWENTY-FOUR APPROVED
 CAPITAL  PROGRAMS  TO  (I)  INSTALL ONE OR MORE ELEVATORS TO MAKE ONE OR
 MORE SUBWAY STATIONS MORE ACCESSIBLE, (II) CONSTRUCT OR  RECONSTRUCT  AN
 ELECTRICAL  SUBSTATION  TO INCREASE AVAILABLE POWER TO THE SUBWAY SYSTEM
 TO EXPAND PASSENGER CAPACITY OR RELIABILITY, OR (III) IN CONNECTION WITH

 S. 7508--B                         141                        A. 9508--B
 
 THE CAPITAL PROJECT  TO  CONSTRUCT  FOUR  COMMUTER  RAILROAD  PASSENGERS
 STATIONS  IN  THE BOROUGH OF THE BRONX KNOWN AS PENN STATION ACCESS, THE
 AUTHORITY UPON APPROVAL BY THE BOARD OF THE METROPOLITAN  TRANSPORTATION
 AUTHORITY  AND  UPON SUITABLE NOTICE AND WITH THE CONSENT OF THE CITY OF
 NEW YORK MAY CAUSE THE TITLE TO SUCH  REAL  PROPERTY,  OR  ANY  INTEREST
 THEREIN,  TO  BE TRANSFERRED TO THE AUTHORITY BY ADDING IT TO THE AGREE-
 MENT OF  LEASE  DATED  JUNE  FIRST,  NINETEEN  HUNDRED  FIFTY-THREE,  AS
 AMENDED,  RENEWED AND SUPPLEMENTED, AUTHORIZED BY SECTION TWELVE HUNDRED
 THREE OF THIS ARTICLE, OR MAY ITSELF ACQUIRE TITLE TO SUCH PROPERTY FROM
 THE CITY OF NEW YORK, AND ANY SUCH TRANSFER OR ACQUISITION OF REAL PROP-
 ERTY SHALL BE SUBJECT TO THE PROVISIONS OF SUBDIVISION FIVE  OF  SECTION
 TWELVE  HUNDRED  SIXTY-SIX-C  OF THIS TITLE. NOTHING IN THIS SUBDIVISION
 SHALL BE DEEMED TO AUTHORIZE ANY  TEMPORARY  OR  PERMANENT  TRANSFER  OR
 ACQUISITION  OF  REAL  PROPERTY,  OR INTEREST THEREIN, THAT IS DEDICATED
 PARKLAND WITHOUT SEPARATE LEGISLATIVE APPROVAL OF SUCH ALIENATION.
   (B) (I) UPON THE EXECUTION OF ANY TRANSFER OR ACQUISITION PURSUANT  TO
 THIS SUBDIVISION, WHICH SHALL BE FINAL UPON THE APPROVAL BY THE BOARD OF
 THE METROPOLITAN TRANSPORTATION AUTHORITY AND CONSENT OF THE CITY OF NEW
 YORK,  THE  FAIR MARKET VALUE SHALL BE DETERMINED PURSUANT TO THIS PARA-
 GRAPH. THE AUTHORITY SHALL MAKE A WRITTEN OFFER TO PAY TO  THE  CITY  OF
 NEW  YORK  THE  FAIR  MARKET  VALUE  OF  THE AUTHORITY'S USE, OCCUPANCY,
 CONTROL, POSSESSION OR ACQUISITION OF SUCH PROPERTY. THE  OFFER  BY  THE
 AUTHORITY  SHALL  BE BASED ON AN APPRAISAL OF THE VALUE OF SUCH PROPERTY
 AND A COPY OF SUCH APPRAISAL SHALL BE  INCLUDED  WITH  THE  OFFER.  SUCH
 APPRAISAL  SHALL  BE  DONE  BY AN INDEPENDENT NEW YORK STATE LICENSED OR
 CERTIFIED APPRAISER, WHO MAY NOT BE EMPLOYED BY THE AUTHORITY,  SELECTED
 AT  RANDOM FROM A PANEL OF APPRAISERS MAINTAINED BY IT FOR SUCH PURPOSE.
 SUCH APPRAISAL AND A SECOND APPRAISAL, IF REQUIRED PURSUANT TO  SUBPARA-
 GRAPH  (II) OF THIS PARAGRAPH, SHALL CONSIDER ONLY THE REASONABLY ANTIC-
 IPATED LAWFUL USE OF THE PROPERTY AND ITS ZONING DESIGNATION  UNDER  THE
 ZONING  RESOLUTION  OF  THE  CITY  OF NEW YORK AT THE TIME THE AUTHORITY
 NOTIFIED THE CITY OF NEW YORK  OF  ITS  DETERMINATION  TO  USE,  OCCUPY,
 CONTROL, POSSESS OR ACQUIRE SUCH PROPERTY.
   (II)  WITHIN THIRTY DAYS OF RECEIPT OF THE OFFER BY THE AUTHORITY, THE
 CITY OF NEW YORK MAY ACCEPT IT, AGREE  WITH  THE  AUTHORITY  ON  ANOTHER
 AMOUNT,  OR  REQUEST A SECOND APPRAISAL BY AN INDEPENDENT NEW YORK STATE
 LICENSED OR CERTIFIED APPRAISER, WHO MAY NOT BE EMPLOYED BY THE CITY  OF
 NEW  YORK,  SELECTED  AT  RANDOM BY THE CITY OF NEW YORK FROM A PANEL OF
 APPRAISERS MAINTAINED BY IT FOR  SUCH  PURPOSE.  SUCH  SECOND  APPRAISAL
 SHALL  BE COMPLETED WITHIN THIRTY DAYS. IF THE SECOND APPRAISAL PRODUCES
 AN ESTIMATE OF THE FAIR MARKET VALUE OF THE  PROPERTY  THAT  IS  GREATER
 THAN  THAT  OF THE FIRST APPRAISAL, THE AUTHORITY SHALL HAVE TEN DAYS TO
 INCREASE ITS OFFER TO SUCH HIGHER AMOUNT, OTHERWISE THE  TWO  APPRAISERS
 SHALL  RECONCILE  THEIR VALUATIONS AND AGREE ON A FINAL VALUATION WITHIN
 TEN DAYS, WHICH SHALL BE AN AMOUNT NOT LESS THAN THE FIRST APPRAISAL NOR
 GREATER THAN THE SECOND APPRAISAL.
   (C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO AFFECT OR  LIMIT
 THE AUTHORITY'S POWER UNDER SUBDIVISION TWELVE OF THIS SECTION.
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed on December 31, 2025; provided, however, that the repeal
 of this act shall not affect any transfer or acquisition pursuant to all
 of the terms of section two of this act that has been  approved  by  the
 board  of  the  metropolitan transportation authority before such repeal
 date.
 
                                 PART WWW

 S. 7508--B                         142                        A. 9508--B
 
   Section 1. Paragraph (b) of subdivision 9 of section 208  of  the  tax
 law is amended by adding a new subparagraph 26 to read as follows:
   (26)  FOR  TAXABLE  YEARS  BEGINNING  IN TWO THOUSAND NINETEEN AND TWO
 THOUSAND TWENTY, THE AMOUNT OF THE  INCREASE  IN  THE  FEDERAL  INTEREST
 DEDUCTION  ALLOWED  PURSUANT TO SECTION 163(J)(10)(A)(I) OF THE INTERNAL
 REVENUE CODE.
   § 2. Subsection (a) of section 607 of the tax law, as amended by chap-
 ter 28 of the laws of 1987, is amended to read as follows:
   (a) General. Any term used in this article shall have the same meaning
 as when used in a comparable context in the laws of  the  United  States
 relating  to federal income taxes, unless a different meaning is clearly
 required but such meaning shall be subject to the exceptions or  modifi-
 cations  prescribed in this article or by statute. Any reference in this
 article to the laws of the United States shall mean  the  provisions  of
 the  internal  revenue  code  of  nineteen  hundred eighty-six (unless a
 reference to the internal revenue code of nineteen hundred fifty-four is
 clearly intended), and amendments thereto, and other provisions  of  the
 laws  of the United States relating to federal income taxes, as the same
 may be or become effective at any time or from  time  to  time  for  the
 taxable year. PROVIDED HOWEVER, FOR TAXABLE YEARS BEGINNING BEFORE JANU-
 ARY  FIRST, TWO THOUSAND TWENTY-TWO, ANY AMENDMENTS MADE TO THE INTERNAL
 REVENUE CODE OF NINETEEN HUNDRED EIGHTY-SIX AFTER MARCH FIRST, TWO THOU-
 SAND TWENTY SHALL NOT APPLY TO THIS ARTICLE.
   § 3. Subdivision (a) of section 11-1707 of the administrative code  of
 the  city of New York, as amended by chapter 333 of the laws of 1987, is
 amended to read as follows:
   (a) General. Any term used in this chapter shall have the same meaning
 as when used in a comparable context in the laws of  the  United  States
 relating  to federal income taxes, unless a different meaning is clearly
 required but such meaning shall be subject to the exceptions or  modifi-
 cations  prescribed in this chapter or by statute. Any reference in this
 chapter to the laws of the United States shall mean  the  provisions  of
 the  internal  revenue  code  of  nineteen  hundred eighty-six (unless a
 reference to the internal revenue code of nineteen hundred fifty-four is
 clearly intended), and amendments thereto, and other provisions  of  the
 laws  of the United States relating to federal income taxes, as the same
 may be or become effective at any time or from  time  to  time  for  the
 taxable  year,  as  included and quoted in the appendices (including any
 supplements and additions thereto) to this chapter.   PROVIDED  HOWEVER,
 FOR  TAXABLE  YEARS BEGINNING BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-
 TWO, ANY AMENDMENTS MADE  TO  THE  INTERNAL  REVENUE  CODE  OF  NINETEEN
 HUNDRED  EIGHTY-SIX  AFTER  MARCH  FIRST,  TWO THOUSAND TWENTY SHALL NOT
 APPLY TO THIS CHAPTER. (Such quotation of  the  aforesaid  laws  of  the
 United  States  is  intended  to make them a part of this chapter and to
 avoid constitutional uncertainties which might result if such laws  were
 merely  incorporated  by  reference. The quotation of a provision of the
 internal revenue code or of any other law of the United States  in  such
 appendices shall not necessarily mean that it is applicable or has rele-
 vance to this chapter).
   §  4. Paragraph (b) of subdivision 8 of section 11-652 of the adminis-
 trative code of the city of New York is amended by adding a new subpara-
 graph 22 to read as follows:
   (22) FOR TAXABLE YEARS BEGINNING IN  TWO  THOUSAND  NINETEEN  AND  TWO
 THOUSAND  TWENTY,  THE  AMOUNT  OF  THE INCREASE IN THE FEDERAL INTEREST
 DEDUCTION ALLOWED PURSUANT TO SECTION 163(J)(10)(A)(I) OF  THE  INTERNAL
 REVENUE CODE.

 S. 7508--B                         143                        A. 9508--B
 
   §  5.  Subdivision (b) of section 11-506 of the administrative code of
 the city of New York is amended by adding a new paragraph 17 to read  as
 follows:
   (17)  FOR  TAXABLE  YEARS  BEGINNING  IN TWO THOUSAND NINETEEN AND TWO
 THOUSAND TWENTY, THE AMOUNT OF THE  INCREASE  IN  THE  FEDERAL  INTEREST
 DEDUCTION  ALLOWED  PURSUANT TO SECTION 163(J)(10)(A)(I) OF THE INTERNAL
 REVENUE CODE.
   § 6. Paragraph (b) of subdivision 8 of section 11-602 of the  adminis-
 trative code of the city of New York is amended by adding a new subpara-
 graph 21 to read as follows:
   (21)  FOR  TAXABLE  YEARS  BEGINNING  IN TWO THOUSAND NINETEEN AND TWO
 THOUSAND TWENTY, THE AMOUNT OF THE  INCREASE  IN  THE  FEDERAL  INTEREST
 DEDUCTION  ALLOWED  PURSUANT TO SECTION 163(J)(10)(A)(I) OF THE INTERNAL
 REVENUE CODE.
   § 7. This act shall take effect immediately.
 
                                 PART XXX
 
   Section 1. This Part enacts into law  legislation  providing  for  the
 extension  of  certain  provisions.  Each  component is wholly contained
 within a Subpart identified as Subparts A through H. The effective  date
 for each particular provision contained within such Subpart is set forth
 in  the  last  section  of  such  Subpart.  Any provision in any section
 contained within a Subpart, including the effective date of the Subpart,
 which makes  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 Subpart in which it is  found.
 Section three of this Part sets forth the general effective date of this
 Part.
 
                                 SUBPART A
 
   Section  1.  This  Subpart  enacts into law major components of legis-
 lation relating to issues deemed necessary for the state. Each component
 is wholly contained within an Item identified as Items A through R.  The
 effective  date for each particular provision contained within such Item
 is set forth in the last section of such  Item.  Any  provision  in  any
 section  contained  within  an Item, including the effective date of the
 Item, which makes 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 Item in  which  it  is  found.
 Section  three  of this Subpart sets forth the general effective date of
 this Subpart.
 
                                  ITEM A
 
   Section 1. Section 3 of chapter 492 of the laws of 1993, amending  the
 local finance law relating to installment loans and obligations evidenc-
 ing  installment loans, as amended by chapter 46 of the laws of 2017, is
 amended to read as follows:
   § 3. This act shall take effect immediately and shall remain  in  full
 force and effect until September 30, [2020] 2023, at which time it shall
 be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  ITEM B

 S. 7508--B                         144                        A. 9508--B
 
 Section  1.  Section  2 of chapter 581 of the laws of 2005, amending the
 local finance law relating to statutory installment bonds, as amended by
 chapter 139 of the laws of 2017, is amended to read as follows:
   §  2.  This act shall take effect immediately and shall remain in full
 force and effect until September 30, [2020] 2023, at which time it shall
 expire and be deemed repealed.
   § 2.  This act shall take effect immediately.

                                  ITEM C
 
   Section 1. Section 2 of chapter 629 of the laws of 2005, amending  the
 local  finance law relating to refunding bonds, as amended by chapter 45
 of the laws of 2017, is amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed September 30, [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM D
 
   Section  1. Section 3 of chapter 307 of the laws of 2005, amending the
 public authorities law relating to the special powers of  the  New  York
 state environmental facilities corporation, as amended by chapter 137 of
 the laws of 2017, is amended to read as follows:
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed September 30, [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM E
 
   Section 1. Paragraph c of subdivision 1 of section  13-0339-a  of  the
 environmental conservation law, as amended by chapter 217 of the laws of
 2017, is amended to read as follows:
   c.  Atlantic  and shortnose sturgeon (Acipenser oxyrhynchus and brevi-
 rostrum)   until   December   thirty-first,   two   thousand    [twenty]
 TWENTY-THREE,
   § 2. This act shall take effect immediately.
 
                                  ITEM F
 
   Section  1.  Paragraph  a of subdivision 1 of section 13-0339-a of the
 environmental conservation law, as amended by chapter 218 of the laws of
 2017, is amended to read as follows:
   a. Atlantic cod (Gadus morhua) until December thirty-first, two  thou-
 sand [twenty] TWENTY-THREE,
   § 2. This act shall take effect immediately
 
                                  ITEM G
 
   Section  1.  Paragraph  d of subdivision 1 of section 13-0339-a of the
 environmental conservation law, as amended by chapter 219 of the laws of
 2017, is amended to read as follows:
   d. Atlantic herring (Clupea harengus) until December thirty-first, two
 thousand [twenty] TWENTY-THREE,
   § 2. This act shall take effect immediately.
 
                                  ITEM H

 S. 7508--B                         145                        A. 9508--B
 
   Section 1. Section 13-0340-f of the environmental conservation law, as
 amended by chapter 207 of the laws  of  2017,  is  amended  to  read  as
 follows:
 § 13-0340-f. Black sea bass (Centropristis striata).
   The department may, until December thirty-first, two thousand [twenty]
 TWENTY-THREE, fix by regulation measures for the management of black sea
 bass   (Centropristis   striata),   including  size  limits,  catch  and
 possession limits, open and closed seasons, closed  areas,  restrictions
 on the manner of taking and landing, requirements for permits and eligi-
 bility  therefor, recordkeeping requirements, requirements on the amount
 and type of fishing effort and gear and requirements relating to  trans-
 portation,  possession  and  sale, provided that such regulations are no
 less restrictive  than  requirements  set  forth  in  this  chapter  and
 provided  further  that such regulations are consistent with the compli-
 ance requirements of applicable fishery management plans adopted by  the
 Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
 provisions of fishery management plans adopted pursuant to  the  Federal
 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
   § 2. This act shall take effect immediately.
 
                                  ITEM I
 
   Section  1.  Paragraph  g of subdivision 1 of section 13-0339-a of the
 environmental conservation law, as amended by chapter 220 of the laws of
 2017, is amended to read as follows:
   g. blueback herring (Alosa aestivalis)  until  December  thirty-first,
 two thousand [twenty] TWENTY-THREE,
   § 2. This act shall take effect immediately.
 
                                  ITEM J

   Section  1.  Subdivision  7  of  section  13-0331 of the environmental
 conservation law, as amended by chapter 20  of  the  laws  of  2019,  is
 amended to read as follows:
   7.  The  department  may,  until  December  thirty-first, two thousand
 [twenty] TWENTY-THREE, fix by regulation measures for the management  of
 crabs  of  any  kind  including horseshoe crabs (Limulus sp.), including
 size limits, catch and  possession  limits,  open  and  closed  seasons,
 closed areas, restrictions on the manner of taking and landing, require-
 ments  for permits and eligibility therefor, recordkeeping requirements,
 requirements on the amount and type of  fishing  effort  and  gear,  and
 requirements  relating  to transportation, possession and sale, provided
 that such regulations are no  less  restrictive  than  requirements  set
 forth  in  this  chapter  and provided further that such regulations are
 consistent  with  the  compliance  requirements  of  applicable  fishery
 management plans adopted by the Atlantic States Marine Fisheries Commis-
 sion  and with applicable provisions of fishery management plans adopted
 pursuant to the Federal Fishery  Conservation  and  Management  Act  (16
 U.S.C. § 1800 et seq.).
   § 2. This act shall take effect immediately.
 
                                  ITEM K
 
   Section  1.  Subdivision  3  of  section  13-0360 of the environmental
 conservation law, as amended by chapter 209 of  the  laws  of  2017,  is
 amended to read as follows:

 S. 7508--B                         146                        A. 9508--B
 
   3. Notwithstanding any other provision of this chapter, the department
 may,  until  December  thirty-first, two thousand [twenty] TWENTY-THREE,
 adopt regulations restricting the taking of fish, shellfish and  crusta-
 cea  in  any  special management area designated pursuant to subdivision
 two of this section.  Such regulations may restrict the manner of taking
 of  fish, shellfish and crustacea in such areas and the landing of fish,
 shellfish and crustacea which have  been  taken  therefrom.  Such  regu-
 lations  shall  be  consistent  with all relevant federal and interstate
 fisheries management plans and with the  marine  fisheries  conservation
 and management policy set forth in section 13-0105 of this article.
   § 2. This act shall take effect immediately.
 
                                  ITEM L
 
   Section 1. Section 13-0340-b of the environmental conservation law, as
 amended  by  chapter  221  of  the  laws  of 2017, is amended to read as
 follows:
 § 13-0340-b. Fluke - summer flounder (Paralichthys dentatus).
   The department may, until December thirty-first, two thousand [twenty]
 TWENTY-THREE, fix by regulation measures for the management of fluke  or
 summer  flounder  (Paralichthys  dentatus), including size limits, catch
 and  possession  limits,  open  and  closed   seasons,   closed   areas,
 restrictions  on  the  manner  of  taking  and landing, requirements for
 permits and eligibility therefor, recordkeeping  requirements,  require-
 ments  on  the  amount and type of fishing effort and gear, and require-
 ments relating to transportation, possession  and  sale,  provided  that
 such  regulations are no less restrictive than requirements set forth in
 this chapter and provided further that such regulations  are  consistent
 with  the compliance requirements of applicable fishery management plans
 adopted by the Atlantic States  Marine  Fisheries  Commission  and  with
 applicable  provisions  of  fishery management plans adopted pursuant to
 the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et
 seq.).
   § 2. This act shall take effect immediately.
 
                                  ITEM M
 
   Section 1. Section 13-0340-e of the environmental conservation law, as
 amended by chapter 222 of the laws  of  2017,  is  amended  to  read  as
 follows:
 § 13-0340-e. Scup (Stenotomus chrysops).
   The department may, until December thirty-first, two thousand [twenty]
 TWENTY-THREE,  fix  by  regulation  measures  for the management of scup
 (Stenotomus chrysops),  including  size  limits,  catch  and  possession
 limits,  open  and  closed  seasons,  closed  areas, restrictions on the
 manner of taking and landing, requirements for permits  and  eligibility
 therefor,  recordkeeping  requirements,  requirements  on the amount and
 type of fishing effort and gear, and requirements relating to  transpor-
 tation,  possession and sale, provided that such regulations are no less
 restrictive than requirements set forth in  this  chapter  and  provided
 further  that  such  regulations  are  consistent  with  the  compliance
 requirements of applicable  fishery  management  plans  adopted  by  the
 Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
 provisions of fishery management plans adopted pursuant to  the  Federal
 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
   § 2. This act shall take effect immediately.

 S. 7508--B                         147                        A. 9508--B
 
                                  ITEM N
 
   Section  1.  Subdivision  4  of  section  13-0338 of the environmental
 conservation law, as amended by chapter 223 of  the  laws  of  2017,  is
 amended to read as follows:
   4.  The  department  may,  until  December  thirty-first, two thousand
 [twenty] TWENTY-THREE, fix by regulation measures for the management  of
 sharks,  including  size  limits,  catch and possession limits, open and
 closed seasons, closed areas, restrictions on the manner of  taking  and
 landing,  requirements for permits and eligibility therefor, recordkeep-
 ing requirements, requirements on the amount and type of fishing  effort
 and  gear,  and  requirements relating to transportation, possession and
 sale, provided that  such  regulations  are  no  less  restrictive  than
 requirements  set  forth  in this chapter and provided further that such
 regulations are consistent with the compliance requirements of  applica-
 ble fishery management plans adopted by the Atlantic States Marine Fish-
 eries  Commission  and  with applicable provisions of fishery management
 plans adopted pursuant to the Federal Fishery Conservation  and  Manage-
 ment Act (16 U.S.C. §1800 et seq.).
   § 2. This act shall take effect immediately.
 
                                  ITEM O
 
   Section  1.  Paragraph  h of subdivision 1 of section 13-0339-a of the
 environmental conservation law, as amended by chapter 208 of the laws of
 2017, is amended to read as follows:
   h. squid  (cephalopoda)  until  December  thirty-first,  two  thousand
 [twenty] TWENTY-THREE, and
   § 2. This act shall take effect immediately.
 
                                  ITEM P
 
   Section  1.  Subdivision  6  of  section  13-0330 of the environmental
 conservation law, as amended by chapter 224 of  the  laws  of  2017,  is
 amended to read as follows:
   6.  The  department  may,  until  December  thirty-first, two thousand
 [twenty] TWENTY-THREE, fix by regulation measures for the management  of
 whelk  or  conch  (Busycon and Busycotypus spp.), including size limits,
 catch and possession limits, open  and  closed  seasons,  closed  areas,
 restrictions  on  the  manner  of  taking  and landing, requirements for
 permits and eligibility therefor, recordkeeping  requirements,  require-
 ments  on  the  amount and type of fishing effort and gear, and require-
 ments relating to transportation, possession  and  sale,  provided  that
 such  regulations are no less restrictive than requirements set forth in
 this chapter and provided further that such regulations  are  consistent
 with  the compliance requirements of applicable fishery management plans
 adopted by the Atlantic States  Marine  Fisheries  Commission  and  with
 applicable  provisions  of  fishery management plans adopted pursuant to
 the Federal Fishery Conservation and Management Act (16 U.S.C. § 1800 et
 seq.).
   § 2. This act shall take effect immediately.
 
                                  ITEM Q

 S. 7508--B                         148                        A. 9508--B
 
   Section 1. Section 13-0340-c of the environmental conservation law, as
 amended by chapter 213 of the laws  of  2017,  is  amended  to  read  as
 follows:
 § 13-0340-c. Winter flounder (Pleuorenectes americanus).
   The department may, until December thirty-first, two thousand [twenty]
 TWENTY-THREE,  fix  by  regulation measures for the management of winter
 flounder (Pleuorenectes americanus), including size  limits,  catch  and
 possession  limits,  open and closed seasons, closed areas, restrictions
 on the manner of taking and landing, requirements for permits and eligi-
 bility therefor, recordkeeping requirements, requirements on the  amount
 and type of fishing effort and gear, and requirements relating to trans-
 portation,  possession  and  sale, provided that such regulations are no
 less restrictive  than  requirements  set  forth  in  this  chapter  and
 provided  further  that such regulations are consistent with the compli-
 ance requirements of applicable fishery management plans adopted by  the
 Atlantic   States   Marine  Fisheries  Commission  and  with  applicable
 provisions of fishery management plans adopted pursuant to  the  Federal
 Fishery Conservation and Management Act (16 U.S.C. § 1800 et seq.).
   § 2. This act shall take effect immediately.
 
                                  ITEM R
 
   Section 1. Paragraphs a and b and the opening paragraph of paragraph c
 of  subdivision  1  of section 13-0328 of the environmental conservation
 law, as  amended by chapter 21 of the laws of 2019, are amended to  read
 as follows:
   a.  for  the  period  beginning  January  first, two thousand eighteen
 through December thirty-first, two  thousand  [twenty]  TWENTY-ONE,  the
 number  of resident commercial food fish licenses and the number of non-
 resident commercial food fish licenses shall not  exceed  the  following
 annual limits:
   (i) for two thousand eighteen, the number of licenses shall be limited
 to  the  number of licenses issued in two thousand seventeen, plus fifty
 percent of any difference between the number of licenses issued  in  two
 thousand seventeen and nine hundred sixty-nine;
   (ii) for two thousand nineteen, the number of licenses shall be limit-
 ed  to  the  number  of licenses established in subparagraph (i) of this
 paragraph; [and]
   (iii) for two thousand twenty, the number of licenses shall be limited
 to the number of licenses established in subparagraph (i) of this  para-
 graph; AND
   (IV)  FOR  TWO  THOUSAND  TWENTY-ONE,  THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   b.  for  the  period  beginning January first, two thousand [nineteen]
 TWENTY through December thirty-first, two thousand [twenty]  TWENTY-ONE,
 persons  who  were issued a commercial food fish license in the previous
 year shall be eligible to be issued such license.
   for the period beginning January first, two thousand [nineteen] TWENTY
 through December thirty-first, two  thousand  [twenty]  TWENTY-ONE,  the
 department shall issue commercial food fish licenses to persons who were
 not  issued  such  license  in the previous year provided that the total
 number of such licenses issued to  such  persons  does  not  exceed  the
 difference  between the number of licenses established in paragraph a of
 this subdivision and the number of  such  licenses  issued  pursuant  to
 paragraph b of this subdivision, subject to the following:

 S. 7508--B                         149                        A. 9508--B
 
   §  2.  Subdivisions  2, 3, 4 and 5 of section 13-0328 of  the environ-
 mental conservation law, as   amended by chapter  21   of   the laws  of
 2019, are amended to read as follows:
   2. Commercial lobster permits. Commercial lobster permits provided for
 by section 13-0329 of this title shall be issued as follows:
   for  the  period  beginning  January  first,  two  thousand [nineteen]
 TWENTY, through December thirty-first, two thousand [twenty] TWENTY-ONE,
 only persons who were issued a commercial lobster permit in the previous
 year shall be eligible to be issued such permit.
   3. Commercial crab permits. Commercial crab permits  provided  for  by
 section 13-0331 of this title shall be issued as follows:
   a.  for  the  period  beginning  January  first, two thousand eighteen
 through December thirty-first, two  thousand  [twenty]  TWENTY-ONE,  the
 number  of  resident commercial crab permits and the number of non-resi-
 dent commercial crab permits  shall  not  exceed  the  following  annual
 limits:
   (i)  for two thousand eighteen, the number of permits shall be limited
 to the number of permits issued in two thousand  seventeen,  plus  fifty
 percent  of  any  difference between the number of permits issued in two
 thousand seventeen and five hundred sixty-three;
   (ii) for two thousand nineteen, the number of permits shall be limited
 to the number of permits established in subparagraph (i) of  this  para-
 graph; [and]
   (iii)  for two thousand twenty, the number of permits shall be limited
 to the number of permits established in subparagraph (i) of  this  para-
 graph; AND
   (IV)  FOR  TWO  THOUSAND  TWENTY-ONE,  THE NUMBER OF LICENSES SHALL BE
 LIMITED TO THE NUMBER OF LICENSES ESTABLISHED  IN  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.
   b.  for  the  period  beginning January first, two thousand [nineteen]
 TWENTY through December thirty-first, two thousand [twenty]  TWENTY-ONE,
 persons  who  were  issued a commercial crab permit in the previous year
 shall be eligible to be issued such permit.
   c. for the period beginning January  first,  two  thousand  [nineteen]
 TWENTY  through December thirty-first, two thousand [twenty] TWENTY-ONE,
 the department shall issue commercial crab permits to persons  who  were
 not  issued  such  permit  in  the previous year provided that the total
 number of such permits issued  to  such  persons  does  not  exceed  the
 difference  between  the number of permits established in paragraph a of
 this subdivision and the number of such permits issued pursuant to para-
 graph b of this subdivision, subject to the following:
   (i) permits shall be issued in the order  in  which  the  applications
 were  received,  except that where multiple applications are received by
 the department on the same day, applicants for whom the  department  has
 received  notice  of successful completion of an apprenticeship pursuant
 to subdivision seven of this section shall be considered by the  depart-
 ment prior to other applicants;
   (ii) permits may be issued to individuals only;
   (iii)  permits  shall be issued to applicants who are sixteen years of
 age or older at the time of the application; and
   (iv) permits shall be issued only to  persons  who  demonstrate  in  a
 manner  acceptable to the department that they received an average of at
 least fifteen thousand dollars of income over  three  consecutive  years
 from  commercial  fishing  or  fishing,  or who successfully complete an
 apprenticeship pursuant to subdivision seven of this section. As used in
 this subparagraph, "commercial fishing" means the  taking  and  sale  of

 S. 7508--B                         150                        A. 9508--B
 
 marine  resources  including  fish, shellfish, crustacea or other marine
 biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
 passengers  for  hire.  Individuals  who wish to qualify based on income
 from  "fishing"  must hold a valid marine and coastal district party and
 charter boat license. No more than ten percent  of  the  permits  issued
 each  year  based on income eligibility pursuant to this paragraph shall
 be issued to applicants who qualify based upon income derived from oper-
 ation of or employment by a party or charter boat.
   4. Commercial whelk or  conch  licenses.  Commercial  whelk  or  conch
 licenses  provided  for by section 13-0330 of this title shall be issued
 as follows:
   a. for the period  beginning  January  first,  two  thousand  eighteen
 through  December  thirty-first,  two  thousand [twenty] TWENTY-ONE, the
 number of resident commercial whelk or conch licenses and the number  of
 non-resident  commercial  whelk  or  conch licenses shall not exceed the
 following annual limits:
   (i) for two thousand eighteen, the number of licenses shall be limited
 to the number of licenses issued in two thousand  seventeen  plus  fifty
 percent  of  any difference between the number of licenses issued in two
 thousand seventeen and two hundred fifty-two;
   (ii) for two thousand nineteen, the number of licenses shall be limit-
 ed to the number of licenses established in  subparagraph  (i)  of  this
 paragraph; [and]
   (iii) for two thousand twenty, the number of licenses shall be limited
 to  the number of licenses established in subparagraph (i) of this para-
 graph; AND
   (IV) FOR TWO THOUSAND TWENTY-ONE, THE  NUMBER  OF  LICENSES  SHALL  BE
 LIMITED  TO  THE  NUMBER  OF LICENSES ESTABLISHED IN SUBPARAGRAPH (I) OF
 THIS PARAGRAPH.
   b. for the period beginning January  first,  two  thousand  [nineteen]
 TWENTY  through December thirty-first, two thousand [twenty] TWENTY-ONE,
 persons who were issued a commercial  whelk  or  conch  license  in  the
 previous year shall be eligible to be issued such license.
   c.  for  the  period  beginning January first, two thousand [nineteen]
 TWENTY through December thirty-first, two thousand [twenty]  TWENTY-ONE,
 persons  who  were not issued a commercial whelk or conch license in the
 previous year shall be eligible to be issued such license provided  that
 the  total  number  of  such  licenses  issued to such persons shall not
 exceed the difference between the  number  of  licenses  established  in
 paragraph  a  of this subdivision and the number of such licenses issued
 pursuant to paragraph b of this subdivision, subject to the following:
   (i) licenses shall be issued in the order in  which  the  applications
 were  received,  except that where multiple applications are received by
 the department on the same day, applicants for whom the  department  has
 received  notice  of successful completion of an apprenticeship pursuant
 to subdivision seven of this section shall be considered by the  depart-
 ment prior to other applicants;
   (ii) licenses may be issued to individuals only;
   (iii)  licenses shall be issued to applicants who are sixteen years of
 age or older at the time of the application; and
   (iv) licenses shall be issued only to persons  who  demonstrate  in  a
 manner  acceptable to the department that they received an average of at
 least fifteen thousand dollars of income over  three  consecutive  years
 from  commercial  fishing  or  fishing,  or who successfully complete an
 apprenticeship pursuant to subdivision seven of this section. As used in
 this subparagraph, "commercial fishing" means the  taking  and  sale  of

 S. 7508--B                         151                        A. 9508--B
 
 marine  resources  including  fish, shellfish, crustacea or other marine
 biota and  "fishing"  means  commercial  fishing  and  carrying  fishing
 passengers  for  hire.  Individuals  who wish to qualify based on income
 from  "fishing"  must hold a valid marine and coastal district party and
 charter boat license. No more than ten percent of  the  licenses  issued
 each  year  pursuant to this paragraph shall be issued to applicants who
 qualify based upon income derived from operation of or employment  by  a
 party or charter boat.
   5. Marine and coastal district party and charter boat licenses. Marine
 and  coastal  district  party  and charter boat licenses provided for by
 section 13-0336 of this title shall be issued as  follows,  except  that
 this  subdivision  shall  not  apply to the owner or operator of a party
 boat or charter boat whose vessel is classified  by  the  United  States
 Coast  Guard  as  an Inspected Passenger Vessel and which is licensed to
 carry more than six passengers:
   a. for the years two thousand [nineteen] TWENTY through  two  thousand
 [twenty]  TWENTY-ONE,  the  annual number of marine and coastal district
 party and charter boat licenses issued shall  not  exceed  five  hundred
 seventeen.
   b.  for  the years two thousand [nineteen] TWENTY through two thousand
 [twenty] TWENTY-ONE, persons  who  were  issued  a  marine  and  coastal
 district  party  and  charter boat license in the previous year shall be
 eligible to be issued such license.
   c. for the years two thousand [nineteen] TWENTY through  two  thousand
 [twenty]  TWENTY-ONE,  the  department  shall  issue  marine and coastal
 district party and charter boat licenses to persons who were not  issued
 such  license  in  the  previous year, provided that the total number of
 licenses issued does not exceed five hundred seventeen, subject  to  the
 following:
   (i)  licenses  shall  be issued in the order in which the applications
 were received;
   (ii) licenses shall be issued only to persons who hold an  Uninspected
 Passenger Vessel license issued by the United States Coast Guard.
   §  3.  This  act  shall take effect December 31, 2020. Effective imme-
 diately, the addition, amendment and/or repeal of any rule or regulation
 necessary for the implementation of this act on its effective  date  are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or item of this subpart 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 item 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.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable effective date of Items A through R of this act shall be
 as specifically set forth in the last section of such Items.
 
                                 SUBPART B
 
   Section 1. This Subpart enacts into law  major  components  of  legis-
 lation relating to issues deemed necessary for the state. Each component
 is  wholly  contained  within an Item identified as Items A through UUU.

 S. 7508--B                         152                        A. 9508--B
 
 The effective date for each particular provision contained  within  such
 Item is set forth in the last section of such Item. Any provision in any
 section  contained  within  an Item, including the effective date of the
 Item,  which  makes  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 Item in which it is found.
 Section three of this Subpart sets forth the general effective  date  of
 this Subpart.
 
                                  ITEM A
 
   Section  1.  Notwithstanding  any  inconsistent  provision of law, any
 person who is licensed or certified to practice as a  physician,  physi-
 cian's  assistant,  massage therapist, physical therapist, chiropractor,
 dentist, optometrist, nurse, nurse practitioner, emergency medical tech-
 nician, podiatrist or athletic trainer in another  state  or  territory,
 who  is  in  good  standing  in such state or territory and who has been
 appointed by the World Triathlon  Corporation  to  provide  professional
 services  at  an  event  in this state sanctioned by the World Triathlon
 Corporation, may provide such professional services to athletes and team
 personnel registered to train at a location in this state or  registered
 to compete in an event conducted under the sanction of the World Triath-
 lon  Corporation  in  the state without first being licensed pursuant to
 the provisions of title 8 of the education law or certified pursuant  to
 the  provisions  of  the  public  health law, as may be applicable. Such
 services shall be provided only four days before through one  day  after
 each of the following events:
   a. Ironman Lake Placid scheduled to be held on July 26, 2020; and
   b.  Ironman  70.3  Lake  Placid  scheduled to be held on September 13,
 2020.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed September 17, 2020.
 
                                  ITEM B
 
   Section  1.  Section 3 of chapter 510 of the laws of 2013, authorizing
 the city of Middletown to enter into a contract to  sell  or  pledge  as
 collateral  for  a loan some or all of the delinquent liens held by such
 city to a private party or engage a private party to collect some or all
 of the delinquent tax liens held by it, as amended by chapter 391 of the
 laws of 2017, is amended to read as follows:
   § 3. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on and after December 31, [2019] 2021.
   § 2. This act shall take effect immediately.
 
                                  ITEM C
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "private activity bond allocation act of 2020".
   § 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

 S. 7508--B                         153                        A. 9508--B
 
 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.
   § 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.

 S. 7508--B                         154                        A. 9508--B
 
   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.
   §  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
 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.
   § 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.
   §  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 agencies,
 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  allo-
 cated  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
 thirteen  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.
   (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.

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   (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 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  thir-
 teen  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.
   §  7. Access to employment opportunities. 1. All issuers shall require
 that any new employment opportunities created in connection with  indus-
 trial  or manufacturing projects financed through the issuance of quali-
 fied small issue bonds shall be listed with the New York  state  depart-
 ment  of  labor and with the one-stop career center established pursuant
 to the federal Workforce Innovation and Opportunity  Act  (Pub.  L.  No.
 113-128)  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
 employment opportunities created in connection  with  an  industrial  or
 manufacturing  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 the Workforce Inno-
 vation and Opportunity Act (Pub. L. No. 113-128) 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.
   § 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

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 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.
   §  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.
   § 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 of any
 such reallocation.
   § 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 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 expiration shall have
 been made under section 146 of the  code,  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

 S. 7508--B                         157                        A. 9508--B
 
 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 state-
 wide  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
 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. Any such future allo-
 cation shall, 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,  be  canceled  if
 the  current year allocation for the project is not used by December 31,
 2021.
   (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.
   § 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. 7508--B                         158                        A. 9508--B
 
   § 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.
   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.
   §  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.

 S. 7508--B                         159                        A. 9508--B
 
   (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.  The  director shall publish the report on the division of budg-
 et's website concurrently with the release of the report to the panel.
   § 15. Severability. If any clause, sentence,  paragraph,  section,  or
 item  of this subpart shall be adjudged by any court of competent juris-
 diction to be invalid, such judgment shall not affect, impair, or inval-
 idate the remainder thereof, but shall be confined in its  operation  to
 the  clause,  sentence,  paragraph,  section,  or  item thereof directly
 involved in the controversy in  which  such  judgment  shall  have  been
 rendered.
   §  16.  Notwithstanding any provisions of this act to the contrary (1)
 provided that a local agency or other issuer certifies  to  the  commis-
 sioner  on or before October 1, 2020 that it has issued private activity
 bonds described in this act and the amount thereof which used  statewide
 ceiling,  a  commitment  or  allocation  of statewide ceiling to a local
 agency or other issuer made to or so used by such local agency or  other

 S. 7508--B                         160                        A. 9508--B
 
 issuer  pursuant to the federal tax reform act of 1986 on or after Janu-
 ary 1, 2020 and prior to the effective date of this act,  in  an  amount
 which  exceeds the local agency set-aside established by section four of
 this act, shall be first chargeable to the statewide bond reserve estab-
 lished  pursuant  to  section  six  of this act, and (2) a commitment or
 allocation of statewide ceiling to a state agency made  to  or  used  by
 such  agency  pursuant  to  the internal revenue code, as amended, on or
 after January 1, 2020 and prior to the effective date of this act, shall
 be first chargeable to the state agency set-aside  established  pursuant
 to  section  five  of  this  act, and, thereafter, to the statewide bond
 reserve established by section six of this act.
   § 17. Nothing contained in this act  shall  be  deemed  to  supersede,
 alter  or  impair any allocation used by or committed by the director or
 commissioner to a state or local agency or other issuer pursuant to  the
 federal  tax  reform act of 1986 and prior to the effective date of this
 act.
   § 18. This act shall take effect immediately; provided, however,  that
 sections  three, four, five, six, seven, eight, nine, ten, twelve, thir-
 teen and fourteen of this act shall expire July 1, 2022 when  upon  such
 date  the  provisions  of such sections shall be deemed repealed; except
 that the provisions of subdivisions two and three of section thirteen of
 this act shall expire and be deemed repealed February 15, 2022.
 
                                  ITEM D
 
   Section 1. Section 3 of chapter 448 of the laws of 2017, amending  the
 canal  law  relating  to  the  upstate  flood  mitigation task force, is
 amended to read as follows:
   § 3. This act shall take effect immediately; provided,  however,  that
 section  139-d  of  the  canal law, as added by section one of this act,
 shall take effect April 1, 2018; and provided, further,  that  this  act
 shall expire and be deemed repealed March 31, [2020] 2021.
   § 2. This act shall take effect immediately.
 
                                  ITEM E
 
                           Intentionally Omitted
 
                                  ITEM F
 
                           Intentionally Omitted
 
                                  ITEM G
 
                           Intentionally Omitted
 
                                  ITEM H
 
                           Intentionally Omitted
 
                                  ITEM I

 S. 7508--B                         161                        A. 9508--B
 
                           Intentionally Omitted
 
                                  ITEM J
 
                           Intentionally Omitted
 
                                  ITEM K

   Section  1.  Section 3 of chapter 454 of the laws of 2010 amending the
 vehicle and traffic law relating  to  authorizing  a  pilot  residential
 parking  permit  system in the city of Albany, as amended by chapter 243
 of the laws of 2018, is amended to read as follows:
   § 3. This act shall take effect immediately and shall remain  in  full
 force  and effect for a period of [eight] NINE years after the implemen-
 tation of the local law or ordinance  adopted  by  the  city  of  Albany
 pursuant  to  section  1640-m of the vehicle and traffic law as added by
 section two of this act at which time  this  act  shall  expire  and  be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  ITEM L
 
   Section  1.  Section  3  of  chapter 465 of the laws of 1994, amending
 chapter 285 of the laws of 1891 relating to charging a fee for admission
 to the New York Botanical Garden, as amended by chapter 120 of the  laws
 of 2014, is amended to read as follows:
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 30, 1994; provided
 that:
   (a) the amendment made by section one of this act shall expire and  be
 deemed repealed on May 1, [2020] 2025; and
   (b) section two of this act shall take effect on May 1, [2020] 2025.
   § 2. This act shall take effect immediately.
 
                                  ITEM M
 
   Section 1. Sections 5 and 6 of chapter 414 of the laws of 2018, creat-
 ing the radon task force, as amended by chapter 225 of the laws of 2019,
 are amended to read as follows:
   §  5.  A  report of the findings and recommendations of the task force
 and any proposed legislation necessary to implement such findings  shall
 be  filed  with the governor, the temporary president of the senate, the
 speaker of the assembly, the minority leader  of  the  senate,  and  the
 minority  leader  of the assembly on or before November first, two thou-
 sand [twenty] TWENTY-ONE.
   § 6. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, [2020] 2021.
   § 2. This act shall take effect immediately.
 
                                  ITEM N
 
   Section  1.  Section 3 of chapter 435 of the laws of 2014 amending the
 environmental conservation law relating to defining spearguns and allow-
 ing recreational spearfishing in New York's marine and  coastal  waters,

 S. 7508--B                         162                        A. 9508--B
 
 as  amended  by  chapter  66  of the laws of 2017, is amended to read as
 follows:
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall expire and be deemed repealed June 1, [2020]
 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM O
 
   Section 1. Section 4 of chapter 330 of the laws of 2014, amending  the
 environmental  conservation  law  relating  to aquatic invasive species,
 spread prevention, and penalties, as amended by chapter 81 of  the  laws
 of 2019, is amended to read as follows:
   §  4. This act shall take effect one year after it shall have become a
 law, and shall expire and  be  deemed  repealed  June  1,  [2020]  2021.
 Effective  immediately,  the  addition,  amendment, and/or repeal of any
 rule or regulation necessary for the timely implementation of  this  act
 on  its effective date is authorized to be made on or before such effec-
 tive date.
   § 2. This act shall take effect immediately.
 
                                  ITEM P
 
   Section 1. Section 11 of part B of chapter 104 of the  laws  of  2005,
 enacting the September 11th worker protection task force act, as amended
 by chapter 45 of the laws of 2015, is amended to read as follows:
   §  11. This act shall take effect September 11, 2005, and shall expire
 and be deemed repealed on June 10, [2020] 2025.
   § 2. This act shall take effect immediately.
 
                                  ITEM Q

   Section 1. Section 4 of chapter 266 of the laws of 1981, amending  the
 civil practice law and rules relating to time limitations, as amended by
 chapter 82 of the laws of 2018, is amended to read as follows:
   §  4.  Every  cause of action for an injury or death caused by contact
 with or exposure to phenoxy herbicides while serving as a member of  the
 armed  forces  of the United States in Indo-China from February 28, 1961
 through May 7, 1975, which is or would be barred prior to June 16, 1985,
 because the applicable  period  of  limitation  has  expired  is  hereby
 revived  and extended and any action thereon may be commenced and prose-
 cuted provided such action is commenced not later than June  16,  [2020]
 2022.
   § 2. This act shall take effect immediately.
 
                                  ITEM R

   Section  1. Section 3 of chapter 455 of the laws of 1997, amending the
 New York city civil court act and  the  civil  practice  law  and  rules
 relating  to  authorizing  New  York  city marshals to exercise the same
 functions, powers and duties as sheriffs with respect to  the  execution
 of  money  judgments,  as  amended by chapter 47 of the laws of 2019, is
 amended to read as follows:
   § 3. This act shall take effect immediately and shall remain  in  full
 force  and  effect  only  until June 30, [2020] 2021 when upon such date
 this act shall be deemed repealed.

 S. 7508--B                         163                        A. 9508--B
 
   § 2. This act shall take effect immediately.
 
                                  ITEM S
 
   Section  1.  Section 2 of chapter 490 of the laws of 2017 amending the
 insurance law relating to limits on certain supplementary  insurance  is
 amended to read as follows:
   § 2. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become a law, and shall apply to new insurance policies
 and contracts issued on and after such effective date and  shall  expire
 and be deemed repealed June 30, [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM T
 
   Section 1. Section 54.50 of the local finance law, as amended by chap-
 ter 74 of the laws of 2019, is amended to read as follows:
   § 54.50 Costs of sales; county of Erie. To facilitate the marketing of
 any  issue  of  serial bonds or notes of the county of Erie issued on or
 before June thirtieth, two thousand [twenty] TWENTY-ONE such county may,
 notwithstanding any limitations on private sales of  bonds  provided  by
 law,  and  subject to approval by the state comptroller of the terms and
 conditions of such sale:
   a. arrange for the underwriting of its bonds or notes at private  sale
 through  negotiated  agreement, compensation for such underwriting to be
 provided by negotiated fee or by sale of  such  bonds  or  notes  to  an
 underwriter  at  a  price  less  than  the  sum of par value of, and the
 accrued interest on, such obligations; or
   b. arrange for the private sale of its bonds or notes through  negoti-
 ated agreement, compensation for such sales to be provided by negotiated
 fee,  if  required.  The  cost of such underwriting or private placement
 shall be deemed a preliminary cost for purposes of section 11.00 of this
 chapter.
   § 2. This act shall take effect immediately.

                                  ITEM U
 
   Section 1. Section 2 of chapter 846 of the laws of 1970, amending  the
 county  law  relating  to payment in lieu of taxes for property acquired
 for park or recreational purposes, as amended by chapter 41 of the  laws
 of 2015, is amended to read as follows:
   §  2.  This  act shall take effect July 1, 1970 but shall be operative
 only to and including June 30, [2020] 2025.
   § 2. This act shall take effect immediately.
 
                                  ITEM V
 
   Section 1. Section 3 of chapter 821 of the laws of 1970  amending  the
 town  law relating to payment in lieu of taxes for property acquired for
 park or recreational purposes by the town of Hempstead,  as  amended  by
 chapter 38 of the laws of 2015, is amended to read as follows:
   §  3.  This  act shall take effect July 1, 1970 but shall be operative
 only to and including June 30, [2020] 2025.
   § 2. This act shall take effect immediately.
 
                                  ITEM W

 S. 7508--B                         164                        A. 9508--B
 
   Section 1. Section 2 of chapter 20 of the laws of 1998,  amending  the
 education  law  relating  to the provision of physical therapy assistant
 services in public and private primary and secondary schools, as amended
 by chapter 27 of the laws of 2015, is amended to read as follows:
   § 2. This act shall take effect immediately and shall remain in effect
 until  June  30,  [2020] 2025 when upon such date the provisions of this
 act shall expire and be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  ITEM X
 
   Section 1. Section 3 of chapter 549 of the laws of 1994, amending  the
 public  authorities  law  relating  to the membership composition of the
 metropolitan transportation authority board, as amended by section 1  of
 part J of chapter 73 of the laws of 2016, is amended to read as follows:
   §  3.  This act shall take effect January 1, 1995 and shall expire and
 be deemed repealed on June 30,  [2020]  2024  and  upon  such  date  the
 provisions  of law amended by this act shall revert to and be read as if
 the provisions of this act had not been enacted.
   § 2. This act shall take effect immediately.
 
                                  ITEM Y
 
   Section 1. Section 4 of part H1 of chapter 62 of  the  laws  of  2003,
 amending  the  public  service law relating to establishing the New York
 telecommunications relay service center, as amended by  chapter  291  of
 the laws of 2017, is amended to read as follows:
   §  4.  This act shall take effect on April 1, 2003, provided, however,
 if this act shall become a law after such  date  it  shall  take  effect
 immediately and shall be deemed to have been in full force and effect on
 and  after  April 1, 2003, provided, further, that section three of this
 act shall expire on June 30, [2020] 2024.
   § 2. This act shall take effect immediately.
 
                                  ITEM Z
 
   Section 1. Section 4 of part U of chapter 55  of  the  laws  of  2014,
 amending  the  real  property  tax law relating to the tax abatement and
 exemption for rent regulated and rent controlled  property  occupied  by
 senior citizens, as amended by section 1 of part EE of chapter 54 of the
 laws of 2016, is amended to read as follows:
   § 4. This act shall take effect July 1, 2014, and sections one and two
 of  this  act  shall expire and be deemed repealed June 30, [2020] 2022;
 provided that the amendment to section 467-b of the  real  property  tax
 law  made  by section one of this act shall not affect the expiration of
 such section and shall be deemed to expire therewith.
   § 2. Section 4 of chapter 129 of the laws of 2014, amending  the  real
 property  tax  law  relating to the tax abatement and exemption for rent
 regulated and rent controlled property occupied by persons with disabil-
 ities, as amended by section 3 of part EE of chapter 54 of the  laws  of
 2016, is amended to read as follows:
   § 4. This act shall take effect July 1, 2014 provided, however, that:
   (a) the amendments to paragraph b of subdivision 3 of section 467-b of
 the  real  property  tax  law  made  by section one of this act shall be
 subject to the expiration and reversion of such subdivision pursuant  to
 section  17  of  chapter  576 of the laws of 1974, as amended, when upon

 S. 7508--B                         165                        A. 9508--B
 
 such date the provisions of section two of this act shall  take  effect;
 and
   (b)  nothing  contained in this act shall be construed so as to extend
 the provisions of this act beyond June 30, [2020] 2022, when  upon  such
 date  this  act  shall  expire  and the provisions contained in this act
 shall be deemed repealed.
   § 3. This act shall take effect immediately.

                                  ITEM AA
 
   Section 1. Section 2 of chapter 427 of the laws of 2017  amending  the
 state  technology  law  relating  to the creation of a state information
 technology innovation center, is amended to read as follows:
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law  and  shall  expire and be deemed repealed June 30,
 [2020] 2024.
   § 2. This act shall take effect immediately.
 
                                  ITEM BB
 
   Section 1. Section 2 of chapter 606 of the laws of 2006  amending  the
 volunteer  firefighters'  benefit law relating to creating a presumption
 relating to certain lung disabilities incurred by  volunteer  firefight-
 ers, as amended by chapter 25 of the laws of 2015, is amended to read as
 follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed June 30, [2020] 2025.
   § 2. This act shall take effect immediately.
 
                                  ITEM CC
 
   Section 1. Section 4 of chapter 668 of the laws of 1977, amending  the
 volunteer  firefighters'  benefit  law  relating  to  disability  due to
 disease or malfunction of the heart or coronary arteries, as amended  by
 chapter 26 of the laws of 2015, is amended to read as follows:
   §  4.  The  provisions of section two of this act shall remain in full
 force and effect to and including the  thirtieth  day  of  June,  [2020]
 2025.
   § 2. This act shall take effect immediately.
 
                                  ITEM DD
 
   Section  1. Section 3 of chapter 217 of the laws of 2015, amending the
 education law relating to certified  school  psychologists  and  special
 education services and programs for preschool children with handicapping
 conditions,  as amended by chapter 68 of the laws of 2018, is amended to
 read as follows:
   § 3. This act shall take effect immediately and  shall  be  deemed  to
 have  been in full force and effect on and after July 1, 2014, provided,
 however that the provisions of this  act  shall  expire  and  be  deemed
 repealed June 30, [2020] 2022.
   § 2. This act shall take effect immediately.
 
                                  ITEM EE

 S. 7508--B                         166                        A. 9508--B
 
   Section  1.  Chapter  192 of the laws of 2011, relating to authorizing
 certain health care professionals licensed to practice in  other  juris-
 dictions  to  practice  in  this state in connection with an event sanc-
 tioned by New York Road Runners, as amended by chapter 80 of the laws of
 2019, is amended to read as follows:
   Section  1.  Notwithstanding  any  inconsistent  provision of law, any
 person who is licensed to practice as a physician,  physician's  assist-
 ant, massage therapist, physical therapist, chiropractor, dentist, opto-
 metrist, nurse, nurse practitioner, certified athletic trainer or podia-
 trist  in  another  state  or territory, who is in good standing in such
 state or territory and who has been  appointed  by  the  New  York  Road
 Runners to provide professional services at an event in this state sanc-
 tioned  by  the  New  York  Road  Runners, may provide such professional
 services to athletes  and  team  personnel  registered  to  train  at  a
 location  in  this  state or registered to compete in an event conducted
 under the sanction of the New York Road Runners  in  the  state  without
 first being licensed pursuant to the provisions of title 8 of the educa-
 tion  law. Such services shall be provided only four days before through
 one day after each of the following events:
   a. the Staten Island half marathon scheduled to be  held  on  [October
 13, 2019] A DATE IN 2020;
   b.  the  New  York  city marathon scheduled to be held on [November 3,
 2019] A DATE IN 2020;
   c. the Brooklyn half marathon scheduled to be held on  [May  18,  2019
 and May 16, 2020 ] A DATE IN 2020 AND ON MAY 15, 2021;
   d.  the  Bronx  half  marathon  scheduled to be held on [September 29,
 2019] A DATE IN 2020;
   e. the Queens 10k scheduled to be held on [June 15, 2019]  A  DATE  IN
 2020; and
   f.  the New York city half marathon scheduled to be held on [March 17,
 2019 and March 15, 2020] A DATE IN 2020 AND ON MARCH 14, 2021.
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed June 30, [2020] 2021.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in effect on and after January  1,  2020;  provided  that  the
 amendments  to  section  1  of  chapter 192 of the laws of 2011, made by
 section one of this act, shall not affect the expiration of such section
 and shall be deemed repealed therewith.
 
                                  ITEM FF

   Section 1. Section 11 of chapter 378 of the laws of 2010 amending  the
 education  law relating to paperwork reduction, as amended by chapter 49
 of the laws of 2015, is amended to read as follows:
   § 11. This act shall take effect immediately; provided, however,  that
 the  commissioner of education shall promulgate any rules or regulations
 necessary to implement the provisions of this act on or before  July  1,
 2010;  provided,  further  that  if  section  ten of this act shall take
 effect after July 1, 2010 it shall be deemed to have been in full  force
 and  effect on and after July 1, 2010; and provided further that section
 ten of this act shall expire and be deemed repealed on June  30,  [2020]
 2025.
   § 2. This act shall take effect immediately.
 
                                  ITEM GG

 S. 7508--B                         167                        A. 9508--B
 
   Section 1. Section 54.40 of the local finance law, as amended by chap-
 ter 71 of the laws of 2019, is amended to read as follows:
   §  54.40  Bonds  and  notes  of  the  city  of Yonkers. Subject to the
 provisions of the New York state financial  emergency  act  of  nineteen
 hundred eighty-four for the city of Yonkers, to facilitate the marketing
 of  any  issue of serial bonds or notes of the city of Yonkers issued on
 or before June thirtieth, two thousand [twenty]  TWENTY-ONE,  such  city
 may,  notwithstanding any limitations on private sales of bonds provided
 by law, and subject to approval by the state comptroller  of  the  terms
 and  conditions  of  such  sale: (a) arrange for the underwriting of its
 bonds or notes at private sale  through  negotiated  agreement,  compen-
 sation for such underwriting to be provided by negotiated fee or by sale
 of such bonds or notes to an underwriter at a price of less than the sum
 of  par  value of, and the accrued interest on, such obligations; or (b)
 arrange for the private sale of its bonds or  notes  through  negotiated
 agreement, compensation for such sales to be provided by negotiated fee,
 if required. The cost of such underwriting or private placement shall be
 deemed a preliminary cost for purposes of section 11.00 of this article.
   § 2. This act shall take effect immediately.
 
                                  ITEM HH
 
   Section 1. Section 54.30 of the local finance law, as amended by chap-
 ter 77 of the laws of 2019, is amended to read as follows:
   §  54.30  Costs  of  sales;  bonds  and  notes of the city of Buffalo.
 Subject to the provisions of chapter one hundred twenty-two of the  laws
 of  two  thousand three creating the Buffalo fiscal stability authority,
 to facilitate the marketing of any issue of serial bonds or notes of the
 city of Buffalo issued on or before June thirtieth, two thousand  [twen-
 ty]  TWENTY-ONE,  such  city  may,  notwithstanding  any  limitations on
 private sales of bonds provided by law, and subject to approval  by  the
 state  comptroller of the terms and conditions of such sale: (a) arrange
 for the underwriting of its bonds or notes at private sale through nego-
 tiated agreement, compensation for such underwriting to be  provided  by
 negotiated  fee or by sale of such bonds or notes to an underwriter at a
 price of less than the sum of par value of, and the accrued interest on,
 such obligations; or (b) arrange for the private sale of  its  bonds  or
 notes  through  negotiated  agreement, compensation for such sales to be
 provided by negotiated fee, if required. The cost of  such  underwriting
 or  private placement shall be deemed a preliminary cost for purposes of
 section 11.00 of this article.
   § 2. This act shall take effect immediately.
 
                                  ITEM II
 
   Section 1. Subdivision 8 of section 9 of chapter 401 of  the  laws  of
 2002, amending the real property tax law and the  Nassau county adminis-
 trative  code  relating  to  assessment and review of assessments in the
 county of Nassau, as amended by chapter 84  of  the  laws  of  2018,  is
 amended to read as follows:
   8.  Notwithstanding  the foregoing provisions of this act, on June 30,
 [2020] 2022, the amendments of sections 6-2.1 and 6-13.0 of  the  Nassau
 county  administrative  code, made by sections two and four of this act,
 and section 6-24.1 of such code, as added by section seven of this  act,
 shall  be  deemed  repealed. On such date the addition of the words "the
 year following" to the first sentence of subdivision 8 of section  523-b

 S. 7508--B                         168                        A. 9508--B
 
 of  the  real  property  tax law, as amended by section one of this act,
 shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  ITEM JJ
 
   Section 1. Section 2342 of the insurance law, as amended by chapter 69
 of the laws of 2017, is amended to read as follows:
   § 2342. Expiration of certain provisions. The provisions of subsection
 (c)  of  section  two thousand three hundred seven, section two thousand
 three hundred eight,  subsection  (a)  of  section  two  thousand  three
 hundred  ten,  sections two thousand three hundred sixteen, two thousand
 three hundred twenty, two thousand three hundred twenty-three, two thou-
 sand three hundred twenty-six, and two thousand  three  hundred  thirty-
 five,  and  subsection (b) of section two thousand three hundred thirty-
 six of this article shall cease to be of any force or effect during  the
 period  August third, two thousand one through the day before the effec-
 tive date of the property/casualty insurance availability act, and after
 June thirtieth, two thousand [twenty] TWENTY-THREE.
   §  2. Subsection (f) of section 2305 of the insurance law, as  amended
 by chapter 69 of the laws of 2017, is amended to read as follows:
   (f)  Subsection  (a)  of  this  section shall be of no force or effect
 during the period August third, two thousand one through the day  before
 the  effective date of the property/casualty insurance availability act,
 and after June thirtieth, two thousand [twenty] TWENTY-THREE. During the
 period August third, two thousand one through the day before the  effec-
 tive date of the property/casualty insurance availability act, and again
 commencing  on July first, two thousand [twenty] TWENTY-THREE, all rates
 previously subject to subsection (a) of this section, other  than  rates
 that  are not required to be filed pursuant to subsection (b) of section
 two thousand three hundred  ten  of  this  article  or  that  have  been
 suspended  from  the filing requirement pursuant to section two thousand
 three  hundred  eleven  of  this  article,  shall  become   subject   to
 subsections  (b),  (c)  and (d) of this section. All other provisions of
 this article applicable to kinds of insurance  or  insurance  activities
 the  rates  for which are subject to prior approval under subsection (b)
 of this section shall apply to kinds of insurance the  rates  for  which
 were  previously  subject to subsection (a) of this section or the rates
 for which are not required to be filed pursuant  to  subsection  (b)  of
 section  two thousand three hundred ten of this article or the rates for
 which have been  suspended  from  the  filing  requirement  pursuant  to
 section two thousand three hundred eleven of this article.
   §  3.  Subsection (h) of section 2344 of the insurance law, as amended
 by chapter 69 of the laws of 2017, is amended to read as follows:
   (h) This section shall cease to be of any force or effect  during  the
 period  August third, two thousand one through the day before the effec-
 tive date of the property/casualty insurance availability act, and after
 June thirtieth, two thousand [twenty] TWENTY-THREE,  except  that  rates
 shall  reflect the likely reductive cost effects reasonably attributable
 to the statutory provisions specified in paragraph one of subsection (g)
 of this section.
   § 4. Paragraphs 1 and 2 and the opening paragraph of  paragraph  3  of
 subsection (m) of section 3425 of the insurance law, as amended by chap-
 ter 69 of the laws of 2017, are amended to read as follows:
   (1)  Paragraphs  eight  and nine of subsection (a), subsection (f) and
 subparagraphs (B) and (E) of paragraph one of  subsection  (j)  of  this

 S. 7508--B                         169                        A. 9508--B

 section  shall  not apply to any new covered policy of automobile insur-
 ance voluntarily written on or  after  August  first,  nineteen  hundred
 eighty-five and prior to January first, nineteen hundred eighty-six, and
 on  or  after August second, two thousand one and prior to the effective
 date of the property/casualty insurance  availability  act,  and  on  or
 after  June thirtieth, two thousand [twenty] TWENTY-THREE, but the legal
 rights granted to insurers or policyholders under such provisions  shall
 not be extinguished or impaired thereby.
   (2)  In  lieu  of  such provisions, paragraph seven of subsection (a),
 subparagraph (A) of paragraph one of subsection (j) of this section  and
 paragraph three of this subsection shall apply to such automobile insur-
 ance  policies  that are newly and voluntarily written to have an effec-
 tive date on or after August first,  nineteen  hundred  eighty-five  and
 prior  to  January  first,  nineteen hundred eighty-six, and on or after
 August second, two thousand one and prior to the effective date  of  the
 property/casualty insurance availability act, and on or after June thir-
 tieth, two thousand [twenty] TWENTY-THREE.
   On  and  after August first, nineteen hundred eighty-five and prior to
 January first, nineteen hundred  eighty-six,  and  on  or  after  August
 second,  two  thousand  one  and  prior  to  the  effective  date of the
 property/casualty insurance availability act, and on or after June thir-
 tieth, two thousand [twenty] TWENTY-THREE, no notice  of  nonrenewal  or
 conditional  renewal  of  such  covered  automobile  insurance  policies
 referred to in this subsection  shall  be  issued  to  become  effective
 during  the  required policy period unless it is based upon a ground for
 which the policy could have been cancelled or unless it  is  based  upon
 one or more of the following grounds that occurred during the thirty-six
 month  period  ending  on the last day of the fourth month preceding the
 month of the effective date of such notice of nonrenewal or  conditional
 renewal:
   §  5. Sections 2328 and 2329 of the insurance law, as amended by chap-
 ter 69 of the laws of 2017, are amended to read as follows:
   § 2328. Certain motor vehicle insurance rates; prior approval. For the
 periods February first, nineteen  hundred  seventy-four  through  August
 second,   two   thousand   one,   and   the   effective   date   of  the
 property/casualty insurance availability act through June thirtieth, two
 thousand [twenty] TWENTY-THREE,  no  changes  in  rates,  rating  plans,
 rating  rules  and  rate  manuals applicable to motor vehicle insurance,
 including no-fault coverages under article fifty-one  of  this  chapter,
 shall  be  made effective until approved by the superintendent, notwith-
 standing any inconsistent provisions of this article; provided, however,
 that changes in such rates, rating plans, rating rules and rate  manuals
 may  be  made  effective  without such approval if the rates that result
 from such changes are no higher than the insurer's rates  last  approved
 by  the superintendent. This section shall apply only to policies cover-
 ing losses or liabilities arising out of ownership of  a  motor  vehicle
 used principally for the transportation of persons for hire, including a
 bus  or  a  school  bus  as defined in sections one hundred four and one
 hundred forty-two of the vehicle and traffic law.
   § 2329. Motor vehicle insurance rates; excess profits.  In  accordance
 with  regulations prescribed by the superintendent, each insurer issuing
 policies that are subject to article fifty-one of this chapter,  includ-
 ing  policies  of  motor  vehicle personal injury liability insurance or
 policies of motor vehicle property damage liability insurance or  insur-
 ance  for  loss  or  damage  to a motor vehicle, shall establish a fair,
 practicable, and nondiscriminatory plan for refunding or otherwise cred-

 S. 7508--B                         170                        A. 9508--B
 
 iting to those purchasing such policies their  share  of  the  insurer's
 excess  profit,  if  any,  on such policies. An excess profit shall be a
 profit beyond a percentage rate of return on net worth  attributable  to
 such  policies,  computed  in accordance with the regulation required by
 section two thousand three hundred twenty-three  of  this  article,  and
 determined by the superintendent to be so far above a reasonable average
 profit  as  to amount to an excess profit, taking into consideration the
 fact that losses or profits below a reasonable average profit  will  not
 be  recouped  from  such  policyholders. Each plan shall apply to policy
 periods for the periods January  first,  nineteen  hundred  seventy-four
 through  August  second, two thousand one, and the effective date of the
 property/casualty insurance availability act through June thirtieth, two
 thousand [twenty] TWENTY-THREE.  In  prescribing  such  regulations  the
 superintendent  may limit the duration of such plans, waive any require-
 ment for refund or credit that he or she determines to be de minimis  or
 impracticable,  adopt  forms of returns that shall be made to him or her
 in order to establish the amount of any refund or credit due,  establish
 periods  and times for the determination and distribution of refunds and
 credits, and shall provide  that  insurers  receive  appropriate  credit
 against any refunds or credits required by any such plan for policyhold-
 er  dividends  and for return premiums that may be due under rate credit
 or retrospective rating plans based on experience.
   § 6. Subsection (g) of section 5412 of the insurance law,  as  amended
 by chapter 69 of the laws of 2017, is amended to read as follows:
   (g)  The  provisions of this section shall cease to be of any force or
 effect on or after June thirtieth, two thousand  [twenty]  TWENTY-THREE,
 except that policies issued or other obligations incurred by the associ-
 ation  shall  not  be impaired by the expiration of this section and the
 association shall continue for the purpose of  servicing  such  policies
 and performing such obligations.
   § 7. This act shall take effect immediately.
 
                                  ITEM KK
 
   Section  1.  Section 2 of chapter 548 of the laws of 2004 amending the
 education law relating to certain tuition  waivers  for  police  officer
 students of the city university of New York, as amended by chapter 67 of
 the laws of 2018, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed July 1, [2020] 2022.
   § 2. This act shall take effect immediately.
 
                                  ITEM LL
 
   Section 1. Section 2 of part U of chapter 56  of  the  laws  of  2018,
 amending  the  education law relating to requiring regulations to permit
 tuition waivers for certain firefighters and fire officers for CUNY,  is
 amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed July 1, [2020] 2022.
   § 2. This act shall take effect immediately.
 
                                  ITEM MM
 
   Section 1. Section 2 of chapter 274 of the laws of 2010  amending  the
 environmental  conservation  law relating to repair of damaged pesticide

 S. 7508--B                         171                        A. 9508--B
 
 containers, as amended by chapter 94 of the laws of 2018, is amended  to
 read as follows:
   §  2.  This act shall take effect immediately and shall expire July 1,
 [2020] 2022 when upon such date the provisions  of  this  act  shall  be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  ITEM NN
 
   Section  1.  Section 33-0705 of the environmental conservation law, as
 amended by section 1 of part SS of chapter 58 of the laws  of  2017,  is
 amended to read as follows:
 § 33-0705. Fee for registration.
   The applicant for registration shall pay a fee as follows:
   a.  On  or  before  July  1, [2020] 2023, six hundred dollars for each
 pesticide proposed to be registered, provided  that  the  applicant  has
 submitted  to  the  department proof in the form of a federal income tax
 return for the previous year showing gross  annual  sales,  for  federal
 income  tax  purposes, of three million five hundred thousand dollars or
 less;
   b. On or before July 1, [2020] 2023, for all others, six hundred twen-
 ty dollars for each pesticide proposed to be registered;
   c. After July  1,  [2020]  2023,  fifty  dollars  for  each  pesticide
 proposed to be registered.
   §  2.  Section 9 of chapter 67 of the laws of 1992, amending the envi-
 ronmental conservation law relating to  pesticide  product  registration
 timetables and fees, as amended by section 2 of part SS of chapter 58 of
 the laws of 2017, is amended to read as follows:
   §  9. This act shall take effect April 1, 1992 provided, however, that
 section three of this act shall take  effect  July  1,  1993  and  shall
 expire and be deemed repealed on July 1, [2020] 2023.
   §  3.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2020.
 
                                  ITEM OO
 
   Section 1. Section 2 of chapter 130 of the laws of 1998, amending  the
 general municipal law relating to temporary investments by local govern-
 ments,  as amended by chapter 65 of the laws of 2017, is amended to read
 as follows:
   § 2. This act shall take effect June 30, 1998 and shall expire and  be
 deemed  repealed on July 1, [2020] 2023, provided, however, that invest-
 ments purchased prior to the expiration of  this  act  pursuant  to  the
 provisions  of paragraph a of subdivision 3 of section 11 of the general
 municipal law, as designated and amended by section  one  of  this  act,
 shall  continue to be subject to the conditions contained in such subdi-
 vision to the same extent as they had been subject thereto prior to such
 expiration and repeal.
   § 2. This act shall take effect immediately; provided however, that if
 this act shall have become a law after July 1, 2020 it shall  be  deemed
 to have been in full force and effect on and after July 1, 2020.
 
                                  ITEM PP
 
   Section  1. Section 4 of chapter 779 of the laws of 1986, amending the
 social services law relating to authorizing services  for  non-residents

 S. 7508--B                         172                        A. 9508--B
 
 in  adult homes, residences for adults and enriched housing programs, as
 amended by chapter 49 of the  laws  of  2017,  is  amended  to  read  as
 follows:
   § 4. This act shall take effect on the one hundred twentieth day after
 it  shall  have  become  a law and shall remain in full force and effect
 until July 1, [2020] 2023, provided however, that effective immediately,
 the addition, amendment and/or repeal of any rules or regulations neces-
 sary for the implementation of the foregoing sections of this act on its
 effective date are authorized and directed to be made and  completed  on
 or before such effective date.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 1, 2020.
 
                                  ITEM QQ
 
   Section 1. The opening paragraph of paragraph (a) of section 54.10  of
 the  local finance law, as amended by chapter 75 of the laws of 2019, is
 amended to read as follows:
   To facilitate the marketing of any issue of bonds or notes of the city
 of New York issued on or before June thirtieth,  two  thousand  [twenty]
 TWENTY-ONE,  the  mayor and comptroller of such city may, subject to the
 approval of the state comptroller and the limitations on  private  sales
 of bonds and notes, respectively, provided by law:
   §  2.  The  closing  paragraph  of paragraph a of section 54.90 of the
 local finance law, as amended by chapter 75 of  the  laws  of  2019,  is
 amended to read as follows:
   Notwithstanding the foregoing, whenever in the judgment of the finance
 board  of the city of New York the interest of such city would be served
 thereby, the city of New York may without further approval  issue  bonds
 or notes, on or before July fifteenth, two thousand [twenty] TWENTY-ONE,
 with  interest rates that vary in accordance with a formula or procedure
 and are subject to a maximum rate of interest set forth or  referred  to
 in  the  bonds  or  notes  and may provide the holders thereof with such
 rights to require the city or other persons to purchase  such  bonds  or
 notes  or  renewals  thereof  from the proceeds of the resale thereof or
 otherwise from time to time prior to the final maturity of such bonds or
 notes as the finance board of the city of New York may determine and the
 city may resell, at any time prior to final maturity, any such bonds  or
 notes  acquired  as  a  result of the exercise of such rights; provided,
 however, that at no time shall the total principal amount of  bonds  and
 notes  issued  by the city of New York pursuant to this paragraph (other
 than bonds and notes (1) bearing interest at rates and  for  periods  of
 time that are specified without reference to future events or contingen-
 cies,  or  (2) described in section 136.00 of this article) exceed twen-
 ty-five percent of the limit prescribed by section 104.00 of this  arti-
 cle.
   §  3. The opening paragraph of subdivision 1 of paragraph d of section
 54.90 of the local finance law, as amended by chapter 75 of the laws  of
 2019, is amended to read as follows:
   On  or  before  July  fifteenth,  two thousand [twenty] TWENTY-ONE the
 mayor and comptroller of the city of New York may:
   § 4. The opening paragraph of paragraph a  of  section  57.00  of  the
 local  finance  law,  as  amended  by chapter 75 of the laws of 2019, is
 amended to read as follows:
   Bonds shall be sold only at public sale and  in  accordance  with  the
 procedure set forth in this section and sections 58.00 and 59.00 of this

 S. 7508--B                         173                        A. 9508--B

 title, except as otherwise provided in this paragraph. Bonds may be sold
 at private sale to the United States government or any agency or instru-
 mentality  thereof, the state of New York municipal bond bank agency, to
 any sinking fund or pension fund of the municipality, school district or
 district corporation selling such bonds, or, in the case of sales by the
 city  of New York prior to July first, two thousand [twenty] TWENTY-ONE,
 also to the municipal assistance corporation for the city of New York or
 to any other purchaser with the consent of the mayor and the comptroller
 of such city and approval of the state comptroller, or, in the  case  of
 sales  by the county of Nassau prior to December thirty-first, two thou-
 sand seven, also to the Nassau county interim finance authority with the
 approval of the state comptroller, or, in the case of sales by the  city
 of  Buffalo  prior to June thirtieth, two thousand thirty-seven, also to
 the Buffalo fiscal stability authority with the approval  of  the  state
 comptroller,  or, in the case of bonds or other obligations of a munici-
 pality issued for the construction of any sewage treatment works, sewage
 collecting system,  storm  water  collecting  system,  water  management
 facility, air pollution control facility or solid waste disposal facili-
 ty, also to the New York state environmental facilities corporation, or,
 in the case of bonds or other obligations of a school district or a city
 acting on behalf of a city school district in a city having a population
 in  excess of one hundred twenty-five thousand but less than one million
 inhabitants according to the latest federal census, issued to finance or
 refinance the cost of  school  district  capital  facilities  or  school
 district capital equipment, as defined in section sixteen hundred seven-
 ty-six of the public authorities law, also to the dormitory authority of
 the state of New York. Bonds of a river improvement or drainage district
 established  by  or  under the supervision of the department of environ-
 mental conservation may be sold at private sale to the state of New York
 as investments for any funds of the state which by law may be  invested,
 provided,  however,  that the rate of interest on any such bonds so sold
 shall be approved by the water power  and  control  commission  and  the
 state comptroller. Bonds may also be sold at private sale as provided in
 section  63.00  of  this title. No bonds shall be sold on option or on a
 deferred payment plan, except that options to purchase, effective for  a
 period not exceeding one year, may be given:
   §  5.  Subdivision  3  of  paragraph  g  of section 90.00 of the local
 finance law, as amended by chapter 75 of the laws of 2019, is amended to
 read as follows:
   3. Outstanding bonds may, pursuant to a power to recall and redeem  or
 with  the  consent  of  the  holders thereof, be exchanged for refunding
 bonds (i) if the refunding bonds are to bear interest at a rate equal to
 or lower than that borne by the bonds to be refunded or (ii) if, in  the
 case  of the city of New York prior to July first, two thousand [twenty]
 TWENTY-ONE, the annual payment required for principal  and  interest  on
 the  refunding bond is less than the annual payment required for princi-
 pal and interest on the bond to be refunded, in each  case  such  annual
 payments  to  be determined by dividing the total principal and interest
 payments due over the remaining life of the bond by the number of  years
 to maturity of the bond or (iii) if the bonds to be refunded were issued
 by  the city of New York after June thirtieth, nineteen hundred seventy-
 eight and prior to July first,  two  thousand  [twenty]  TWENTY-ONE  and
 contain  covenants  referring  to  the  existence  of the New York state
 financial control board for the city of New York or any other  covenants
 relating  to  matters  other  than  the  prompt payment of principal and

 S. 7508--B                         174                        A. 9508--B
 
 interest on the obligations when due and the  refunding  bond  omits  or
 modifies any such covenant.
   §  6. Subdivision 1 of section 10-a of section 2 of chapter 868 of the
 laws of 1975, constituting the New York state  financial  emergency  act
 for  the city of New York, as amended by chapter 75 of the laws of 2019,
 is amended to read as follows:
   1. In the event that after the date on which the  provisions  of  this
 act become operative, any notes or bonds are issued by the city prior to
 July  1, [2020] 2021, or any bonds are issued by a state financing agen-
 cy, the state of New York hereby authorizes the city and authorizes  and
 requires  such  state financing agency to include a pledge and agreement
 of the state of New York in any agreement made by the city or such state
 financing agency with holders or guarantors of such notes or bonds  that
 the  state  will not take any action which will (a) substantially impair
 the authority of the board during a control period, as defined in subdi-
 vision twelve of section two of this act as in effect on the  date  such
 notes  or  bonds  are  issued  (i) to approve, disapprove, or modify any
 financial plan or financial plan  modification,  including  the  revenue
 projections  (or  any  item  thereof)  contained therein, subject to the
 standards set forth in paragraphs a, c, d, e and f of subdivision one of
 section eight of this act as in effect on the date such notes  or  bonds
 are issued and paragraph b of such subdivision as in effect from time to
 time,  (ii)  to disapprove a contract of the city or a covered organiza-
 tion if the performance of such contract would be inconsistent with  the
 financial  plan or to approve or disapprove proposed short-term or long-
 term borrowing of the city or a covered organization or any agreement or
 other arrangement referred to in subdivision four of  section  seven  of
 this act, or (iii) to establish and adopt procedures with respect to the
 deposit  in  and  disbursement from the board fund of city revenues; (b)
 substantially impair the authority of  the  board  to  review  financial
 plans,  financial  plan  modifications,  contracts  of  the  city or the
 covered organizations and proposed short-term or long-term borrowings of
 the city and the covered organizations;  (c)  substantially  impair  the
 independent  maintenance  of  a  separate  fund  for the payment of debt
 service on bonds and notes of the city; (d) alter the composition of the
 board so that the majority of the voting members of the  board  are  not
 officials  of  the state of New York elected in a state-wide election or
 appointees of the governor; (e) terminate the  existence  of  the  board
 prior  to  the time to be determined in accordance with section thirteen
 of this act as in effect on the date such notes or bonds are issued; (f)
 substantially modify the requirement that the  city's  financial  state-
 ments be audited by a nationally recognized independent certified public
 accounting  firm  or consortium of firms and that a report on such audit
 be furnished to the board; or (g) alter  the  definition  of  a  control
 period set forth in subdivision twelve of section two of this act, as in
 effect  on  the  date  such  notes or bonds are issued, or substantially
 alter the authority of the board, as set forth in  said  subdivision  to
 reimpose  or  terminate  a  control  period; provided, however, that the
 foregoing pledge and agreement shall be of no further force  and  effect
 if  at any time (i) there is on deposit in a separate trust account with
 a bank, trust company or other fiduciary  sufficient  moneys  or  direct
 obligations of the United States or obligations guaranteed by the United
 States, the principal of and/or interest on which will provide moneys to
 pay  punctually when due at maturity or prior to maturity by redemption,
 in accordance with their terms, all principal of  and  interest  on  all
 outstanding  notes  and bonds of the city or such state financing agency

 S. 7508--B                         175                        A. 9508--B
 
 containing this pledge and agreement and irrevocable  instructions  from
 the  city  or such state financing agency to such bank, trust company or
 other fiduciary for such payment of such  principal  and  interest  with
 such moneys shall have been given, or (ii) such notes and bonds, togeth-
 er  with  interest  thereon,  have been paid in full at maturity or have
 otherwise been refunded, redeemed, defeased, or discharged; and provided
 further that the foregoing pledge and agreement shall be of  full  force
 and effect upon its inclusion in any agreement made by the city or state
 financing agency with holders or guarantors of such notes or bonds.
   Upon  payment  for such obligations issued pursuant to this act by the
 original and all subsequent holders inclusion of the foregoing  covenant
 shall  be  deemed conclusive evidence of valuable consideration received
 by the state and city for such covenant and of reliance upon such pledge
 and agreement by any such holder. The state hereby grants any such bene-
 fited holder the right to sue the state in a court of  competent  juris-
 diction and enforce this covenant and agreement and waives all rights of
 defense based on sovereign immunity in such an action or suit.
   §  7. Section 5 of chapter 142 of the laws of 2004, amending the local
 finance law relating to interest rate exchange agreements of the city of
 New York and refunding bonds of such city, as amended by chapter  75  of
 the laws of 2019, is amended to read as follows:
   §  5.  This  act shall take effect immediately, provided, that section
 three of this act shall expire and be deemed repealed  July  15,  [2020]
 2021.
   § 8. Separability. If any clause, sentence, paragraph, 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,  section  or part thereof directly involved in the
 controversy in which such judgment shall have been rendered.
   § 9. This act shall take effect immediately.

                                  ITEM RR
 
   Section 1. The opening paragraph of subdivision 2 of  section  228  of
 the racing, pari-mutuel wagering and breeding law, as amended by chapter
 122 of the laws of 2019, is amended to read as follows:
   The  New York state gaming commission shall, as a condition of racing,
 require any franchised corporation and every other  corporation  subject
 to  its  jurisdiction to withhold one percent of all purses, except that
 for the franchised corporation, starting on September first,  two  thou-
 sand  seven  and  continuing  through  August thirty-first, two thousand
 [twenty] TWENTY-ONE, two percent of all purses shall be  withheld,  and,
 in  the  case  of  the  franchised  corporation,  to pay such sum to the
 horsemen's organization or its successor  that  was  first  entitled  to
 receive  payments  pursuant  to this section in accordance with rules of
 the commission adopted effective November third, nineteen hundred eight-
 y-three representing at least fifty-one percent of the owners and train-
 ers utilizing the facilities of  such  franchised  corporation,  on  the
 condition  that  such horsemen's organization shall expend as much as is
 necessary, but not to exceed one-half of one percent of such total  sum,
 to acquire and maintain the equipment required to establish a program at
 a  state  college  within  this  state  with  an approved equine science
 program to test for the presence of steroids in horses, provided further
 that the qualified organization shall also, in an amount  to  be  deter-
 mined  by  its  board of directors, annually include in its expenditures

 S. 7508--B                         176                        A. 9508--B
 
 for benevolence programs, funds to  support  an  organization  providing
 services  necessary  to backstretch employees, and, in the case of every
 other corporation, to  pay  such  one  percent  sum  of  purses  to  the
 horsemen's  organization  or  its  successor  that was first entitled to
 receive payments pursuant to this section in accordance  with  rules  of
 the  commission  adopted  effective  May  twenty-third, nineteen hundred
 eighty-six representing at least fifty-one percent  of  the  owners  and
 trainers utilizing the facilities of such corporation.
   § 2. This act shall take effect immediately.
 
                                  ITEM SS
 
   Section  1. Section 11 of chapter 237 of the laws of 2015 amending the
 judiciary law, the civil practice law and rules and other laws  relating
 to  use of electronic means for the commencement and filing of papers in
 certain actions and proceedings, as amended by chapter 212 of  the  laws
 of 2019, is amended to read as follows:
   §  11.  This act shall take effect immediately; provided that sections
 four, five, six and seven of this act shall each expire  and  be  deemed
 repealed  September  1,  [2020] 2021; and provided that paragraph 2-a of
 subdivision (b) of section 2111 of the civil practice law and rules,  as
 added  by  section  two of this act, shall expire and be deemed repealed
 September 1, [2020] 2021.
   § 2. This act shall take effect immediately.
 
                                  ITEM TT
 
   Section 1. Section 2 of chapter 890 of the laws of 1982,  relating  to
 the  establishment  of certain water charges for hospitals and charities
 in New York city, as amended by chapter 155 of  the  laws  of  2018,  is
 amended to read as follows:
   §  2.  This act shall take effect immediately and shall remain in full
 force and effect only until September 1, [2020] 2022.
   § 2. This act shall take effect immediately.
 
                                  ITEM UU
 
   Section 1. Section 4 of chapter 573 of the laws of 2011, amending  the
 correction law relating to the boarding of out of state inmates at local
 correctional  facilities, as amended by chapter 148 of the laws of 2017,
 is amended to read as follows:
   § 4. This act shall take effect immediately and shall expire September
 1, [2020] 2023 when upon such date the provisions of this act  shall  be
 deemed repealed.
   § 2. This act shall take effect immediately.

                                  ITEM VV
 
   Section  1.  Section  8 of chapter 29 of the laws of 2011 amending the
 executive law and other laws relating to the adoption of the  interstate
 compact  for  juveniles  by the state of New York, as amended by chapter
 195 of the laws of 2015, is amended to read as follows:
   § 8. This act shall take effect on the thirtieth day  after  it  shall
 have  become  a  law and shall expire September 1, [2020] 2025 when upon
 such date the provisions of this act shall be deemed repealed; provided,
 however, that notwithstanding the provisions of article 5 of the general

 S. 7508--B                         177                        A. 9508--B
 
 construction law, on September 1, [2020] 2025 the provisions of  chapter
 155  of  the  laws  of 1955, as repealed by section one of this act, are
 hereby revived and shall continue in  full  force  and  effect  as  such
 provisions  existed  on  June 1, 2010; provided, further, nothing herein
 shall disrupt services, supervision or return of juveniles,  delinquents
 and  status  offenders  agreed  to  under  the  repealed 1955 interstate
 compact on juveniles prior to such effective date, or preclude the state
 of New York from entering into appropriate agreements  with  non-compact
 member  states for the proper supervision or return of juveniles, delin-
 quents and status offenders who are on probation or parole and who  have
 absconded,  escaped  or  run away from supervision and control and in so
 doing have endangered their own safety and the safety of others.
   § 2. This act shall take effect immediately.
 
                                  ITEM WW

   Section 1. Section 2 of chapter 363 of the laws of 2010, amending  the
 judiciary law relating to granting the chief administrator of the courts
 the  authority to allow referees to determine applications for orders of
 protection during the hours family court is in session,  as  amended  by
 chapter 161 of the laws of 2018, is amended to read as follows:
   §  2.  This act shall take effect immediately; provided that paragraph
 (n) of subdivision 2 of section 212 of the judiciary law,  as  added  by
 section  one  of this act, shall expire and be deemed repealed September
 1, [2020] 2021.
   § 2. This act shall take effect immediately.
 
                                  ITEM XX
 
   Section 1. Subdivision 5 of section 139 of  the  economic  development
 law,  as  amended by chapter 372 of the laws of 2019, is amended to read
 as follows:
   5. Reporting. The advisory panel shall issue a report  no  later  than
 June  thirtieth, two thousand [twenty] TWENTY-ONE outlining the findings
 and recommendations of the panel. The report shall be delivered  to  the
 governor,  the  speaker  of the assembly, the temporary president of the
 senate, the minority leader of the assembly, the minority leader of  the
 senate, the chair of the assembly committee on ways and means, the chair
 of  the senate committee on finance, the chair of the assembly committee
 on economic development, the chair of the assembly  committee  on  small
 business, the chair of the senate committee on commerce, economic devel-
 opment,  and  small  business,  the  chair  of the assembly committee on
 labor, and the chair of the senate committee on labor.
   § 2. Section 2 of chapter 435 of the laws of 2017 amending the econom-
 ic development law,  relating  to  establishing  an  advisory  panel  on
 employee-owned   enterprises  within  the  division  of  small  business
 services, as amended by chapter 372 of the laws of 2019, is  amended  to
 read as follows:
   §  2.  This act shall take effect immediately and shall expire October
 1, [2020] 2021 when upon such date the provisions of this act  shall  be
 deemed repealed.
   §  3. This act shall take effect immediately; provided that the amend-
 ments to subdivision 5 of section 139 of the  economic  development  law
 made  by  section  one  of  this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.

 S. 7508--B                         178                        A. 9508--B
 
                                  ITEM YY

   Section  1. Section 4 of chapter 522 of the laws of 2000, amending the
 state finance law and the general business law relating to  establishing
 the  underground facilities safety training account, as amended by chap-
 ter 126 of the laws of 2015, is amended to read as follows:
   § 4. This act shall take effect thirty days after it shall have become
 a law and shall expire and be deemed repealed October 1, [2020] 2025.
   § 2. This act shall take effect immediately.
 
                                  ITEM ZZ
 
   Section 1. Subdivision (c) of section 3 of chapter 141 of the laws  of
 2014 amending the environmental conservation law relating to authorizing
 the  hunting of big game in the county of Albany with rifles, as amended
 by chapter 160 of the laws of 2018, is amended to read as follows:
   (c) nothing contained in this act shall be construed so as  to  extend
 the provisions of this act beyond October 1, [2020] 2022, when upon such
 date  this act shall expire and the provisions contained herein shall be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                 ITEM AAA
 
   Section 1. Section 5 of chapter 396 of the laws of 2010  amending  the
 alcoholic  beverage  control  law  relating  to liquidator's permits and
 temporary retail permits, as amended by chapter 190 of the laws of 2019,
 is amended to read as follows:
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law,  provided  that  paragraph (b) of subdivision 1 of
 section 97-a of the alcoholic beverage control law as added  by  section
 two  of  this act shall expire and be deemed repealed October 12, [2020]
 2021.
   § 2. This act shall take effect immediately.
 
                                 ITEM BBB
 
   Section 1. Section 2 of chapter 473 of the laws of 2010  amending  the
 racing,  pari-mutuel  wagering and breeding law relating to the New York
 state thoroughbred breeding and development fund, as amended by  chapter
 343 of the laws of 2019, is amended to read as follows:
   §  2.  This  act shall take effect immediately, provided, however that
 this act shall expire and be deemed repealed [nine] TEN years after  the
 commencement  of  the  operation of a video lottery facility at Aqueduct
 racetrack; provided that the chair of the New  York  state  thoroughbred
 breeding and development fund shall notify the legislative bill drafting
 commission upon the occurrence of the commencement of the operation of a
 video  lottery  facility at Aqueduct racetrack in order that the commis-
 sion 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; provided further, that effec-
 tive immediately the addition, amendment and/or repeal of any  rules  or
 regulations  necessary  for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such date.

 S. 7508--B                         179                        A. 9508--B
 
   § 2. This act shall take effect immediately.
 
                                 ITEM CCC

   Section  1. Section 3 of chapter 451 of the laws of 2012, amending the
 labor law relating to permitted deductions from  wages,  as  amended  by
 chapter 368 of the laws of 2018, is amended to read as follows:
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall expire and be deemed repealed [8]  10  years
 after such effective date.
   § 2. This act shall take effect immediately.
 
                                 ITEM DDD
 
   Section 1. The opening paragraph of section 3 and section 4 of chapter
 456  of  the  laws of 2018 relating to establishing the digital currency
 task force, is amended to read as follows:
   On or before December 15, [2020] 2021, the task force shall submit  to
 the  governor,  the temporary president of the senate and the speaker of
 the assembly a report containing, but  not  limited  to,  the  following
 information based on available data:
   §  4. This act shall take effect immediately and shall expire December
 15, [2020] 2021 when upon such date the provisions of this act shall  be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                 ITEM EEE
 
   Section  1. Section 2 of chapter 548 of the laws of 2010, amending the
 New York city charter relating to authorizing the city of  New  York  to
 sell  to  abutting  property  owners  real  property owned by such city,
 consisting of tax lots that cannot be independently developed due to the
 size, shape, configuration and topography of such lots  and  the  zoning
 regulations applicable thereto, as amended by chapter 505 of the laws of
 2015, is amended to read as follows:
   §  2. This act shall take effect immediately and shall expire December
 31, [2020] 2025, when upon such date the provisions of this act shall be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                 ITEM FFF
 
   Section 1. Section 2 of chapter 402 of the laws of 1994, amending  the
 state  administrative  procedure act relating to requiring certain agen-
 cies to submit regulatory agendas for publication in the state register,
 as amended by chapter 418 of the laws of 2016, is  amended  to  read  as
 follows:
   §  2.  This  act  shall  take effect on the first day of November next
 succeeding the date on which it shall have become a law and shall expire
 and be deemed repealed on December 31, [2020] 2024, and upon  such  date
 the  provisions  of  subdivisions  1 and 2 of section 202-d of the state
 administrative procedure act as amended by section one of this act shall
 revert to and be read as set out in law on the date immediately  preced-
 ing such effective date.
   § 2. This act shall take effect immediately.

 S. 7508--B                         180                        A. 9508--B
 
                                 ITEM GGG
 
   Section  1. Section 2 of chapter 378 of the laws of 2014, amending the
 environmental conservation law relating to  the  taking  of  sharks,  as
 amended  by  chapter  427  of  the  laws  of 2018, is amended to read as
 follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, [2020] 2022.
   § 2. This act shall take effect immediately.

                                 ITEM HHH
 
   Section  1.  Section 3 of chapter 306 of the laws of 2011, authorizing
 owners of residential real property in high risk brush fire areas in the
 borough of Staten Island to cut and remove reeds from their property, as
 amended by chapter 393 of the laws  of  2019,  is  amended  to  read  as
 follows:
   §  3.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 31, [2020] 2021.
   § 2. This act shall take effect immediately.
 
                                 ITEM III
 
   Section 1. Section 6 of chapter 110 of the laws of 2019,  relating  to
 creating  a  temporary  state commission to study and investigate how to
 regulate artificial intelligence, robotics and automation, is amended to
 read as follows:
   § 6. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 31, [2020] 2021.
   § 2. This act shall take effect immediately.
 
                                 ITEM JJJ
 
   Section  1.  Subdivision  1 of section 1803-a of the real property tax
 law is amended by adding a new paragraph (ii) to read as follows:
   (II) NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF THIS  SUBDIVI-
 SION  TO  THE  CONTRARY, IN A SPECIAL ASSESSING UNIT WHICH IS A CITY AND
 FOR CURRENT BASE PROPORTIONS TO BE DETERMINED IN SUCH SPECIAL  ASSESSING
 UNIT'S  FISCAL YEAR TWO THOUSAND TWENTY-ONE, THE PERCENT INCREASE OF THE
 CURRENT BASE PROPORTION OF ANY CLASS OVER THE ADJUSTED  BASE  PROPORTION
 OR  ADJUSTED  PROPORTIONS,  WHICHEVER IS APPROPRIATE, OF THE IMMEDIATELY
 PRECEDING YEAR SHALL BE DETERMINED BY THE LOCAL LEGISLATIVE BODY OF SUCH
 SPECIAL ASSESSING UNIT, PROVIDED THAT SUCH PERCENT INCREASE SHALL BE  NO
 MORE THAN FIVE PERCENT, AND PROVIDED FURTHER, THAT THE LOCAL LEGISLATIVE
 BODY  SHALL MAKE SUCH DETERMINATION BY OCTOBER FIRST, TWO THOUSAND TWEN-
 TY.
   § 2. In the event the special assessing unit which is a city has  sent
 out  real  property  tax  bills for its fiscal year 2021 before this act
 shall have become a law, the city shall take such actions as are  neces-
 sary,  consistent  with  applicable  state  and local law, to effect the
 provisions of section one of this act, including, but  not  limited  to,
 revising  the  current  base  proportions and adjusted base proportions,
 resetting the real property tax rates and sending amended real  property
 tax  bills.  Provided, however, that nothing in this act shall be deemed
 to affect the obligation of any taxpayer with respect to the payment  of
 any  installment of real property tax for such fiscal year which was due

 S. 7508--B                         181                        A. 9508--B
 
 and payable prior to the date such amended real property tax  bills  are
 sent;  for this purpose, such obligations shall be determined in accord-
 ance with the applicable provisions of law that  were  in  effect  imme-
 diately  prior to the effective date of this act, and such city shall be
 authorized to determine the date on which amended bills are to  be  sent
 and  the  installments  of  real  property tax which are to be reflected
 therein.
   § 3. This act shall take effect immediately.
 
                                 ITEM KKK
 
   Section 1. Subparagraph (xix) of paragraph (a)  of  subdivision  3  of
 section  1903 of the real property tax law, as amended by chapter 121 of
 the laws of 2019, is amended to read as follows:
   (xix) Notwithstanding any other  provision  of  law,  in  an  approved
 assessing  unit  in  the  town of Orangetown, county of Rockland and for
 current base proportions  to  be  determined  by  taxes  based  on  such
 approved  assessing  unit's two thousand eighteen--two thousand nineteen
 [and], two thousand nineteen--two thousand twenty AND TWO THOUSAND TWEN-
 TY--TWO THOUSAND TWENTY-ONE assessment rolls, the current  base  propor-
 tion  of  any  class  shall  not  exceed the adjusted base proportion or
 adjusted  proportion,  whichever  is  appropriate,  of  the  immediately
 preceding  year,  by  more than one percent, provided that such approved
 assessing unit has passed a local law, ordinance or resolution providing
 therefor. Where the computation of current base proportions would other-
 wise produce such result, the current base proportion of such  class  or
 classes  shall  be limited to such one percent increase and the legisla-
 tive body of such approved assessing unit shall alter the  current  base
 proportion  of  either  class  so  that  the  sum  of  the  current base
 proportions equals one.
   § 2. This act shall take effect immediately.
 
                                 ITEM LLL
 
   Section 1. Subparagraph (xx) of paragraph  (a)  of  subdivision  3  of
 section  1903 of the real property tax law, as amended by chapter 119 of
 the laws of 2019, is amended to read as follows:
   (xx) Notwithstanding any  other  provision  of  law,  in  an  approved
 assessing  unit  in  the  town of Clarkstown, county of Rockland and for
 current base proportions  to  be  determined  by  taxes  based  on  such
 approved assessing unit's two thousand seventeen--two thousand eighteen,
 two  thousand  eighteen--two  thousand  nineteen [assessment], [and] two
 thousand nineteen--two thousand  twenty  AND  TWO  THOUSAND  TWENTY--TWO
 THOUSAND TWENTY-ONE ASSESSMENT rolls, the current base proportion of any
 class  shall not exceed the adjusted base proportion or adjusted propor-
 tion, whichever is appropriate, of the immediately  preceding  year,  by
 more  than  one  percent, provided that such approved assessing unit has
 passed a local law, ordinance or resolution  providing  therefor.  Where
 the computation of current base proportions would otherwise produce such
 result,  the  current  base proportion of such class or classes shall be
 limited to such one percent increase and the legislative  body  of  such
 approved  assessing  unit  shall  alter  the  current base proportion of
 either class so that the sum of the current base proportions equals one.
   § 2. This act shall take effect immediately.
 
                                 ITEM MMM

 S. 7508--B                         182                        A. 9508--B
 
   Section 1. Subdivision 1 of section 1803-a of the  real  property  tax
 law is amended by adding a new paragraph (hh) to read as follows:
   (HH)  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH (C) OF THIS SUBDIVI-
 SION TO THE CONTRARY, IN A SPECIAL ASSESSING UNIT THAT IS NOT A CITY AND
 FOR CURRENT BASE PROPORTIONS TO BE DETERMINED BY  TAXES  BASED  ON  SUCH
 SPECIAL  ASSESSING  UNIT'S  TWO  THOUSAND  TWENTY  ASSESSMENT  ROLL, THE
 CURRENT BASE PROPORTION OF ANY CLASS SHALL NOT EXCEED THE ADJUSTED  BASE
 PROPORTION  OR  ADJUSTED  PROPORTION,  WHICHEVER  IS APPROPRIATE, OF THE
 IMMEDIATELY PRECEDING YEAR BY MORE THAN ONE PERCENT. WHERE THE  COMPUTA-
 TION  PERFORMED  PURSUANT  TO  PARAGRAPH  (B)  OF THIS SUBDIVISION WOULD
 OTHERWISE PRODUCE SUCH RESULT, THE CURRENT BASE PROPORTION OF SUCH CLASS
 OR CLASSES SHALL BE LIMITED TO SUCH ONE PERCENT INCREASE AND THE  LEGIS-
 LATIVE  BODY OF SUCH SPECIAL ASSESSING UNIT SHALL ALTER THE CURRENT BASE
 PROPORTION OF ANY OR ALL REMAINING  CLASSES  SO  THAT  THE  SUM  OF  THE
 CURRENT BASE PROPORTIONS EQUALS ONE.
   §  2.  Subparagraph  (iv) of paragraph (a) of subdivision 3 of section
 1903 of the real property tax law, as amended by chapter 12 of the  laws
 of 2019, is amended to read as follows:
   (iv)  Notwithstanding  any  other  provision  of  law,  in an approved
 assessing unit in the county of Suffolk and for current base proportions
 to be determined by taxes based on such approved  assessing  unit's  two
 thousand  three  -  two  thousand four, two thousand four - two thousand
 five and two thousand five - two  thousand  six  assessment  rolls,  the
 current  base proportion of any class shall not exceed the adjusted base
 proportion or adjusted proportion,  whichever  is  appropriate,  of  the
 immediately  preceding  year by more than two percent, or in the case of
 the two thousand five--two thousand six, two thousand six--two  thousand
 seven,  two  thousand seven--two thousand eight, two thousand eight--two
 thousand nine, two thousand twelve--two thousand thirteen, two  thousand
 thirteen--two  thousand  fourteen,  two  thousand fourteen--two thousand
 fifteen,  two  thousand  fifteen--two  thousand  sixteen,  two  thousand
 sixteen--two  thousand  seventeen,  two thousand seventeen--two thousand
 eighteen, two thousand eighteen--two thousand nineteen, [and] two  thou-
 sand  nineteen--two  thousand twenty, AND TWO THOUSAND TWENTY--TWO THOU-
 SAND TWENTY-ONE assessment rolls, one percent. Where the computation  of
 current  base  proportions  would  otherwise  produce  such  result, the
 current base proportion of such class or classes  shall  be  limited  to
 such  two  percent  or one percent increase whichever is applicable, and
 the legislative body of such approved assessing  unit  shall  alter  the
 current  base  proportion of either class so that the sum of the current
 base proportions equals one.
   § 3. Paragraph (a) of subdivision 3 of section 1903 of the real  prop-
 erty  tax  law is amended by adding a new subparagraph (xxii) to read as
 follows:
   (XXII) NOTWITHSTANDING ANY OTHER PROVISION  OF  LAW,  IN  AN  APPROVED
 ASSESSING  UNIT IN THE COUNTY OF NASSAU AND FOR CURRENT BASE PROPORTIONS
 TO BE DETERMINED BY TAXES BASED ON SUCH APPROVED  ASSESSING  UNIT'S  TWO
 THOUSAND  TWENTY  ASSESSMENT  ROLL,  THE  CURRENT BASE PROPORTION OF ANY
 CLASS SHALL NOT EXCEED THE ADJUSTED BASE PROPORTION OR ADJUSTED  PROPOR-
 TION,  WHICHEVER  IS  APPROPRIATE, OF THE IMMEDIATELY PRECEDING YEAR, BY
 MORE THAN ONE PERCENT, PROVIDED THAT SUCH APPROVED  ASSESSING  UNIT  HAS
 PASSED  A  LOCAL  LAW, ORDINANCE OR RESOLUTION PROVIDING THEREFOR. WHERE
 THE COMPUTATION OF CURRENT BASE PROPORTIONS WOULD OTHERWISE PRODUCE SUCH
 RESULT, THE CURRENT BASE PROPORTION OF SUCH CLASS OR  CLASSES  SHALL  BE
 LIMITED  TO  SUCH  ONE PERCENT INCREASE AND THE LEGISLATIVE BODY OF SUCH

 S. 7508--B                         183                        A. 9508--B
 
 APPROVED ASSESSING UNIT SHALL  ALTER  THE  CURRENT  BASE  PROPORTION  OF
 EITHER CLASS SO THAT THE SUM OF THE CURRENT BASE PROPORTIONS EQUALS ONE.
   §  4.  This act shall take effect immediately; provided, however, that
 section one of this act shall apply to the levy of taxes  based  on  the
 2020  assessment roll in a special assessing unit that is not a city and
 that section three of this act shall apply to the levy of taxes based on
 the 2020 assessment roll in approved assessing units in  the  county  of
 Nassau  that  pass  a  local law, ordinance or resolution to adopt these
 provisions.
 
                                 ITEM NNN
 
   Section 1. Subdivision c of section 208-f  of  the  general  municipal
 law,  as  amended by chapter 382 of the laws of 2019, is amended to read
 as follows:
   c. Commencing July first, two thousand [nineteen] TWENTY  the  special
 accidental  death  benefit  paid  to  a widow or widower or the deceased
 member's children under the age of eighteen or, if a student, under  the
 age  of  twenty-three,  if the widow or widower has died, shall be esca-
 lated by adding thereto an additional percentage of the  salary  of  the
 deceased member (as increased pursuant to subdivision b of this section)
 in accordance with the following schedule:
      calendar year of death
      of the deceased member              per centum
           1977 or prior                  [246.1%] 256.5%
           1978                           [236%] 246.1%
           1979                           [226.2%] 236%
           1980                           [216.7%] 226.2%
           1981                           [207.5%] 216.7%
           1982                           [198.5%] 207.5%
           1983                           [189.8%] 198.5%
           1984                           [181.4%] 189.8%
           1985                           [173.2%] 181.4%
           1986                           [165.2%] 173.2%
           1987                           [157.5%] 165.2%
           1988                           [150.0%] 157.5%
           1989                           [142.7%] 150.0%
           1990                           [135.7%] 142.7%
           1991                           [128.8%] 135.7%
           1992                           [122.1%] 128.8%
           1993                           [115.7%] 122.1%
           1994                           [109.4%] 115.7%
           1995                           [103.3%] 109.4%
           1996                            [97.4%] 103.3%
           1997                            [91.6%] 97.4%
           1998                            [86.0%] 91.6%
           1999                            [80.6%] 86.0%
           2000                            [75.4%] 80.6%
           2001                            [70.2%] 75.4%
           2002                            [65.3%] 70.2%
           2003                            [60.5%] 65.3%
           2004                            [55.8%] 60.5%
           2005                            [51.3%] 55.8%
           2006                            [46.9%] 51.3%
           2007                            [42.6%] 46.9%
           2008                            [38.4%] 42.6%

 S. 7508--B                         184                        A. 9508--B
 
           2009                            [34.4%] 38.4%
           2010                            [30.5%] 34.4%
           2011                            [26.7%] 30.5%
           2012                            [23.0%] 26.7%
           2013                            [19.4%] 23.0%
           2014                            [15.9%] 19.4%
           2015                            [12.6%] 15.9%
           2016                             [9.3%] 12.6%
           2017                             [6.1%] 9.3%
           2018                             [3.0%] 6.1%
           2019                             [0.0%] 3.0%
           2020                             0.0%
   § 2. Subdivision c of section 361-a of the retirement and social secu-
 rity  law,  as amended by chapter 382 of the laws of 2019, is amended to
 read as follows:
   c. Commencing July first, two thousand [nineteen] TWENTY  the  special
 accidental  death  benefit  paid  to  a widow or widower or the deceased
 member's children under the age of eighteen or, if a student, under  the
 age  of  twenty-three,  if the widow or widower has died, shall be esca-
 lated by adding thereto an additional percentage of the  salary  of  the
 deceased member, as increased pursuant to subdivision b of this section,
 in accordance with the following schedule:
      calendar year of death
      of the deceased member              per centum
           1977 or prior                    [246.1%] 256.5%
           1978                             [236%] 246.1%
           1979                             [226.2%] 236%
           1980                             [216.7%] 226.2%
           1981                             [207.5%] 216.7%
           1982                             [198.5%] 207.5%
           1983                             [189.8%] 198.5%
           1984                             [181.4%] 189.8%
           1985                             [173.2%] 181.4%
           1986                             [165.2%] 173.2%
           1987                             [157.5%] 165.2%
           1988                             [150.0%] 157.5%
           1989                             [142.7%] 150.0%
           1990                             [135.7%] 142.7%
           1991                             [128.8%] 135.7%
           1992                             [122.1%] 128.8%
           1993                             [115.7%] 122.1%
           1994                             [109.4%] 115.7%
           1995                             [103.3%] 109.4%
           1996                              [97.4%] 103.3%
           1997                              [91.6%] 97.4%
           1998                              [86.0%] 91.6%
           1999                              [80.6%] 86.0%
           2000                              [75.4%] 80.6%
           2001                              [70.2%] 75.4%
           2002                              [65.3%] 70.2%
           2003                              [60.5%] 65.3%
           2004                              [55.8%] 60.5%
           2005                              [51.3%] 55.8%
           2006                              [46.9%] 51.3%
           2007                              [42.6%] 46.9%
           2008                              [38.4%] 42.6%

 S. 7508--B                         185                        A. 9508--B
 
           2009                              [34.4%] 38.4%
           2010                              [30.5%] 34.4%
           2011                              [26.7%] 30.5%
           2012                              [23.0%] 26.7%
           2013                              [19.4%] 23.0%
           2014                              [15.9%] 19.4%
           2015                              [12.6%] 15.9%
           2016                               [9.3%] 12.6%
           2017                               [6.1%] 9.3%
           2018                               [3.0%] 6.1%
           2019                               [0.0%] 3.0%
           2020                               0.0%
   § 3. This act shall take effect July 1, 2020.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   This  bill  would amend both the General Municipal Law and the Retire-
 ment and Social Security Law to increase the salary used in the computa-
 tion of the special accidental death benefit by 3%  in cases  where  the
 date of death was before 2020.
   Insofar  as  this  bill would amend the Retirement and Social Security
 Law, it is estimated that there would be an additional  annual  cost  of
 approximately  $606,000  above  the  approximately $13.6 million current
 annual cost of this benefit. This cost would be shared by the  State  of
 New York and all participating employers of the New York State and Local
 Police and Fire Retirement System.
   Summary of relevant resources:
   The  membership  data  used  in  measuring  the impact of the proposed
 change was the same as that used in the March 31, 2019  actuarial  valu-
 ation.    Distributions  and  other  statistics can be found in the 2019
 Report of the  Actuary  and  the  2019  Comprehensive  Annual  Financial
 Report.
   The  actuarial assumptions and methods used are described in the 2015,
 2016, 2017, 2018, and 2019 Annual Report to the Comptroller on Actuarial
 Assumptions, and the Codes, Rules and Regulations of the  State  of  New
 York: Adult and Control.
   The Market Assets and GASB Disclosures are found in the March 31, 2019
 New  York  State  and  Local  Retirement System Financial Statements and
 Supplementary Information.
   I am a member of the American Academy of Actuaries and meet the Quali-
 fication Standards to render the actuarial opinion contained herein.
   This fiscal note does not constitute a legal opinion on the  viability
 of  the  proposed change nor is it intended to serve as a substitute for
 the professional judgment of an attorney.
   This estimate, dated February 24, 2020,  and  intended  for  use  only
 during  the  2020  Legislative  Session,  is  Fiscal  Note  No. 2020-57,
 prepared by the Actuary for the New  York  State  and  Local  Retirement
 System.
   FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
   SUMMARY OF BILL: This proposed legislation would amend General Munici-
 pal  Law  (GML)  Section 208-f(c) to increase certain Special Accidental
 Death Benefits (SADB) for surviving  spouses,  dependent  children,  and
 certain  other  individuals (Eligible Beneficiaries) of former uniformed
 employees of the City of New York and  the  New  York  City  Health  and
 Hospitals  Corporation,  and for certain former employees of the Tribor-
 ough Bridge and Tunnel Authority, who were members of certain  New  York
 City  Pension  Funds or Retirement Systems (NYCRS) and died as a natural

 S. 7508--B                         186                        A. 9508--B
 
 and proximate result of an accident  sustained  in  the  performance  of
 duty.
   Effective Date: July 1, 2020.
   BACKGROUND: Under the GML, the basic SADB is defined as:
   The  salary  of  the  deceased member at date of death (or, in certain
 instances, a greater salary based on a  higher  rank  or  other  status)
 (Final Salary), less the following payments to an Eligible Beneficiary:
    * Any NYCRS death benefit as adjusted by any Supplementation or Cost-
    of-Living Adjustment (COLA),
    * Any Social Security death benefit, and
    * Any Workers' Compensation benefit.
   The  SADB is paid to the deceased member's surviving spouse, if alive.
 If the spouse is no longer alive, the  SADB  is  paid  to  the  deceased
 member's  children  until  age  eighteen  or until age twenty-three if a
 student. If neither a spouse nor a dependent child is  alive,  the  SADB
 may  be  paid  to  certain other individuals, if eligible, in accordance
 with certain laws related to the World Trade Center attack.
   The GML also provides that the SADB is subject to escalation based  on
 the  calendar  year in which the former member died. The SADB has tradi-
 tionally been increased by a cumulative, incremental percentage of Final
 Salary based on the calendar year of the member's death.
   IMPACT ON BENEFITS: With respect to the  NYCRS,  the  proposed  legis-
 lation  would impact the SADB payable to certain survivors of members of
 the:
    * New York City Employees' Retirement System (NYCERS),
    * New York City Police Pension Fund (POLICE), or
    * New York City Fire Pension Fund (FIRE),
    and who were employed by one of the following  employers  in  certain
    positions:
    * New York City Police Department - Uniformed Position,
    * New York City Fire Department - Uniformed Position,
    * New York City Department of Sanitation - Uniformed Position,
    * New York City Housing Authority - Uniformed Position,
    * New York City Transit Authority - Uniformed Position,
    * New York City Department of Correction - Uniformed Position,
    *  New York City - Uniformed Position as Emergency Medical Technician
    (EMT),
    * New York City Health and Hospitals Corporation - Uniformed Position
    as EMT, or
   * Triborough Bridge and Tunnel Authority - Bridge and Tunnel Position.
   Under the proposed legislation, effective July 1, 2020, an  additional
 3.0%  of  Final  Salary  would be applied to the SADB paid due to deaths
 occurring in each calendar year on and after 1977. The SADB  for  deaths
 occurring  prior  to  1977  would  receive the same escalation as deaths
 occurring in 1977.
   FINANCIAL IMPACT - PRESENT VALUES: Based on the Eligible Beneficiaries
 of deceased NYCRS members who would be impacted by this proposed  legis-
 lation  and  the actuarial assumptions and methods described herein, the
 enactment of this proposed legislation would increase the Present  Value
 of Future Benefits (PVFB) by approximately $52.0 million.
   FINANCIAL  IMPACT  - ANNUAL EMPLOYER CONTRIBUTIONS: As a result of the
 past four decades' practice of providing 3.0% COLAs  on  the  SADB  each
 year,  and  the likelihood that COLAs will continue to be granted in the
 future, the Actuary assumes that  the  SADB  benefit  will  continue  to
 increase  3.0%  per  year  in  the  future in determining NYCRS employer
 contributions. Therefore, the costs of this  proposed  legislation  have

 S. 7508--B                         187                        A. 9508--B
 
 already  been accounted for and will not result in a further increase in
 employer contributions. There will, however, be a decrease  in  employer
 contributions if the proposed legislation is not enacted.
   In accordance with Section 13-638.2(k-2) of the Administrative Code of
 the  City of New York (ACCNY), new Unfunded Accrued Liability to benefit
 changes are to be amortized as determined by the Actuary, but are gener-
 ally amortized over the remaining working lifetime of those impacted  by
 the  benefit  changes.  However, since changes in the SADB COLA paid are
 not known in advance, the decrease in expected pension payments  due  to
 this  legislation  not  passing  would  be treated as an actuarial gain.
 These actuarial gains would be  amortized  over  a  15-year  period  (14
 payments  under  the One-Year Lag Methodology (OYLM)) using level dollar
 payments.  This would result in a  decrease  in  NYCRS  annual  employer
 contributions of approximately $6.2 million each year.
   CONTRIBUTION  TIMING:  For  the  purposes  of  this Fiscal Note, it is
 assumed that the changes in the PVFB and annual  employer  contributions
 if  this  proposed legislation fails to pass, would be reflected for the
 first time in the Final June 30, 2021 actuarial  valuations  of  NYCERS,
 POLICE, and FIRE. In accordance with the OYLM used to determine employer
 contributions,  the  decrease  in  employer contributions would first be
 reflected in Fiscal Year 2023.
   CENSUS DATA: The estimates presented herein are based upon the  census
 data for such Eligible Beneficiaries provided by NYCRS.
 
                                                  Annual Accidental Death
                     Number of Deceased Members   Benefit Prior to Proposed
 Retirement System   with Eligible Survivors      July 1, 2019 Increase
                                                  ($ Millions)
 NYCERS                      40                       $ 3.7
 POLICE                     426                        48.6
 FIRE                       643                        77.3
 
 Total                    1,109                      $129.6
 
 ACTUARIAL  ASSUMPTIONS  AND  METHODS: The changes in the PVFB and annual
 employer contributions presented herein have been  calculated  based  on
 the  actuarial  assumptions  and methods in effect for the June 30, 2019
 (Lag) actuarial valuations used to determine the Preliminary Fiscal Year
 2021 employer contributions of NYCERS, POLICE, and FIRE.
   RISK AND UNCERTAINTY: The costs presented in this Fiscal  Note  depend
 highly  on the realization of the actuarial assumptions used, as well as
 certain demographic characteristics of NYCERS, POLICE and FIRE and other
 exogenous factors such as investment, contribution, and other risks.  If
 actual  experience deviates from actuarial assumptions, the actual costs
 could differ from those presented herein. Costs are  also  dependent  on
 the  actuarial  methods  used, and therefore different actuarial methods
 could produce different results. Quantifying these risks is  beyond  the
 scope of this Fiscal Note.
   Not measured in this Fiscal Note are the following:
    * The initial, additional administrative costs of NYCERS, POLICE, and
    FIRE  and  other  New  York  City  agencies to implement the proposed
    legislation.
   STATEMENT OF ACTUARIAL OPINION: I, Sherry S. Chan, am the Chief  Actu-
 ary  for,  and  independent of, the New York City Retirement Systems and
 Pension Funds. I am a Fellow of the Society of  Actuaries,  an  Enrolled

 S. 7508--B                         188                        A. 9508--B

 Actuary under the Employee Retirement Income and Security Act of 1974, a
 Member of the American Academy of Actuaries, and a Fellow of the Confer-
 ence  of Consulting Actuaries. I meet the Qualification Standards of the
 American  Academy of Actuaries to render the actuarial opinion contained
 herein. To the best of my knowledge, the results contained  herein  have
 been prepared in accordance with generally accepted actuarial principles
 and  procedures  and  with the Actuarial Standards of Practice issued by
 the Actuarial Standards Board.
   FISCAL NOTE IDENTIFICATION: This Fiscal Note 2020-16 dated  March  18,
 2020  was prepared by the Chief Actuary for the New York City Employees'
 Retirement System, the New York City Police Pension Fund, and  New  York
 City  Fire  Pension  Fund. This estimate is intended for use only during
 the 2020 Legislative Session.

                                 ITEM OOO
 
   Section 1. Section 2 of chapter 633 of the laws of 2006, amending  the
 public health law relating to the home based primary care for the elder-
 ly demonstration project, as amended by chapter 124 of the laws of 2015,
 is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed January 1, [2021] 2026.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after January 1, 2021.
 
                                 ITEM PPP
 
   Section  1. Section 3 of chapter 329 of the laws of 2015, amending the
 vehicle and traffic law relating to the residential  parking  system  in
 the  village  of Dobbs Ferry in the county of Westchester, as amended by
 chapter 240 of the laws of 2017, is amended to read as follows:
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a law and shall expire on January 1, [2021] 2025 when upon
 such date the provisions of this act shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                 ITEM QQQ
 
   Section 1. Section 3 of chapter 383 of the laws of 1991,  relating  to
 the  incorporation  of  the  New  York Zoological Society, as amended by
 chapter 39 of the laws of 2015, is amended to read as follows:
   § 3. This act shall take effect immediately, provided,  however,  that
 section  two  of this act shall take effect [July 1] DECEMBER 31, [2020]
 2025.
   § 2. This act shall take effect immediately.

                                 ITEM RRR
 
   Section 1. The opening paragraph of paragraph (a) of subdivision 1  of
 section  489  of  the real property tax law, as amended by chapter 72 of
 the laws of 2019, is amended to read as follows:
   Any city to which the multiple  dwelling  law  is  applicable,  acting
 through  its local legislative body or other governing agency, is hereby
 authorized and empowered, to and including January first,  two  thousand
 [twenty] TWENTY-ONE, to adopt and amend local laws or ordinances provid-
 ing  that  any  increase in assessed valuation of real property shall be

 S. 7508--B                         189                        A. 9508--B
 
 exempt from taxation for local purposes,  as  provided  herein,  to  the
 extent such increase results from:
   §  2.  The  closing  paragraph  of  subparagraph 6 of paragraph (a) of
 subdivision 1 of section 489 of the real property tax law, as amended by
 chapter 72 of the laws of 2019, is amended to read as follows:
   Such conversion, alterations or improvements shall be completed within
 thirty months after the date on which same shall be started except  that
 such  thirty month limitation shall not apply to conversions of residen-
 tial units which are registered with the loft board in  accordance  with
 article  seven-C  of  the multiple dwelling law pursuant to subparagraph
 one of this paragraph. Notwithstanding  the  foregoing,  a  sixty  month
 period for completion shall be available for alterations or improvements
 undertaken  by  a housing development fund company organized pursuant to
 article eleven of the private housing finance law, which are carried out
 with the substantial assistance of grants, loans or subsidies  from  any
 federal,  state or local governmental agency or instrumentality or which
 are carried out in a property transferred from such city if  alterations
 and  improvements  are  completed  within  seven years after the date of
 transfer. In addition, the local housing agency is hereby  empowered  to
 grant  an  extension of the period of completion for any project carried
 out with the substantial assistance of grants, loans or  subsidies  from
 any  federal,  state or local governmental agency or instrumentality, if
 such alterations or improvements are completed within sixty months  from
 commencement  of  construction. Provided, further, that such conversion,
 alterations or improvements shall in any event  be  completed  prior  to
 June  thirtieth, two thousand [twenty] TWENTY-ONE. Exemption for conver-
 sions, alterations or improvements pursuant to  subparagraph  one,  two,
 three  or  four  of  this  paragraph  shall continue for a period not to
 exceed fourteen years and begin no sooner than the first  quarterly  tax
 bill  immediately  following  the  completion of such conversion, alter-
 ations or improvements. Exemption for alterations or improvements pursu-
 ant to this subparagraph or subparagraph five of  this  paragraph  shall
 continue for a period not to exceed thirty-four years and shall begin no
 sooner  than  the  first  quarterly  tax  bill immediately following the
 completion of such alterations or improvements. Such exemption shall  be
 equal  to the increase in the valuation which is subject to exemption in
 full or proportionally under this subdivision for ten or  thirty  years,
 whichever  is  applicable. After such period of time, the amount of such
 exempted assessed valuation of such improvements  shall  be  reduced  by
 twenty  percent  in each succeeding year until the assessed value of the
 improvements are fully taxable.   Provided, however, exemption  for  any
 conversion,  alterations  or  improvements  which are aided by a loan or
 grant under article eight, eight-A, eleven, twelve, fifteen  or  twenty-
 two of the private housing finance law, section six hundred ninety-six-a
 or  section ninety-nine-h of the general municipal law, or section three
 hundred twelve of the housing act of  nineteen  hundred  sixty-four  (42
 U.S.C.A.  1452b),  or  the Cranston-Gonzalez national affordable housing
 act (42 U.S.C.A. 12701 et.  seq.), or started after July first, nineteen
 hundred eighty-three by a housing  development  fund  company  organized
 pursuant  to article eleven of the private housing finance law which are
 carried out with the substantial assistance of grants, loans  or  subsi-
 dies  from any federal, state or local governmental agency or instrumen-
 tality or which are carried out in a property transferred from any  city
 and  where alterations and improvements are completed within seven years
 after the date of transfer may commence at  the  beginning  of  any  tax
 quarter  subsequent  to  the  start  of  such conversion, alterations or

 S. 7508--B                         190                        A. 9508--B
 
 improvements and prior to the completion of such conversion, alterations
 or improvements.
   § 3. This act shall take effect immediately.
 
                                 ITEM SSS
 
   Section  1. Section 3 of chapter 831 of the laws of 1981, amending the
 labor law relating  to  fees  and  expenses  in  unemployment  insurance
 proceedings,  as  amended by chapter 257 of the laws of 2018, is amended
 to read as follows:
   § 3. This act shall take effect January 1,  1982,  provided,  however,
 that paragraphs (a) and (c) of subdivision 3 of section 538 of the labor
 law  as  added by section one of this act shall remain in full force and
 effect until December 31, [2020] 2022.
   § 2. This act shall take effect immediately.
 
                                 ITEM TTT
 
   Section 1. Paragraph 3 of subsection (c) of section 6302 of the insur-
 ance law, as amended by chapter 438 of the laws of 2018, is  amended  to
 read as follows:
   (3)  until [December thirty-first] JUNE THIRTIETH, two thousand [twen-
 ty] TWENTY-THREE, a domestic property/casualty  insurance  company  that
 maintains  at all times a surplus to policyholders of at least twice the
 minimum surplus to policyholders required to be maintained for the kinds
 of insurance that it is authorized to write in this state, or an insurer
 licensed pursuant to article sixty-one of this chapter as  a  reciprocal
 insurer  that  maintains  at  all times a surplus to policyholders of at
 least the minimum surplus to policyholders required to be maintained for
 the kinds of insurance that it is authorized to  write  in  this  state,
 provided that the domestic property/casualty insurance company or recip-
 rocal  insurer:    (A)  has  total direct premiums comprised of at least
 ninety percent medical malpractice insurance;  (B)  assumes  reinsurance
 premiums  in  an  amount  that is less than five percent of total direct
 premiums written; and (C) writes ninety  percent  of  its  total  direct
 premiums in this state.
   § 2. This act shall take effect immediately.
 
                                 ITEM UUU
 
   Section 1. The opening paragraph of subparagraph (B) of paragraph 2 of
 subdivision  (b)  of  section 1402 of the tax law, as amended by chapter
 272 of the laws of 2017, is amended to read as follows:
   For purposes of this subdivision, the phrase "real  estate  investment
 trust  transfer" shall mean any conveyance of real property or an inter-
 est therein to a REIT, or to a partnership or  corporation  in  which  a
 REIT  owns  a controlling interest immediately following the conveyance,
 which conveyance (I) occurs in connection with the initial formation  of
 the REIT, provided that the conditions set forth in clauses (i) and (ii)
 of  this  subparagraph  are  satisfied,  or (II) in the case of any real
 estate investment trust transfer occurring on or after July  thirteenth,
 nineteen  hundred  ninety-six  and  before September first, two thousand
 [twenty] TWENTY-THREE, is described in the last sentence of this subpar-
 agraph.

 S. 7508--B                         191                        A. 9508--B
 
   § 2. Subparagraph 2 of paragraph (xi) of subdivision  (b)  of  section
 1201  of  the tax law, as amended by chapter 272 of the laws of 2017, is
 amended to read as follows:
   (2)  any  issuance or transfer of an interest in a REIT, or in a part-
 nership or corporation in which a REIT owns a controlling interest imme-
 diately following the issuance or transfer, in connection with a  trans-
 action described in subparagraph one of this paragraph.  Notwithstanding
 the  foregoing,  a transaction described in the preceding sentence shall
 not constitute a real estate investment trust  transfer  unless  (A)  it
 occurs  in  connection  with  the  initial formation of the REIT and the
 conditions described in subparagraphs three and four of  this  paragraph
 are  satisfied,  or  (B) in the case of any real estate investment trust
 transfer occurring on or after July thirteenth, nineteen  hundred  nine-
 ty-six  and  before September first, two thousand [twenty] TWENTY-THREE,
 the transaction is described in subparagraph five of this  paragraph  in
 which case the provisions of such subparagraph shall apply.
   §  3.  Subparagraph  (B)  of  paragraph  2 of subdivision e of section
 11-2102 of the administrative code of the city of New York,  as  amended
 by chapter 272 of the laws of 2017, is amended to read as follows:
   (B)  any  issuance or transfer of an interest in a REIT, or in a part-
 nership or corporation in which a REIT owns a controlling interest imme-
 diately following the issuance or transfer in connection with  a  trans-
 action described in subparagraph (A) of this paragraph.  Notwithstanding
 the  foregoing,  a transaction described in the preceding sentence shall
 not constitute a real estate investment trust  transfer  unless  (i)  it
 occurs  in  connection  with  the  initial formation of the REIT and the
 conditions described in subparagraphs (C) and (D) of this paragraph  are
 satisfied,  or  (ii)  in  the  case  of any real estate investment trust
 transfer occurring on or after July thirteenth, nineteen  hundred  nine-
 ty-six  and  before September first, two thousand [twenty] TWENTY-THREE,
 the transaction is described in subparagraph (E) of  this  paragraph  in
 which case the provision of such subparagraph shall apply.
   § 4. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or item of this subpart 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 item 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.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Items A through UUU of this  act  shall
 be as specifically set forth in the last section of such Items.
 
                                 SUBPART C
 
   Section  1. This Subpart enacts into law legislation providing for the
 imposition of sales  and  compensating  use  taxes  by  certain  munici-
 palities.   Each component is wholly contained within an Item identified
 as Items A through EEE. The effective date for each particular provision
 contained within an Item is set forth in the last section of such  Item.
 Any  provision  of  any  section contained within an Item, including the
 effective date of the Item, which makes reference to a section "of  this
 act",  when  used in connection with that particular component, shall be

 S. 7508--B                         192                        A. 9508--B

 deemed to mean and refer to the corresponding section  of  the  Item  in
 which  it is found. Section three of this Subpart sets forth the general
 effective date of this Subpart.
 
                                  ITEM A
 
   Section  1.  Clause 10 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  A  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (10)  the  county of Albany is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning September first, nineteen hundred ninety-two and ending Novem-
 ber thirtieth, two thousand [twenty] TWENTY-THREE;
   §  2. Notwithstanding any inconsistent provision of law, if the county
 of Albany imposes the additional one percent rate of sales  and  compen-
 sating  use  taxes authorized by section one of this act for any portion
 of the period during which the county is so authorized  to  impose  such
 additional  one  percent  rate of such taxes, then such county of Albany
 shall allocate and distribute quarterly to the cities and  the  area  in
 the  county  outside  the  cities the same proportion of net collections
 attributable to such additional one percent rate of such taxes  as  such
 county is allocating and distributing the net collections from the coun-
 ty's three percent rate of such taxes as of the date this act shall have
 become  a  law, and such portion of net collections attributable to such
 additional one percent  rate  of  such  taxes  shall  be  allocated  and
 distributed  to the towns and villages in such county in the same manner
 as the net collections attributable to such county's three percent  rate
 of  such  taxes are allocated and distributed to such towns and villages
 as of the date this act shall have become a law. In the event  that  any
 city  in  the  county  of Albany exercises its prior right to impose tax
 pursuant to section 1224 of the tax law, then the county of Albany shall
 not be required to allocate and distribute net collections in accordance
 with the previous sentence for any period of time during which any  such
 city tax is in effect.
   § 3. This act shall take effect immediately.
 
                                  ITEM B
 
   Section  1.  Clause  8 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  B  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (8)  the county of Allegany is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which  is:  (i)  one percent additional to the three
 percent rate authorized above in this paragraph for such county for  the
 period  beginning December first, nineteen hundred eighty-six and ending
 November thirtieth, two thousand four; and (ii) one and one-half percent
 additional to the three percent rate authorized above in this  paragraph
 for  such  county  for the period beginning December first, two thousand
 four and ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM C

 S. 7508--B                         193                        A. 9508--B
 
   Section 1. Clause 18 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart C of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (18)  the  county of Broome is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning March first, nineteen hundred ninety-four, and ending November
 thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM D

   Section  1.  Clause  5 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  D  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (5)  the  county  of  Cattaraugus  is  hereby  further  authorized and
 empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
 imposing  such  taxes  at  a rate which is one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for  the  period  beginning March first, nineteen hundred eighty-six and
 ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM E
 
   Section 1. Clause 9 of subparagraph (i) of the  opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart E of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (9) the county of Cayuga is hereby further authorized and empowered to
 adopt and amend local laws,  ordinances  or  resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning September first, nineteen hundred ninety-two and ending Novem-
 ber thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM F
 
   Section  1.  Clause 38 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  F  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (38)  the  county  of  Chautauqua  is  hereby  further  authorized and
 empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
 imposing  such  taxes at a rate that is: (i) one and one-quarter percent
 additional to the three percent rate authorized above in this  paragraph
 for  such county for the period beginning March first, two thousand five
 and ending August thirty-first, two thousand six; (ii) one percent addi-
 tional to the three percent rate authorized above in this paragraph  for
 such  county  for the period beginning September first, two thousand six
 and ending November thirtieth, two thousand seven; (iii)  three-quarters
 of  one percent additional to the three percent rate authorized above in
 this paragraph for such county for the period beginning December  first,
 two thousand seven and ending November thirtieth, two thousand ten; (iv)
 one-half  of one percent additional to the three percent rate authorized
 above in this paragraph for such county for the period beginning  Decem-

 S. 7508--B                         194                        A. 9508--B
 
 ber  first, two thousand ten and ending November thirtieth, two thousand
 fifteen; and (v) one  percent  additional  to  the  three  percent  rate
 authorized above in this clause for such county for the period beginning
 December  first, two thousand fifteen and ending November thirtieth, two
 thousand [twenty] TWENTY-THREE;
   § 2. Section 1262-o of the tax law, as amended by section 2 of subpart
 F of part A of chapter 61 of the laws of 2017, is  amended  to  read  as
 follows:
   §  1262-o.  Disposition of net collections from the additional rate of
 sales and compensating use taxes in the county of Chautauqua.   Notwith-
 standing  any  contrary  provision  of  law, if the county of Chautauqua
 imposes the additional one and one-quarter percent  rate  of  sales  and
 compensating  use taxes authorized by section twelve hundred ten of this
 article for all or any portion of the period beginning March first,  two
 thousand  five  and  ending  August  thirty-first, two thousand six, the
 additional one percent rate authorized by such section for all or any of
 the period beginning September first, two thousand six and ending Novem-
 ber thirtieth, two thousand seven, the additional three-quarters of  one
 percent  rate  authorized  by  such section for all or any of the period
 beginning December first, two thousand seven and ending November thirti-
 eth, two thousand ten, the county shall allocate one-fifth  of  the  net
 collections  from  the  additional  three-quarters of one percent to the
 cities, towns and villages in the county on the basis of  their  respec-
 tive  populations,  determined  in  accordance with the latest decennial
 federal census or special population census taken  pursuant  to  section
 twenty of the general municipal law completed and published prior to the
 end  of  the  quarter for which the allocation is made, and allocate the
 remainder of the net collections from the additional  three-quarters  of
 one  percent  as  follows: (1) to pay the county's expenses for Medicaid
 and other expenses required by law; (2) to pay for local road and bridge
 projects; (3) for the purposes of  capital  projects  and  repaying  any
 debts  incurred  for  such  capital projects in the county of Chautauqua
 that are not otherwise paid for by revenue received  from  the  mortgage
 recording  tax;  and  (4)  for  deposit  into  a reserve fund for bonded
 indebtedness established pursuant to the general municipal law. Notwith-
 standing any contrary provision of law,  if  the  county  of  Chautauqua
 imposes  the  additional one-half percent rate of sales and compensating
 use taxes authorized by such section twelve hundred ten for all  or  any
 of  the  period  beginning  December  first, two thousand ten and ending
 November thirtieth, two thousand  fifteen,  the  county  shall  allocate
 three-tenths  of the net collections from the additional one-half of one
 percent to the cities, towns and villages in the county on the basis  of
 their  respective  populations, determined in accordance with the latest
 decennial federal census or special population census taken pursuant  to
 section  twenty  of  the  general  municipal law completed and published
 prior to the end of the quarter for which the allocation  is  made,  and
 allocate  the  remainder of the net collections from the additional one-
 half of one percent as follows: (1) to pay  the  county's  expenses  for
 Medicaid  and  other expenses required by law; (2) to pay for local road
 and bridge projects; (3) for the purposes of capital projects and repay-
 ing any debts incurred for such capital projects in the county of  Chau-
 tauqua  that  are  not  otherwise  paid for by revenue received from the
 mortgage recording tax; and (4) for deposit  into  a  reserve  fund  for
 bonded  indebtedness  established pursuant to the general municipal law.
 Notwithstanding any contrary provision of law, if the county of Chautau-
 qua imposes the additional one percent rate of  sales  and  compensating

 S. 7508--B                         195                        A. 9508--B
 
 use  taxes  authorized by such section twelve hundred ten for all or any
 of the period beginning December first, two thousand fifteen and  ending
 November thirtieth, two thousand [twenty] TWENTY-THREE, the county shall
 allocate three-twentieths of the net collections from the additional one
 percent  to the cities, towns and villages in the county on the basis of
 their respective populations, determined in accordance with  the  latest
 decennial  federal census or special population census taken pursuant to
 section twenty of the general  municipal  law  completed  and  published
 prior  to  the  end of the quarter for which the allocation is made, and
 allocate the remainder of the net collections from  the  additional  one
 percent  as  follows:  (1) to pay the county's expenses for Medicaid and
 other expenses required by law; (2) to pay for  local  road  and  bridge
 projects;  (3)  for  the  purposes  of capital projects and repaying any
 debts incurred for such capital projects in  the  county  of  Chautauqua
 that  are  not  otherwise paid for by revenue received from the mortgage
 recording tax; and (4) for  deposit  into  a  reserve  fund  for  bonded
 indebtedness established pursuant to the general municipal law.  The net
 collections  from  the additional rates imposed pursuant to this section
 shall be deposited in a special fund to be created by such county  sepa-
 rate  and  apart  from  any other funds and accounts of the county to be
 used for purposes above described.
   § 3. This act shall take effect immediately.
 
                                  ITEM G

   Section 1. Clause 27 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart G of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (27) the county of Chemung is hereby further authorized and  empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning December first, two thousand two, and ending November  thirti-
 eth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM H
 
   Section  1.  Clause 24 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  H  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (24) the county of Chenango is hereby further authorized and empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning September first, two thousand two, and ending November thirti-
 eth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM I
 
   Section 1. Clause 36 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart I of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (36) the county of Clinton is hereby further authorized and  empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such

 S. 7508--B                         196                        A. 9508--B
 
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning December first, two thousand seven, and ending November  thir-
 tieth, two thousand [twenty] TWENTY-THREE;
   §  2.   Subdivision (cc) of section 1224 of the tax law, as amended by
 section 2 of subpart I of part A of chapter 61 of the laws of  2017,  is
 amended to read as follows:
   (cc)  The  county  of  Clinton shall have the sole right to impose the
 additional one percent rate of tax which such county  is  authorized  to
 impose  pursuant  to the authority of section twelve hundred ten of this
 article. Such additional rate of tax shall be in addition to  any  other
 tax  which  such  county  may impose or may be imposing pursuant to this
 article or any other law and such additional rate of tax  shall  not  be
 subject  to  preemption.  The  maximum three percent rate referred to in
 this section shall be calculated without reference to the additional one
 percent rate of tax which  the  county  of  Clinton  is  authorized  and
 empowered  to adopt pursuant to section twelve hundred ten of this arti-
 cle. Net collections from any additional rate of sales and  compensating
 use  taxes  which  the  county  may  impose during the period commencing
 December first, two thousand eleven, and ending November thirtieth,  two
 thousand  [twenty]  TWENTY-THREE,  pursuant  to the authority of section
 twelve hundred ten of this article shall be used by  the  county  solely
 for county purposes and shall not be subject to any revenue distribution
 agreement  entered  into pursuant to the authority of subdivision (c) of
 section twelve hundred sixty-two of this article.
   § 3. This act shall take effect immediately.
 
                                  ITEM J
 
   Section 1. Clause 21 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart J of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (21) the county of Columbia is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning March first, nineteen hundred ninety-five, and ending November
 thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM K
 
   Section  1.  Clause 12 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  K  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (12) the county of Cortland is hereby further authorized and empowered
 to  adopt and amend local laws, ordinances, or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning September first, nineteen hundred ninety-two and ending Novem-
 ber thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.

                                  ITEM L

 S. 7508--B                         197                        A. 9508--B
 
   Section 1. Clause 41 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart L of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (41) the county of Delaware is hereby further authorized and empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning September first, two thousand two, and ending November thirti-
 eth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.

                                  ITEM M
 
   Section 1. Clause 29 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart M of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (29) the county of Dutchess is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes at a rate which is three-quarters of one percent additional to the
 three  percent  rate  authorized above in this paragraph for such county
 for the period beginning March first, two  thousand  three,  and  ending
 November thirtieth, two thousand [twenty] TWENTY-THREE,
   § 2. This act shall take effect immediately.
 
                                  ITEM N
 
   Section  1.  Clause  4 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  N  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (4)  the  county of Erie is hereby further authorized and empowered to
 adopt and amend local laws,  ordinances  or  resolutions  imposing  such
 taxes (i) at a rate which is one percent additional to the three percent
 rate  authorized  above in this paragraph for such county for the period
 beginning January tenth, nineteen hundred eighty-eight and ending Novem-
 ber thirtieth, two thousand [twenty] TWENTY-THREE; and (ii)  at  a  rate
 which  is  three-quarters of one percent additional to the three percent
 rate authorized above in this paragraph, and which is also additional to
 the one percent rate also authorized above in this clause for such coun-
 ty, for the period beginning December first, two  thousand  eleven,  and
 ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   §  2.  Subdivision  2  of section 1262-q of the tax law, as amended by
 section 2 of subpart N of part A of chapter 61 of the laws of  2017,  is
 amended to read as follows:
   (2)  Net collections from the additional three-quarters of one percent
 rate of sales and compensating use taxes which  the  county  may  impose
 during  the  period  commencing December first, two thousand eleven, and
 ending November thirtieth, two thousand [twenty] TWENTY-THREE,  pursuant
 to  the  authority of item (ii) of clause (4) of subparagraph (i) of the
 opening paragraph of section twelve hundred ten of this article shall be
 used by the county solely for county purposes and shall not  be  subject
 to  any  revenue distribution agreement the county entered into pursuant
 to the authority of subdivision (c) of section twelve hundred  sixty-two
 of this part.
   § 3. This act shall take effect immediately.
 
                                  ITEM O

 S. 7508--B                         198                        A. 9508--B
 
   Section  1.  Clause 36 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  O  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (36) the county of Essex is hereby further authorized and empowered to
 adopt  and  amend  local  laws,  ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning December first, two thousand  thirteen,  and  ending  November
 thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM P
 
   Section  1.  Clause 40 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  P  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (40) the county of Franklin is hereby further authorized and empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate that is one percent additional to the three percent rate
 authorized above in this paragraph for such county for the period begin-
 ning June first, two thousand six and  ending  November  thirtieth,  two
 thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.

                                  ITEM Q
 
   Section  1.  Clause 39 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  Q  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (39)  the  county of Fulton is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning  September first, two thousand five, and ending November thir-
 tieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM R
 
   Section 1. Clause 20 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart R of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (20) the county of Genesee is hereby further authorized and  empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning September first,  nineteen  hundred  ninety-four,  and  ending
 November thirtieth, two thousand [twenty] TWENTY-THREE;
   §  2.  Notwithstanding any other provision of law to the contrary, the
 one percent increase in sales and compensating use taxes authorized  for
 the  county  of Genesee until November 30, 2023 pursuant to clause 20 of
 subparagraph (i) of the opening paragraph of section  1210  of  the  tax
 law, as amended by section one of this act, shall be divided in the same
 manner and proportion as the existing three percent sales and compensat-
 ing use taxes in such county are divided.
   § 3. This act shall take effect immediately.

 S. 7508--B                         199                        A. 9508--B
 
                                  ITEM S
 
   Section  1.  Clause 15 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  S  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (15)  the  county of Greene is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning  March first, nineteen hundred ninety-three, and ending Novem-
 ber thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM T
 
   Section 1. Clause 41 of subparagraph (i) of the opening  paragraph  of
 section  1210 of the tax law, as added by section 1 of subpart T of part
 A of chapter 61 of the laws of 2017, is amended to read as follows:
   (41) The county of Hamilton is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes at a rate that is one percent additional to the three percent rate
 authorized above in this paragraph for such county for the period begin-
 ning  December  first, two thousand thirteen and ending November thirti-
 eth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM U
 
   Section 1. Clause 19 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart U of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (19) the county of Herkimer is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning  September  first,  nineteen  hundred  ninety-four, and ending
 November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. Section 1210-E of the tax law,    as  amended  by  section  2  of
 subpart  U  of  part  A of chapter 61 of the laws of 2017, is amended to
 read as follows:
   § 1210-E. Sales and compensating use taxes within Herkimer county.  In
 addition  to  the  taxes  imposed  by section twelve hundred ten of this
 subpart or any other provision of law, the county of Herkimer is  hereby
 authorized  and  empowered  to adopt and amend local laws, ordinances or
 resolutions imposing within the territorial limits of such county  addi-
 tional  sales  and  compensating use taxes at the rate of one-quarter of
 one percent for the period beginning December first, two thousand  seven
 and ending November thirtieth, two thousand [twenty] TWENTY-THREE, which
 taxes shall be identical to the taxes imposed by such county pursuant to
 the  authority  of section twelve hundred ten of this subpart. Except as
 hereinafter provided, all provisions  of  this  article,  including  the
 definition  and  exemption provisions and the provisions relating to the
 administration, collection and distribution by the  commissioner,  shall
 apply  for  purposes of the taxes authorized by this section in the same
 manner and with the same force and effect as if  the  language  of  this
 article  had been incorporated in full in this section and had expressly

 S. 7508--B                         200                        A. 9508--B
 
 referred to the taxes authorized by  this  section;  provided,  however,
 that  any provision relating to a maximum rate shall be calculated with-
 out reference to the rate of additional sales and compensating use taxes
 herein  authorized. For purposes of part IV of this article, relating to
 the disposition of revenues resulting from taxes collected and  adminis-
 tered  by  the  commissioner,  the additional sales and compensating use
 taxes authorized by this section imposed under the authority of  section
 twelve  hundred  ten  of this subpart and all provisions relating to the
 deposit, administration and disposition of taxes, penalties and interest
 relating to taxes imposed by a county under  the  authority  of  section
 twelve  hundred  ten of this subpart shall, except as otherwise provided
 in this section, apply to the  additional  sales  and  compensating  use
 taxes authorized by this section.
   §  3.  Section  1262-s  of  the  tax law,   as amended by section 3 of
 subpart U of part A of chapter 61 of the laws of  2017,  is  amended  to
 read as follows:
   § 1262-s. Disposition of net collections from the additional one-quar-
 ter of one percent rate of sales and compensating use taxes in the coun-
 ty  of  Herkimer.  Notwithstanding any contrary provision of law, if the
 county of Herkimer imposes the additional  one-quarter  of  one  percent
 rate  of  sales  and compensating use taxes authorized by section twelve
 hundred ten-E of this article for all  or  any  portion  of  the  period
 beginning December first, two thousand seven and ending November thirti-
 eth,  two  thousand  [twenty] TWENTY-THREE, the county shall use all net
 collections from such additional one-quarter of one percent rate to  pay
 the  county's  expenses  for the construction of additional correctional
 facilities. The net collections from the additional rate imposed  pursu-
 ant  to  section twelve hundred ten-E OF THIS ARTICLE shall be deposited
 in a special fund to be created by such county separate and  apart  from
 any  other  funds  and accounts of the county. Any and all remaining net
 collections from  such  additional  tax,  after  the  expenses  of  such
 construction  are  paid, shall be deposited by the county of Herkimer in
 the general fund of such county for any county purpose.
   § 4. This act shall take effect immediately.
 
                                  ITEM V
 
   Section 1. Clause 37 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart V of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (37)  the  county  of  Jefferson  is  hereby  further  authorized  and
 empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
 imposing such taxes at a rate which is one  percent  additional  to  the
 three  percent  rate  authorized above in this paragraph for such county
 for the period beginning  December  first,  two  thousand  fifteen,  and
 ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM W
 
   Section  1.  Clause 36 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  W  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (36) the county of Lewis is hereby further authorized and empowered to
 adopt  and  amend  local  laws,  ordinances or resolutions imposing such
 taxes at a rate that is one percent additional to the three percent rate

 S. 7508--B                         201                        A. 9508--B
 
 authorized above in this paragraph for such county for the period begin-
 ning June first, two thousand four, and ending November  thirtieth,  two
 thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM X
 
   Section  1.  Clause 32 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  X  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (32)  the  county  of  Livingston  is  hereby  further  authorized and
 empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
 imposing  such  taxes  at  a rate which is one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for  the  period  beginning  June  first, two thousand three, and ending
 November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. Section 1262-p of the tax law, as amended by section 2 of subpart
 X of part A of chapter 61 of the laws of 2017, is  amended  to  read  as
 follows:
   §  1262-p.  Disposition  of  net  collections  from the additional one
 percent rate of sales and  compensating  use  taxes  in  the  county  of
 Livingston.  Notwithstanding any contrary provision of law, if the coun-
 ty  of  Livingston  imposes the additional one percent rate of sales and
 compensating use taxes authorized by section twelve hundred ten of  this
 article  for  all or any portion of the period beginning June first, two
 thousand three and ending  November  thirtieth,  two  thousand  [twenty]
 TWENTY-THREE,  the  county shall use all net collections from such addi-
 tional one percent rate to pay the county's expenses for  Medicaid.  The
 net collections from the additional one percent rate imposed pursuant to
 this  section shall be deposited in a special fund to be created by such
 county separate and apart from any other funds and accounts of the coun-
 ty. Any and all remaining  net  collections  from  such  additional  one
 percent tax, after the Medicaid expenses are paid, shall be deposited by
 the  county  of  Livingston  in  the general fund of such county for any
 county purpose.
   § 3. This act shall take effect immediately.
 
                                  ITEM Y

   Section 1. Clause 35 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the  tax law, as amended by section 1 of subpart Y of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (35) the county of Madison is hereby further authorized and  empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning June first, two thousand four, and ending November  thirtieth,
 two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM Z
 
   Section  1.  Clause 25 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1  of  subpart  Z  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:

 S. 7508--B                         202                        A. 9508--B
 
   (25)  the  county of Monroe is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for the period beginning  Decem-
 ber  first, nineteen hundred ninety-three and ending November thirtieth,
 two thousand [twenty] TWENTY-THREE;
   § 2. Notwithstanding the provisions of subdivisions  (b)  and  (c)  of
 section 1262 and section 1262-g of the tax law, net collections, as such
 term is defined in section 1262 of the tax law, derived from the imposi-
 tion  of sales and compensating use taxes by the county of Monroe at the
 additional rate of one percent as authorized pursuant to clause (25)  of
 subparagraph  (i)  of  the  opening paragraph of section 1210 of the tax
 law, as amended by section one of this act, which are in addition to the
 current net collections derived from the imposition of such taxes at the
 three percent rate authorized by the opening paragraph of  section  1210
 of  the  tax law, shall be distributed and allocated as follows: for the
 period of December 1, 2020 through  November  30,  2023  in  cash,  five
 percent  to  the  school districts in the area of the county outside the
 city of Rochester, three percent to the towns located within the county,
 one and one-quarter percent to the villages located within  the  county,
 and ninety and three-quarters percent to the city of Rochester and coun-
 ty  of Monroe. The amount of the ninety and three-quarters percent to be
 distributed and allocated to the city of Rochester and county of  Monroe
 shall  be  distributed  and allocated to each so that the combined total
 distribution and allocation to each from the sales tax revenues pursuant
 to sections 1262 and 1262-g of the tax law and this section shall result
 in the same total amount being distributed and allocated to the city  of
 Rochester  and county of Monroe. The amount so distributed and allocated
 to the county shall be used for  county  purposes.  The  foregoing  cash
 payments  to the school districts shall be allocated on the basis of the
 enrolled public school pupils, thereof, as such term is used in subdivi-
 sion (b) of section 1262 of the tax  law,  residing  in  the  county  of
 Monroe.  The  cash  payments  to  the towns located within the county of
 Monroe shall be allocated on the basis of the ratio which the population
 of each town, exclusive of the population  of  any  village  or  portion
 thereof  located  within  a  town,  bears to the total population of the
 towns, exclusive of the population of the villages located  within  such
 towns. The cash payments to the villages located within the county shall
 be  allocated  on  the  basis  of the ratio which the population of each
 village bears to the total population of the villages located within the
 county. The term population as used in this section shall have the  same
 meaning as used in subdivision (b) of section 1262 of the tax law.
   §  3.  The  net  collections  resulting  from the additional sales and
 compensating use taxes, as authorized by this act, shall not be included
 in determining a sales tax increase or decrease as defined in paragraphs
 (c) and (d) of subdivision 1 of section 1262-g of the tax law.
   § 4. Severability. If any clause, sentence, paragraph, or item of this
 subpart 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, section or item thereof directly  involved  in  the
 controversy in which such judgment shall have been rendered.
   § 5. This act shall take effect immediately.
 
                                  ITEM AA

 S. 7508--B                         203                        A. 9508--B
 
   Section  1.  Clause 31 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  AA  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (31)  the  county  of  Montgomery  is  hereby  further  authorized and
 empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
 imposing  such  taxes  at  a rate which is one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for  the  period  beginning  June  first, two thousand three, and ending
 November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM BB
 
   Section 1. Clause 2 of subparagraph (i) of the  opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart BB of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (2) the county of Nassau is hereby further authorized and empowered to
 adopt and amend local laws,  ordinances  or  resolutions  imposing  such
 taxes  at a rate which is three-quarters percent additional to the three
 percent rate authorized above in this paragraph for such county for  the
 period  beginning  January first, nineteen hundred eighty-six and ending
 November thirtieth, two thousand [twenty] TWENTY-THREE, subject  to  the
 limitation set forth in section twelve hundred sixty-two-e of this arti-
 cle,  and  also  at  a  rate which is one-half percent additional to the
 three percent rate authorized above in this paragraph, and which is also
 additional to the three-quarters percent rate also authorized  above  in
 this  clause  for such county, for the period beginning September first,
 nineteen hundred ninety-one and ending November thirtieth, two  thousand
 [twenty] TWENTY-THREE;
   § 2. Section 1262-e of the tax law, as amended by section 2 of subpart
 BB  of  part  A of chapter 61 of the laws of 2017, is amended to read as
 follows:
   § 1262-e. Establishment of local  government  assistance  programs  in
 Nassau  county. 1. Towns and cities. Notwithstanding any other provision
 of law to the contrary, for  the  calendar  year  beginning  on  January
 first, nineteen hundred ninety-eight and continuing through the calendar
 year beginning on January first, two thousand [twenty] TWENTY-THREE, the
 county of Nassau shall enact and establish a local government assistance
 program for the towns and cities within such county to assist such towns
 and  cities to minimize real property taxes; defray the cost and expense
 of the treatment, collection, management, disposal,  and  transportation
 of  municipal  solid waste, and to comply with the provisions of chapter
 two hundred ninety-nine of the laws of  nineteen  hundred  eighty-three;
 and  defray  the  cost  of  maintaining  conservation  and environmental
 control programs. Such special assistance  program  for  the  towns  and
 cities  within  such county and the funding for such program shall equal
 one-third of the revenues received by such county from the imposition of
 the three-quarters percent sales and use tax during calendar  years  two
 thousand  one,  two thousand two, two thousand three, two thousand four,
 two thousand five, two thousand six, two thousand  seven,  two  thousand
 eight,  two  thousand  nine,  two thousand ten, two thousand eleven, two
 thousand twelve, two thousand thirteen, two thousand fourteen, two thou-
 sand fifteen, two thousand sixteen,[,] two thousand seventeen, two thou-
 sand eighteen, two thousand nineteen [and],  two  thousand  twenty,  TWO
 THOUSAND  TWENTY-ONE, TWO   THOUSAND TWENTY-TWO AND TWO THOUSAND TWENTY-
 THREE additional to the regular three percent rate authorized  for  such

 S. 7508--B                         204                        A. 9508--B
 
 county  in  section  twelve  hundred ten of this article. The monies for
 such special local assistance shall be paid and distributed to the towns
 and cities on a per capita basis using the  population  figures  in  the
 latest  decennial federal census. Provided further, that notwithstanding
 any other law to the contrary, the establishment of such special assist-
 ance program shall preclude any city or town  within  such  county  from
 preempting  or  claiming  under  any  other  section of this chapter the
 revenues derived from the additional tax authorized  by  section  twelve
 hundred  ten  of  this  article. Provided further, that any such town or
 towns may, by resolution of the town board, apportion all or a  part  of
 monies  received  in  such  special assistance program to an improvement
 district or special district account within such town or towns in  order
 to accomplish the purposes of this special assistance program.
   2. Villages. Notwithstanding any other provision of law to the contra-
 ry,  for  the calendar year beginning on January first, nineteen hundred
 ninety-eight and continuing through the calendar year beginning on Janu-
 ary first, two thousand [twenty] TWENTY-THREE, the county of Nassau,  by
 local law, is hereby empowered to enact and establish a local government
 assistance  program  for  the villages within such county to assist such
 villages to minimize real property taxes; defray the cost and expense of
 the treatment, collection, management, disposal, and  transportation  of
 municipal  solid  waste; and defray the cost of maintaining conservation
 and environmental control programs. The funding of such local assistance
 program for the villages within such county may be  provided  by  Nassau
 county  during  any calendar year in which such village local assistance
 program is in effect and shall not  exceed  one-sixth  of  the  revenues
 received from the imposition of the three-quarters percent sales and use
 tax  that  are  remaining after the towns and cities have received their
 funding pursuant to the provisions of subdivision one of  this  section.
 The  funding for such village local assistance program shall be paid and
 distributed to the villages on a per capita basis using  the  population
 figures  in  the latest decennial federal census. Provided further, that
 the  establishment  of  such  village  local  assistance  program  shall
 preclude  any  village  within  such  county from preempting or claiming
 under any other section of this chapter the revenues  derived  from  the
 additional tax authorized by section twelve hundred ten of this article.
   § 3. This act shall take effect immediately.
 
                                  ITEM CC
 
   Section  1.  Clause 29 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  CC  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (29)  the county of Niagara is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning  March  first, two thousand three, and ending November thirti-
 eth, two thousand [twenty] TWENTY-THREE;
   § 2. Section 1262-n of the tax law, as amended section 2 of subpart CC
 of part A of chapter 61 of the laws of  2017,  is  amended  to  read  as
 follows:
   §  1262-n.  Disposition  of  net  collections  from the additional one
 percent rate of sales and  compensating  use  taxes  in  the  county  of
 Niagara.    Notwithstanding any contrary provision of law, if the county
 of Niagara imposes the additional one percent rate of sales and  compen-

 S. 7508--B                         205                        A. 9508--B
 
 sating  use taxes authorized by section twelve hundred ten of this arti-
 cle for all or any portion of the  period  beginning  March  first,  two
 thousand  three  and  ending  November  thirtieth, two thousand [twenty]
 TWENTY-THREE,  the  county shall use all net collections from such addi-
 tional one percent rate to pay the county's expenses for  Medicaid.  The
 net collections from the additional one percent rate imposed pursuant to
 this  section shall be deposited in a special fund to be created by such
 county separate and apart from any other funds and accounts of the coun-
 ty. Any and all remaining  net  collections  from  such  additional  one
 percent tax, after the Medicaid expenses are paid, shall be deposited by
 the  county of Niagara in the general fund of such county for any county
 purpose.
   § 3. This act shall take effect immediately.
 
                                  ITEM DD
 
   Section 1. Clause 13 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart DD of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (13) the county of Oneida is hereby further authorized  and  empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is:  (i)  one  percent  additional  to  the  three
 percent  rate authorized above in this paragraph for such county for the
 period beginning September first, nineteen hundred ninety-two and ending
 November thirtieth, two thousand [twenty] TWENTY-THREE; and also (ii) at
 a rate which is three-quarters of one percent or one-half of one percent
 additional to the three percent rate authorized above in this paragraph,
 and which is also additional to the one  percent  rate  also  authorized
 above  in this clause for such county, for the period beginning December
 first, two thousand eight and ending November  thirtieth,  two  thousand
 [twenty] TWENTY-THREE;
   § 2. Section 1262-g of the tax law, as amended by section 2 of subpart
 DD  of  part  A of chapter 61 of the laws of 2017, is amended to read as
 follows:
   § 1262-g. Oneida county allocation and distribution of net collections
 from the additional one percent  rate  of  sales  and  compensating  use
 taxes.  Notwithstanding  any contrary provision of law, if the county of
 Oneida imposes sales and compensating use taxes at a rate which  is  one
 percent  additional  to  the  three  percent  rate authorized by section
 twelve hundred ten of this article, as authorized by such  section,  (a)
 where  a  city  in  such county imposes tax pursuant to the authority of
 subdivision (a) of such section twelve hundred ten,  such  county  shall
 allocate,  distribute and pay in cash quarterly to such city one-half of
 the net collections attributable to such additional one percent rate  of
 the county's taxes collected in such city's boundaries; (b) where a city
 in  such  county  does  not impose tax pursuant to the authority of such
 subdivision (a) of such section twelve hundred ten,  such  county  shall
 allocate,  distribute  and  pay  in  cash  quarterly to such city not so
 imposing tax a portion of the net collections attributable  to  one-half
 of  the  county's  additional  one percent rate of tax calculated on the
 basis of the ratio which such city's population bears  to  the  county's
 total  population, such populations as determined in accordance with the
 latest decennial federal  census  or  special  population  census  taken
 pursuant  to  section  twenty of the general municipal law completed and
 published prior to the end of the quarter for which  the  allocation  is
 made,  which  special census must include the entire area of the county;

 S. 7508--B                         206                        A. 9508--B
 
 and (c) provided, however, that such county shall dedicate the first one
 million five hundred thousand dollars of net collections attributable to
 such additional one percent rate of tax received by  such  county  after
 the county receives in the aggregate eighteen million five hundred thou-
 sand dollars of net collections from such additional one percent rate of
 tax imposed for any of the periods: September first, two thousand twelve
 through August thirty-first, two thousand thirteen; September first, two
 thousand  thirteen  through  August thirty-first, two thousand fourteen;
 and September first, two thousand fourteen through August  thirty-first,
 two  thousand  fifteen;  September  first,  two thousand fifteen through
 August thirty-first, two thousand  sixteen;  and  September  first,  two
 thousand  sixteen  through  August thirty-first, two thousand seventeen;
 September first, two thousand seventeen through August thirty-first, two
 thousand eighteen; [and] September first, two thousand eighteen  through
 August thirty-first, two thousand twenty; AND SEPTEMBER FIRST, TWO THOU-
 SAND  TWENTY  THROUGH AUGUST THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, to
 an allocation on a per capita basis, utilizing figures from  the  latest
 decennial  federal census or special population census taken pursuant to
 section twenty of the general municipal  law,  completed  and  published
 prior  to  the  end of the year for which such allocation is made, which
 special census must include the entire area of such county, to be  allo-
 cated  and distributed among the towns of Oneida county by appropriation
 of its board of legislators;  provided,  further,  that  nothing  herein
 shall  require  such board of legislators to make any such appropriation
 until it has been notified by any town by appropriate resolution and, in
 any case where there is a village wholly  or  partly  located  within  a
 town,  a  resolution  of  every such village, embodying the agreement of
 such town and village or villages upon the amount of such  appropriation
 to  be  distributed to such village or villages out of the allocation to
 the town or towns in which it is located.
   § 3. This act shall take effect immediately.
 
                                  ITEM EE
 
   Section 1. Clause 37 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart EE of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (37) the county of Onondaga is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes at a rate that is one percent additional to the three percent rate
 authorized above in this paragraph for such county for the period begin-
 ning  September first, two thousand four, and ending November thirtieth,
 two thousand [twenty] TWENTY-THREE;
   § 2. Notwithstanding any contrary provision of  law,  net  collections
 from the additional one percent rate of sales and compensating use taxes
 which  may  be  imposed  by  the  county  of  Onondaga during the period
 commencing December 1, 2020 and ending November 30,  2021,  pursuant  to
 the  authority  of  section 1210 of the tax law, shall not be subject to
 any revenue distribution agreement entered into under subdivision (c) of
 section 1262 of the tax law, but shall be allocated and  distributed  or
 paid, at least quarterly, as follows: (i) 1.58% to the county of Ononda-
 ga  for  any  county  purpose;  (ii) 97.79% to the city of Syracuse; and
 (iii) .63% to the school districts in accordance with subdivision (a) of
 section 1262 of the tax law.
   § 3. Notwithstanding any contrary provision of  law,  net  collections
 from the additional one percent rate of sales and compensating use taxes

 S. 7508--B                         207                        A. 9508--B
 
 which  may  be  imposed  by  the  county  of  Onondaga during the period
 commencing December 1, 2021 and ending November 30,  2022,  pursuant  to
 the  authority  of  section 1210 of the tax law, shall not be subject to
 any revenue distribution agreement entered into under subdivision (c) of
 section  1262  of the tax law, but shall be allocated and distributed or
 paid, at least quarterly, as follows: (i) 1.58% to the county of Ononda-
 ga for any county purpose; (ii) 97.79% to  the  city  of  Syracuse;  and
 (iii) .63% to the school districts in accordance with subdivision (a) of
 section 1262 of the tax law.
   §  4.  Notwithstanding  any contrary provision of law, net collections
 from the additional one percent rate of sales and compensating use taxes
 which may be imposed  by  the  county  of  Onondaga  during  the  period
 commencing  December  1,  2022 and ending November 30, 2023, pursuant to
 the authority of section 1210 of the tax law, shall not  be  subject  to
 any revenue distribution agreement entered into under subdivision (c) of
 section  1262  of the tax law, but shall be allocated and distributed or
 paid, at least quarterly, as follows: (i) 1.58% to the county of Ononda-
 ga for any county purpose; (ii) 97.79% to  the  city  of  Syracuse;  and
 (iii) .63% to the school districts in accordance with subdivision (a) of
 section 1262 of the tax law.
   § 5. This act shall take effect immediately.
 
                                  ITEM FF

   Section  1.  Clause 40 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  FF  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (40)  the county of Ontario is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes at a rate that is: (A) one-eighth of one percent additional to the
 three  percent  rate  authorized above in this paragraph for such county
 for the period beginning June first, two thousand six and ending  Novem-
 ber  thirtieth,  two  thousand  [twenty] TWENTY-THREE; and also (B) at a
 rate that is three-eighths  of  one  percent  additional  to  the  three
 percent  rate authorized above in this paragraph, and that is also addi-
 tional to the one-eighth of one percent rate authorized in  this  clause
 for  such county, for the period beginning September first, two thousand
 nine and ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM GG
 
   Section 1. Clause 35 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart GG of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (35) the county of Orange is hereby further authorized  and  empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is three-quarters of one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for  the  period  beginning  June  first,  two thousand four, and ending
 November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. Notwithstanding subdivision (c) of section 1262 of the  tax  law,
 net  collections  from any additional rate of sales and compensating use
 taxes which may be imposed by the county of  Orange  during  the  period
 commencing  December  1, 2020, and ending November 30, 2023, pursuant to
 the authority of section 1210 of the tax law, shall be paid to the coun-

 S. 7508--B                         208                        A. 9508--B
 
 ty of Orange and shall be used by such county solely for county purposes
 and shall not be subject to any revenue distribution  agreement  entered
 into pursuant to the authority of subdivision (c) of section 1262 of the
 tax law.
   § 3. This act shall take effect immediately.
 
                                  ITEM HH

   Section  1.  Clause 16 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  HH  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (16)  the county of Orleans is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning June first, nineteen hundred ninety-three, and ending November
 thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM II
 
   Section  1.  Clause 36 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  II  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (36)  the  county of Oswego is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning  September first, two thousand four, and ending November thir-
 tieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM JJ
 
   Section 1. Clause 34 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart JJ of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (34) the county of Otsego is hereby further authorized  and  empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning December first, two thousand three, and ending November  thir-
 tieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM KK
 
   Section  1.  Clause 39 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  KK  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (39)  the  county of Putnam is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a rate that is: (i) one-half of one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for  the  period beginning September first, two thousand five and ending
 August thirty-first, two thousand seven; and (ii) one percent additional

 S. 7508--B                         209                        A. 9508--B
 
 to the three percent rate authorized above in this  paragraph  for  such
 county  for the period beginning September first, two thousand seven and
 ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM LL

   Section  1.  Clause  3 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  LL  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (3)  the  county  of  Rensselaer  is  hereby  further  authorized  and
 empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
 imposing  such  taxes  at  a rate which is one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for  the  period beginning September first, nineteen hundred ninety-four
 and ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM MM
 
   Section 1. Clause 23 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart MM of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (23) the county of Rockland is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at a rate which is: (i) five-eighths of one percent additional to
 the three percent rate authorized above in this paragraph for such coun-
 ty for the period beginning March first, two thousand  two,  and  ending
 November thirtieth, two thousand [twenty] TWENTY-THREE; and also (ii) at
 a  rate  which  is  three-eighths of one percent additional to the three
 percent rate authorized above in this paragraph, and which is also addi-
 tional to the five-eighths of one percent rate also authorized above  in
 this  clause  for such county, for the period beginning March first, two
 thousand seven and ending  November  thirtieth,  two  thousand  [twenty]
 TWENTY-THREE;
   § 2. Section 1262-l of the tax law, as amended by section 2 of subpart
 MM  of  part  A of chapter 61 of the laws of 2017, is amended to read as
 follows:
   § 1262-1. Allocation and distribution  of  net  collections  from  the
 additional rate of sales and compensating use tax in Rockland county. 1.
 Notwithstanding  any  provision of law to the contrary, if the county of
 Rockland imposes the additional five-eighths of one percent rate of  tax
 authorized  by  section  twelve  hundred  ten of this article during the
 period beginning March first, two  thousand  two,  and  ending  November
 thirtieth,  two  thousand [twenty] TWENTY-THREE, such county shall allo-
 cate and distribute twenty percent of  the  net  collections  from  such
 additional  rate  to  the towns and villages in the county in accordance
 with subdivision (c) of section twelve hundred sixty-two of this part on
 the basis of the ratio which the population of each such town or village
 bears to such county's total population; and
   2. Notwithstanding any provision of law to the contrary, if the county
 of Rockland imposes the additional three-eighths of one percent rate  of
 tax  authorized by section twelve hundred ten of this article during the
 period beginning March first, two thousand seven,  and  ending  November
 thirtieth,  two  thousand [twenty] TWENTY-THREE, such county shall allo-
 cate  and  distribute  sixteen  and  two-thirds  percent  of   the   net

 S. 7508--B                         210                        A. 9508--B

 collections  from such additional rate to the general funds of towns and
 villages within the county of Rockland with existing  town  and  village
 police departments from March first, two thousand seven through December
 thirty-first,  two thousand seven and thirty-three and one-third percent
 of the net collections from such additional rate from January first, two
 thousand eight through November thirtieth, two thousand  [twenty]  TWEN-
 TY-THREE. The monies allocated and distributed pursuant to this subdivi-
 sion  shall  be  allocated  and  distributed  to towns and villages with
 police departments on the basis of the number  of  full-time  equivalent
 police officers employed by each police department and shall not be used
 for salaries heretofore or hereafter negotiated.
   § 3. This act shall take effect immediately.

                                  ITEM NN
 
   Section  1.  Clause 41 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  NN  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (41)  The  county  of  St.  Lawrence  is hereby further authorized and
 empowered to adopt and  amend  local  laws,  ordinances  or  resolutions
 imposing  such  taxes  at  a  rate that is one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for  the  period  beginning  December  first,  two thousand thirteen and
 ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM OO
 
   Section 1. Clause 31 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart OO of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (31) the county  of  Schenectady  is  hereby  further  authorized  and
 empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
 imposing such taxes at a rate which is one-half  of  one  percent  addi-
 tional  to the three percent rate authorized above in this paragraph for
 such county for the period beginning June first, two thousand three, and
 ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM PP
 
   Section 1. Clause 35 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart PP of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (35)  the  county  of  Schoharie  is  hereby  further  authorized  and
 empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
 imposing such taxes at a rate which is one  percent  additional  to  the
 three  percent  rate  authorized above in this paragraph for such county
 for the period beginning June  first,  two  thousand  four,  and  ending
 November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM QQ

 S. 7508--B                         211                        A. 9508--B
 
   Section  1.  Clause 22 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  QQ  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (22) the county of Schuyler is hereby further authorized and empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning September first,  nineteen  hundred  ninety-nine,  and  ending
 November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM RR
 
   Section  1.  Clause 28 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  RR  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (28)  the  county of Seneca is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes at a rate that is one percent additional to the three percent rate
 authorized above in this paragraph for such county for the period begin-
 ning December first, two thousand two and ending November thirtieth, two
 thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM SS
 
   Section  1.  Clause 26 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  SS  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (26)  the county of Steuben is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning  December first, nineteen hundred ninety-two and ending Novem-
 ber thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. Section 1262-h of the tax law, as amended by section 2 of subpart
 SS of part A of chapter 61 of the laws of 2017, is amended  to  read  as
 follows:
   §  1262-h.  Allocation  and  distribution  of net collections from the
 additional one percent rate of sales and compensating use taxes in Steu-
 ben county. Notwithstanding any provision of law to the contrary, of the
 net collections received by the county of Steuben as  a  result  of  the
 imposition  of  the  additional  one  percent  rate of tax authorized by
 section twelve hundred ten of this article (a) during the period  begin-
 ning  December  first, nineteen hundred ninety-three and ending November
 thirtieth, nineteen hundred ninety-four, the county of Steuben shall pay
 or cause to be paid to the city of Hornell the sum of two hundred  thou-
 sand  dollars,  to the city of Corning the sum of three hundred thousand
 dollars, and the sum of five hundred thousand dollars to the  towns  and
 villages  of  the county of Steuben, on the basis of the ratio which the
 full valuation of real property in each town or  village  bears  to  the
 aggregate  full  valuation  of  real  property  in  all of the towns and
 villages in such area. Of the net collections received by the county  of
 Steuben  as  a  result  of the imposition of said additional one percent
 rate of tax authorized by section twelve hundred  ten  of  this  article
 during the period beginning December first, nineteen hundred ninety-four

 S. 7508--B                         212                        A. 9508--B
 
 and  ending November thirtieth, nineteen hundred ninety-five, the county
 of Steuben shall pay or cause to be paid to the city of Hornell the  sum
 of  three  hundred  thousand  dollars, to the city of Corning the sum of
 four  hundred fifty thousand dollars, and the sum of seven hundred fifty
 thousand dollars to the towns and villages of the county of Steuben,  on
 the basis of the ratio which the full valuation of real property in each
 town  or  village bears to the aggregate full valuation of real property
 in all of the towns and villages in such area; and (b) during the period
 beginning December first, nineteen hundred ninety-five and ending Novem-
 ber thirtieth, two thousand seven, the county of Steuben shall  annually
 pay  or  cause to be paid to the city of Hornell the sum of five hundred
 fifty thousand dollars, to the city of Corning the sum  of  six  hundred
 thousand dollars, and the sum of seven hundred fifty thousand dollars to
 the  towns  and  villages  of the county of Steuben, on the basis of the
 ratio which the full valuation of real property in each town or  village
 bears  to  the  aggregate  full valuation of real property in all of the
 towns and villages in such area; and during the period beginning  Decem-
 ber  first,  two thousand seven and ending November thirtieth, two thou-
 sand nine, the county of Steuben shall annually pay or cause to be  paid
 to  the  city of Hornell the sum of six hundred ten thousand dollars, to
 the city of Corning the sum of six hundred fifty thousand  dollars,  and
 the  sum  of  seven  hundred  fifty  thousand  dollars  to the towns and
 villages of the county of Steuben, on the basis of the ratio  which  the
 full  valuation  of  real  property in each town or village bears to the
 aggregate full valuation of real  property  in  all  of  the  towns  and
 villages  in  such area; and during the period beginning December first,
 two thousand nine and ending November thirtieth,  two  thousand  eleven,
 the county of Steuben shall annually pay or cause to be paid to the city
 of Hornell the sum of seven hundred ten thousand dollars, to the city of
 Corning  the  sum  of seven hundred ten thousand dollars, and the sum of
 seven hundred fifty thousand dollars to the towns and  villages  of  the
 county of Steuben, on the basis of the ratio which the full valuation of
 real  property in each town or village bears to the aggregate full valu-
 ation of real property in all of the towns and villages  in  such  area;
 and  during the period beginning December first, two thousand eleven and
 ending November thirtieth, two thousand thirteen, the county of  Steuben
 shall annually pay or cause to be paid to the city of Hornell the sum of
 seven  hundred forty thousand dollars, to the city of Corning the sum of
 seven hundred forty thousand dollars, and the sum of seven hundred fifty
 thousand dollars to the towns and villages of the county of Steuben,  on
 the basis of the ratio which the full valuation of real property in each
 town  or  village bears to the aggregate full valuation of real property
 in all of the towns and villages in such area;  and  during  the  period
 beginning  December  first,  two  thousand  thirteen and ending November
 thirtieth, two thousand fifteen, the county of  Steuben  shall  annually
 pay  or cause to be paid to the city of Hornell the sum of seven hundred
 sixty-five thousand dollars, to the city of Corning  the  sum  of  seven
 hundred  sixty-five thousand dollars, and the sum of seven hundred fifty
 thousand dollars to the towns and villages of the county of Steuben,  on
 the basis of the ratio which the full valuation of real property in each
 town  or  village bears to the aggregate full valuation of real property
 in all of the towns and villages in such area;  and  during  the  period
 beginning December first, two thousand fifteen and ending November thir-
 tieth,  two thousand seventeen, the county of Steuben shall annually pay
 or cause to be paid to the city of Hornell  the  sum  of  seven  hundred
 sixty-five  thousand  dollars,  to  the city of Corning the sum of seven

 S. 7508--B                         213                        A. 9508--B
 
 hundred sixty-five thousand dollars, and the sum of seven hundred  fifty
 thousand  dollars to the towns and villages of the county of Steuben, on
 the basis of the ratio which the full valuation of real property in each
 town  or  village bears to the aggregate full valuation of real property
 in all of the towns and villages in such area;  and  during  the  period
 beginning  December  first,  two  thousand seventeen and ending November
 thirtieth, two thousand twenty, the county of Steuben shall annually pay
 or cause to be paid to the city of Hornell  the  sum  of  seven  hundred
 eighty thousand dollars, to the city of Corning the sum of seven hundred
 eighty  thousand  dollars,  and  the sum of seven hundred fifty thousand
 dollars to the towns and villages of the county of Steuben, on the basis
 of the ratio which the full valuation of real property in each  town  or
 village bears to the aggregate full valuation of real property in all of
 the  towns  and  villages  in such area; AND DURING THE PERIOD BEGINNING
 DECEMBER FIRST, TWO THOUSAND TWENTY AND ENDING NOVEMBER  THIRTIETH,  TWO
 THOUSAND TWENTY-THREE, THE COUNTY OF STEUBEN SHALL ANNUALLY PAY OR CAUSE
 TO  BE PAID TO THE CITY OF HORNELL THE SUM OF SEVEN HUNDRED EIGHTY THOU-
 SAND DOLLARS, TO THE CITY OF CORNING THE SUM  OF  SEVEN  HUNDRED  EIGHTY
 THOUSAND DOLLARS, AND THE SUM OF SEVEN HUNDRED FIFTY THOUSAND DOLLARS TO
 THE  TOWNS  AND  VILLAGES  OF THE COUNTY OF STEUBEN, ON THE BASIS OF THE
 RATIO WHICH THE FULL VALUATION OF REAL PROPERTY IN EACH TOWN OR  VILLAGE
 BEARS  TO  THE  AGGREGATE  FULL VALUATION OF REAL PROPERTY IN ALL OF THE
 TOWNS AND VILLAGES IN SUCH AREA.
   § 3. This act shall take effect immediately.
 
                                  ITEM TT
 
   Section 1. Clause 14 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart TT of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (14) the county of Suffolk is hereby further authorized and  empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning June first, two thousand one and  ending  November  thirtieth,
 two thousand [twenty] TWENTY-THREE;
   §  2.  Subdivision (c) of section 1262-j of the tax law, as amended by
 section 2 of subpart TT of part A of chapter 61 of the laws of 2017,  is
 amended to read as follows:
   (c)  Notwithstanding  any provision of law to the contrary, of the net
 collections received by the  county  of  Suffolk  as  a  result  of  the
 increase  of one percent to the tax authorized by section twelve hundred
 ten of this article for the period beginning June  first,  two  thousand
 one  and  ending November thirtieth, two thousand [twenty] TWENTY-THREE,
 imposed by local laws or resolutions (by simple majority) by the  county
 legislature,  and  signed by the county executive, the county of Suffolk
 shall allocate such net collections as follows: no less than  one-eighth
 and no more than three-eighths of such net collections received shall be
 dedicated  for public safety purposes and the balance shall be deposited
 in the general fund of the county of Suffolk.
   § 3. This act shall take effect immediately.
 
                                  ITEM UU

 S. 7508--B                         214                        A. 9508--B
 
   Section 1. Clause 33 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart UU of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (33) the county of Sullivan is hereby further authorized and empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate that is: (i) one-half of one percent additional  to  the
 three  percent  rate  authorized above in this paragraph for such county
 for the period beginning June first,  two  thousand  three,  and  ending
 November  thirtieth,  two  thousand  [twenty]  TWENTY-THREE; and (ii) an
 additional one-half of one  percent  in  addition  to  the  other  rates
 authorized above in this paragraph for such county for the period begin-
 ning  June  first, two thousand seven and ending November thirtieth, two
 thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM VV
 
   Section 1. Clause 17 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart VV of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (17) the county of Tioga is hereby further authorized and empowered to
 adopt and amend local laws,  ordinances  or  resolutions  imposing  such
 taxes  at a rate which is: (i) one-half of one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for the period beginning September first, nineteen hundred ninety-three,
 and  ending November thirtieth, two thousand three; and (ii) one percent
 additional to the three percent rate authorized above in this  paragraph
 for  such  county  for the period beginning December first, two thousand
 five, and ending November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM WW
 
   Section 1. Clause 11 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart WW of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (11) the county of Tompkins is hereby further authorized and empowered
 to adopt and amend local laws, ordinances or resolutions  imposing  such
 taxes at a rate which is one-half or one percent additional to the three
 percent  rate authorized above in this paragraph for such county for the
 period beginning December first, nineteen hundred ninety-two and  ending
 November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM XX
 
   Section  1.  Clause  7 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of  subpart  XX  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (7) the county of Ulster is hereby further authorized and empowered to
 adopt  and  amend  local  laws,  ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning September first, two thousand two and ending November  thirti-
 eth, two thousand [twenty] TWENTY-THREE;

 S. 7508--B                         215                        A. 9508--B
 
   § 2. Section 3 of chapter 200 of the laws of 2002 amending the tax law
 relating  to  certain  tax  rates  imposed  by  the county of Ulster, as
 amended by section 2 of subpart XX of part A of chapter 61 of  the  laws
 of 2017, is amended to read as follows:
   §  3.  If, pursuant to the authority of this act, the county of Ulster
 imposes sales and compensating use taxes at a rate  greater  than  three
 percent  for  all  or  any portion of the period commencing September 1,
 2002, and ending November 30, [2020] 2023,  net  collections  from  such
 additional rate of tax imposed during such period shall be deemed to be,
 and  shall  be  included  in,  net  collections subject to such county's
 existing agreement with the city of Kingston entered  into  pursuant  to
 subdivision  (c) of section 1262 of the tax law and such net collections
 shall be allocated in accordance with such agreement.
   § 3. This act shall take effect immediately.
 
                                  ITEM YY
 
   Section 1. Clause 34 of subparagraph (i) of the opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart YY of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (34) the county of Wayne is hereby further authorized and empowered to
 adopt and amend local laws,  ordinances  or  resolutions  imposing  such
 taxes at a rate that is one percent additional to the three percent rate
 authorized above in this paragraph for such county for the period begin-
 ning  December  first, two thousand five, and ending November thirtieth,
 two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                  ITEM ZZ
 
   Section 1. Clause 6 of subparagraph (i) of the  opening  paragraph  of
 section  1210  of  the tax law, as amended by section 1 of subpart ZZ of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (6) the county of Wyoming is hereby further authorized  and  empowered
 to  adopt  and amend local laws, ordinances or resolutions imposing such
 taxes at a rate which is one percent additional  to  the  three  percent
 rate  authorized  above in this paragraph for such county for the period
 beginning September first, nineteen hundred ninety-two and ending Novem-
 ber thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                 ITEM AAA
 
   Section 1. Clause 30 of subparagraph (i) of the opening  paragraph  of
 section  1210  of the tax law, as amended by section 1 of subpart AAA of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (30) the county of Yates is hereby further authorized and empowered to
 adopt and amend local laws,  ordinances  or  resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such county for  the  period
 beginning September first, two thousand three, and ending November thir-
 tieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                 ITEM BBB

 S. 7508--B                         216                        A. 9508--B
 
   Section  1.  Clause 6 of subparagraph (ii) of the opening paragraph of
 section 1210 of the tax law, as amended by section 1 of subpart  BBB  of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (6)  the  city of Oswego is hereby further authorized and empowered to
 adopt and amend local laws,  ordinances  or  resolutions  imposing  such
 taxes  at  a  rate  which is one percent additional to the three percent
 rate authorized above in this paragraph for such  city  for  the  period
 beginning  September first, two thousand four, and ending November thir-
 tieth, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                 ITEM CCC
 
   Section 1. Clause 1 of subparagraph (ii) of the opening  paragraph  of
 section  1210  of the tax law, as amended by section 1 of subpart CCC of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (1) the city of Yonkers is hereby further authorized and empowered  to
 adopt  and  amend  local  laws,  ordinances or resolutions imposing such
 taxes at a rate which is:  (a)  one  percent  additional  to  the  three
 percent  rate  authorized above in this paragraph for such city; and (b)
 one-half of one percent in addition to the  other  rates  authorized  in
 this  paragraph  for such city for the period beginning September first,
 two thousand fifteen and ending November thirtieth, two thousand  [twen-
 ty] TWENTY-THREE;
   § 2. Section 7 of chapter 67 of the laws of 2015, amending the tax law
 relating  to  authorizing the city of Yonkers to impose additional sales
 tax, as amended by section 2 of subpart CCC of part A of chapter  61  of
 the laws of 2017, is amended to read as follows:
   §  7.  This  act shall take effect immediately and shall expire and be
 deemed repealed November 30, [2020] 2023.
   § 3. This act shall take effect immediately; provided,  however,  that
 the amendments to clause 1 of subparagraph (ii) of the opening paragraph
 of section 1210 of the tax law made by section one of this act shall not
 affect  the  expiration and reversion of such clause and shall be deemed
 expired therewith.
 
                                 ITEM DDD
 
   Section 1. Clause 4 of subparagraph (ii) of the opening  paragraph  of
 section  1210  of the tax law, as amended by section 1 of subpart DDD of
 part A of chapter 61 of the laws of 2017, is amended to read as follows:
   (4) the  city  of  New  Rochelle  is  hereby  further  authorized  and
 empowered  to  adopt  and  amend  local  laws, ordinances or resolutions
 imposing such taxes at a rate which is one  percent  additional  to  the
 three  percent rate authorized above in this paragraph for such city for
 the period beginning September first, nineteen hundred ninety-three  and
 ending December thirty-first, two thousand [twenty] TWENTY-THREE;
   § 2. This act shall take effect immediately.
 
                                 ITEM EEE
 
   Section  1.  Clause 42 of subparagraph (i) of the opening paragraph of
 section 1210 of the tax law, as amended by chapter 43  of  the  laws  of
 2019, is amended to read as follows:
   (42)  the  county  of  Westchester  is  hereby  further authorized and
 empowered to adopt and  amend  local  laws,  ordinances  or  resolutions

 S. 7508--B                         217                        A. 9508--B
 
 imposing  such  taxes  at  a  rate that is one percent additional to the
 three percent rate authorized above in this paragraph  for  such  county
 for  the period beginning August first, two thousand nineteen and ending
 November thirtieth, two thousand [twenty] TWENTY-THREE;
   § 2. Subdivision e of section 4 and section 5, 7 and 16 of chapter 272
 of  the  laws  of  1991,  amending the tax law relating to the method of
 disposition of sales and compensating use  tax  revenue  in  Westchester
 county  and  enacting the Westchester county spending limitation act, as
 amended by chapter 43 of the laws  of  2019,  are  amended  to  read  as
 follows:
   e.  "Spending  limitation" means the maximum amount of county spending
 established in county fiscal years 1992, 1993, 1994, 1995,  1996,  1997,
 1998,  1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [and],  2020,
 2021, 2022 AND 2023.
   § 5. Establishment of annual spending limitation. a. For county fiscal
 years  1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002,
 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013,  2014,
 2015,  2016,  2017,  2018,  2019  [and], 2020, 2021, 2022 AND 2023 there
 shall be in effect an annual spending limitation. The  spending  limita-
 tion  shall  be  derived from a fixed percentage reflecting the ratio of
 base year spending to county personal income. County personal income for
 such calculation shall be for the period January 1, 1986 through  Decem-
 ber 31, 1986. Such percentage shall be applied to county personal income
 for  the  period January 1, 1989 through December 31, 1989, to determine
 the spending limitation for county fiscal year 1992;  to  determine  the
 spending  limitation  for county fiscal year 1993, such percentage shall
 be applied to county personal income for  the  period  January  1,  1990
 through  December  31,  1990;  to  determine the spending limitation for
 county fiscal year 1994, such percentage  shall  be  applied  to  county
 personal  income  for  the  period  January 1, 1991 through December 31,
 1991; to determine the spending limitation for county fiscal year  1995,
 such percentage shall be applied to county personal income for the peri-
 od  January 1, 1992 through December 31, 1992; to determine the spending
 limitation for county fiscal year 1996, such percentage shall be applied
 to county personal income for the period January 1, 1993 through  Decem-
 ber  31,  1993;  to  determine the spending limitation for county fiscal
 year 1997, such percentage shall be applied to  county  personal  income
 for  the  period January 1, 1994 through December 31, 1994; to determine
 the spending limitation for county fiscal  year  1998,  such  percentage
 shall  be  applied  to  county personal income for the period January 1,
 1995 through December 31, 1995; to determine the spending limitation for
 county fiscal year 1999, such percentage  shall  be  applied  to  county
 personal  income  for  the  period  January 1, 1996 through December 31,
 1996; to determine the spending limitation for county fiscal year  2000,
 such percentage shall be applied to county personal income for the peri-
 od  January 1, 1997 through December 31, 1997; to determine the spending
 limitation for county fiscal year 2001, such percentage shall be applied
 to county personal income for the period January 1, 1998 through  Decem-
 ber  31,  1998;  to  determine the spending limitation for county fiscal
 year 2002, such percentage shall be applied to  county  personal  income
 for  the  period January 1, 1999 through December 31, 1999; to determine
 the spending limitation for county fiscal  year  2003,  such  percentage
 shall  be  applied  to  county personal income for the period January 1,
 2000 through December 31, 2000; to determine the spending limitation for
 county fiscal year 2004, such percentage  shall  be  applied  to  county

 S. 7508--B                         218                        A. 9508--B
 
 personal  income  for  the  period  January 1, 2001 through December 31,
 2001; to determine the spending limitation for county fiscal year  2005,
 such percentage shall be applied to county personal income for the peri-
 od  January 1, 2002 through December 31, 2002; to determine the spending
 limitation for county fiscal year 2006, such percentage shall be applied
 to county personal income for the period January 1, 2003 through  Decem-
 ber 31, 2003; to determine the spending limitation for the county fiscal
 year  2007,  such  percentage shall be applied to county personal income
 for the period January 1, 2004 through December 31, 2004;  to  determine
 the spending limitation for the county fiscal year 2008, such percentage
 shall  be  applied  to  county personal income for the period January 1,
 2005 through December 31, 2005; to determine the spending limitation for
 the county fiscal year 2009, such percentage shall be applied to  county
 personal  income  for  the  period  January 1, 2006 through December 31,
 2006; to determine the spending limitation for the  county  fiscal  year
 2010, such percentage shall be applied to county personal income for the
 period  January  1,  2007  through  December  31, 2007; to determine the
 spending limitation for the county fiscal  year  2011,  such  percentage
 shall  be  applied  to  county personal income for the period January 1,
 2008 through December 31, 2008; to determine the spending limitation for
 the county fiscal year 2012, such percentage shall be applied to  county
 personal  income  for  the  period  January 1, 2009 through December 31,
 2009; to determine the spending limitation for the  county  fiscal  year
 2013, such percentage shall be applied to county personal income for the
 period  January  1,  2010  through  December  31, 2010; to determine the
 spending limitation for the county fiscal  year  2014,  such  percentage
 shall  be  applied  to  county personal income for the period January 1,
 2011 through December 31, 2011; to determine the spending limitation for
 the county fiscal year 2015, such percentage shall be applied to  county
 personal  income  for  the  period  January 1, 2012 through December 31,
 2012; to determine the spending limitation for county fiscal year  2016,
 such  percentage  shall be applied to the county personal income for the
 period January 1, 2013 through  December  31,  2013;  to  determine  the
 spending  limitation  for  the  county fiscal year 2017, such percentage
 shall be applied to county personal income for  the  period  January  1,
 2014 through December 31, 2014; and to determine the spending limitation
 for  county  fiscal  year  2018, such percentage shall be applied to the
 county personal income for the period January 1, 2015  through  December
 31,  2015;  to  determine  the spending limitation for the county fiscal
 year 2019, such percentage shall be applied to  county  personal  income
 for  the period January 1, 2016 through December 31, 2016; and to deter-
 mine the spending limitation for county fiscal year 2020, such  percent-
 age  shall be applied to the county personal income for the period Janu-
 ary 1, 2017 through December 31, 2017; AND  TO  DETERMINE  THE  SPENDING
 LIMITATION  FOR  THE  COUNTY  FISCAL YEAR 2021, SUCH PERCENTAGE SHALL BE
 APPLIED TO COUNTY PERSONAL INCOME FOR THE PERIOD JANUARY 1, 2018 THROUGH
 DECEMBER 31, 2018; AND TO DETERMINE  THE  SPENDING  LIMITATION  FOR  THE
 COUNTY  FISCAL  YEAR  2022,  SUCH  PERCENTAGE SHALL BE APPLIED TO COUNTY
 PERSONAL INCOME FOR THE PERIOD JANUARY  1,  2019  THROUGH  DECEMBER  31,
 2019;  AND  TO  DETERMINE  THE SPENDING LIMITATION FOR THE COUNTY FISCAL
 YEAR 2023, SUCH PERCENTAGE SHALL BE APPLIED TO  COUNTY  PERSONAL  INCOME
 FOR THE PERIOD JANUARY 1, 2020 THROUGH DECEMBER 31, 2020.
   b.  The  spending  limitation shall serve as a statutory cap on county
 spending to be reflected in the tentative budget as well as the  enacted
 budget for county fiscal years beginning in 1992.

 S. 7508--B                         219                        A. 9508--B
 
   §  7.  Mandatory  tax reduction. In the event that the county spending
 subject to the spending limitation exceeds such limitation in the  adop-
 tive  county budget for county fiscal year 1992, 1993, 1994, 1995, 1996,
 1997, 1998, 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007,  2008,
 2009,  2010,  2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019 [or],
 2020, 2021, 2022 OR 2023 then section 1262-b of the  tax  law  shall  be
 repealed.
   §  16. This act shall take effect immediately, provided, however, that
 sections one through seven of this act shall be in full force and effect
 until November 30, [2020] 2023.
   § 3. Section 6-a of chapter 44 of the laws of 2019, amending  the  tax
 law relating to authorizing the county of Westchester to impose an addi-
 tional rate of sales and compensating use tax, as added by chapter 43 of
 the laws of 2019, is amended to read as follows:
   §  6-a.  Notwithstanding any other provision of any state or local law
 to the contrary, any local law, ordinance or resolution enacted, adopted
 or amended to impose the sales and compensating use  taxes  at  the  one
 percent  additional  rate  of  tax authorized by this act for the period
 beginning August 1, 2019, and ending November  30,  [2020]  2023,  shall
 take  effect  on that date in accordance with the provisions of subdivi-
 sion (d) of section 1210 of the tax law,  except  that  such  additional
 rate  may take effect on August 1, 2019, and the minimum notice require-
 ments shall be deemed complied with if such county mails,  by  certified
 or  registered  mail,  a  certified copy of such local law, ordinance or
 resolution to the commissioner of taxation and finance  at  his  or  her
 office in Albany no later than July 1, [2019] 2020.
   §  4. This act shall take effect immediately; provided that the amend-
 ments made to section 4, 5 and 7 of chapter 272 of the laws of 1991 made
 by section two of this act shall  not  affect  the  expiration  of  such
 sections and shall be deemed repealed therewith.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or item of this subpart 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 item 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 part would have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Items A through  EEE  of  this  Subpart
 shall be as specifically set forth in the last section of such Items.

                                 SUBPART D
 
   Section  1. This Subpart enacts into law legislation providing for the
 imposition of hotel and motel taxes by certain counties. Each  component
 is  wholly contained within an Item identified as Items A through D. The
 effective date for each particular provision contained within an Item is
 set forth in the last section of such Item. Any provision of any section
 contained within an Item, including the  effective  date  of  the  Item,
 which  makes  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 Item in which it is found.
 Section three of this Subpart sets forth the general effective  date  of
 this Subpart.

 S. 7508--B                         220                        A. 9508--B
 
                                  ITEM A
 
   Section  1. Subdivision 7 of section 1202-q of the tax law, as amended
 by section 1 of subpart A of part B of chapter 61 of the laws  of  2017,
 is amended to read as follows:
   (7)  Such  local  law  shall  provide for the imposition of a hotel or
 motel tax for a period to expire on December thirty-first, two  thousand
 [twenty] TWENTY-THREE.
   §  2.  Section  6 of chapter 179 of the laws of 2000, amending the tax
 law, relating to hotel and motel taxes in Nassau county and a  surcharge
 on  tickets  to  places  of  entertainment in such county, as amended by
 section 2 of subpart A of part B of chapter 61 of the laws of  2017,  is
 amended to read as follows:
   §  6. This act shall take effect immediately, except that section five
 of this act shall take effect on the same date as a chapter of the  laws
 of  2000 amending the public authorities law and the tax law relating to
 creating the Nassau  county  interim  finance  authority  takes  effect;
 provided,  further,  that sections two, three and four of this act shall
 expire and be deemed repealed December 31, [2020] 2023.
   § 3. This act shall take effect immediately.
 
                                  ITEM B
 
   Section 1. Section 2 of chapter 405 of the laws of 2007, amending  the
 tax  law  relating to increasing hotel/motel taxes in Chautauqua county,
 as amended by section 1 of subpart B of part B of chapter 61 of the laws
 of 2017, is amended to read as follows:
   § 2. This act shall take effect December 1, 2007 and shall expire  and
 be deemed repealed November 30, [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM C
 
   Section  1. Subdivision 7 of section 1202-o of the tax law, as amended
 by section 1 of subpart C of part B of chapter 61 of the laws  of  2017,
 is amended to read as follows:
   (7)  Such  local  law  shall  provide for the imposition of a hotel or
 motel tax until December thirty-first,  two  thousand  [twenty]  TWENTY-
 THREE.
   § 2. This act shall take effect immediately.
 
                                  ITEM D
 
   Section  1.  Section  3  of  chapter 105 of the laws of 2009, amending
 chapter 693 of the laws of 1980 enabling the county of Albany to  impose
 and  collect taxes on occupancy of hotel or motel rooms in Albany county
 relating to revenues received from the  collection  of  hotel  or  motel
 occupancy  taxes,  as  amended  by  chapter  134 of the laws of 2018, is
 amended to read as follows:
   § 3. This act shall take effect upon the adoption  by  the  county  of
 Albany  of  a local law imposing in such county the additional occupancy
 tax authorized by this act and  shall  expire  and  be  deemed  repealed
 December  31,  [2020] 2023; provided that Albany county shall notify the
 legislative bill drafting commission upon the occurrence of  the  enact-
 ment  of  such  local  law  in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws

 S. 7508--B                         221                        A. 9508--B
 
 of the state of New York in furtherance of effecting the  provisions  of
 section  44  of the legislative law and section 70-b of the public offi-
 cers law.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or item of this subpart 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 item 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 subpart would have been enacted even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Items A through D of this Subpart shall
 be as specifically set forth in the last section of such Items.
 
                                 SUBPART E
 
   Section 1. This Subpart enacts into law legislation providing for  the
 imposition of a county recording tax on obligation secured by a mortgage
 on  real  property.  Each  component  is wholly contained within an Item
 identified as Items A through N. The effective date for each  particular
 provision  contained  within an Item is set forth in the last section of
 such Item. Any provision of any section contained within a Item, includ-
 ing the effective date of the Item, which makes 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
 Item  in which it is found. Section three of this Subpart sets forth the
 general effective date of this Subpart.
 
                                  ITEM A
 
   Section 1. Section 2 of chapter 333 of the laws of 2006  amending  the
 tax  law  relating  to  authorizing  the county of Schoharie to impose a
 county recording tax on obligation secured by a mortgage on real proper-
 ty, as amended by section 1 of subpart A of part C of chapter 61 of  the
 laws of 2017, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on and after December 1, [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM B
 
   Section 1. Section 2 of chapter 326 of the laws of 2006, amending  the
 tax law relating to authorizing the county of Hamilton to impose a coun-
 ty  recording  tax on obligations secured by mortgages on real property,
 as amended by section 1 of subpart B of part C of chapter 61 of the laws
 of 2017, is amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed December 1, [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM C

 S. 7508--B                         222                        A. 9508--B
 
   Section  1. Section 2 of chapter 489 of the laws of 2004, amending the
 tax law relating to the mortgage recording tax in the county of  Fulton,
 as amended by section 1 of subpart C of part C of chapter 61 of the laws
 of 2017, is amended to read as follows:
   §  2. This act shall take effect immediately and shall expire November
 30, [2020] 2023 when upon such date the provisions of this act shall  be
 deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  ITEM D
 
   Section  1.  Subdivision 1 of section 253-d of the tax law, as amended
 by section 1 of subpart D of part C of chapter 61 of the laws  of  2017,
 is amended to read as follows:
   1.  The city of Yonkers, acting through its local legislative body, is
 hereby authorized and empowered to adopt and amend local  laws  imposing
 in  any  such city during the period beginning September first, nineteen
 hundred ninety-three and ending August thirty-first, two thousand [twen-
 ty] TWENTY-THREE, a tax of fifty cents for each one hundred dollars  and
 each  remaining  major  fraction thereof of principal debt or obligation
 which is or under  any  contingency  may  be  secured  at  the  date  of
 execution  thereof,  or  at  any  time thereafter, by a mortgage on real
 property situated within such city and recorded on  or  after  the  date
 upon  which such tax takes effect and a tax of fifty cents on such mort-
 gage if the principal debt or obligation which is or by any  contingency
 may be secured by such mortgage is less than one hundred dollars.
   § 2. This act shall take effect immediately.
 
                                  ITEM E
 
   Section  1.  Section 2 of chapter 443 of the laws of 2007 amending the
 tax law relating to authorizing the county  of  Cortland  to  impose  an
 additional  mortgage recording tax, as amended by section 1 of subpart E
 of part C of chapter 61 of the laws of  2017,  is  amended  to  read  as
 follows:
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall expire and be deemed  repealed  December  1,
 [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM F
 
   Section  1. Section 2 of chapter 579 of the laws of 2004, amending the
 tax law relating to authorizing the county of Genesee to impose a county
 recording tax on obligation secured by a mortgage on real  property,  as
 amended by section 1 of subpart F of part C of chapter 61 of the laws of
 2017, is amended to read as follows:
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law; and shall expire on November  1,  [2020]  2023,  when
 upon such date the provisions of this act shall be deemed repealed.
   § 2. This act shall take effect immediately.
 
                                  ITEM G
 
   Section  1. Section 2 of chapter 366 of the laws of 2005, amending the
 tax law relating to authorizing the county of Yates to impose  a  county

 S. 7508--B                         223                        A. 9508--B
 
 recording  tax on obligations secured by a mortgage on real property, as
 amended by section 1 of subpart G of part C of chapter 61 of the laws of
 2017, is amended to read as follows:
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and be deemed repealed on December 1,
 [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM H

   Section 1. Section 3 of chapter 365 of the laws of 2005, amending  the
 tax law relating to the mortgage recording tax in the county of Steuben,
 as amended by section 1 of subpart H of part C of chapter 61 of the laws
 of 2017, is amended to read as follows:
   § 3. This act shall take effect immediately except that section two of
 this  act  shall  take  effect  on the thirtieth day after it shall have
 become a law and shall expire and be  deemed  repealed  on  December  1,
 [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM I
 
   Section  1.  Section 2 of chapter 405 of the laws of 2005 amending the
 tax law relating to authorizing the county of Albany to impose a  county
 recording  tax on obligations secured by a mortgage on real property, as
 amended by chapter 346 of the laws  of  2018,  is  amended  to  read  as
 follows:
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire and be deemed repealed on  the  first
 of December, [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                  ITEM J
 
                           Intentionally Omitted
 
                                  ITEM K
 
                           Intentionally Omitted
 
                                  ITEM L
 
   Section  1.  Section 2 of chapter 218 of the laws of 2009 amending the
 tax law relating to authorizing the county of Greene to impose an  addi-
 tional  mortgage  recording tax, as amended by chapter 13 of the laws of
 2019, is amended to read as follows:
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law and shall expire and be deemed repealed December 1,
 [2020] 2023.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after December 1, 2019.
 
                                  ITEM M
 
   Section  1. Section 2 of chapter 368 of the laws of 2008, amending the
 tax law relating to authorizing the county of Warren to impose an  addi-

 S. 7508--B                         224                        A. 9508--B
 
 tional  mortgage  recording tax, as amended by chapter 15 of the laws of
 2019, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed December 1, [2020] 2023.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after December 1, 2019.
 
                                  ITEM N
 
   Section  1.  Section 2 of chapter 549 of the laws of 2005 amending the
 tax law relating to authorizing the county of Herkimer to impose a coun-
 ty recording tax on obligation secured by a mortgage on  real  property,
 as  amended  by  chapter  141 of the laws of 2018, is amended to read as
 follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed on December 1, [2020] 2023.
   § 2. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or item of this subpart 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 item 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 part would have  been  enacted  even  if  such
 invalid provisions had not been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Items A through N of this Subpart shall
 be as specifically set forth in the last section of such Items.
 
                                 SUBPART F
   Section 1. Section 2 of chapter 556 of the laws of 2007  amending  the
 tax  law  relating  to  imposing  an additional real estate transfer tax
 within the county of Columbia, as amended by section  1  of  part  D  of
 chapter 61 of the laws of 2017, is amended to read as follows:
   §  2.  This  act shall take effect immediately and shall expire and be
 deemed repealed on December 31, [2020] 2023.
   § 2. This act shall take effect immediately.
 
                                 SUBPART G
 
   Section 1. Paragraph 3 of subdivision (a) of section 1212-a of the tax
 law, as amended by section 1 of part F of chapter  61  of  the  laws  of
 2017, is amended to read as follows:
   (3)  a tax, at the same uniform rate, but at a rate not to exceed four
 and one-half per centum, in multiples of one-half of one per centum,  on
 the  receipts from every sale of any or all of the following services in
 whole or in part: credit rating, credit reporting, credit adjustment and
 collection services, including,  but  not  limited  to,  those  services
 provided  by  mercantile and consumer credit rating or reporting bureaus
 or agencies and credit adjustment or  collection  bureaus  or  agencies,
 whether  rendered in written or oral form or in any other manner, except
 to the extent otherwise taxable under article twenty-eight of this chap-
 ter;  notwithstanding  the  foregoing,  collection  services  shall  not
 include those services performed by a law office or a law and collection
 office,  the maintenance or conduct of which constitutes the practice of

 S. 7508--B                         225                        A. 9508--B
 
 law, if the services are performed by an attorney at law  who  has  been
 duly  licensed and admitted to practice law in this state. The local law
 imposing the taxes authorized by this paragraph may provide  for  exclu-
 sions  and  exemptions  in  addition to those provided for in such para-
 graph. Provided, however, that the tax hereby authorized  shall  not  be
 imposed after November thirtieth, two thousand [twenty] TWENTY-THREE.
   §  2.  Subsection  (a)  of  section 1301 of the tax law, as amended by
 section 2 of part F of chapter 61 of the laws of 2017,  paragraph  1  as
 amended  by  section  1 of part QQ of chapter 59 of the laws of 2018, is
 amended to read as follows:
   (a) Notwithstanding any other provision of law to  the  contrary,  any
 city  in  this state having a population of one million or more inhabit-
 ants, acting through its local legislative body,  is  hereby  authorized
 and  empowered  to adopt and amend local laws imposing in any such city,
 for taxable years beginning after nineteen hundred seventy-five:
   (1) a tax on the personal income of residents of  such  city,  at  the
 rates provided for under subsection (a) of section thirteen hundred four
 of  this  article for taxable years beginning before two thousand [twen-
 ty-one] TWENTY-FOUR, and at the rates provided for under subsection  (b)
 of  section  thirteen  hundred  four  of  this article for taxable years
 beginning after two thousand [twenty] TWENTY-THREE,  provided,  however,
 that  if,  for  any  taxable  year beginning after two thousand [twenty]
 TWENTY-THREE, the rates set forth in such subsection  (b)  are  rendered
 inapplicable and the rates set forth in such subsection (a) are rendered
 applicable,  then  the  tax  for such taxable year shall be at the rates
 provided under subparagraphs (A) of paragraphs one,  two  and  three  of
 such subsection (a),
   (2)  for taxable years beginning after nineteen hundred seventy-six, a
 separate tax on the ordinary income portion of lump sum distributions of
 such residents, at the rates provided  for  herein,  such  taxes  to  be
 administered,  collected and distributed by the commissioner as provided
 for in this article.
   § 3. Subsection (b) of section 1304 of the  tax  law,  as  amended  by
 section  3  of  part  F of chapter 61 of the laws of 2017, is amended to
 read as follows:
   (b) A tax other than the city separate  tax  on  the  ordinary  income
 portion  of  lump sum distributions imposed pursuant to the authority of
 section thirteen hundred one of this  article  shall  be  determined  as
 follows:
   (1)  Resident  married  individuals  filing joint returns and resident
 surviving spouses. The tax under this section for each taxable  year  on
 the  city  taxable  income of every city resident married individual who
 makes a single return jointly with his or her  spouse  under  subsection
 (b)  of  section  thirteen  hundred  six of this article and on the city
 taxable income of every city resident surviving spouse shall  be  deter-
 mined in accordance with the following table:
 
   For taxable years beginning after two thousand [twenty] TWENTY-THREE:
 
 If the city taxable income is:         The tax is:
 Not over $21,600                       1.18% of the city taxable income
 Over $21,600 but not                   $255 plus 1.435% of excess
 over $45,000                             over $21,600
 Over $45,000 but not                   $591 plus 1.455% of excess
 over $90,000                             over $45,000
 Over $90,000                           $1,245 plus 1.48% of excess

 S. 7508--B                         226                        A. 9508--B
 
                                          over $90,000
 
   (2)  Resident heads of households. The tax under this section for each
 taxable year on the city taxable income of every city resident head of a
 household shall be determined in accordance with the following table:
 
   For taxable years beginning after two thousand [twenty] TWENTY-THREE:
 
 If the city taxable income is:         The tax is:
 Not over $14,400                       1.18% of the city taxable income
 Over $14,400 but not                   $170 plus 1.435% of excess
 over $30,000                             over $14,400
 Over $30,000 but not                   $394 plus 1.455% of excess
 over $60,000                             over $30,000
 Over $60,000                           $830 plus 1.48% of excess
                                          over $60,000
 
   (3)  Resident  unmarried  individuals,  resident  married  individuals
 filing  separate  returns and resident estates and trusts. The tax under
 this section for each taxable year on the city taxable income  of  every
 city  resident  individual who is not a city resident married individual
 who makes  a  single  return  jointly  with  his  or  her  spouse  under
 subsection (b) of section thirteen hundred six of this article or a city
 resident  head  of household or a city resident surviving spouse, and on
 the city taxable income of every city resident estate and trust shall be
 determined in accordance with the following table:

   For taxable years beginning after two thousand [twenty] TWENTY-THREE:
 
 If the city taxable income is:         The tax is:
 Not over $12,000                       1.18% of the city taxable income
 Over $12,000 but not                   $142 plus 1.435% of excess
 over $25,000                             over $12,000
 Over $25,000 but not                   $328 plus 1.455% of excess
 over $50,000                             over $25,000
 Over $50,000                           $692 plus 1.48% of excess
                                          over $50,000
   § 4. Subsection (a) of section 1304-B of the tax law,  as  amended  by
 section  4  of  part  F of chapter 61 of the laws of 2017, is amended to
 read as follows:
   (a) (1) In addition to any other taxes authorized by this article, any
 city imposing such taxes is hereby authorized and empowered to adopt and
 amend local laws imposing in any such city for each taxable year  begin-
 ning  after nineteen hundred ninety but before two thousand [twenty-one]
 TWENTY-FOUR, an additional tax on the city taxable income of every  city
 resident individual, estate and trust, to be calculated for each taxable
 year  as  follows:  (i)  for  each taxable year beginning after nineteen
 hundred ninety but before nineteen hundred ninety-nine, at the  rate  of
 fourteen  percent  of  the  sum  of the taxes for each such taxable year
 determined pursuant to section thirteen hundred four and  section  thir-
 teen  hundred  four-A  of  this  article; and (ii) for each taxable year
 beginning after nineteen hundred ninety-eight, at the rate  of  fourteen
 percent  of  the  tax  for such taxable year determined pursuant to such
 section thirteen hundred four.
   (2) Notwithstanding paragraph one of this subsection, for each taxable
 year beginning after nineteen hundred ninety-nine but before  two  thou-

 S. 7508--B                         227                        A. 9508--B
 
 sand [twenty-one] TWENTY-FOUR, any city imposing such additional tax may
 by  local  law  impose  such  tax  at  a rate that is less than fourteen
 percent and may impose such tax at more than one rate depending upon the
 filing  status and city taxable income of such city resident individual,
 estate or trust.
   (3) A local law enacted pursuant to paragraph two of  this  subsection
 shall be applicable with respect to any taxable year only if it has been
 enacted on or before July thirty-first of such year. A certified copy of
 such  local  law shall be mailed by registered mail to the department at
 its office in Albany within fifteen days of its enactment. However,  the
 department  may  allow  additional  time  for  such certified copy to be
 mailed if it deems such action to be consistent with  its  duties  under
 this article.
   § 5. Paragraph E of subdivision 1 of section 11-604 of the administra-
 tive  code of the city of New York, as amended by section 5 of part F of
 chapter 61 of the laws of 2017, is amended to read as follows:
   E. For taxable years beginning on or  after  January  first,  nineteen
 hundred  seventy-eight  but  before January first, two thousand [twenty-
 one] TWENTY-FOUR, the tax imposed by subdivision one of  section  11-603
 of this subchapter shall be, in the case of each taxpayer:
   (a) whichever of the following amounts is the greatest:
   (1)  an  amount  computed, for taxable years beginning before nineteen
 hundred eighty-seven, at the rate of nine per centum,  and  for  taxable
 years  beginning after nineteen hundred eighty-six, at the rate of eight
 and eighty-five one-hundredths per centum, of its entire net  income  or
 the portion of such entire net income allocated within the city as here-
 inafter provided, subject to any modification required by paragraphs (d)
 and (e) of subdivision three of this section,
   (2)  an  amount  computed at one and one-half mills for each dollar of
 its total business and investment capital, or the portion thereof  allo-
 cated  within the city, as hereinafter provided, except that in the case
 of a cooperative housing corporation as defined in the internal  revenue
 code, the applicable rate shall be four-tenths of one mill,
   (3)  an  amount  computed, for taxable years beginning before nineteen
 hundred eighty-seven, at the rate of nine per centum,  and  for  taxable
 years  beginning after nineteen hundred eighty-six, at the rate of eight
 and eighty-five one-hundredths per centum, on thirty per centum  of  the
 taxpayer's  entire  net income plus salaries and other compensation paid
 to the taxpayer's elected or appointed officers and to every stockholder
 owning in excess of five per centum of its issued  capital  stock  minus
 fifteen  thousand dollars (subject to proration as hereinafter provided)
 and any net loss for the reported year, or on the portion  of  any  such
 sum allocated within the city as hereinafter provided for the allocation
 of entire net income, subject to any modification required by paragraphs
 (d)  and  (e)  of  subdivision three of this section, provided, however,
 that for taxable years  beginning  on  or  after  July  first,  nineteen
 hundred  ninety-six,  the  provisions of paragraph H of this subdivision
 shall apply for purposes of the computation under this clause, or
   (4) for taxable years ending on or  before  June  thirtieth,  nineteen
 hundred  eighty-nine, one hundred twenty-five dollars, for taxable years
 ending after June thirtieth, nineteen hundred eighty-nine and  beginning
 before  two  thousand nine, three hundred dollars, and for taxable years
 beginning after two thousand eight:
     If New York city receipts are:          Fixed dollar minimum tax is:
   Not more than $100,000                              $25
   More than $100,000 but not over $250,000            $75

 S. 7508--B                         228                        A. 9508--B

   More than $250,000 but not over $500,000            $175
   More than $500,000 but not over $1,000,000          $500
   More than $1,000,000 but not over $5,000,000        $1,500
   More than $5,000,000 but not over $25,000,000       $3,500
   Over $25,000,000                                    $5,000
 For  purposes  of  this  clause, New York city receipts are the receipts
 computed in accordance with subparagraph two of paragraph (a) of  subdi-
 vision  three  of  this  section for the taxable year. For taxable years
 beginning after two thousand eight, if the taxable  year  is  less  than
 twelve  months, the amount prescribed by this clause shall be reduced by
 twenty-five percent if the period for which the taxpayer is  subject  to
 tax  is  more than six months but not more than nine months and by fifty
 percent if the period for which the taxpayer is subject to  tax  is  not
 more  than  six  months. If the taxable year is less than twelve months,
 the amount of New York city receipts for  purposes  of  this  clause  is
 determined  by  dividing the amount of the receipts for the taxable year
 by the number of months in the taxable year and multiplying  the  result
 by twelve, plus;
   (b)  an  amount  computed  at the rate of three-quarters of a mill for
 each dollar of the portion of its subsidiary  capital  allocated  within
 the city as hereinafter provided.
   In  the  case  of a taxpayer which is not subject to tax for an entire
 year, the exemption allowed in clause three of subparagraph (a) of  this
 paragraph  shall  be  prorated according to the period such taxpayer was
 subject to tax. Provided, however, that this paragraph shall  not  apply
 to  taxable  years  beginning  after December thirty-first, two thousand
 [twenty] TWENTY-THREE. For the taxable years specified in the  preceding
 sentence,  the  tax imposed by subdivision one of section 11-603 of this
 subchapter shall be, in the case of each taxpayer, determined as  speci-
 fied  in  paragraph  A  of this subdivision, provided, however, that the
 provisions of paragraphs G and H of this  subdivision  shall  apply  for
 purposes  of  the  computation under clause three of subparagraph (a) of
 such paragraph A.
   § 6. The opening paragraph of section 11-1701  of  the  administrative
 code of the city of New York, as amended by section 6 of part F of chap-
 ter 61 of the laws of 2017, is amended to read as follows:
   A tax is hereby imposed on the city taxable income of every city resi-
 dent  individual,  estate  and  trust  determined in accordance with the
 rates set forth in subdivision (a) of this  section  for  taxable  years
 beginning  before  two thousand [twenty-one] TWENTY-FOUR, and in accord-
 ance with the rates set forth in subdivision (b)  of  this  section  for
 taxable  years  beginning  after  two  thousand  [twenty]  TWENTY-THREE.
 Provided, however, that if, for any taxable  year  beginning  after  two
 thousand  [twenty] TWENTY-THREE, the rates set forth in such subdivision
 (b) are rendered inapplicable and the rates set forth in  such  subdivi-
 sion  (a)  are  rendered  applicable, then the tax for such taxable year
 shall be at the rates provided under subparagraph (A) of paragraphs one,
 two and three of such subdivision (a).
   § 7. Subdivision (b) of section 11-1701 of the administrative code  of
 the city of New York, as amended by section 7 of part F of chapter 61 of
 the laws of 2017, is amended to read as follows:
   (b)  Rate  of  tax.  A  tax  imposed pursuant to this section shall be
 determined as follows:
   (1) Resident married individuals filing  joint  returns  and  resident
 surviving  spouses.  The tax under this section for each taxable year on
 the city taxable income of every city resident  married  individual  who

 S. 7508--B                         229                        A. 9508--B
 
 makes  a  single return jointly with his or her spouse under subdivision
 (b) of section 11-1751 of this title and on the city taxable  income  of
 every  city  resident surviving spouse shall be determined in accordance
 with the following table:
   For taxable years beginning after two thousand [twenty] TWENTY-THREE:
 
 If the city taxable income is:         The tax is:
 Not over $21,600                       1.18% of the city taxable income
 Over $21,600 but not                   $255 plus 1.435% of excess
 over $45,000                             over $21,600
 Over $45,000 but not                   $591 plus 1.455% of excess
 over $90,000                             over $45,000
 Over $90,000                           $1,245 plus 1.48% of excess
                                          over $90,000
   (2)  Resident heads of households. The tax under this section for each
 taxable year on the city taxable income of every city resident head of a
 household shall be determined in accordance with the following table:
   For taxable years beginning after two thousand [twenty] TWENTY-THREE:
 
 If the city taxable income is:         The tax is:
 Not over $14,400                       1.18% of the city taxable income
 Over $14,400 but not                   $170 plus 1.435% of excess
 over $30,000                             over $14,400
 Over $30,000 but not                   $394 plus 1.455% of excess
 over $60,000                             over $30,000
 Over $60,000                           $830 plus 1.48% of excess
                                          over $60,000
 
   (3)  Resident  unmarried  individuals,  resident  married  individuals
 filing  separate  returns and resident estates and trusts. The tax under
 this section for each taxable year on the city taxable income  of  every
 city  resident  individual  who  is not a married individual who makes a
 single return jointly with his or her spouse under  subdivision  (b)  of
 section  11-1751 of this title or a city resident head of a household or
 a city resident surviving spouse, and on  the  city  taxable  income  of
 every  city  resident estate and trust shall be determined in accordance
 with the following table:
   For taxable years beginning after two thousand [twenty] TWENTY-THREE:
 
 If the city taxable income is:         The tax is:
 Not over $12,000                       1.18% of the city taxable income
 Over $12,000 but not                   $142 plus 1.435% of excess
 over $25,000                             over $12,000
 Over $25,000 but not                   $328 plus 1.455% of excess
 over $50,000                             over $25,000
 Over $50,000                           $692 plus 1.48% of excess
                                          over $50,000
 
   § 8. Paragraph 1 of subdivision (a) of section 11-1704.1 of the admin-
 istrative code of the city of New York, as amended by section 8 of  part
 F of chapter 61 of the laws of 2017, is amended to read as follows:
   (1)  In  addition to any other taxes imposed by this chapter, there is
 hereby imposed for each taxable year beginning  after  nineteen  hundred
 ninety  but  before two thousand [twenty-one] TWENTY-FOUR, an additional
 tax on the city taxable income of every city resident individual, estate
 and trust, to be calculated for each taxable year as  follows:  (i)  for

 S. 7508--B                         230                        A. 9508--B
 
 each  taxable  year  beginning  after nineteen hundred ninety but before
 nineteen hundred ninety-nine, at the rate of fourteen percent of the sum
 of the taxes for each such taxable year determined pursuant  to  section
 11-1701  and section 11-1704 of this subchapter; and (ii) for each taxa-
 ble year beginning after nineteen hundred ninety-eight, at the  rate  of
 fourteen percent of the tax for such taxable year determined pursuant to
 such section 11-1701.
   §  9. Subdivision (a) of section 11-2002 of the administrative code of
 the city of New York, as amended by section 9 of part F of chapter 61 of
 the laws of 2017, is amended to read as follows:
   (a) There are hereby imposed and there shall be paid  sales  taxes  at
 the rate of four and one-half percent on receipts from every sale of the
 services  of  beauty, barbering, hair restoring, manicuring, pedicuring,
 electrolysis, massage services and similar services, and every  sale  of
 services  by  weight  control salons, health salons, gymnasiums, turkish
 and sauna bath and similar establishments and every charge for  the  use
 of  such  facilities,  whether  or not any tangible personal property is
 transferred in conjunction therewith; but excluding services rendered by
 a physician, osteopath, dentist, nurse,  physiotherapist,  chiropractor,
 podiatrist,  optometrist,  ophthalmic  dispenser  or a person performing
 similar services licensed under title eight of  the  education  law,  as
 amended,  and  excluding  such services when performed on pets and other
 animals, as authorized by subdivision  (a)  of  section  twelve  hundred
 twelve-A  of the tax law. Provided, however, that the tax hereby imposed
 shall not be imposed after November  thirtieth,  two  thousand  [twenty]
 TWENTY-THREE.
   §  10.  The opening paragraph of subdivision (a) of section 11-2040 of
 the administrative code of the city of New York, as amended  by  section
 10  of  part  F of chapter 61 of the laws of 2017, is amended to read as
 follows:
   There is hereby imposed within the city and there shall be paid a  tax
 at  the  rate  of four and one-half percent upon the receipts from every
 sale, except for resale, of the following services,  provided,  however,
 that  the tax hereby imposed shall not be imposed after November thirti-
 eth, two thousand [twenty] TWENTY-THREE, on receipts from sales  of  the
 services specified in paragraph one of this subdivision:
   §  11.  Section  4 of chapter 877 of the laws of 1975, relating to the
 imposition of certain taxes in the city  of  New  York,  as  amended  by
 section  11  of  part F of chapter 61 of the laws of 2017, is amended to
 read as follows:
   § 4. This act shall expire on  December  31,  [2020]  2023,  provided,
 however,  that  it is hereby declared to be the express intention of the
 legislature that the provisions of sections two and three of  this  act,
 except with respect to the enforcement and collection of any tax arising
 thereunder, shall remain in full force and effect only until the date of
 such expiration, at which time the provisions of law amended by this act
 shall be continued in full force and effect as they existed prior to the
 enactment of this act.
   §  12.  Section  6 of chapter 884 of the laws of 1975, relating to the
 imposition of certain taxes in the city  of  New  York,  as  amended  by
 section  12  of  part F of chapter 61 of the laws of 2017, is amended to
 read as follows:
   § 6. This act shall expire on  December  31,  [2020]  2023,  provided,
 however,  that  it is hereby declared to be the express intention of the
 legislature that the provisions of sections two, three and four of  this
 act,  except  with  respect to the enforcement and collection of any tax

 S. 7508--B                         231                        A. 9508--B
 
 arising thereunder, shall remain in full force and effect only until the
 date of such expiration, at which time the provisions of law amended  by
 this  act  shall  be  continued in full force and effect as they existed
 prior to the enactment of this act.
   §  13.  Section  2 of chapter 882 of the laws of 1977, relating to the
 imposition of certain taxes in the city  of  New  York,  as  amended  by
 section  13  of  part F of chapter 61 of the laws of 2017, is amended to
 read as follows:
   § 2. This act shall expire on  December  31,  [2020]  2023,  provided,
 however,  that  it is hereby declared to be the express intention of the
 legislature that the provisions of section one of this act, except  with
 respect to the enforcement and collection of any tax arising thereunder,
 shall  remain in full force and effect only until the date of such expi-
 ration, at which time the provisions of law amended by this act shall be
 continued in full force and effect as they existed prior to  the  enact-
 ment of this act.
   § 14. This act shall take effect immediately.
 
                                 SUBPART H
 
   Section  1.  This  Subpart  enacts into law major components of legis-
 lation relating to issues deemed necessary for the state. Each component
 is wholly contained within an Item identified as Items A though  E.  The
 effective  date for each particular provision contained within such Item
 is set forth in the last section of such Item.  Any  provisions  in  any
 section  contained  within  an Item, including the effective date of the
 Item, which makes 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 Item in  which  it  is  found.
 Section  three  of this Subpart sets forth the general effective date of
 this Subpart.
 
                                  ITEM A
 
   Section 1.  Subparagraph (A) of paragraph 7  of  subdivision  (ee)  of
 section  1115 of the tax law, as amended by section 1 of part E of chap-
 ter 61 of the laws of 2017, is amended to read as follows:
   (A) "Tenant" means a person who, as lessee, enters into a space  lease
 with  a  landlord for a term of ten years or more commencing on or after
 September first, two thousand five, but not later than, in the case of a
 space lease with respect to leased premises located in eligible areas as
 defined in clause (i) of subparagraph (D) of this  paragraph,  September
 first,  two  thousand  [twenty] TWENTY-THREE and, in the case of a space
 lease with respect to leased  premises  located  in  eligible  areas  as
 defined  in  clause (ii) of subparagraph (D) of this paragraph not later
 than September first, two thousand [twenty-two] TWENTY-FIVE, of premises
 for use as commercial office space in buildings located or to be located
 in the eligible areas. A person who currently occupies premises for  use
 as  commercial office space under an existing lease in a building in the
 eligible areas shall not be eligible for exemption under  this  subdivi-
 sion  unless  such  existing  lease,  in  the case of a space lease with
 respect to leased premises located  in  eligible  areas  as  defined  in
 clause  (i)  of  subparagraph (D) of this paragraph expires according to
 its terms before September first, two thousand [twenty] TWENTY-THREE  or
 such existing lease, in the case of a space lease with respect to leased
 premises located in eligible areas as defined in clause (ii) of subpara-

 S. 7508--B                         232                        A. 9508--B
 
 graph  (D)  of this paragraph and such person enters into a space lease,
 for a term of ten years or more commencing on or after September  first,
 two  thousand  five, of premises for use as commercial office space in a
 building  located  or to be located in the eligible areas, provided that
 such space lease with respect to leased  premises  located  in  eligible
 areas  as  defined  in  clause (i) of subparagraph (D) of this paragraph
 commences no later than September first, two thousand  [twenty]  TWENTY-
 THREE,  and  provided that such space lease with respect to leased prem-
 ises located in eligible areas as defined in clause (ii) of subparagraph
 (D) of this paragraph commences no later than September first, two thou-
 sand [twenty-two] TWENTY-FIVE and provided,  further,  that  such  space
 lease shall expire no earlier than ten years after the expiration of the
 original lease.
   § 2. Section 2 of part C of chapter 2 of the laws of 2005 amending the
 tax  law  relating to exemptions from sales and use taxes, as amended by
 section 2 of part E of chapter 61 of the laws of  2017,  is  amended  to
 read as follows:
   § 2. This act shall take effect September 1, 2005 and shall expire and
 be  deemed repealed on December 1, [2023] 2026, and shall apply to sales
 made, uses occurring and services rendered on or  after  such  effective
 date,  in  accordance  with  the  applicable  transitional provisions of
 sections 1106 and 1217 of the tax law; except that clause (i) of subpar-
 agraph (D) of paragraph seven of subdivision (ee) of section 1115 of the
 tax law, as added by section one of this act, shall expire and be deemed
 repealed December 1, [2021] 2024.
   § 3. Paragraph 1 of subdivision (b) of section  25-s  of  the  general
 city law, as amended by section 7 of part E of chapter 61 of the laws of
 2017, is amended to read as follows:
   (1)  non-residential  premises  that  are wholly contained in property
 that is eligible to obtain benefits under title two-D or two-F of  arti-
 cle  four  of the real property tax law, or would be eligible to receive
 benefits under such article except that such  property  is  exempt  from
 real property taxation and the requirements of paragraph (b) of subdivi-
 sion seven of section four hundred eighty-nine-dddd of such title two-D,
 or the requirements of subparagraph (ii) of paragraph (b) of subdivision
 five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
 whichever is applicable, have not been satisfied, provided that applica-
 tion for such benefits was made after May third, nineteen hundred eight-
 y-five and prior to July first, two thousand [twenty] TWENTY-THREE, that
 construction or renovation of such premises was described in such appli-
 cation, that such premises have  been  substantially  improved  by  such
 construction  or  renovation  so  described,  that  the minimum required
 expenditure as defined in such title two-D or two-F, whichever is appli-
 cable, has been made, and that such  real  property  is  located  in  an
 eligible area; or
   §  4.  Paragraph  3  of subdivision (b) of section 25-s of the general
 city law, as amended by section 8 of part E of chapter 61 of the laws of
 2017, is amended to read as follows:
   (3) non-residential premises that are wholly contained in real proper-
 ty that has obtained approval after October thirty-first,  two  thousand
 and  prior to July first, two thousand [twenty] TWENTY-THREE for financ-
 ing by an industrial development agency established pursuant to  article
 eighteen-A  of  the  general municipal law, provided that such financing
 has been used in whole or in part to substantially improve such premises
 (by construction or renovation), and that expenditures  have  been  made
 for  improvements  to  such real property in excess of ten per centum of

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 the value at which such real property was assessed for tax purposes  for
 the  tax  year  in which such improvements commenced, that such expendi-
 tures have been made within thirty-six months after the earlier  of  (i)
 the  issuance  by  such  agency of bonds for such financing, or (ii) the
 conveyance of title to such property to such agency, and that such  real
 property is located in an eligible area; or
   §  5.  Paragraph  5  of subdivision (b) of section 25-s of the general
 city law, as amended by section 9 of part E of chapter 61 of the laws of
 2017, is amended to read as follows:
   (5) non-residential premises that are wholly contained in real proper-
 ty owned by such city or the New York  state  urban  development  corpo-
 ration,  or  a  subsidiary  thereof,  a  lease for which was approved in
 accordance with the applicable provisions of the charter of such city or
 by the board of directors of such corporation,  and  such  approval  was
 obtained  after  October  thirty-first,  two  thousand and prior to July
 first, two thousand [twenty] TWENTY-THREE, provided, however, that  such
 premises were constructed or renovated subsequent to such approval, that
 expenditures have been made subsequent to such approval for improvements
 to  such  real property (by construction or renovation) in excess of ten
 per centum of the value at which such real property was assessed for tax
 purposes for the tax year in which  such  improvements  commenced,  that
 such  expenditures  have  been  made  within thirty-six months after the
 effective date of such lease, and that such real property is located  in
 an eligible area; or
   §  6.  Paragraph  2  of subdivision (c) of section 25-t of the general
 city law, as amended by section 10 of part E of chapter 61 of  the  laws
 of 2017, is amended to read as follows:
   (2)  No  eligible energy user, qualified eligible energy user, on-site
 cogenerator, or clean on-site cogenerator shall receive a rebate  pursu-
 ant  to  this  article  until  it  has obtained a certification from the
 appropriate city agency in accordance with a local law enacted  pursuant
 to  this  section. No such certification for a qualified eligible energy
 user shall be issued on or after November first, two thousand.  No  such
 certification of any other eligible energy user, on-site cogenerator, or
 clean  on-site  cogenerator  shall be issued on or after July first, two
 thousand [twenty] TWENTY-THREE.
   § 7. Paragraph 1 of subdivision (a) of section 25-aa  of  the  general
 city  law,  as amended by section 11 of part E of chapter 61 of the laws
 of 2017, is amended to read as follows:
   (1) is eligible to obtain benefits under title two-D or two-F of arti-
 cle four of the real property tax law, or would be eligible  to  receive
 benefits  under such title except that such property is exempt from real
 property taxation and the requirements of paragraph (b)  of  subdivision
 seven  of  section four hundred eighty-nine-dddd of such title two-D, or
 the requirements of subparagraph (ii) of paragraph  (b)  of  subdivision
 five  of  section  four  hundred eighty-nine-cccccc of such title two-F,
 whichever is applicable, of the real property  tax  law  have  not  been
 satisfied,  provided  that  application for such benefits was made after
 the thirtieth day of June, nineteen hundred ninety-five and  before  the
 first day of July, two thousand [twenty] TWENTY-THREE, that construction
 or renovation of such building or structure was described in such appli-
 cation,  that such building or structure has been substantially improved
 by such construction or renovation, and (i) that  the  minimum  required
 expenditure  as defined in such title has been made, or (ii) where there
 is  no  applicable  minimum  required  expenditure,  the  building   was
 constructed  within  such period or periods of time established by title

 S. 7508--B                         234                        A. 9508--B

 two-D or two-F, whichever is applicable, of article  four  of  the  real
 property tax law for construction of a new building or structure; or
   §  8.  Paragraphs  2  and 3 of subdivision (a) of section 25-aa of the
 general city law, as amended by section 12 of part E of  chapter  61  of
 the laws of 2017, are amended to read as follows:
   (2)  has  obtained  approval after the thirtieth day of June, nineteen
 hundred ninety-five and before the  first  day  of  July,  two  thousand
 [twenty] TWENTY-THREE, for financing by an industrial development agency
 established pursuant to article eighteen-A of the general municipal law,
 provided  that  such  financing  has  been  used  in whole or in part to
 substantially improve such building  or  structure  by  construction  or
 renovation,  that  expenditures  have been made for improvements to such
 real property in excess of twenty per centum of the value at which  such
 real  property  was  assessed for tax purposes for the tax year in which
 such improvements commenced, and that such expenditures have  been  made
 within  thirty-six  months after the earlier of (i) the issuance by such
 agency of bonds for such financing, or (ii) the conveyance of  title  to
 such building or structure to such agency; or
   (3)  is  owned  by  the  city  of New York or the New York state urban
 development corporation, or a subsidiary corporation  thereof,  a  lease
 for  which  was approved in accordance with the applicable provisions of
 the charter of such city or by the board of  directors  of  such  corpo-
 ration,  as  the  case  may be, and such approval was obtained after the
 thirtieth day of June, nineteen hundred ninety-five and before the first
 day of July, two thousand [twenty] TWENTY-THREE, provided that  expendi-
 tures have been made for improvements to such real property in excess of
 twenty  per centum of the value at which such real property was assessed
 for tax purposes for the tax year in which such improvements  commenced,
 and that such expenditures have been made within thirty-six months after
 the effective date of such lease; or
   §  9.  Subdivision  (f)  of  section 25-bb of the general city law, as
 amended by section 13 of part E of chapter 61 of the laws  of  2017,  is
 amended to read as follows:
   (f) Application and certification. An owner or lessee of a building or
 structure  located  in  an  eligible revitalization area, or an agent of
 such owner or lessee, may apply to such  department  of  small  business
 services  for certification that such building or structure is an eligi-
 ble building or targeted  eligible  building  meeting  the  criteria  of
 subdivision  (a)  or  (q)  of  section  twenty-five-aa  of this article.
 Application for such certification must be filed after the thirtieth day
 of June, nineteen hundred ninety-five and before a  building  permit  is
 issued  for the construction or renovation required by such subdivisions
 and before the first day of July, two  thousand  [twenty]  TWENTY-THREE,
 provided that no certification for a targeted eligible building shall be
 issued  after October thirty-first, two thousand. Such application shall
 identify expenditures to be made that will affect eligibility under such
 subdivision (a) or (q). Upon completion of such expenditures, an  appli-
 cant shall supplement such application to provide information (i) estab-
 lishing  that the criteria of such subdivision (a) or (q) have been met;
 (ii) establishing a basis for determining the amount of special rebates,
 including a basis for an allocation of the special rebate among eligible
 revitalization area energy users purchasing or otherwise receiving ener-
 gy services from an eligible redistributor  of  energy  or  a  qualified
 eligible  redistributor of energy; and (iii) supporting an allocation of
 charges for energy services between eligible charges and other  charges.
 Such  department  shall  certify  a building or structure as an eligible

 S. 7508--B                         235                        A. 9508--B
 
 building or targeted eligible building after receipt and review of  such
 information  and  upon a determination that such information establishes
 that the building or structure qualifies  as  an  eligible  building  or
 targeted  eligible  building.  Such  department  shall mail such certif-
 ication or notice thereof to the applicant upon issuance.  Such  certif-
 ication  shall  remain  in effect provided the eligible redistributor of
 energy or qualified eligible redistributor of energy reports any changes
 that materially affect the amount of the special rebates to which it  is
 entitled  or the amount of reduction required by subdivision (c) of this
 section in an energy services bill of an  eligible  revitalization  area
 energy  user  and otherwise complies with the requirements of this arti-
 cle. Such department shall notify the private utility or public  utility
 service  required  to make a special rebate to such redistributor of the
 amount of such special rebate established at the time  of  certification
 and any changes in such amount and any suspension or termination by such
 department  of certification under this subdivision. Such department may
 require some or all of the information required as part of  an  applica-
 tion or other report be provided by a licensed engineer.
   § 10. Paragraph 1 of subdivision (i) of section 22-601 of the adminis-
 trative code of the city of New York, as amended by section 14 of part E
 of chapter 61 of the laws of 2017, is amended to read as follows:
   (1)  Non-residential  premises  that  are wholly contained in property
 that is eligible to obtain benefits under part  four  or  part  five  of
 subchapter  two of chapter two of title eleven of this code, or would be
 eligible to receive benefits under such chapter except that such proper-
 ty is exempt from real property taxation and the requirements  of  para-
 graph  two  of  subdivision  g  of  section  11-259 of this code, or the
 requirements of subparagraph (b) of paragraph two of  subdivision  e  of
 section  11-270  of  this  code,  whichever is applicable, have not been
 satisfied, provided that application for such benefits  was  made  after
 May  third,  nineteen  hundred  eighty-five and prior to July first, two
 thousand [twenty] TWENTY-THREE, that construction or renovation of  such
 premises was described in such application, that such premises have been
 substantially  improved by such construction or renovation so described,
 that the minimum required expenditure as defined in such  part  four  or
 part  five,  whichever  is applicable, has been made, and that such real
 property is located in an eligible area; or
   § 11. Paragraph 3 of subdivision (i) of section 22-601 of the adminis-
 trative code of the city of New York, as amended by section 15 of part E
 of chapter 61 of the laws of 2017, is amended to read as follows:
   (3) non-residential premises that are wholly contained in real proper-
 ty that has obtained approval after October thirty-first,  two  thousand
 and  prior to July first, two thousand [twenty] TWENTY-THREE for financ-
 ing by an industrial development agency established pursuant to  article
 eighteen-A  of  the  general municipal law, provided that such financing
 has been used in whole or in part to substantially improve such premises
 (by construction or renovation), and that expenditures  have  been  made
 for  improvements  to  such real property in excess of ten per centum of
 the value at which such real property was assessed for tax purposes  for
 the  tax  year  in which such improvements commenced, that such expendi-
 tures have been made within thirty-six months after the earlier  of  (i)
 the  issuance  by  such  agency of bonds for such financing, or (ii) the
 conveyance of title to such property to such agency, and that such  real
 property is located in an eligible area; or

 S. 7508--B                         236                        A. 9508--B
 
   § 12. Paragraph 5 of subdivision (i) of section 22-601 of the adminis-
 trative code of the city of New York, as amended by section 16 of part E
 of chapter 61 of the laws of 2017, is amended to read as follows:
   (5) non-residential premises that are wholly contained in real proper-
 ty  owned  by  such  city or the New York state urban development corpo-
 ration, or a subsidiary thereof, a  lease  for  which  was  approved  in
 accordance with the applicable provisions of the charter of such city or
 by  the  board  of  directors of such corporation, and such approval was
 obtained after October thirty-first, two  thousand  and  prior  to  July
 first,  two thousand [twenty] TWENTY-THREE, provided, however, that such
 premises were constructed or renovated subsequent to such approval, that
 expenditures have been made subsequent to such approval for improvements
 to such real property (by construction or renovation) in excess  of  ten
 per centum of the value at which such real property was assessed for tax
 purposes  for  the  tax  year in which such improvements commenced, that
 such expenditures have been made  within  thirty-six  months  after  the
 effective  date of such lease, and that such real property is located in
 an eligible area; or
   § 13. Paragraph 1 of subdivision (c) of section 22-602 of the adminis-
 trative code of the city of New  York, as amended by section 17 of  part
 E of chapter 61 of the laws of 2017, is amended to read as follows:
   (1)  No  eligible energy user, qualified eligible energy user, on-site
 cogenerator, clean on-site cogenerator or special eligible  energy  user
 shall  receive a rebate pursuant to this chapter until it has obtained a
 certification as an eligible  energy  user,  qualified  eligible  energy
 user, on-site cogenerator, clean on-site cogenerator or special eligible
 energy  user,  respectively,  from  the  commissioner  of small business
 services. No such certification for a  qualified  eligible  energy  user
 shall  be  issued  on  or  after July first, two thousand three. No such
 certification of any other eligible energy user, on-site cogenerator  or
 clean  on-site  cogenerator  shall be issued on or after July first, two
 thousand [twenty] TWENTY-THREE.   The  commissioner  of  small  business
 services,  after  notice  and hearing, may revoke a certification issued
 pursuant to this subdivision where it is found that eligibility criteria
 have not been met or  that  compliance  with  conditions  for  continued
 eligibility  has  not been maintained. The corporation counsel may main-
 tain a civil action to recover an amount equal to any benefits improper-
 ly obtained.
   § 14. Subparagraph (b-2) of paragraph 2 of subdivision  i  of  section
 11-704 of the administrative code of the city of New York, as amended by
 section  18  of  part E of chapter 61 of the laws of 2017, is amended to
 read as follows:
   (b-2) The amount of the special reduction allowed by this  subdivision
 with  respect  to  a lease other than a sublease commencing between July
 first, two thousand five and June thirtieth, two thousand [twenty] TWEN-
 TY-THREE with an initial or renewal lease term of at  least  five  years
 shall be determined as follows:
   (i)  For  the  base year the amount of such special reduction shall be
 equal to the base rent for the base year.
   (ii) For the first, second,  third  and  fourth  twelve-month  periods
 following  the  base  year the amount of such special reduction shall be
 equal to the lesser of (A) the base  rent  for  each  such  twelve-month
 period or (B) the base rent for the base year.
   § 15. Subdivision 9 of section 499-aa of the real property tax law, as
 amended  by  section  19 of part E of chapter 61 of the laws of 2017, is
 amended to read as follows:

 S. 7508--B                         237                        A. 9508--B

   9. "Eligibility period." The period commencing April  first,  nineteen
 hundred  ninety-five  and  terminating  March thirty-first, two thousand
 one, provided, however, that with respect to eligible  premises  defined
 in subparagraph (i) of paragraph (b) of subdivision ten of this section,
 the  period  commencing  July  first,  two thousand and terminating June
 thirtieth, two thousand [twenty-one] TWENTY-FOUR, and provided, further,
 however, that with respect to eligible premises defined in  subparagraph
 (ii)  of  paragraph  (b)  or  paragraph  (c)  of subdivision ten of this
 section, the period commencing July first, two thousand five and  termi-
 nating June thirtieth, two thousand [twenty-one] TWENTY-FOUR.
   §  16. Subparagraph (iii) of paragraph (a) of subdivision 3 of section
 499-cc of the real property tax law, as amended by section 20 of part  E
 of chapter 61 of the laws of 2017, is amended to read as follows:
   (iii)  With  respect  to the eligible premises defined in subparagraph
 (ii) of paragraph (b) or paragraph (c) of  subdivision  ten  of  section
 four  hundred ninety-nine-aa of this title and for purposes of determin-
 ing whether the amount of expenditures required by  subdivision  one  of
 this  section  have  been satisfied, expenditures on improvements to the
 common areas of an eligible building shall be included only if  work  on
 such  improvements  commenced  and the expenditures are made on or after
 July first, two thousand five and on or  before  December  thirty-first,
 two  thousand [twenty-one] TWENTY-FOUR; provided, however, that expendi-
 tures on improvements to the common areas of an eligible  building  made
 prior  to  three  years  before the lease commencement date shall not be
 included.
   § 17. Subdivisions 5 and 9 of section 499-a of the real  property  tax
 law,  as  amended  by  section 21 of part E of chapter 61 of the laws of
 2017, are amended to read as follows:
   5. "Benefit period." The period commencing with the first day  of  the
 month  immediately  following the rent commencement date and terminating
 no later than sixty months  thereafter,  provided,  however,  that  with
 respect  to a lease commencing on or after April first, nineteen hundred
 ninety-seven with an initial lease term of less than five years, but not
 less than three years, the period commencing with the first day  of  the
 month  immediately  following the rent commencement date and terminating
 no later than thirty-six months thereafter. Notwithstanding the  forego-
 ing  sentence, a benefit period shall expire no later than March thirty-
 first, two thousand [twenty-seven] THIRTY.
   9. "Eligibility period." The period commencing April  first,  nineteen
 hundred  ninety-five  and  terminating  March thirty-first, two thousand
 [twenty-one] TWENTY-FOUR.
   § 18. Paragraph (a) of subdivision 3 of  section  499-c  of  the  real
 property  tax  law,  as amended by section 22 of part E of chapter 61 of
 the laws of 2017, is amended to read as follows:
   (a) For purposes of determining whether  the  amount  of  expenditures
 required by subdivision one of this section have been satisfied, expend-
 itures on improvements to the common areas of an eligible building shall
 be included only if work on such improvements commenced and the expendi-
 tures are made on or after April first, nineteen hundred ninety-five and
 on or before September thirtieth, two thousand [twenty-one] TWENTY-FOUR;
 provided, however, that expenditures on improvements to the common areas
 of  an  eligible  building  made  prior  to three years before the lease
 commencement date shall not be included.
   § 19. Subdivision 8 of section 499-d of the real property tax law,  as
 amended  by  section  23 of part E of chapter 61 of the laws of 2017, is
 amended to read as follows:

 S. 7508--B                         238                        A. 9508--B
 
   8. Leases commencing on or after April first, nineteen  hundred  nine-
 ty-seven  shall be subject to the provisions of this title as amended by
 chapter six hundred twenty-nine of the laws of nineteen hundred  ninety-
 seven,  chapter  one  hundred  eighteen of the laws of two thousand one,
 chapter  four  hundred  forty of the laws of two thousand three, chapter
 sixty of the laws of two thousand seven, chapter twenty-two of the  laws
 of  two  thousand  ten,  chapter  fifty-nine of the laws of two thousand
 fourteen, chapter twenty of the laws of two thousand fifteen [and  the],
 chapter  of  the  laws  of two thousand seventeen AND THE CHAPTER OF THE
 LAWS OF TWO THOUSAND TWENTY that [added] AMENDED this  phrase.  Notwith-
 standing  any  other  provision  of law to the contrary, with respect to
 leases commencing on or after April first, nineteen hundred  ninety-sev-
 en,  an  application  for a certificate of abatement shall be considered
 timely filed if filed within one hundred eighty days following the lease
 commencement date or within sixty days following the  date  chapter  six
 hundred  twenty-nine of the laws of nineteen hundred ninety-seven became
 a law, whichever is later.
   § 20. Subparagraph (a) of paragraph 2  of  subdivision  i  of  section
 11-704 of the administrative code of the city of New York, as amended by
 section  24  of  part E of chapter 61 of the laws of 2017, is amended to
 read as follows:
   (a) An eligible tenant of eligible taxable premises shall be allowed a
 special reduction in determining the taxable base rent for such eligible
 taxable premises. Such special reduction shall be allowed  with  respect
 to  the rent for such eligible taxable premises for a period not exceed-
 ing sixty months or, with respect to a  lease  commencing  on  or  after
 April first, nineteen hundred ninety-seven with an initial lease term of
 less  than  five  years, but not less than three years, for a period not
 exceeding thirty-six months, commencing on the  rent  commencement  date
 applicable to such eligible taxable premises, provided, however, that in
 no event shall any special reduction be allowed for any period beginning
 after  March  thirty-first,  two  thousand [twenty-seven]  THIRTY.   For
 purposes of applying such special reduction, the base rent for the  base
 year  shall,  where  necessary  to  determine  the amount of the special
 reduction allowable with respect to any number of months falling  within
 a tax period, be prorated by dividing the base rent for the base year by
 twelve and multiplying the result by such number of months.
   §  21. This act shall take effect immediately, except that if this act
 shall become a law after June 30, 2020, this act shall be deemed to have
 been in full force and effect on and  after  June  30,  2020;  provided,
 further,  that  the  amendments  to  subparagraph  (A) of paragraph 7 of
 subdivision (ee) of section 1115 of the tax law made by section  one  of
 this  act  shall  not affect the repeal of such subdivision and shall be
 repealed therewith.
 
                                  ITEM B
 
   Section 1.   Paragraphs (d)  and  (e)  of  subdivision  1  of  section
 499-bbbb  of  the  real  property  tax  law, paragraph (d) as separately
 amended by chapters 327 and 412 of the laws of 2018 and paragraph (e) as
 added by chapter 412 of the  laws  of  2018,  are  amended  to  read  as
 follows:
   (d) if the solar electric generating system is placed in service on or
 after  January  first,  two thousand fourteen, and before January first,
 two thousand [twenty-one] TWENTY-FOUR, for each year of  the  compliance
 period  such  tax  abatement  shall be the lesser of (i) five percent of

 S. 7508--B                         239                        A. 9508--B
 
 eligible solar electric generating system expenditures, (ii) the  amount
 of  taxes  payable  in  such  tax year, or (iii) sixty-two thousand five
 hundred dollars; or
   (e)  if  electric  energy storage equipment is placed in service on or
 after January first, two thousand nineteen, and  before  January  first,
 two  thousand  [twenty-one] TWENTY-FOUR, for each year of the compliance
 period such tax abatement shall be the lesser  of  (i)  ten  percent  of
 eligible electric energy storage equipment expenditures, (ii) the amount
 of  taxes  payable  in  such  tax year, or (iii) sixty-two thousand five
 hundred dollars.
   § 2.  Subdivision 1 of section 499-cccc of the real property tax  law,
 as  separately  amended  by chapters 327 and 412 of the laws of 2018, is
 amended to read as follows:
   1. To obtain a tax abatement pursuant to this title, an applicant must
 file an application for tax abatement, which may be filed  on  or  after
 January  first, two thousand nine, and on or before March fifteenth, two
 thousand [twenty-one] TWENTY-FOUR.
   § 3. This act shall take effect immediately.
 
                                  ITEM C
 
   Section 1. Section 2 of part II of chapter 54 of  the  laws  of  2016,
 amending  part  C  of chapter 58   of  the  laws  of  2005  relating  to
 authorizing reimbursements  for expenditures made by  or  on  behalf  of
 social services districts for medical assistance for needy  persons  and
 administration  thereof, as amended by section 3 of part T of chapter 57
 of the laws of 2018, is amended to read as follows:
   § 2. This act shall take effect immediately and shall  expire  and  be
 deemed repealed March 31, [2020] 2022.
   § 2. This act shall take effect immediately.
 
                                  ITEM D
 
   Section  1.  Section  13  of part D of chapter 58 of the laws of 2016,
 relating to repealing certain provisions of the state finance law relat-
 ing to the motorcycle safety fund, is amended to read as follows:
   § 13. This act shall take effect immediately; provided, however,  that
 section  seven  of  this  act  shall  take  effect April 1, [2020] 2024;
 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.
   § 2. This act shall take effect immediately.
 
                                  ITEM E
 
   Section  1. Section 5 of chapter 589 of the laws of 2015, amending the
 insurance law relating to catastrophic or reinsurance coverage issued to
 certain small groups, as amended by chapter 202 of the laws of 2019,  is
 amended to read as follows:

 S. 7508--B                         240                        A. 9508--B
 
   §  5.  This  act  shall  take  effect on the same date and in the same
 manner as [a] chapter [of the laws of 2015 amending  the  insurance  law
 relating to catastrophic or reinsurance coverage issued to certain small
 groups,  as proposed in legislative bills numbers S.5928-A and A.8134-A]
 588 OF THE LAWS OF 2015, takes effect and shall be deemed repealed [six]
 SEVEN years thereafter.
   § 2. Section 5 of chapter 588 of the laws of 2015, amending the insur-
 ance  law  relating  to  catastrophic  or reinsurance coverage issued to
 certain small groups, as amended by chapter 202 of the laws of 2019,  is
 amended to read as follows:
   §  5.  This  act  shall  take  effect immediately; and shall be deemed
 repealed [6] 7 years after it shall have become a law.
   § 3. This act shall take effect immediately.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, or item of this subpart 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 item 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.
   § 3. This act shall take effect immediately, provided,  however,  that
 the  applicable effective date of Items A through E of this act shall be
 as specifically set forth in the last section of such Items.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section, item, subpart 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, subdivi-
 sion, section, item, subpart or part thereof directly  involved  in  the
 controversy in which such judgment shall have been rendered. It is here-
 by declared to be the intent of the legislature that this act would have
 been enacted even if such invalid provisions had not been included here-
 in.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date of Subparts A through H of this act  shall
 be as specifically set forth in the last section of such Subparts.
 
                                 PART YYY
 
   Section  1.  Subdivision  12 of section 201 of the vehicle and traffic
 law, as added by chapter 37 of the laws of 2019, is amended to  read  as
 follows:
   12.  (a)  Except  as required for the commissioner to issue or renew a
 driver's license or learner's permit that meets  federal  standards  for
 identification, AS NECESSARY FOR AN INDIVIDUAL SEEKING ACCEPTANCE INTO A
 TRUSTED  TRAVELER  PROGRAM,  OR  TO  FACILITATE  VEHICLE  IMPORTS AND/OR
 EXPORTS, the commissioner, and any agent or employee of the  commission-
 er,  shall  not  disclose  or  make  accessible in any manner records or
 information that he or she  maintains,  to  any  agency  that  primarily
 enforces  immigration  law  or  to any employee or agent of such agency,
 unless the commissioner is presented with a lawful court order or  judi-
 cial  warrant signed by a judge appointed pursuant to article III of the
 United States constitution. Upon receiving a request for such records or
 information from an agency that primarily enforces immigration law,  the

 S. 7508--B                         241                        A. 9508--B
 
 commissioner  shall, no later than three days after such request, notify
 the individual about whom such information was requested, informing such
 individual of the request and the identity of the agency that made  such
 request.
   (b)  The commissioner shall require any person or entity that receives
 or has access to records or information from the department  to  certify
 to  the commissioner, before such receipt or access, that such person or
 entity shall not (i) use such records or  information  for  civil  immi-
 gration  purposes  or  (ii)  disclose such records or information to any
 agency that primarily enforces immigration law or  to  any  employee  or
 agent of any such agency unless such disclosure is pursuant to a cooper-
 ative  arrangement  between  city,  state  and  federal  agencies  which
 arrangement does not enforce immigration law  and  which  disclosure  is
 limited  to the specific records or information being sought pursuant to
 such arrangement.  VIOLATION OF SUCH CERTIFICATION SHALL BE  A  CLASS  E
 FELONY.  In  addition  to  any  records  required to be kept pursuant to
 subdivision (c) of section 2721 of title 18 of the United  States  code,
 any  person  or  entity certifying pursuant to this paragraph shall keep
 for a period of five years records of  all  uses  and  identifying  each
 person  or  entity that primarily enforces immigration law that received
 department records or information from such certifying person or entity.
 Such records shall be maintained in a manner and form prescribed by  the
 commissioner  and  shall be available for inspection by the commissioner
 or his or her designee upon his or her request.
   (c) For purposes of this subdivision, the term "agency that  primarily
 enforces  immigration  law" shall include, but not be limited to, United
 States immigration and customs enforcement and United States customs and
 border protection, and any successor  agencies  having  similar  duties.
 FAILURE  TO  MAINTAIN RECORDS AS REQUIRED BY THIS SUBDIVISION SHALL BE A
 CLASS E FELONY.
   § 2. This act shall take effect immediately.
 
                                 PART ZZZ
 
   Section 1. The article heading of article 14 of the  election  law  is
 amended to read as follows:
                    CAMPAIGN RECEIPTS AND EXPENDITURES;
                             PUBLIC FINANCING
   § 2. Sections 14-100 through 14-132 of the election law are designated
 title I and a new title heading is added to read as follows:
                    CAMPAIGN RECEIPTS AND EXPENDITURES
   §  3.  Subdivision 1 of section 14-114 of the election law, as amended
 by chapter 79 of the laws of 1992 and paragraphs a and b as  amended  by
 chapter 659 of the laws of 1994, is amended to read as follows:
   1.  The following limitations apply to all contributions to candidates
 for election to any public office or for nomination for any such office,
 or for election to any party positions,  and  to  all  contributions  to
 political  committees  working directly or indirectly with any candidate
 to aid or participate in such candidate's nomination or election,  other
 than any contributions to any party committee or constituted committee:
   a. In any election for a public office to be voted on by the voters of
 the  entire  state, or for nomination to any such office, no contributor
 may make a contribution to any candidate or political committee, PARTIC-
 IPATING IN THE STATE'S PUBLIC  CAMPAIGN  FINANCING  SYSTEM  PURSUANT  TO
 TITLE  TWO  OF THIS ARTICLE and no SUCH candidate or political committee
 may accept any contribution from any contributor, which is in the aggre-

 S. 7508--B                         242                        A. 9508--B
 
 gate amount greater than[: (i) in the case of any nomination  to  public
 office, the product of the total number of enrolled voters in the candi-
 date's  party  in the state, excluding voters in inactive status, multi-
 plied  by  $.005,  but  such amount shall be not less than four thousand
 dollars nor more than twelve] EIGHTEEN thousand dollars [as increased or
 decreased by the cost of living adjustment described in paragraph  c  of
 this  subdivision,  and  (ii)  in  the  case of any election to a public
 office, twenty-five thousand dollars as increased or  decreased  by  the
 cost  of living adjustment described in paragraph c of this subdivision]
 DIVIDED EQUALLY AMONG THE PRIMARY AND GENERAL ELECTION  IN  AN  ELECTION
 CYCLE;  provided  however,  that  the  maximum  amount  which  may be so
 contributed or accepted, in the aggregate, from any  candidate's  child,
 parent,  grandparent,  brother  and  sister,  and the spouse of any such
 persons, shall not exceed in the case of any nomination to public office
 an amount equivalent to the product of the number of enrolled voters  in
 the candidate's party in the state, excluding voters in inactive status,
 multiplied  by  $.025,  and  in  the  case  of any election for a public
 office, an amount equivalent to the product of the number of  registered
 voters  in  the state excluding voters in inactive status, multiplied by
 $.025.
   b. In any other election for party  position  or  for  election  to  a
 public  office or for nomination for any such office, no contributor may
 make a contribution to any candidate or political committee  PARTICIPAT-
 ING  IN  THE  STATE'S PUBLIC CAMPAIGN FINANCING SYSTEM PURSUANT TO TITLE
 TWO OF THIS ARTICLE and no  SUCH candidate or  political  committee  may
 accept  any contribution from any contributor, which is in the aggregate
 amount greater than election for party position, or  for  nomination  to
 public office, the product of the total number of enrolled voters in the
 candidate's  party in the district in which he is a candidate, excluding
 voters in inactive status, multiplied by $.05, and (ii) in the  case  of
 any  election  for  a  public office, the product of the total number of
 registered voters in the district, excluding voters in inactive  status,
 multiplied  by $.05, however in the case of a nomination within the city
 of New York for the office of mayor,  public  advocate  or  comptroller,
 such  amount  shall be not less than four thousand dollars nor more than
 twelve thousand dollars as increased or decreased by the cost of  living
 adjustment  described in paragraph c of this subdivision; in the case of
 an election within the city of New York for the office of mayor,  public
 advocate  or  comptroller,  twenty-five thousand dollars as increased or
 decreased by the cost of living adjustment described in paragraph  c  of
 this  subdivision;  in  the  case  of a nomination OR ELECTION for state
 senator, [four] TEN thousand dollars [as increased or decreased  by  the
 cost  of living adjustment described in paragraph c of this subdivision;
 in the case of an election for state senator, six thousand  two  hundred
 fifty dollars as increased or decreased by the cost of living adjustment
 described in paragraph c of this subdivision], DIVIDED EQUALLY AMONG THE
 PRIMARY  AND  GENERAL  ELECTION  IN AN ELECTION CYCLE; in the case of an
 election or nomination  for  a  member  of  the  assembly,  [twenty-five
 hundred]  SIX THOUSAND dollars [as increased or decreased by the cost of
 living adjustment described in paragraph c of this subdivision;  but  in
 no event shall any such maximum exceed fifty thousand dollars or be less
 than one thousand dollars], DIVIDED EQUALLY AMONG THE PRIMARY AND GENER-
 AL  ELECTION  IN  AN  ELECTION CYCLE; provided however, that the maximum
 amount which may be so contributed or accepted, in the  aggregate,  from
 any  candidate's child, parent, grandparent, brother and sister, and the
 spouse of any such persons, shall not exceed in the case of any election

 S. 7508--B                         243                        A. 9508--B
 
 for party position or nomination for public office an amount  equivalent
 to  the  number  of  enrolled  voters  in  the  candidate's party in the
 district in which he  is  a  candidate,  excluding  voters  in  inactive
 status,  multiplied  by  $.25  and in the case of any election to public
 office, an amount equivalent to the number of registered voters  in  the
 district,  excluding  voters  in inactive status, multiplied by $.25; or
 twelve hundred fifty dollars, whichever is greater, or in the case of  a
 nomination  or  election  of  a  state senator, twenty thousand dollars,
 whichever is greater, or in the case of a nomination or  election  of  a
 member  of  the assembly twelve thousand five hundred dollars, whichever
 is greater, but in no event shall any such maximum  exceed  one  hundred
 thousand dollars.
   c. IN ANY ELECTION FOR A PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS OF
 THE  ENTIRE  STATE, OR FOR NOMINATION TO ANY SUCH OFFICE, NO CONTRIBUTOR
 MAY MAKE A CONTRIBUTION TO  ANY  CANDIDATE  OR  POLITICAL  COMMITTEE  IN
 CONNECTION  WITH  A  CANDIDATE  WHO  IS NOT A PARTICIPATING CANDIDATE AS
 DEFINED IN SUBDIVISION FOURTEEN OF SECTION 14-200-A OF THIS ARTICLE, AND
 NO SUCH CANDIDATE OR POLITICAL COMMITTEE  MAY  ACCEPT  ANY  CONTRIBUTION
 FROM  ANY  CONTRIBUTOR,  WHICH  IS  IN THE AGGREGATE AMOUNT GREATER THAN
 EIGHTEEN THOUSAND DOLLARS, DIVIDED EQUALLY AMONG THE PRIMARY AND GENERAL
 ELECTION IN AN ELECTION CYCLE; PROVIDED HOWEVER, THAT THE MAXIMUM AMOUNT
 WHICH MAY BE SO CONTRIBUTED OR ACCEPTED,  IN  THE  AGGREGATE,  FROM  ANY
 CANDIDATE'S  CHILD,  PARENT,  GRANDPARENT,  BROTHER  AND SISTER, AND THE
 SPOUSE OF ANY SUCH PERSONS, SHALL NOT EXCEED IN THE CASE  OF  ANY  NOMI-
 NATION  TO  PUBLIC  OFFICE  AN  AMOUNT  EQUIVALENT TO THE PRODUCT OF THE
 NUMBER OF ENROLLED VOTERS IN THE CANDIDATE'S PARTY IN THE STATE, EXCLUD-
 ING VOTERS IN INACTIVE STATUS, MULTIPLIED BY $.025, AND IN THE  CASE  OF
 ANY ELECTION FOR A PUBLIC OFFICE, AN AMOUNT EQUIVALENT TO THE PRODUCT OF
 THE  NUMBER OF REGISTERED VOTERS IN THE STATE, EXCLUDING VOTERS IN INAC-
 TIVE STATUS, MULTIPLIED BY $.025.
   D. IN ANY NOMINATION OR ELECTION OF A CANDIDATE WHO IS NOT  A  PARTIC-
 IPATING  CANDIDATE  FOR  STATE  SENATOR,  TEN  THOUSAND DOLLARS, DIVIDED
 EQUALLY AMONG THE PRIMARY AND GENERAL ELECTION IN AN ELECTION CYCLE;  IN
 THE  CASE OF AN ELECTION OR NOMINATION FOR A MEMBER OF THE ASSEMBLY, SIX
 THOUSAND DOLLARS, DIVIDED EQUALLY AMONG THE PRIMARY AND GENERAL ELECTION
 IN AN ELECTION CYCLE.
   E.(1) At the beginning of each fourth  calendar  year,  commencing  in
 nineteen  hundred  ninety-five,  the  state  board  shall  determine the
 percentage of the difference between the most recent  available  monthly
 consumer  price  index  for  all urban consumers published by the United
 States  bureau  of  labor  statistics  and  such  consumer  price  index
 published  for  the same month four years previously. The amount of each
 contribution limit fixed in this subdivision shall be  adjusted  by  the
 amount  of such percentage difference to the closest one hundred dollars
 by the state board which, not later than the first day  of  February  in
 each  such  year, shall issue a regulation publishing the amount of each
 such contribution limit. Each contribution limit as so adjusted shall be
 the contribution limit in effect for any election held before  the  next
 such adjustment.
   (2)  PROVIDED,  HOWEVER,  THAT  SUCH  ADJUSTMENTS  SHALL NOT OCCUR FOR
 CANDIDATES SEEKING STATEWIDE OFFICE, OR THE POSITION OF STATE SENATOR OR
 MEMBER OF THE ASSEMBLY, WHETHER SUCH CANDIDATE DOES OR DOES NOT  PARTIC-
 IPATE IN THE PUBLIC FINANCE PROGRAM ESTABLISHED PURSUANT TO TITLE TWO OF
 THIS ARTICLE.
   F.  NOTWITHSTANDING  ANY  OTHER  CONTRIBUTION  LIMIT  IN THIS SECTION,
 PARTICIPATING CANDIDATES AS DEFINED IN SUBDIVISION FOURTEEN  OF  SECTION

 S. 7508--B                         244                        A. 9508--B
 
 14-200-A  OF  THIS ARTICLE MAY CONTRIBUTE, OUT OF THEIR OWN MONEY, THREE
 TIMES THE APPLICABLE CONTRIBUTION LIMIT TO THEIR OWN AUTHORIZED  COMMIT-
 TEE.
   §  4.  Article 14 of the election law is amended by adding a new title
 II to read as follows:
                                  TITLE II
                             PUBLIC FINANCING
 SECTION 14-200.   LEGISLATIVE FINDINGS AND INTENT.
         14-200-A. DEFINITIONS.
         14-201.   POLITICAL COMMITTEE REGISTRATION.
         14-202.   PROOF OF COMPLIANCE.
         14-203.   ELIGIBILITY.
         14-204.   LIMITS ON PUBLIC FINANCING.
         14-205.   PAYMENT OF PUBLIC MATCHING FUNDS.
         14-206.   USE  OF  PUBLIC  MATCHING  FUNDS;  QUALIFIED  CAMPAIGN
                     EXPENDITURES.
         14-207.   COMPOSITION, POWERS, AND DUTIES OF THE PUBLIC CAMPAIGN
                     FINANCE BOARD.
         14-208.   AUDITS AND REPAYMENTS.
         14-209.   ENFORCEMENT  AND  PENALTIES  FOR  VIOLATIONS AND OTHER
                     PROCEEDINGS.
         14-210.   REPORTS.
         14-211.   DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE.
         14-212.   SEVERABILITY.
   § 14-200. LEGISLATIVE FINDINGS AND INTENT. THE LEGISLATURE FINDS  THAT
 REFORM OF NEW YORK STATE'S CAMPAIGN FINANCE SYSTEM IS CRUCIAL TO IMPROV-
 ING PUBLIC CONFIDENCE IN THE STATE'S DEMOCRATIC PROCESSES AND CONTINUING
 TO  ENSURE  A GOVERNMENT THAT IS ACCOUNTABLE TO ALL OF THE VOTERS OF THE
 STATE REGARDLESS OF WEALTH OR POSITION. THE LEGISLATURE FINDS  THAT  NEW
 YORK'S  CURRENT SYSTEM OF CAMPAIGN FINANCE, WITH ITS LARGE CONTRIBUTIONS
 TO CANDIDATES FOR OFFICE AND PARTY COMMITTEES, HAS CREATED THE POTENTIAL
 FOR AND THE APPEARANCE OF  CORRUPTION.  THE  LEGISLATURE  FURTHER  FINDS
 THAT,  WHETHER OR NOT THIS SYSTEM CREATES ACTUAL CORRUPTION, THE APPEAR-
 ANCE OF SUCH CORRUPTION CAN GIVE RISE TO A DISTRUST  IN  GOVERNMENT  AND
 CITIZEN APATHY THAT UNDERMINES THE DEMOCRATIC OPERATION OF THE POLITICAL
 PROCESS.
   THE LEGISLATURE ALSO FINDS THAT THE HIGH COST OF RUNNING FOR OFFICE IN
 NEW  YORK  DISCOURAGES  QUALIFIED CANDIDATES FROM RUNNING FOR OFFICE AND
 CREATES AN ELECTORAL SYSTEM THAT ENCOURAGES CANDIDATES TO SPEND TOO MUCH
 TIME RAISING MONEY RATHER THAN ATTENDING TO THE DUTIES OF THEIR  OFFICE,
 REPRESENTING  THE  NEEDS  OF  THEIR CONSTITUENTS, AND COMMUNICATING WITH
 VOTERS.
   THE LEGISLATURE AMENDS THIS ARTICLE CREATING A NEW TITLE TO THIS ARTI-
 CLE TO REDUCE THE POSSIBILITY  AND  APPEARANCE  THAT  SPECIAL  INTERESTS
 EXERCISE  UNDUE  INFLUENCE  OVER STATE OFFICIALS; TO INCREASE THE ACTUAL
 AND APPARENT RESPONSIVENESS OF  ELECTED  OFFICIALS  TO  ALL  VOTERS;  TO
 ENCOURAGE  QUALIFIED  CANDIDATES  TO  RUN  FOR OFFICE; AND TO REDUCE THE
 PRESSURE ON CANDIDATES TO SPEND LARGE  AMOUNTS  OF  TIME  RAISING  LARGE
 CONTRIBUTIONS FOR THEIR CAMPAIGNS.
   THE LEGISLATURE ALSO FINDS THAT THE SYSTEM OF VOLUNTARY PUBLIC FINANC-
 ING  FURTHERS  THE GOVERNMENT'S INTEREST IN ENCOURAGING QUALIFIED CANDI-
 DATES TO RUN FOR OFFICE. THE LEGISLATURE FINDS THAT THE VOLUNTARY PUBLIC
 FUNDING PROGRAM WILL ENLARGE THE  PUBLIC  DEBATE  AND  INCREASE  PARTIC-
 IPATION  IN  THE  DEMOCRATIC PROCESS. IN ADDITION, THE LEGISLATURE FINDS
 THAT THE VOLUNTARY EXPENDITURE LIMITATIONS  AND  MATCHING  FUND  PROGRAM

 S. 7508--B                         245                        A. 9508--B
 
 REDUCE  THE BURDEN ON CANDIDATES AND OFFICEHOLDERS TO SPEND TIME RAISING
 MONEY FOR THEIR CAMPAIGNS.
   THEREFORE,  THE LEGISLATURE DECLARES THAT THESE AMENDMENTS FURTHER THE
 IMPORTANT AND VALID  GOVERNMENT  INTERESTS  OF  REDUCING  VOTER  APATHY,
 BUILDING  CONFIDENCE  IN GOVERNMENT, REDUCING THE REALITY AND APPEARANCE
 OF CORRUPTION, AND ENCOURAGING QUALIFIED CANDIDATES TO RUN  FOR  OFFICE,
 WHILE REDUCING CANDIDATES' AND OFFICEHOLDERS' FUNDRAISING BURDENS.
   § 14-200-A. DEFINITIONS. FOR THE PURPOSES OF THIS TITLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "AUTHORIZED COMMITTEE" MEANS THE SINGLE POLITICAL COMMITTEE DESIG-
 NATED BY A  CANDIDATE  PURSUANT  TO  THESE  RECOMMENDATIONS  TO  RECEIVE
 CONTRIBUTIONS  AND  MAKE  EXPENDITURES  IN  SUPPORT  OF  THE CANDIDATE'S
 CAMPAIGN FOR SUCH ELECTION.
   2. "PCFB" MEANS THE PUBLIC CAMPAIGN FINANCE BOARD ESTABLISHED IN  THIS
 TITLE, UNLESS OTHERWISE SPECIFIED.
   3.  "CONTRIBUTION"  SHALL HAVE THE SAME MEANING AS APPEARS IN SUBDIVI-
 SION NINE OF SECTION 14-100 OF THIS ARTICLE.
   4. "CONTRIBUTOR" MEANS ANY PERSON OR ENTITY THAT MAKES A CONTRIBUTION.
   5. "COVERED ELECTION" MEANS ANY PRIMARY, GENERAL, OR SPECIAL  ELECTION
 FOR  NOMINATION  FOR  ELECTION,  OR ELECTION, TO THE OFFICE OF GOVERNOR,
 LIEUTENANT GOVERNOR, ATTORNEY GENERAL, STATE COMPTROLLER, STATE SENATOR,
 OR MEMBER OF THE ASSEMBLY.
   6. "ELECTION CYCLE" MEANS THE TWO-YEAR PERIOD STARTING THE  DAY  AFTER
 THE  LAST  GENERAL ELECTION FOR CANDIDATES FOR THE STATE LEGISLATURE AND
 SHALL MEAN THE FOUR-YEAR PERIOD STARTING AFTER THE DAY  AFTER  THE  LAST
 GENERAL ELECTION FOR CANDIDATES FOR STATEWIDE OFFICE.
   7.  "EXPENDITURE"  MEANS  ANY GIFT, SUBSCRIPTION, ADVANCE, PAYMENT, OR
 DEPOSIT OF MONEY, OR ANYTHING OF VALUE, OR A CONTRACT TO MAKE ANY  GIFT,
 SUBSCRIPTION,  PAYMENT,  OR DEPOSIT OF MONEY, OR ANYTHING OF VALUE, MADE
 IN CONNECTION WITH THE NOMINATION FOR  ELECTION,  OR  ELECTION,  OF  ANY
 CANDIDATE.    EXPENDITURES  MADE  BY  CONTRACT ARE DEEMED MADE WHEN SUCH
 FUNDS ARE OBLIGATED.
   8. "FUND" MEANS THE NEW YORK STATE CAMPAIGN FINANCE  FUND  ESTABLISHED
 PURSUANT TO SECTION NINETY-TWO-T OF THE STATE FINANCE LAW.
   9.  "IMMEDIATE  FAMILY"  MEANS  A  SPOUSE,  DOMESTIC  PARTNER,  CHILD,
 SIBLING, OR PARENT.
   10. "ITEM WITH SIGNIFICANT INTRINSIC AND  ENDURING  VALUE"  MEANS  ANY
 ITEM,  INCLUDING  TICKETS  TO  AN  EVENT, THAT ARE VALUED AT TWENTY-FIVE
 DOLLARS OR MORE.
   11. (A) "MATCHABLE CONTRIBUTION" MEANS A CONTRIBUTION  NOT  LESS  THAN
 FIVE  DOLLARS  AND NOT MORE THAN TWO HUNDRED FIFTY DOLLARS, FOR A CANDI-
 DATE FOR PUBLIC OFFICE TO BE VOTED ON BY THE VOTERS OF THE ENTIRE  STATE
 OR  FOR  NOMINATION  TO  ANY SUCH OFFICE, A CONTRIBUTION FOR ANY COVERED
 ELECTIONS HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL PERSON  WHO
 IS A RESIDENT IN THE STATE OF NEW YORK TO A PARTICIPATING CANDIDATE, AND
 FOR  A  CANDIDATE  FOR ELECTION TO THE STATE ASSEMBLY OR STATE SENATE OR
 FOR NOMINATION TO ANY  SUCH  OFFICE,  A  CONTRIBUTION  FOR  ANY  COVERED
 ELECTIONS  HELD IN THE SAME ELECTION CYCLE, MADE BY A NATURAL PERSON WHO
 IS ALSO A RESIDENT OF SUCH STATE ASSEMBLY OR STATE SENATE DISTRICT  FROM
 WHICH  SUCH  CANDIDATE  IS SEEKING NOMINATION OR ELECTION, THAT HAS BEEN
 REPORTED IN FULL TO THE PCFB IN  ACCORDANCE  WITH  SECTIONS  14-102  AND
 14-104  OF  THIS ARTICLE BY THE CANDIDATE'S AUTHORIZED COMMITTEE AND HAS
 BEEN CONTRIBUTED ON OR BEFORE THE DAY OF THE APPLICABLE PRIMARY,  GENER-
 AL,  RUNOFF,  OR SPECIAL ELECTION. ANY CONTRIBUTION, CONTRIBUTIONS, OR A
 PORTION OF A CONTRIBUTION DETERMINED TO BE INVALID FOR MATCHING FUNDS BY
 THE PCFB MAY NOT BE TREATED AS A MATCHABLE CONTRIBUTION FOR ANY PURPOSE.

 S. 7508--B                         246                        A. 9508--B
 
   (B) THE FOLLOWING CONTRIBUTIONS ARE NOT MATCHABLE:
   (I) LOANS;
   (II) IN-KIND CONTRIBUTIONS OF PROPERTY, GOODS, OR SERVICES;
   (III) CONTRIBUTIONS IN THE FORM OF THE PURCHASE PRICE PAID FOR AN ITEM
 WITH SIGNIFICANT INTRINSIC AND ENDURING VALUE;
   (IV) TRANSFERS FROM A PARTY OR CONSTITUTED COMMITTEE;
   (V) ANONYMOUS CONTRIBUTIONS;
   (VI)  CONTRIBUTIONS  WHOSE SOURCE IS NOT ITEMIZED AS REQUIRED BY THESE
 RECOMMENDATIONS;
   (VII) CONTRIBUTIONS GATHERED DURING A PREVIOUS ELECTION CYCLE;
   (VIII) ILLEGAL CONTRIBUTIONS;
   (IX) CONTRIBUTIONS FROM MINORS;
   (X) CONTRIBUTIONS FROM VENDORS FOR CAMPAIGNS HIRED  BY  THE  CANDIDATE
 FOR SUCH ELECTION CYCLE;
   (XI) CONTRIBUTIONS FROM LOBBYISTS REGISTERED PURSUANT TO SUBDIVISION
   (A) OF SECTION ONE-C OF THE LEGISLATIVE LAW; AND
   (XII)  ANY  PORTION OF A CONTRIBUTION WHEN THE AGGREGATE CONTRIBUTIONS
 ARE IN EXCESS OF TWO HUNDRED FIFTY DOLLARS FROM ANY ONE  CONTRIBUTOR  TO
 SUCH PARTICIPATING CANDIDATE FOR NOMINATION OR ELECTION.
   13.  "NONPARTICIPATING  CANDIDATE"  MEANS  A  CANDIDATE  FOR A COVERED
 ELECTION WHO FAILS TO FILE A WRITTEN CERTIFICATION IN  THE  FORM  OF  AN
 AFFIDAVIT PURSUANT TO THESE RECOMMENDATION BY THE APPLICABLE DEADLINE.
   14.  "PARTICIPATING  CANDIDATE" MEANS ANY CANDIDATE FOR NOMINATION FOR
 ELECTION, OR ELECTION, TO THE OFFICE OF GOVERNOR,  LIEUTENANT  GOVERNOR,
 ATTORNEY  GENERAL,  STATE  COMPTROLLER,  STATE SENATOR, OR MEMBER OF THE
 ASSEMBLY, WHO FILES A WRITTEN CERTIFICATION IN THE  FORM  DETERMINED  BY
 THE PCFB.
   15. "POST-ELECTION PERIOD" MEANS THE PERIOD FOLLOWING AN ELECTION WHEN
 A CANDIDATE IS SUBJECT TO AN AUDIT.
   16.  "QUALIFIED  CAMPAIGN  EXPENDITURE" MEANS AN EXPENDITURE FOR WHICH
 PUBLIC MATCHING FUNDS MAY BE USED.
   17. "THRESHOLD FOR ELIGIBILITY" MEANS THE AMOUNT OF MATCHABLE CONTRIB-
 UTIONS THAT A CANDIDATE'S AUTHORIZED COMMITTEE MUST RECEIVE IN TOTAL  IN
 ORDER FOR SUCH CANDIDATE TO QUALIFY FOR VOLUNTARY PUBLIC FINANCING UNDER
 THIS TITLE.
   18.  "TRANSFER" MEANS ANY EXCHANGE OF FUNDS BETWEEN A PARTY OR CONSTI-
 TUTED COMMITTEE AND A CANDIDATE OR ANY OF HIS OR HER AUTHORIZED  COMMIT-
 TEES.
   19.  "SURPLUS"  MEANS THOSE FUNDS WHERE THE TOTAL SUM OF CONTRIBUTIONS
 RECEIVED AND PUBLIC MATCHABLE FUNDS RECEIVED BY A  PARTICIPATING  CANDI-
 DATE  AND  HIS  OR  HER  AUTHORIZED COMMITTEE EXCEEDS THE TOTAL CAMPAIGN
 EXPENDITURES OF SUCH CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL  COVERED
 ELECTIONS  HELD  IN  THE SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO
 FILL A VACANCY.
   § 14-201. POLITICAL COMMITTEE REGISTRATION. 1.  POLITICAL  COMMITTEES,
 AS  DEFINED  PURSUANT TO SUBDIVISION ONE OF SECTION 14-100 OF THIS ARTI-
 CLE, SHALL REGISTER WITH THE STATE BOARD OF ELECTIONS BEFORE MAKING  ANY
 CONTRIBUTION  OR EXPENDITURE. THE STATE BOARD OF ELECTIONS SHALL PUBLISH
 A CUMULATIVE LIST OF POLITICAL COMMITTEES THAT HAVE REGISTERED,  INCLUD-
 ING ON ITS WEBPAGE, AND REGULARLY UPDATE IT.
   2.  ONLY  ONE  AUTHORIZED  COMMITTEE PER CANDIDATE PER ELECTIVE OFFICE
 SOUGHT. BEFORE RECEIVING ANY CONTRIBUTION OR MAKING ANY EXPENDITURE  FOR
 A  COVERED  ELECTION,  EACH  CANDIDATE  SHALL  NOTIFY THE PCFB AS TO THE
 EXISTENCE OF HIS OR HER AUTHORIZED COMMITTEE THAT HAS BEEN  APPROVED  BY
 SUCH  CANDIDATE.  EACH  CANDIDATE SHALL HAVE ONE AND ONLY ONE AUTHORIZED

 S. 7508--B                         247                        A. 9508--B
 
 COMMITTEE PER ELECTIVE OFFICE SOUGHT. EACH  AUTHORIZED  COMMITTEE  SHALL
 HAVE A TREASURER.
   3.  (A) IN ADDITION TO EACH AUTHORIZED AND POLITICAL COMMITTEE REPORT-
 ING TO THE PCFB EVERY CONTRIBUTION AND LOAN RECEIVED AND EVERY  EXPENDI-
 TURE  MADE IN THE TIME AND MANNER PRESCRIBED BY SECTIONS 14-102, 14-104,
 AND 14-108 OF THIS ARTICLE, EACH AUTHORIZED AND POLITICAL COMMITTEE  FOR
 PARTICIPATING  CANDIDATES  SHALL ALSO SUBMIT DISCLOSURE REPORTS ON MARCH
 FIFTEENTH OF EACH ELECTION YEAR REPORTING TO THE PCFB EVERY CONTRIBUTION
 AND LOAN RECEIVED AND EVERY EXPENDITURE MADE. FOR CONTRIBUTORS WHO  MAKE
 AGGREGATE  CONTRIBUTIONS OF ONE HUNDRED DOLLARS OR MORE, EACH AUTHORIZED
 AND POLITICAL COMMITTEE SHALL REPORT TO  THE  PCFB  THE  OCCUPATION  AND
 BUSINESS  ADDRESS OF EACH CONTRIBUTOR AND LENDER. THE PCFB SHALL REVISE,
 PREPARE, AND POST FORMS ON ITS WEBPAGE THAT FACILITATE  COMPLIANCE  WITH
 THE REQUIREMENTS OF THIS SECTION.
   (B)  THE  PCFB  SHALL  REVIEW  EACH  DISCLOSURE REPORT FILED AND SHALL
 INFORM AUTHORIZED AND POLITICAL COMMITTEES OF RELEVANT QUESTIONS IT  HAS
 CONCERNING:  (I)  COMPLIANCE  WITH REQUIREMENTS OF THIS TITLE AND OF THE
 RULES ISSUED BY THE PCFB, AND (II) QUALIFICATION  FOR  RECEIVING  PUBLIC
 MATCHING  FUNDS PURSUANT TO THIS TITLE. IN THE COURSE OF THIS REVIEW, IT
 SHALL GIVE AUTHORIZED AND POLITICAL COMMITTEES AN OPPORTUNITY TO RESPOND
 TO AND CORRECT POTENTIAL VIOLATIONS AND GIVE CANDIDATES  AN  OPPORTUNITY
 TO  ADDRESS  QUESTIONS  IT  HAS  CONCERNING THEIR MATCHABLE CONTRIBUTION
 CLAIMS OR OTHER  ISSUES  CONCERNING  ELIGIBILITY  FOR  RECEIVING  PUBLIC
 MATCHING FUNDS PURSUANT TO THIS TITLE.
   (C) CONTRIBUTIONS THAT ARE NOT ITEMIZED IN REPORTS FILED WITH THE PCFB
 SHALL NOT BE MATCHABLE.
   (D)  PARTICIPATING  CANDIDATES  MAY  FILE  REPORTS OF CONTRIBUTIONS AS
 FREQUENTLY AS ONCE A WEEK ON MONDAY SO THAT THEIR MATCHING FUNDS MAY  BE
 PAID AT THE EARLIEST ALLOWABLE DATE.
   § 14-202. PROOF  OF  COMPLIANCE.  AUTHORIZED  AND POLITICAL COMMITTEES
 SHALL MAINTAIN SUCH RECORDS OF RECEIPTS AND EXPENDITURES FOR  A  COVERED
 ELECTION  AS  REQUIRED  BY THE PCFB. AUTHORIZED AND POLITICAL COMMITTEES
 SHALL OBTAIN AND FURNISH TO THE PCFB  ANY  INFORMATION  IT  MAY  REQUEST
 RELATING  TO  FINANCIAL  TRANSACTIONS  OR CONTRIBUTIONS AND FURNISH SUCH
 DOCUMENTATION AND OTHER PROOF OF COMPLIANCE WITH THIS TITLE  AS  MAY  BE
 REQUESTED. IN COMPLIANCE WITH SECTION 14-108 OF THIS ARTICLE, AUTHORIZED
 AND  POLITICAL  COMMITTEES  SHALL  MAINTAIN COPIES OF SUCH RECORDS FOR A
 PERIOD OF FIVE YEARS.
   § 14-203. ELIGIBILITY. 1. TERMS AND CONDITIONS.  TO  BE  ELIGIBLE  FOR
 VOLUNTARY PUBLIC FINANCING UNDER THIS TITLE, A CANDIDATE MUST:
   (A) BE A CANDIDATE IN A COVERED ELECTION;
   (B)  MEET  ALL  THE REQUIREMENTS OF LAW TO HAVE HIS OR HER NAME ON THE
 BALLOT, SUBJECT TO THE REQUIREMENTS  OF  SUBDIVISION  THREE  OF  SECTION
 1-104 AND SUBDIVISION ONE OF SECTION 6-142 OF THIS CHAPTER;
   (C)  IN  THE CASE OF A COVERED GENERAL OR SPECIAL ELECTION, BE OPPOSED
 BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN CANDIDATE;
   (D) SUBMIT A CERTIFICATION IN THE FORM OF AN AFFIDAVIT, IN  SUCH  FORM
 AS  MAY BE PRESCRIBED BY THE PCFB, THAT SETS FORTH HIS OR HER ACCEPTANCE
 OF AND AGREEMENT TO  COMPLY  WITH  THE  TERMS  AND  CONDITIONS  FOR  THE
 PROVISION  OF SUCH FUNDS IN EACH COVERED ELECTION AND SUCH CERTIFICATION
 SHALL BE SUBMITTED AT LEAST FOUR MONTHS BEFORE A PRIMARY ELECTION AND ON
 THE LAST DAY IN WHICH A  CERTIFICATION  OF  NOMINATION  IS  FILED  IN  A
 SPECIAL ELECTION PURSUANT TO A SCHEDULE PROMULGATED BY THE PCFB;
   (E) BE CERTIFIED AS A PARTICIPATING CANDIDATE BY THE PCFB;
   (F)  NOT  MAKE, AND NOT HAVE MADE, EXPENDITURES FROM OR USE HIS OR HER
 PERSONAL FUNDS OR PROPERTY OR THE PERSONAL  FUNDS  OR  PROPERTY  JOINTLY

 S. 7508--B                         248                        A. 9508--B

 HELD  WITH  HIS  OR  HER SPOUSE, OR UNEMANCIPATED CHILDREN IN CONNECTION
 WITH HIS OR HER NOMINATION FOR ELECTION OR ELECTION TO A COVERED OFFICE,
 BUT MAY MAKE A CONTRIBUTION TO HIS OR HER  AUTHORIZED  COMMITTEE  IN  AN
 AMOUNT  THAT  DOES  NOT  EXCEED  THREE TIMES THE APPLICABLE CONTRIBUTION
 LIMIT FROM AN INDIVIDUAL CONTRIBUTOR TO CANDIDATES FOR THE  OFFICE  THAT
 HE OR SHE IS SEEKING;
   (G) MEET THE THRESHOLD FOR ELIGIBILITY SET FORTH IN SUBDIVISION TWO OF
 THIS SECTION;
   (H)  CONTINUE  TO  ABIDE  BY ALL REQUIREMENTS DURING THE POST-ELECTION
 PERIOD; AND
   (I) NOT HAVE ACCEPTED CONTRIBUTIONS IN AMOUNTS EXCEEDING THE  CONTRIB-
 UTION  LIMITS SET FORTH FOR CANDIDATES IN PARAGRAPHS A AND B OF SUBDIVI-
 SION ONE OF SECTION 14-114 OF THIS ARTICLE DURING THE ELECTION CYCLE FOR
 WHICH THE CANDIDATE SEEKS CERTIFICATION;
   (I) PROVIDED HOWEVER, THAT,  IF  A  CANDIDATE  ACCEPTED  CONTRIBUTIONS
 EXCEEDING  SUCH  LIMITS, SUCH ACCEPTANCE SHALL NOT PREVENT THE CANDIDATE
 FROM BEING CERTIFIED BY THE PCFB IF THE CANDIDATE IN A REASONABLE  TIME,
 AS  DETERMINED  BY  RULE, PAYS TO THE FUND OR RETURNS TO THE CONTRIBUTOR
 THE PORTION OF ANY CONTRIBUTION THAT EXCEEDED  THE  APPLICABLE  CONTRIB-
 UTION LIMIT.
   (II)  IF  THE CANDIDATE IS UNABLE TO RETURN SUCH FUNDS IN A REASONABLE
 TIME, AS DETERMINED BY RULE,  BECAUSE  THEY  HAVE  ALREADY  BEEN  SPENT,
 ACCEPTANCE  OF  CONTRIBUTIONS EXCEEDING THE LIMITS SHALL NOT PREVENT THE
 CANDIDATE FROM BEING CERTIFIED BY THE PCFB IF THE CANDIDATE  SUBMITS  AN
 AFFIDAVIT  AGREEING TO PAY TO THE FUND ALL PORTIONS OF ANY CONTRIBUTIONS
 THAT EXCEEDED THE LIMIT NO LATER THAN THIRTY  DAYS  BEFORE  THE  GENERAL
 ELECTION.  IF  A CANDIDATE PROVIDES THE PCFB WITH SUCH AN AFFIDAVIT, ANY
 DISBURSEMENT OF PUBLIC FUNDS TO THE CANDIDATE SHALL  BE  REDUCED  BY  NO
 MORE  THAN TWENTY-FIVE PERCENT UNTIL THE TOTAL AMOUNT OWED BY THE CANDI-
 DATE IS REPAID.
   (III) NOTHING IN THIS SECTION SHALL BE INTERPRETED TO REQUIRE A CANDI-
 DATE WHO RETAINS FUNDS RAISED DURING  ANY  PREVIOUS  ELECTION  CYCLE  TO
 FORFEIT SUCH FUNDS. FUNDS RAISED DURING A PREVIOUS ELECTION CYCLE MAY BE
 RETAINED  AND  USED BY THE CANDIDATE FOR THE CANDIDATE'S CAMPAIGN IN THE
 NEXT ELECTION CYCLE BUT FUNDS  SHALL  NOT  QUALIFY  FOR  SATISFYING  THE
 THRESHOLD  FOR  PARTICIPATING  IN  THE  PUBLIC  CAMPAIGN FINANCE PROGRAM
 ESTABLISHED IN THIS TITLE NOR SHALL THEY BE ELIGIBLE TO BE MATCHED.  THE
 PCFB  SHALL  ADOPT  REGULATIONS  TO ENSURE THAT CONTRIBUTIONS THAT WOULD
 SATISFY THE APPLICABLE CONTRIBUTION  LIMITS  AUTHORIZED  IN  THIS  TITLE
 SHALL BE TRANSFERRED INTO THE APPROPRIATE CAMPAIGN ACCOUNT.
   (IV)  CONTRIBUTIONS RECEIVED AND EXPENDITURES MADE BY THE CANDIDATE OR
 AN AUTHORIZED COMMITTEE OF THE CANDIDATE PRIOR TO THE EFFECTIVE DATE  OF
 THIS  TITLE  SHALL  NOT CONSTITUTE A VIOLATION OF THIS TITLE. UNEXPENDED
 CONTRIBUTIONS SHALL BE TREATED THE  SAME  AS  CAMPAIGN  SURPLUSES  UNDER
 SUBPARAGRAPH  (III)  OF  THIS  PARAGRAPH. NOTHING IN THIS RECOMMENDATION
 SHALL BE CONSTRUED TO LIMIT, IN ANY WAY, ANY CANDIDATE OR  PUBLIC  OFFI-
 CIAL  FROM  EXPENDING ANY PORTION OF PRE-EXISTING CAMPAIGN FUNDS FOR ANY
 LAWFUL PURPOSE OTHER THAN THOSE RELATED TO HIS OR HER CAMPAIGN.
   (V) A CANDIDATE WHO HAS RAISED MATCHABLE  CONTRIBUTIONS  BUT,  IN  THE
 CASE  OF  A COVERED PRIMARY, GENERAL OR SPECIAL ELECTION, IS NOT OPPOSED
 BY ANOTHER CANDIDATE ON THE BALLOT WHO IS NOT A WRITE-IN  CANDIDATE,  OR
 WHO CHOOSES NOT TO ACCEPT MATCHABLE FUNDS, MAY RETAIN SUCH CONTRIBUTIONS
 AND  APPLY  THEM  IN  ACCORD  WITH  THIS  TITLE  TO THE CANDIDATE'S NEXT
 CAMPAIGN, SHOULD THERE BE ONE, IN THE NEXT ELECTION CYCLE.
   2. THRESHOLD FOR ELIGIBILITY. (A) THE THRESHOLD  FOR  ELIGIBILITY  FOR
 PUBLIC FUNDING FOR PARTICIPATING CANDIDATES SHALL BE IN THE CASE OF:

 S. 7508--B                         249                        A. 9508--B
 
   (I)  GOVERNOR, NOT LESS THAN FIVE HUNDRED THOUSAND DOLLARS IN CONTRIB-
 UTIONS INCLUDING AT LEAST FIVE THOUSAND MATCHABLE CONTRIBUTIONS SHALL BE
 COUNTED TOWARD THIS QUALIFYING THRESHOLD;
   (II)  LIEUTENANT  GOVERNOR, ATTORNEY GENERAL AND COMPTROLLER, NOT LESS
 THAN ONE HUNDRED THOUSAND DOLLARS IN CONTRIBUTIONS  INCLUDING  AT  LEAST
 ONE THOUSAND MATCHABLE CONTRIBUTIONS SHALL BE COUNTED TOWARD THIS QUALI-
 FYING THRESHOLD;
   (III)  STATE SENATOR, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF
 THIS SUBDIVISION, NOT LESS THAN TWELVE THOUSAND DOLLARS IN CONTRIBUTIONS
 INCLUDING AT LEAST ONE HUNDRED FIFTY MATCHABLE  CONTRIBUTIONS  SHALL  BE
 COUNTED TOWARD THIS QUALIFYING THRESHOLD; AND
   (IV) MEMBER OF THE ASSEMBLY, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH
 (C)  OF THIS SUBDIVISION, NOT LESS THAN SIX THOUSAND DOLLARS IN CONTRIB-
 UTIONS INCLUDING AT LEAST SEVENTY-FIVE MATCHABLE CONTRIBUTIONS SHALL  BE
 COUNTED TOWARD THIS QUALIFYING THRESHOLD.
   (B)  HOWEVER, SOLELY FOR PURPOSES OF ACHIEVING THE MONETARY THRESHOLDS
 IN PARAGRAPH (A) OF  THIS  SUBDIVISION,  THE  FIRST  TWO  HUNDRED  FIFTY
 DOLLARS  OF ANY CONTRIBUTION OF MORE THAN TWO HUNDRED FIFTY DOLLARS TO A
 CANDIDATE OR A CANDIDATE'S COMMITTEE WHICH WOULD OTHERWISE BE  MATCHABLE
 EXCEPT  THAT  IT  COMES FROM A CONTRIBUTOR WHO HAS CONTRIBUTED MORE THAN
 TWO HUNDRED FIFTY DOLLARS TO SUCH CANDIDATE OR CANDIDATE'S COMMITTEE, IS
 DEEMED TO BE A MATCHABLE CONTRIBUTION AND SHALL COUNT TOWARD  SATISFYING
 SUCH  MONETARY THRESHOLD BUT SHALL NOT OTHERWISE BE CONSIDERED A MATCHA-
 BLE CONTRIBUTION.
   (C) WITH RESPECT TO THE MINIMUM  DOLLAR  THRESHOLD  FOR  PARTICIPATING
 CANDIDATES  FOR STATE SENATE AND STATE ASSEMBLY, IN SUCH DISTRICTS WHERE
 AVERAGE MEDIAN INCOME ("AMI") IS BELOW THE  AMI  AS  DETERMINED  BY  THE
 UNITED  STATES  CENSUS BUREAU THREE YEARS BEFORE SUCH ELECTION FOR WHICH
 PUBLIC FUNDS ARE SOUGHT, SUCH MINIMUM DOLLAR THRESHOLD  FOR  ELIGIBILITY
 SHALL  BE  REDUCED  BY  ONE-THIRD.  THE  PCFB  SHALL  MAKE  PUBLIC WHICH
 DISTRICTS ARE SUBJECT TO SUCH REDUCTION NO LATER THAN TWO  YEARS  BEFORE
 THE FIRST PRIMARY ELECTION FOR WHICH FUNDING IS SOUGHT.
   (D)  ANY PARTICIPATING CANDIDATE MEETING THE THRESHOLD FOR ELIGIBILITY
 IN A PRIMARY ELECTION FOR ONE OF THE FOREGOING OFFICES SHALL BE  APPLIED
 TO  SATISFY  THE  THRESHOLD FOR ELIGIBILITY FOR SUCH OFFICE IN ANY OTHER
 SUBSEQUENT ELECTION HELD IN THE SAME CALENDAR  YEAR.  ANY  PARTICIPATING
 CANDIDATE WHO IS NOMINATED IN A PRIMARY ELECTION AND HAS PARTICIPATED IN
 THE  PUBLIC  FINANCING PROGRAM SET FORTH IN THIS TITLE, MUST PARTICIPATE
 IN THE GENERAL ELECTION FOR SUCH OFFICE.
   § 14-204. LIMITS ON PUBLIC FINANCING. THE FOLLOWING LIMITATIONS  APPLY
 TO  THE  TOTAL AMOUNTS OF PUBLIC FUNDS THAT MAY BE PROVIDED TO A PARTIC-
 IPATING CANDIDATE'S AUTHORIZED COMMITTEE FOR AN ELECTION CYCLE:
   1. IN ANY PRIMARY ELECTION, RECEIPT OF PUBLIC FUNDS  BY  PARTICIPATING
 CANDIDATES AND BY THEIR PARTICIPATING COMMITTEES SHALL NOT EXCEED:
   (A) FOR GOVERNOR                                             $3,500,000
   (B) FOR LIEUTENANT GOVERNOR, ATTORNEY GENERAL OR COMPTROLLER $3,500,000
   (C) FOR STATE SENATOR                                        $375,000
   (D) FOR MEMBER OF THE ASSEMBLY                               $175,000
   2.  IN  ANY  GENERAL OR SPECIAL ELECTION, RECEIPT OF PUBLIC FUNDS BY A
 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEES SHALL NOT EXCEED:
   (A) FOR GOVERNOR AND LIEUTENANT GOVERNOR (COMBINED)          $3,500,000
   (B) FOR ATTORNEY GENERAL                                     $3,500,000
   (C) FOR COMPTROLLER                                          $3,500,000
   (D) FOR STATE SENATOR                                        $375,000
   (E) FOR MEMBER OF THE ASSEMBLY                               $175,000

 S. 7508--B                         250                        A. 9508--B
 
   3. NO PARTICIPATING CANDIDATE FOR NOMINATION FOR AN OFFICE WHO IS  NOT
 OPPOSED  BY  A  CANDIDATE  ON  THE BALLOT IN A PRIMARY ELECTION SHALL BE
 ENTITLED TO PAYMENT OF PUBLIC MATCHING FUNDS, EXCEPT THAT,  WHERE  THERE
 IS A CONTEST IN SUCH PRIMARY ELECTION FOR THE NOMINATION OF AT LEAST ONE
 OF  THE TWO POLITICAL PARTIES WITH THE HIGHEST AND SECOND HIGHEST NUMBER
 OF ENROLLED MEMBERS FOR SUCH OFFICE, A PARTICIPATING  CANDIDATE  WHO  IS
 UNOPPOSED  IN  THE  PRIMARY ELECTION MAY RECEIVE PUBLIC FUNDS BEFORE THE
 PRIMARY ELECTION, FOR EXPENSES INCURRED ON OR BEFORE THE  DATE  OF  SUCH
 PRIMARY  ELECTION, IN AN AMOUNT EQUAL TO UP TO HALF THE SUM SET FORTH IN
 PARAGRAPH ONE OF THIS SECTION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT THE  AMOUNT  OF
 PRIVATE FUNDS A CANDIDATE MAY RECEIVE SUBJECT TO THE CONTRIBUTION LIMITS
 CONTAINED  IN  SECTION  14-114  OF  THIS  ARTICLE.  ANY CONTRIBUTIONS SO
 RECEIVED WHICH ARE NOT EXPENDED IN THE GENERAL ELECTION MAY  BE  APPLIED
 TO  THE  NEXT  COVERED  ELECTION  FOR AN OFFICE FOR WHICH SUCH CANDIDATE
 SEEKS NOMINATION OR ELECTION.
   5. A CANDIDATE ONLY ON THE BALLOT IN ONE OR MORE PRIMARY ELECTIONS  IN
 WHICH  THE NUMBER OF PERSONS ELIGIBLE TO VOTE FOR PARTY NOMINEES IN EACH
 SUCH ELECTION TOTALS FEWER THAN ONE THOUSAND SHALL  NOT  RECEIVE  PUBLIC
 FUNDS IN EXCESS OF FIVE THOUSAND DOLLARS FOR QUALIFIED CAMPAIGN EXPENDI-
 TURES  IN  SUCH ELECTION OR ELECTIONS. FOR THE PURPOSES OF THIS SECTION,
 THE NUMBER OF PERSONS ELIGIBLE TO VOTE FOR PARTY NOMINEES IN  A  PRIMARY
 ELECTION  SHALL BE AS DETERMINED BY THE STATE BOARD OF ELECTIONS FOR THE
 CALENDAR YEAR OF THE PRIMARY ELECTION. A CANDIDATE  FOR  OFFICE  ON  THE
 BALLOT  IN  MORE  THAN ONE PRIMARY FOR SUCH OFFICE, SHALL BE DEEMED, FOR
 PURPOSES OF THIS RECOMMENDATION, TO BE A SINGLE CANDIDATE.
   § 14-205. PAYMENT OF PUBLIC MATCHING FUNDS. 1. DETERMINATION OF ELIGI-
 BILITY. NO PUBLIC MATCHING FUNDS SHALL BE PAID TO AN AUTHORIZED  COMMIT-
 TEE  UNLESS THE PCFB DETERMINES THAT THE PARTICIPATING CANDIDATE HAS MET
 THE ELIGIBILITY REQUIREMENTS OF THIS TITLE. PAYMENT SHALL NOT EXCEED THE
 AMOUNTS SPECIFIED IN SUBDIVISION TWO OF THIS SECTION, AND SHALL BE  MADE
 ONLY  IN  ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. SUCH PAYMENT MAY
 BE MADE ONLY TO THE PARTICIPATING CANDIDATE'S AUTHORIZED  COMMITTEE.  NO
 PUBLIC  MATCHING  FUNDS SHALL BE USED EXCEPT AS REIMBURSEMENT OR PAYMENT
 FOR QUALIFIED CAMPAIGN EXPENDITURES ACTUALLY AND LAWFULLY INCURRED OR TO
 REPAY LOANS USED TO PAY QUALIFIED CAMPAIGN EXPENDITURES.
   2. CALCULATION OF PAYMENT. (A) IN ANY ELECTION FOR A PUBLIC OFFICE  TO
 BE  VOTED  ON BY THE VOTERS OF THE ENTIRE STATE OR FOR NOMINATION TO ANY
 SUCH OFFICE, IF THE THRESHOLD FOR ELIGIBILITY IS MET, THE  PARTICIPATING
 CANDIDATE'S  AUTHORIZED  COMMITTEE  SHALL  RECEIVE PAYMENT FOR QUALIFIED
 CAMPAIGN EXPENDITURES OF SIX DOLLARS OF PUBLIC MATCHING FUNDS  FOR  EACH
 ONE DOLLAR OF MATCHABLE CONTRIBUTIONS, OBTAINED AND REPORTED TO THE PCFB
 IN  ACCORDANCE WITH THE PROVISIONS OF THIS TITLE. THE MAXIMUM PAYMENT OF
 PUBLIC MATCHING FUNDS SHALL BE LIMITED TO THE AMOUNTS SET FORTH IN  THIS
 SECTION FOR THE COVERED ELECTION.
   (B)  IN  ANY  ELECTION FOR STATE SENATE OR STATE ASSEMBLY OR FOR NOMI-
 NATION TO ANY SUCH OFFICE, IF THE THRESHOLD FOR ELIGIBILITY IS MET,  THE
 PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE SHALL RECEIVE PAYMENT FOR
 QUALIFIED  CAMPAIGN EXPENDITURES FOR MATCHABLE CONTRIBUTIONS OF ELIGIBLE
 PRIVATE FUNDS PER CONTRIBUTOR, OBTAINED, AND REPORTED TO THE PCFB  HERE-
 IN,  OF:   TWELVE DOLLARS OF PUBLIC MATCHING FUNDS FOR EACH OF THE FIRST
 FIFTY DOLLARS OF MATCHABLE CONTRIBUTIONS; NINE DOLLARS OF PUBLIC  MATCH-
 ING  FUNDS  FOR EACH OF THE NEXT ONE HUNDRED DOLLARS OF PUBLIC MATCHABLE
 CONTRIBUTIONS; AND EIGHT DOLLARS FOR THE EACH OF THE  NEXT  ONE  HUNDRED
 DOLLARS OF PUBLIC MATCHABLE CONTRIBUTIONS. THE MAXIMUM PAYMENT OF PUBLIC

 S. 7508--B                         251                        A. 9508--B
 
 MATCHING FUNDS SHALL BE LIMITED TO THE AMOUNTS SET FORTH IN THIS SECTION
 FOR THE COVERED ELECTION.
   3. TIMING OF PAYMENT. THE PCFB SHALL MAKE ANY PAYMENT OF PUBLIC MATCH-
 ING  FUNDS TO PARTICIPATING CANDIDATES AS SOON AS IS PRACTICABLE. BUT IN
 ALL CASES, IT SHALL VERIFY ELIGIBILITY FOR PUBLIC MATCHING FUNDS  WITHIN
 FOUR  DAYS,  EXCLUDING  WEEKENDS  AND  HOLIDAYS, OF RECEIVING A CAMPAIGN
 CONTRIBUTION REPORT FILED IN COMPLIANCE  WITH  SECTION  14-104  OF  THIS
 ARTICLE.  WITHIN  TWO DAYS OF DETERMINING THAT A CANDIDATE FOR A COVERED
 OFFICE IS ELIGIBLE FOR PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE PAYMENT
 OF THE APPLICABLE MATCHING FUNDS OWED TO THE CANDIDATE. THE  PCFB  SHALL
 SCHEDULE  AT  LEAST  THREE  PAYMENT  DATES IN THE THIRTY DAYS PRIOR TO A
 COVERED PRIMARY, GENERAL, OR SPECIAL ELECTION. IF ANY OF  SUCH  PAYMENTS
 WOULD  REQUIRE PAYMENT ON A WEEKEND OR FEDERAL HOLIDAY, PAYMENT SHALL BE
 MADE ON THE NEXT BUSINESS DAY.
   4. NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRARY,  THE
 AMOUNT  OF  PUBLIC  FUNDS  PAYABLE  TO  A PARTICIPATING CANDIDATE ON THE
 BALLOT IN ANY COVERED ELECTION SHALL NOT EXCEED ONE-QUARTER OF THE MAXI-
 MUM PUBLIC FUNDS  PAYMENT  OTHERWISE  APPLICABLE  AND  NO  PARTICIPATING
 CANDIDATE  SHALL  BE  ELIGIBLE TO RECEIVE A DISBURSEMENT OF PUBLIC FUNDS
 PRIOR TO TWO WEEKS AFTER THE LAST DAY TO FILE DESIGNATING PETITIONS  FOR
 A  PRIMARY  ELECTION  UNLESS THE PARTICIPATING CANDIDATE IS OPPOSED BY A
 COMPETITIVE CANDIDATE. THE PCFB SHALL, BY REGULATION, SET  FORTH  OBJEC-
 TIVE  STANDARDS  TO DETERMINE WHETHER A CANDIDATE IS COMPETITIVE AND THE
 PROCEDURES FOR QUALIFYING FOR THE PAYMENT OF PUBLIC FUNDS.
   5. ELECTRONIC FUNDS TRANSFER. THE PCFB SHALL, IN CONSULTATION WITH THE
 OFFICE OF THE COMPTROLLER, PROMULGATE  RULES  TO  FACILITATE  ELECTRONIC
 FUNDS  TRANSFERS DIRECTLY FROM THE CAMPAIGN FINANCE FUND INTO AN AUTHOR-
 IZED COMMITTEE'S BANK ACCOUNT.
   6.  IRREGULARLY  SCHEDULED  ELECTIONS.   NOTWITHSTANDING   ANY   OTHER
 PROVISION  OF THIS TITLE, THE PCFB SHALL PROMULGATE RULES TO PROVIDE FOR
 THE PROMPT ISSUANCE OF PUBLIC MATCHING FUNDS TO  ELIGIBLE  PARTICIPATING
 CANDIDATES  FOR QUALIFIED CAMPAIGN EXPENDITURES IN THE CASE OF ANY OTHER
 COVERED ELECTION HELD ON A DAY DIFFERENT FROM THE DAY ORIGINALLY  SCHED-
 ULED,  INCLUDING  SPECIAL ELECTIONS. PROVIDED, HOWEVER IN ALL CASES, THE
 PCFB SHALL: (A) WITHIN FOUR DAYS, EXCLUDING WEEKENDS  AND  HOLIDAYS,  OF
 RECEIVING  A  REPORT  OF  CONTRIBUTIONS  FROM  A CANDIDATE FOR A COVERED
 OFFICE CLAIMING ELIGIBILITY  FOR  PUBLIC  MATCHING  FUNDS,  VERIFY  THAT
 CANDIDATE'S  ELIGIBILITY  FOR  PUBLIC MATCHING FUNDS; AND (B) WITHIN TWO
 DAYS OF DETERMINING THAT THE CANDIDATE FOR A COVERED OFFICE IS  ELIGIBLE
 FOR  PUBLIC MATCHING FUNDS, IT SHALL AUTHORIZE PAYMENT OF THE APPLICABLE
 MATCHING FUNDS OWED TO THE CANDIDATE.
   § 14-206. USE OF PUBLIC MATCHING FUNDS;  QUALIFIED  CAMPAIGN  EXPENDI-
 TURES.  1.  PUBLIC MATCHING FUNDS PROVIDED PURSUANT TO THIS TITLE MAY BE
 USED ONLY BY AN AUTHORIZED COMMITTEE FOR  EXPENDITURES  TO  FURTHER  THE
 PARTICIPATING CANDIDATE'S NOMINATION FOR ELECTION OR ELECTION, INCLUDING
 PAYING  FOR  DEBTS  INCURRED  WITHIN  ONE  YEAR  PRIOR TO AN ELECTION TO
 FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR  ELECTION   OR
 ELECTION.
   2. SUCH PUBLIC MATCHING FUNDS MAY NOT BE USED FOR:
   (A) AN EXPENDITURE IN VIOLATION OF ANY LAW;
   (B)  AN  EXPENDITURE  IN  EXCESS OF THE FAIR MARKET VALUE OF SERVICES,
 MATERIALS, FACILITIES, OR OTHER THINGS OF VALUE RECEIVED IN EXCHANGE;
   (C) AN EXPENDITURE MADE AFTER THE CANDIDATE HAS BEEN FINALLY DISQUALI-
 FIED FROM THE BALLOT;

 S. 7508--B                         252                        A. 9508--B
 
   (D) AN EXPENDITURE MADE AFTER  THE  ONLY  REMAINING  OPPONENT  OF  THE
 CANDIDATE  HAS  BEEN  FINALLY  DISQUALIFIED  FROM THE GENERAL OR SPECIAL
 ELECTION BALLOT;
   (E) AN EXPENDITURE MADE BY CASH PAYMENT;
   (F)  A  CONTRIBUTION  OR  LOAN  OR  TRANSFER MADE TO OR EXPENDITURE TO
 SUPPORT ANOTHER CANDIDATE OR POLITICAL COMMITTEE OR PARTY  COMMITTEE  OR
 CONSTITUTED COMMITTEE;
   (G)  AN  EXPENDITURE  TO  SUPPORT  OR OPPOSE A CANDIDATE FOR AN OFFICE
 OTHER THAN THAT WHICH THE PARTICIPATING CANDIDATE SEEKS;
   (H) GIFTS, EXCEPT BROCHURES, BUTTONS,  SIGNS,  TEE  SHIRTS  AND  OTHER
 PRINTED CAMPAIGN MATERIAL;
   (I) LEGAL FEES TO DEFEND AGAINST A CRIMINAL CHARGE;
   (J)  ANY EXPENDITURE MADE TO CHALLENGE THE VALIDITY OF ANY PETITION OF
 DESIGNATION OR NOMINATION OR ANY CERTIFICATE OF NOMINATION,  ACCEPTANCE,
 AUTHORIZATION, DECLINATION, OR SUBSTITUTION;
   (K)  PAYMENTS  MADE  TO  THE  CANDIDATE OR A SPOUSE, DOMESTIC PARTNER,
 CHILD, GRANDCHILD, PARENT, GRANDPARENT, BROTHER OR SISTER OF THE  CANDI-
 DATE  OR  SPOUSE  OR DOMESTIC PARTNER OF SUCH CHILD, GRANDCHILD, PARENT,
 GRANDPARENT, BROTHER OR SISTER, OR TO A BUSINESS  ENTITY  IN  WHICH  THE
 CANDIDATE  OR  ANY  SUCH  PERSON  HAS A TEN PERCENT OR GREATER OWNERSHIP
 INTEREST;
   (L) AN EXPENDITURE MADE PRIMARILY FOR THE PURPOSE OF  EXPRESSLY  ADVO-
 CATING  A VOTE FOR OR AGAINST A BALLOT PROPOSAL, OTHER THAN EXPENDITURES
 MADE ALSO  TO  FURTHER  THE  PARTICIPATING  CANDIDATE'S  NOMINATION  FOR
 ELECTION OR ELECTION;
   (M)  PAYMENT  OF  ANY  SETTLEMENT, PENALTY OR FINE IMPOSED PURSUANT TO
 FEDERAL, STATE OR LOCAL LAW;
   (N) PAYMENTS MADE THROUGH ADVANCES, EXCEPT IN THE CASE  OF  INDIVIDUAL
 PURCHASES LESS THAN TWO HUNDRED FIFTY DOLLARS; OR
   (O)  EXPENDITURES  TO  FACILITATE, SUPPORT, OR OTHERWISE ASSIST IN THE
 EXECUTION OR PERFORMANCE OF THE DUTIES OF PUBLIC OFFICE.
   § 14-207. COMPOSITION, POWERS,  AND  DUTIES  OF  THE  PUBLIC  CAMPAIGN
 FINANCE  BOARD. 1. THERE SHALL BE A PUBLIC CAMPAIGN FINANCE BOARD WITHIN
 THE STATE BOARD OF ELECTIONS THAT SHALL BE COMPRISED  OF  THE  FOLLOWING
 COMMISSIONERS: THE FOUR STATE BOARD OF ELECTIONS COMMISSIONERS AND THREE
 ADDITIONAL COMMISSIONERS, ONE JOINTLY APPOINTED BY THE LEGISLATIVE LEAD-
 ERS  OF  ONE MAJOR POLITICAL PARTY IN EACH HOUSE OF THE LEGISLATURE, ONE
 JOINTLY APPOINTED BY THE LEGISLATIVE LEADERS OF THE  OTHER  MAJOR  POLI-
 TICAL  PARTY  IN EACH HOUSE OF THE LEGISLATURE, AND ONE OF WHOM SHALL BE
 APPOINTED BY THE GOVERNOR. EACH COMMISSIONER MUST BE A  NEW  YORK  STATE
 RESIDENT  AND  REGISTERED VOTER, AND MAY NOT CURRENTLY BE, OR WITHIN THE
 PREVIOUS FIVE YEARS HAVE BEEN, AN OFFICER OF A POLITICAL PARTY OR  POLI-
 TICAL  COMMITTEE  AS DEFINED IN THE ELECTION LAW, OR A REGISTERED LOBBY-
 IST. THE CHAIR OF THE PCFB SHALL BE DESIGNATED BY THE  PCFB  FROM  AMONG
 THE THREE ADDITIONAL COMMISSIONERS. EACH OF THE THREE ADDITIONAL COMMIS-
 SIONERS SHALL RECEIVE A PER DIEM OF THREE HUNDRED FIFTY DOLLARS FOR WORK
 ACTUALLY PERFORMED NOT TO EXCEED TWENTY-FIVE THOUSAND DOLLARS IN ANY ONE
 CALENDAR  YEAR. THEY SHALL BE CONSIDERED PUBLIC OFFICERS FOR PURPOSES OF
 SECTIONS SEVENTY-THREE-A AND SEVENTY-FOUR OF THE  PUBLIC  OFFICERS  LAW.
 THE  THREE  COMMISSIONERS  SO  APPOINTED PURSUANT TO THIS RECOMMENDATION
 WILL BE APPOINTED FOR A TERM OF FIVE YEARS TO COMMENCE  ON  JULY  FIRST,
 TWO THOUSAND TWENTY AND MAY BE REMOVED BY HIS OR HER APPOINTING AUTHORI-
 TY  SOLELY  FOR SUBSTANTIAL NEGLECT OF DUTY, GROSS MISCONDUCT IN OFFICE,
 INABILITY TO DISCHARGE THE POWER OR  DUTIES  OF  OFFICE,  AFTER  WRITTEN
 NOTICE AND OPPORTUNITY TO BE HEARD. DURING THE PERIOD OF HIS OR HER TERM
 AS  A COMMISSIONER APPOINTED HEREUNDER, EACH SUCH COMMISSIONER IS BARRED

 S. 7508--B                         253                        A. 9508--B
 
 FROM MAKING, OR SOLICITING FROM  OTHER  PERSONS,  ANY  CONTRIBUTIONS  TO
 CANDIDATES FOR ELECTION TO THE OFFICES OF GOVERNOR, LIEUTENANT GOVERNOR,
 ATTORNEY GENERAL, COMPTROLLER, MEMBER OF THE ASSEMBLY, OR STATE SENATOR.
 ANY  VACANCY OCCURRING ON THE PCFB SHALL BE FILLED WITHIN THIRTY DAYS OF
 ITS OCCURRENCE IN THE SAME MANNER AS THE MEMBER WHOSE VACANCY  IS  BEING
 FILLED  WAS  APPOINTED.  A  PERSON APPOINTED TO FILL A VACANCY OCCURRING
 OTHER THAN BY EXPIRATION OF A TERM OF OFFICE SHALL BE APPOINTED FOR  THE
 UNEXPIRED  TERM  OF  THE  MEMBER HE OR SHE SUCCEEDS. FOUR MEMBERS OF THE
 PCFB SHALL CONSTITUTE A QUORUM, AND THE PCFB SHALL HAVE THE POWER TO ACT
 BY MAJORITY VOTE OF THE TOTAL NUMBER OF MEMBERS OF THE COMMISSION  WITH-
 OUT  VACANCY.  ALL  MEMBERS OF THE PCFB SHALL BE APPOINTED NO LATER THAN
 THE FIRST DAY OF JULY, TWO THOUSAND TWENTY AND THE PCFB SHALL PROMULGATE
 SUCH REGULATIONS AS ARE NEEDED NO LATER THAN THE FIRST DAY OF JULY,  TWO
 THOUSAND TWENTY-ONE.
   2.  THE  PCFB  AND STATE BOARD OF ELECTIONS MAY UTILIZE EXISTING STATE
 BOARD OF ELECTIONS STAFF AND HIRE SUCH OTHER STAFF AS ARE  NECESSARY  TO
 CARRY  OUT ITS DUTIES. IT MAY EXPAND ITS STAFFING, AS NEEDED, TO PROVIDE
 ADDITIONAL CANDIDATE LIAISONS TO ASSIST CANDIDATES IN COMPLYING WITH THE
 TERMS OF THIS PUBLIC CAMPAIGN FINANCE SYSTEM AS PROVIDED  FOR  IN  THESE
 RECOMMENDATIONS,  AS  WELL  AS  AUDITORS, TRAINERS, ATTORNEYS, TECHNICAL
 STAFF AND OTHER SUCH STAFF AS THE PCFB DETERMINES IS NECESSARY TO ADMIN-
 ISTER THIS SYSTEM. ANNUALLY, ON OR BEFORE THE FIRST OF EVERY  YEAR,  THE
 PCFB  SHALL  SUBMIT  TO  THE  GOVERNOR  AND THE DIVISION OF THE BUDGET A
 REQUEST FOR APPROPRIATIONS FOR THE  NEXT  STATE  FISCAL  YEAR  TO  FULLY
 SUPPORT THE ADMINISTRATION OF THE PUBLIC CAMPAIGN FINANCE PROGRAM ESTAB-
 LISHED IN THIS TITLE.
   3.  THE  PCFB SHALL DEVELOP A PROGRAM FOR INFORMING CANDIDATES AND THE
 PUBLIC AS TO THE PURPOSE AND EFFECT OF THE  PROVISIONS  OF  THIS  TITLE,
 INCLUDING  BY  MEANS  OF  A  WEBPAGE.    THE PCFB SHALL PREPARE IN PLAIN
 LANGUAGE AND MAKE AVAILABLE EDUCATIONAL MATERIALS, INCLUDING  COMPLIANCE
 MANUALS AND SUMMARIES AND EXPLANATIONS OF THE PURPOSES AND PROVISIONS OF
 THIS TITLE. THE PCFB SHALL PROVIDE COMPLIANCE COUNSELING AND GUIDANCE TO
 CANDIDATES SEEKING TO PARTICIPATE IN PUBLIC FINANCING AS PROVIDED FOR IN
 THIS  TITLE,  AS  WELL  AS  TO SUCH CANDIDATES WHO PARTICIPATE. THE PCFB
 SHALL PREPARE OR HAVE PREPARED AND MAKE AVAILABLE MATERIALS,  INCLUDING,
 TO  THE  EXTENT  FEASIBLE,  COMPUTER SOFTWARE, TO FACILITATE THE TASK OF
 COMPLIANCE WITH THE DISCLOSURE AND RECORD KEEPING REQUIREMENTS  OF  THIS
 TITLE.
   4.  THE  PCFB  SHALL  HAVE  THE AUTHORITY TO PROMULGATE SUCH RULES AND
 REGULATIONS AND PROVIDE SUCH FORMS AS IT DEEMS NECESSARY FOR THE  ADMIN-
 ISTRATION OF THIS TITLE.
   5. THE PCFB SHALL PROVIDE AN INTERACTIVE, SEARCHABLE COMPUTER DATABASE
 THAT  SHALL  CONTAIN  ALL  INFORMATION NECESSARY FOR THE PROPER ADMINIS-
 TRATION OF THIS TITLE, INCLUDING INFORMATION  ON  CONTRIBUTIONS  TO  AND
 EXPENDITURES  BY CANDIDATES AND THEIR AUTHORIZED COMMITTEES, INDEPENDENT
 EXPENDITURES IN SUPPORT OR OPPOSITION OF CANDIDATES FOR COVERED OFFICES,
 AND DISTRIBUTIONS OF MONEYS FROM THE FUND. SUCH DATABASE SHALL BE ACCES-
 SIBLE TO THE PUBLIC ON THE PCFB'S WEBPAGE.
   6. ANY ADVICE PROVIDED BY PCFB STAFF TO A PARTICIPATING OR NON PARTIC-
 IPATING CANDIDATE WITH REGARD TO AN ACTION SHALL BE PRESUMPTIVE EVIDENCE
 THAT SUCH ACTION, IF TAKEN IN RELIANCE ON SUCH  ADVICE,  SHOULD  NOT  BE
 SUBJECT  TO  A  PENALTY  OR REPAYMENT OBLIGATION WHERE SUCH CANDIDATE OR
 SUCH CANDIDATE'S COMMITTEE HAS CONFIRMED SUCH ADVICE IN WRITING TO  SUCH
 PCFB STAFF BY REGISTERED OR CERTIFIED MAIL TO THE CORRECT ADDRESS, OR BY
 ELECTRONIC  OR FACSIMILE TRANSMISSION WITH EVIDENCE OF RECEIPT, DESCRIB-
 ING THE ACTION TO BE TAKEN PURSUANT TO THE ADVICE GIVEN AND THE PCFB  OR

 S. 7508--B                         254                        A. 9508--B
 
 ITS  STAFF  HAS  NOT RESPONDED TO SUCH WRITTEN CONFIRMATION WITHIN SEVEN
 BUSINESS DAYS DISAVOWING OR ALTERING  SUCH  ADVICE,  PROVIDED  THAT  THE
 PCFB'S  RESPONSE SHALL BE BY REGISTERED OR CERTIFIED MAIL TO THE CORRECT
 ADDRESS,  OR  BY  ELECTRONIC  OR FACSIMILE TRANSMISSION WITH EVIDENCE OF
 RECEIPT.
   7. THE PCFB AND ITS PROCEEDINGS SHALL BE SUBJECT TO ARTICLES  SIX  AND
 SEVEN OF THE PUBLIC OFFICERS LAW.
   8.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW INCLUDING, BUT NOT
 LIMITED TO, SUBDIVISION ONE OF SECTION 3-104 OF THIS CHAPTER,  THE  PCFB
 SHALL  HAVE  SOLE  AUTHORITY TO INVESTIGATE ALL REFERRALS AND COMPLAINTS
 RELATING TO THE ADMINISTRATION OF THE PROGRAM ESTABLISHED HEREUNDER  AND
 VIOLATIONS OF ANY OF ITS PROVISIONS, AND IT SHALL HAVE SOLE AUTHORITY TO
 ADMINISTER  THE  PROGRAM  ESTABLISHED  IN THIS TITLE AND TO ENFORCE SUCH
 PROVISIONS OF THIS PROGRAM EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE.
   9. THE PCFB MAY TAKE SUCH OTHER ACTIONS AS ARE NECESSARY AND PROPER TO
 CARRY OUT THE PURPOSES OF THIS RECOMMENDATION.
   § 14-208. AUDITS AND REPAYMENTS. 1. AUDITS. (A) THE PCFB  SHALL  AUDIT
 AND  EXAMINE  ALL  MATTERS RELATING TO THE PROPER ADMINISTRATION OF THIS
 TITLE AND SHALL COMPLETE ALL SUCH AUDITS NO LATER THAN ONE AND  ONE-HALF
 YEARS  AFTER  THE ELECTION IN QUESTION. THIS DEADLINE SHALL NOT APPLY IN
 CASES INVOLVING POTENTIAL CAMPAIGN-RELATED FRAUD,  KNOWING  AND  WILLFUL
 VIOLATIONS OF THIS ARTICLE, OR CRIMINAL ACTIVITY.
   (B)  EVERY  PARTICIPATING  CANDIDATE FOR STATEWIDE OFFICE WHO RECEIVES
 PUBLIC FUNDS AS PROVIDED IN THIS TITLE,  AND  EVERY  CANDIDATE  FOR  ANY
 OTHER  OFFICE  WHO  RECEIVES FIVE HUNDRED THOUSAND DOLLARS OR GREATER IN
 PUBLIC FUNDS AS PROVIDED IN THIS TITLE, SHALL BE  AUDITED  BY  THE  PCFB
 ALONG  WITH ALL OTHER CANDIDATES IN EACH SUCH RACE. SUCH AUDITS SHALL BE
 COMPLETED WITHIN ONE AND ONE-HALF YEARS OF THE ELECTION IN QUESTION.
   (C) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, THE  PCFB
 SHALL  SELECT NOT MORE THAN ONE-THIRD OF ALL PARTICIPATING CANDIDATES IN
 COVERED ELECTIONS FOR AUDIT THROUGH A LOTTERY WHICH SHALL  BE  COMPLETED
 WITHIN ONE YEAR OF THE ELECTION IN QUESTION. A SEPARATE LOTTERY SHALL BE
 CONDUCTED  FOR  EACH  OFFICE.  THE PCFB SHALL SELECT SENATE AND ASSEMBLY
 DISTRICTS TO BE AUDITED,  AUDITING  EVERY  CANDIDATE  IN  EACH  SELECTED
 DISTRICT,  WHILE  ENSURING  THAT THE NUMBER OF AUDITED CANDIDATES WITHIN
 THOSE DISTRICTS DOES NOT  EXCEED  FIFTY  PERCENT  OF  ALL  PARTICIPATING
 CANDIDATES  FOR THE RELEVANT OFFICE. THE LOTTERY FOR SENATE AND ASSEMBLY
 ELECTIONS SHALL BE WEIGHTED TO INCREASE THE LIKELIHOOD THAT  A  DISTRICT
 FOR  THE  RELEVANT  OFFICE IS AUDITED BASED ON HOW FREQUENTLY IT HAS NOT
 BEEN SELECTED FOR AUDITING DURING THE PAST THREE  ELECTION  CYCLES.  THE
 PCFB  SHALL  PROMULGATE  RULES  CONCERNING  THE  METHOD OF WEIGHTING THE
 SENATE AND ASSEMBLY LOTTERIES, INCLUDING PROVISIONS FOR THE FIRST  THREE
 ELECTION CYCLES FOR EACH OFFICE.
   (D) THE COST OF COMPLYING WITH A POST-ELECTION AUDIT SHALL BE BORNE BY
 THE  CANDIDATE'S AUTHORIZED COMMITTEE USING PUBLIC FUNDS, PRIVATE FUNDS,
 OR ANY COMBINATION OF SUCH FUNDS. CANDIDATES WHO RUN IN ANY  PRIMARY  OR
 GENERAL  ELECTION MUST MAINTAIN A RESERVE OF THREE PERCENT OF THE PUBLIC
 FUNDS RECEIVED TO COMPLY WITH THE POST-ELECTION AUDIT.
   (E) THE PCFB SHALL ISSUE TO EACH CAMPAIGN AUDITED A FINAL AUDIT REPORT
 THAT DETAILS ITS FINDINGS.
   2. REPAYMENTS. (A) IF THE PCFB DETERMINES  THAT  ANY  PORTION  OF  THE
 PAYMENT  MADE TO A CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND WAS IN
 EXCESS OF THE AGGREGATE AMOUNT  OF  PAYMENTS  THAT  SUCH  CANDIDATE  WAS
 ELIGIBLE TO RECEIVE PURSUANT TO THIS TITLE, IT SHALL NOTIFY SUCH COMMIT-
 TEE  AND  SUCH  COMMITTEE  SHALL  PAY TO THE PCFB AN AMOUNT EQUAL TO THE
 AMOUNT OF EXCESS  PAYMENTS.  SUCH  COMMITTEE  SHALL  FIRST  UTILIZE  THE

 S. 7508--B                         255                        A. 9508--B
 
 SURPLUS  FOR  REPAYMENT OF SUCH SUMS AND THEN SUCH OTHER FUNDS AS IT MAY
 HAVE. PROVIDED, HOWEVER, THAT IF THE ERRONEOUS PAYMENT WAS THE RESULT OF
 AN ERROR BY THE PCFB, THEN THE ERRONEOUS PAYMENT WILL BE  DEDUCTED  FROM
 ANY  FUTURE PAYMENT, IF ANY, AND IF NO FUTURE PAYMENT IS TO BE MADE THEN
 NEITHER THE CANDIDATE NOR THE COMMITTEE SHALL BE  LIABLE  TO  REPAY  THE
 EXCESS  AMOUNT TO THE PCFB. THE CANDIDATE AND THE CANDIDATE'S AUTHORIZED
 COMMITTEE ARE JOINTLY AND SEVERALLY LIABLE FOR  ANY  REPAYMENTS  TO  THE
 PCFB.
   (B)  IF  THE PCFB DETERMINES THAT ANY PORTION OF THE PAYMENT MADE TO A
 CANDIDATE'S AUTHORIZED COMMITTEE FROM THE FUND  WAS  USED  FOR  PURPOSES
 OTHER  THAN  QUALIFIED  CAMPAIGN EXPENDITURES AND SUCH EXPENDITURES WERE
 NOT APPROVED BY THE PCFB, IT SHALL NOTIFY SUCH COMMITTEE OF  THE  AMOUNT
 SO DISQUALIFIED AND SUCH COMMITTEE SHALL PAY TO THE PCFB AN AMOUNT EQUAL
 TO  SUCH  DISQUALIFIED  AMOUNT.  THE  CANDIDATE,  THE TREASURER, AND THE
 CANDIDATE'S AUTHORIZED COMMITTEE ARE JOINTLY AND  SEVERALLY  LIABLE  FOR
 ANY REPAYMENTS TO THE PCFB.
   (C)  IF  THE  TOTAL  SUM OF CONTRIBUTIONS RECEIVED AND PUBLIC MATCHING
 PAYMENTS FROM THE FUND RECEIVED BY A PARTICIPATING CANDIDATE AND HIS  OR
 HER  AUTHORIZED COMMITTEE EXCEED THE TOTAL CAMPAIGN EXPENDITURES OF SUCH
 CANDIDATE AND AUTHORIZED COMMITTEE FOR ALL COVERED ELECTIONS HELD IN THE
 SAME CALENDAR YEAR OR FOR A SPECIAL ELECTION TO  FILL  A  VACANCY,  SUCH
 CANDIDATE  AND  COMMITTEE  SHALL USE SUCH SURPLUS FUNDS TO REIMBURSE THE
 FUND FOR PAYMENTS RECEIVED BY SUCH AUTHORIZED COMMITTEE  FROM  THE  FUND
 DURING  SUCH  CALENDAR  YEAR OR FOR SUCH SPECIAL ELECTION. PARTICIPATING
 CANDIDATES SHALL MAKE SUCH PAYMENTS NOT  LATER  THAN  TWENTY-SEVEN  DAYS
 AFTER  ALL LIABILITIES FOR THE ELECTION HAVE BEEN PAID AND IN ANY EVENT,
 NOT LATER THAN THE DAY ON WHICH THE PCFB ISSUES ITS FINAL  AUDIT  REPORT
 FOR THE PARTICIPATING CANDIDATE'S AUTHORIZED COMMITTEE; PROVIDED, HOWEV-
 ER, THAT ALL UNSPENT PUBLIC CAMPAIGN FUNDS FOR A PARTICIPATING CANDIDATE
 SHALL BE IMMEDIATELY DUE AND PAYABLE TO THE PCFB UPON A DETERMINATION BY
 THE  PCFB  THAT  THE  PARTICIPANT HAS DELAYED THE POST-ELECTION AUDIT. A
 PARTICIPATING CANDIDATE MAY MAKE POST-ELECTION EXPENDITURES WITH  PUBLIC
 FUNDS ONLY FOR ROUTINE ACTIVITIES INVOLVING NOMINAL COST ASSOCIATED WITH
 WINDING UP A CAMPAIGN AND RESPONDING TO THE POST-ELECTION AUDIT. NOTHING
 IN  THIS  TITLE  SHALL BE CONSTRUED TO PREVENT A CANDIDATE OR HIS OR HER
 AUTHORIZED COMMITTEE FROM USING  CAMPAIGN  CONTRIBUTIONS  RECEIVED  FROM
 PRIVATE CONTRIBUTORS FOR OTHERWISE LAWFUL EXPENDITURES.
   3.  RULES  AND  REGULATIONS. (A) THE PCFB SHALL PROMULGATE REGULATIONS
 FOR THE CERTIFICATION OF THE AMOUNT OF FUNDS PAYABLE BY THE  COMPTROLLER
 FROM  THE FUND ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF THE STATE
 FINANCE LAW, TO A PARTICIPATING CANDIDATE THAT HAS QUALIFIED TO  RECEIVE
 SUCH  PAYMENT.  THESE  REGULATIONS  SHALL  INCLUDE  THE PROMULGATION AND
 DISTRIBUTION OF FORMS ON WHICH CONTRIBUTIONS AND EXPENDITURES ARE TO  BE
 REPORTED,  THE  PERIODS DURING WHICH SUCH REPORTS MUST BE FILED, AND THE
 VERIFICATION REQUIRED. THE PCFB SHALL INSTITUTE  PROCEDURES  WHICH  WILL
 MAKE  POSSIBLE  PAYMENT  BY  THE  FUND  WITHIN  FOUR BUSINESS DAYS AFTER
 RECEIPT OF THE REQUIRED FORMS AND VERIFICATIONS.
   (B) ALL RULES AND REGULATIONS PROMULGATED PURSUANT TO THIS RECOMMENDA-
 TION SHALL BE PROMULGATED PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE
 ACT. THE PCFB'S DETERMINATIONS PURSUANT TO SUCH  REGULATIONS  AND  THESE
 RECOMMENDATIONS SHALL BE DEEMED FINAL.
   § 14-209. ENFORCEMENT   AND   PENALTIES   FOR   VIOLATIONS  AND  OTHER
 PROCEEDINGS. 1. CIVIL PENALTIES. VIOLATIONS OF ANY PROVISIONS  REGARDING
 PUBLIC CAMPAIGN FINANCING STATED IN THIS TITLE OR REGULATION PROMULGATED
 PURSUANT  TO THIS TITLE SHALL BE SUBJECT TO A CIVIL PENALTY IN AN AMOUNT
 NOT IN EXCESS OF FIFTEEN THOUSAND DOLLARS AND SUCH OTHER LESSER FINES AS

 S. 7508--B                         256                        A. 9508--B
 
 THE PCFB MAY PROMULGATE IN REGULATION. CANDIDATES  MAY  CONTEST  ALLEGED
 FAILURES TO FILE, LATE REPORTS AND REPORTS WITH NOTICED DEFICIENCIES AND
 HAVE AN OPPORTUNITY TO BE HEARD BY THE PCFB. THE PCFB SHALL PROMULGATE A
 REGULATION  SETTING  FORTH  A  SCHEDULE  OF  FINES  FOR SUCH INFRACTIONS
 INCLUDING THOSE THAT IT MAY ASSESS DIRECTLY  ON  VIOLATORS.    THE  PCFB
 SHALL  INVESTIGATE REFERRALS AND COMPLAINTS. AFTER INVESTIGATION, IT MAY
 RECOMMEND DISMISSAL,  SETTLEMENT,  CIVIL  ACTION,  OR  REFERRAL  TO  LAW
 ENFORCEMENT.  THE  PCFB  MAY  ASSESS  PENALTIES  AND IT IS AUTHORIZED TO
 COMMENCE A CIVIL ACTION IN COURT TO ENFORCE ALL  PENALTIES  AND  RECOVER
 MONEY DUE.
   2. NOTICE OF VIOLATION AND OPPORTUNITY TO BE HEARD. THE PCFB SHALL:
   (A)  DETERMINE  WHETHER  A VIOLATION OF ANY PROVISION OF THIS TITLE OR
 REGULATION PROMULGATED HEREUNDER HAS BEEN COMMITTED;
   (B) SERVE WRITTEN NOTICE UPON EACH PERSON OR ENTITY IT HAS  REASON  TO
 BELIEVE HAS COMMITTED A VIOLATION AND SUCH WRITTEN NOTICE SHALL DESCRIBE
 WITH PARTICULARITY THE NATURE OF THE ALLEGED VIOLATION INCLUDING A WRIT-
 TEN  REFERENCE  TO  A  SPECIFIC  LAW  OR REGULATION ALLEGED TO HAVE BEEN
 VIOLATED;
   (C) PROVIDE SUCH PERSON OR ENTITY AN OPPORTUNITY TO BE HEARD  PURSUANT
 TO  THE  STATE  ADMINISTRATIVE  PROCEDURE ACT AND ANY REGULATIONS OF THE
 PCFB; AND
   (D) IF APPROPRIATE, ASSESS PENALTIES FOR  VIOLATIONS,  FOLLOWING  SUCH
 NOTICE AND OPPORTUNITY TO BE HEARD.
   3.  CRIMINAL CONDUCT. ANY PERSON WHO KNOWINGLY AND WILLFULLY FURNISHES
 OR SUBMITS FALSE STATEMENTS OR INFORMATION TO  THE  PCFB  IN  CONNECTION
 WITH  ITS  ADMINISTRATION OF THIS TITLE SHALL BE GUILTY OF A MISDEMEANOR
 IN ADDITION TO ANY OTHER PENALTY AS MAY BE IMPOSED UNDER THIS CHAPTER OR
 PURSUANT TO ANY OTHER LAW. THE ATTORNEY GENERAL, UPON REFERRAL FROM  THE
 PCFB,  SHALL  HAVE  EXCLUSIVE  AUTHORITY  TO PROSECUTE ANY SUCH CRIMINAL
 VIOLATION. THE PCFB SHALL SEEK TO  RECOVER  ANY  PUBLIC  MATCHING  FUNDS
 OBTAINED AS A RESULT OF SUCH CRIMINAL CONDUCT.
   4. COURT PROCEEDINGS. PROCEEDINGS AS TO PUBLIC FINANCING BROUGHT UNDER
 THIS TITLE SHALL HAVE PREFERENCE OVER ALL OTHER CAUSES IN ALL COURTS.
   (A)  THE  DETERMINATION  OF ELIGIBILITY PURSUANT TO THIS TITLE AND ANY
 QUESTION OR ISSUE RELATING TO PAYMENTS FOR CAMPAIGN EXPENDITURES  PURSU-
 ANT  TO  THIS  TITLE  MAY BE CONTESTED IN A PROCEEDING INSTITUTED IN THE
 SUPREME COURT, ALBANY COUNTY BY ANY AGGRIEVED CANDIDATE.
   (B) A PROCEEDING WITH RESPECT TO SUCH A DETERMINATION  OF  ELIGIBILITY
 OR  PAYMENT FOR QUALIFIED CAMPAIGN EXPENDITURES PURSUANT TO THIS CHAPTER
 SHALL BE INSTITUTED WITHIN FOURTEEN DAYS AFTER  SUCH  DETERMINATION  WAS
 MADE. THE PCFB SHALL BE MADE A PARTY TO ANY SUCH PROCEEDING.
   (C)  UPON  THE PCFB'S FAILURE TO RECEIVE THE AMOUNT DUE FROM A PARTIC-
 IPATING CANDIDATE OR SUCH CANDIDATE'S  AUTHORIZED  COMMITTEE  AFTER  THE
 ISSUANCE  OF  WRITTEN  NOTICE  OF  SUCH  AMOUNT DUE, AS REQUIRED BY THIS
 TITLE, THE PCFB IS AUTHORIZED TO INSTITUTE A SPECIAL PROCEEDING OR CIVIL
 ACTION IN SUPREME COURT, ALBANY COUNTY TO  OBTAIN  A  JUDGMENT  FOR  ANY
 AMOUNTS  DETERMINED TO BE PAYABLE TO THE PCFB AS A RESULT OF AN EXAMINA-
 TION AND AUDIT MADE PURSUANT TO THIS TITLE OR  TO  OBTAIN  SUCH  AMOUNTS
 DIRECTLY  FROM  THE CANDIDATE OR AUTHORIZED COMMITTEE AFTER A HEARING AT
 THE PCFB.
   (D) THE PCFB SHALL SETTLE OR, IN  ITS  SOLE  DISCRETION,  INSTITUTE  A
 SPECIAL  PROCEEDING  OR  CIVIL ACTION IN SUPREME COURT, ALBANY COUNTY TO
 OBTAIN A JUDGMENT FOR CIVIL PENALTIES DETERMINED TO BE  PAYABLE  TO  THE
 PCFB  PURSUANT  TO THIS TITLE OR TO IMPOSE SUCH PENALTY DIRECTLY AFTER A
 HEARING AT THE PCFB.

 S. 7508--B                         257                        A. 9508--B

   § 14-210. REPORTS. THE PCFB SHALL REVIEW AND EVALUATE  THE  EFFECT  OF
 THIS  TITLE  UPON  THE  CONDUCT OF ELECTION CAMPAIGNS AND SHALL SUBMIT A
 REPORT TO THE LEGISLATURE ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWEN-
 TY-FIVE AND EVERY SECOND YEAR THEREAFTER, AND AT ANY OTHER TIME UPON THE
 REQUEST OF THE GOVERNOR AND AT SUCH OTHER TIMES AS THE PCFB DEEMS APPRO-
 PRIATE. THESE REPORTS SHALL INCLUDE:
   1.  A  LIST  OF  THE  PARTICIPATING AND NONPARTICIPATING CANDIDATES IN
 COVERED ELECTIONS AND THE VOTES RECEIVED  BY  EACH  CANDIDATE  IN  THOSE
 ELECTIONS;
   2.  THE  AMOUNT  OF CONTRIBUTIONS AND LOANS RECEIVED, AND EXPENDITURES
 MADE ON BEHALF OF THESE CANDIDATES;
   3. THE AMOUNT OF PUBLIC MATCHING FUNDS  EACH  PARTICIPATING  CANDIDATE
 RECEIVED, SPENT, AND REPAID PURSUANT TO THIS PROGRAM;
   4.  ANALYSIS  OF  THE  EFFECT  OF  THIS  TITLE ON POLITICAL CAMPAIGNS,
 INCLUDING ITS EFFECT ON THE SOURCES AND AMOUNTS  OF  PRIVATE  FINANCING,
 THE  LEVEL  OF CAMPAIGN EXPENDITURES, VOTER PARTICIPATION, THE NUMBER OF
 CANDIDATES, THE CANDIDATES' ABILITY TO CAMPAIGN EFFECTIVELY  FOR  PUBLIC
 OFFICE,  AND  THE DIVERSITY OF CANDIDATES SEEKING AND ELECTED TO OFFICE;
 AND
   5. RECOMMENDATIONS FOR FURTHER LEGISLATIVE AND REGULATORY  ENACTMENTS,
 INCLUDING  CHANGES  IN  CONTRIBUTION LIMITS, THRESHOLDS FOR ELIGIBILITY,
 AND ANY OTHER FEATURES OF THE SYSTEM.
   § 14-211. DEBATES FOR CANDIDATES FOR STATEWIDE OFFICE. THE PCFB  SHALL
 PROMULGATE  REGULATIONS TO FACILITATE DEBATES AMONG PARTICIPATING CANDI-
 DATES WHO SEEK ELECTION TO STATEWIDE  OFFICE.  PARTICIPATING  CANDIDATES
 ARE REQUIRED TO PARTICIPATE IN ONE DEBATE BEFORE EACH ELECTION FOR WHICH
 THE  CANDIDATE RECEIVES PUBLIC FUNDS, UNLESS THE PARTICIPATING CANDIDATE
 IS RUNNING UNOPPOSED. NONPARTICIPATING  CANDIDATES  MAY  PARTICIPATE  IN
 SUCH DEBATES.
   § 14-212. SEVERABILITY.  IF  ANY CLAUSE, SENTENCE, OR OTHER PORTION OF
 PARAGRAPH (C) OF SUBDIVISION TWO OF SECTION  14-203  OF  THIS  TITLE  BE
 ADJUDGED  BY  ANY  COURT  OF  COMPETENT JURISDICTION TO BE INVALID, THEN
 SUBPARAGRAPHS (III) AND (IV) OF PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF
 SECTION 14-203 OF THIS TITLE SHALL READ AS FOLLOWS:
   (III)  STATE SENATOR, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF
 THIS SUBDIVISION, NOT  LESS  THAN  TEN  THOUSAND  DOLLARS  IN  MATCHABLE
 CONTRIBUTIONS  INCLUDING  AT  LEAST  ONE  HUNDRED  AND  FIFTY  MATCHABLE
 CONTRIBUTIONS IN AN AMOUNT GREATER THAN FIVE DOLLARS AND NO GREATER THAN
 THE LIMITS IN THIS CHAPTER, OF WHICH THE FIRST TWO HUNDRED FIFTY DOLLARS
 SHALL BE COUNTED TOWARD THIS QUALIFYING THRESHOLD; AND
   (IV) MEMBER OF THE ASSEMBLY, EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH
 (C) OF THIS SUBDIVISION, NOT LESS THAN FIVE THOUSAND DOLLARS IN  MATCHA-
 BLE  CONTRIBUTIONS  INCLUDING  AT  LEAST SEVENTY-FIVE MATCHABLE CONTRIB-
 UTIONS IN AN AMOUNT GREATER THAN FIVE DOLLARS AND NO  GREATER  THAN  THE
 LIMITS  IN  THIS  CHAPTER,  OF WHICH THE FIRST TWO HUNDRED FIFTY DOLLARS
 SHALL BE COUNTED TOWARD THIS QUALIFYING THRESHOLD.
   § 5. The state finance law is amended by adding a new section 92-t  to
 read as follows:
   §  92-T.  NEW  YORK  STATE  CAMPAIGN  FINANCE FUND. 1. THERE IS HEREBY
 ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
 COMMISSIONER  OF TAXATION AND FINANCE A FUND TO BE KNOWN AS THE NEW YORK
 STATE CAMPAIGN FINANCE FUND.
   2. SUCH FUND SHALL CONSIST OF ALL REVENUES RECEIVED FROM THE NEW  YORK
 STATE  CAMPAIGN  FINANCE  FUND CHECK-OFF PURSUANT TO SECTION SIX HUNDRED
 THIRTY-H OF THE TAX LAW, FROM THE ABANDONED PROPERTY  FUND  PURSUANT  TO
 SECTION NINETY-FIVE OF THIS ARTICLE, FROM THE GENERAL FUND, AND FROM ALL

 S. 7508--B                         258                        A. 9508--B
 
 OTHER  MONEYS  CREDITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR
 SOURCE PURSUANT TO LAW. SUCH FUND SHALL ALSO RECEIVE CONTRIBUTIONS  FROM
 PRIVATE  INDIVIDUALS,  ORGANIZATIONS,  OR  OTHER  PERSONS TO FULFILL THE
 PURPOSES OF THE PUBLIC FINANCING SYSTEM.
   3. MONEYS OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE, MAY
 BE  EXPENDED  FOR THE PURPOSES OF MAKING PAYMENTS TO CANDIDATES PURSUANT
 TO TITLE TWO OF ARTICLE FOURTEEN OF THE ELECTION LAW AND FOR ADMINISTRA-
 TIVE EXPENSES RELATED TO THE IMPLEMENTATION OF ARTICLE FOURTEEN  OF  THE
 ELECTION  LAW.   MONEYS SHALL BE PAID OUT OF THE FUND BY THE STATE COMP-
 TROLLER ON  VOUCHERS  CERTIFIED  OR  APPROVED  BY  THE  STATE  BOARD  OF
 ELECTIONS,   OR  ITS  DULY  DESIGNATED  REPRESENTATIVE,  IN  THE  MANNER
 PRESCRIBED BY LAW, NOT MORE THAN FIVE WORKING DAYS AFTER SUCH VOUCHER IS
 RECEIVED BY THE STATE COMPTROLLER.
   4. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,  IF,  IN  ANY
 STATE  FISCAL  YEAR, THE STATE CAMPAIGN FINANCE FUND LACKS THE AMOUNT OF
 MONEY TO PAY ALL CLAIMS VOUCHERED BY ELIGIBLE CANDIDATES  AND  CERTIFIED
 OR  APPROVED  BY THE STATE BOARD OF ELECTIONS, ANY SUCH DEFICIENCY SHALL
 BE PAID BY THE STATE COMPTROLLER, FROM FUNDS DEPOSITED  IN  THE  GENERAL
 FUND  OF THE STATE NOT MORE THAN FOUR WORKING DAYS AFTER SUCH VOUCHER IS
 RECEIVED BY THE STATE COMPTROLLER.
   5. COMMENCING IN TWO THOUSAND TWENTY-FIVE, IF THE SURPLUS IN THE  FUND
 ON  APRIL  FIRST OF THE YEAR AFTER A YEAR IN WHICH A GOVERNOR IS ELECTED
 EXCEEDS TWENTY-FIVE PERCENT OF THE DISBURSEMENTS FROM THE FUND OVER  THE
 PREVIOUS  FOUR YEARS, THE EXCESS SHALL REVERT TO THE GENERAL FUND OF THE
 STATE.
   6. NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN  A
 PRIMARY   ELECTION  ANY  EARLIER  THAN  THIRTY  DAYS  AFTER  DESIGNATING
 PETITIONS OR CERTIFICATES OF NOMINATION HAVE BEEN FILED  AND  NOT  LATER
 THAN THIRTY DAYS AFTER SUCH PRIMARY ELECTION.
   7.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
 GENERAL ELECTION ANY EARLIER THAN THE DAY AFTER THE DAY OF  THE  PRIMARY
 ELECTION HELD TO NOMINATE CANDIDATES FOR SUCH ELECTION.
   8.  NO PUBLIC FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATES IN A
 SPECIAL ELECTION ANY EARLIER THAN THE DAY AFTER THE  LAST  DAY  TO  FILE
 CERTIFICATES OF PARTY NOMINATION FOR SUCH SPECIAL ELECTION.
   9.  NO  PUBLIC  FUNDS SHALL BE PAID TO ANY PARTICIPATING CANDIDATE WHO
 HAS BEEN DISQUALIFIED OR WHOSE DESIGNATING PETITIONS HAVE BEEN  DECLARED
 INVALID  BY  THE  APPROPRIATE BOARD OF ELECTIONS OR A COURT OF COMPETENT
 JURISDICTION UNTIL AND UNLESS SUCH FINDING IS REVERSED BY A HIGHER COURT
 IN A FINAL JUDGMENT. NO PAYMENT FROM THE FUND IN THE POSSESSION OF  SUCH
 A  CANDIDATE  OR SUCH CANDIDATE'S PARTICIPATING COMMITTEE ON THE DATE OF
 SUCH DISQUALIFICATION OR INVALIDATION MAY THEREAFTER BE EXPENDED FOR ANY
 PURPOSE EXCEPT THE PAYMENT OF LIABILITIES INCURRED BEFORE SUCH DATE. ALL
 SUCH MONEYS SHALL BE REPAID TO THE FUND.
   § 6. Section 95 of the state finance law is amended by  adding  a  new
 subdivision 5 to read as follows:
   5.  (A)  AS  OFTEN  AS  NECESSARY, THE CO-CHAIRS OF THE STATE BOARD OF
 ELECTIONS SHALL CERTIFY THE AMOUNT SUCH CO-CHAIRS HAVE DETERMINED NECES-
 SARY TO FUND ESTIMATED PAYMENTS FROM THE  FUND  ESTABLISHED  BY  SECTION
 NINETY-TWO-T  OF  THIS  ARTICLE  FOR  THE  PRIMARY,  GENERAL  OR SPECIAL
 ELECTION.
   (B) NOTWITHSTANDING ANY PROVISION  OF  THIS  SECTION  AUTHORIZING  THE
 TRANSFER  OF  ANY  MONEYS  IN THE ABANDONED PROPERTY FUND TO THE GENERAL
 FUND, THE COMPTROLLER, AFTER RECEIVING AMOUNTS SUFFICIENT TO PAY  CLAIMS
 AGAINST  THE  ABANDONED PROPERTY FUND, SHALL, BASED UPON A CERTIFICATION
 OF THE STATE BOARD OF ELECTIONS PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-

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 VISION, AND AT THE DIRECTION OF THE DIRECTOR OF THE BUDGET, TRANSFER THE
 REQUESTED AMOUNT FROM REMAINING AVAILABLE MONIES IN THE ABANDONED  PROP-
 ERTY  FUND  TO  THE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-
 TWO-T OF THIS ARTICLE.
   §  7.  The tax law is amended by adding a new section 630-h to read as
 follows:
   § 630-H. NEW YORK STATE CAMPAIGN FINANCE FUND CHECK-OFF. (A) FOR  EACH
 TAXABLE  YEAR BEGINNING ON AND AFTER JANUARY FIRST, TWO THOUSAND TWENTY,
 EVERY RESIDENT TAXPAYER WHOSE NEW YORK STATE INCOME  TAX  LIABILITY  FOR
 THE  TAXABLE YEAR FOR WHICH THE RETURN IS FILED IS FORTY DOLLARS OR MORE
 MAY DESIGNATE ON SUCH RETURN THAT FORTY DOLLARS BE  PAID  INTO  THE  NEW
 YORK  STATE CAMPAIGN FINANCE FUND ESTABLISHED BY SECTION NINETY-TWO-T OF
 THE STATE FINANCE LAW.  WHERE A HUSBAND AND WIFE FILE A JOINT RETURN AND
 HAVE A NEW YORK STATE INCOME TAX LIABILITY  FOR  THE  TAXABLE  YEAR  FOR
 WHICH  THE  RETURN  IS FILED IS EIGHTY DOLLARS OR MORE, OR FILE SEPARATE
 RETURNS ON A SINGLE FORM, EACH SUCH TAXPAYER MAY  MAKE  SEPARATE  DESIG-
 NATIONS  ON  SUCH  RETURN  OF FORTY DOLLARS TO BE PAID INTO THE NEW YORK
 STATE CAMPAIGN FINANCE FUND.   THE CONTRIBUTION  SHALL  NOT  REDUCE  THE
 AMOUNT OF STATE TAX OWED BY SUCH TAXPAYER.
   (B)  NOTWITHSTANDING  ANY OTHER PROVISION OF LAW, ALL REVENUE CONTRIB-
 UTED PURSUANT TO THIS SECTION SHALL BE CREDITED TO THE  NEW  YORK  STATE
 CAMPAIGN  FINANCE  FUND, ESTABLISHED PURSUANT TO SECTION NINETY-TWO-T OF
 THE STATE FINANCE LAW.
   (C) THE COMMISSIONER SHALL INCLUDE SPACE ON THE  PERSONAL  INCOME  TAX
 RETURN  TO  ENABLE  A  TAXPAYER TO MAKE SUCH CONTRIBUTION FOR A TAX YEAR
 BEGINNING ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY.
   § 8. Paragraph (a) of subdivision 9-A of section 3-102 of the election
 law, as amended by chapter 406 of the laws of 2005, is amended  to  read
 as follows:
   (a)  develop  an electronic reporting system to process the statements
 of campaign receipts, contributions, transfers and expenditures required
 to be filed with any board of elections pursuant to  the  provisions  of
 sections 14-102 [and], 14-104 AND 14-201 of this chapter;
   § 9. Subdivision 1 of section 6-142 of the election law, as amended by
 chapter 79 of the laws of 1992, is amended to read as follows:
   1.  An  independent nominating petition for candidates to be voted for
 by all the voters of the state must be  signed  by  at  least  [fifteen]
 FORTY-FIVE thousand voters, OR ONE PERCENT OF THE TOTAL NUMBER OF VOTES,
 EXCLUDING BLANK AND VOID BALLOTS, CAST FOR THE OFFICE OF GOVERNOR AT THE
 LAST  GUBERNATORIAL  ELECTION, WHICHEVER IS LESS, of whom at least [one]
 FIVE hundred, OR ONE PERCENT OF  ENROLLED  VOTERS,  WHICHEVER  IS  LESS,
 shall  reside  in each of one-half of the congressional districts of the
 State.
   § 10. Subdivision 3 of section 1-104 of the election law is amended to
 read as follows:
   3. The term "party" means any political  organization  which  [at  the
 last  preceding  election  for  governor  polled at least fifty thousand
 votes for its candidate for governor], EXCLUDING BLANK AND VOID BALLOTS,
 AT THE LAST PRECEDING ELECTION  FOR  GOVERNOR  RECEIVED,  AT  LEAST  TWO
 PERCENT  OF  THE TOTAL VOTES CAST FOR ITS CANDIDATE FOR GOVERNOR, OR ONE
 HUNDRED THIRTY THOUSAND VOTES, WHICHEVER IS  GREATER,  IN  THE  YEAR  IN
 WHICH  A GOVERNOR IS ELECTED AND AT LEAST TWO PERCENT OF THE TOTAL VOTES
 CAST FOR ITS CANDIDATE FOR PRESIDENT, OR  ONE  HUNDRED  THIRTY  THOUSAND
 VOTES, WHICHEVER IS GREATER, IN A YEAR WHEN A PRESIDENT IS ELECTED.
   §  11.  Severability.  The component clauses, sentences, subdivisions,
 paragraphs, sections, and parts of this  law  shall  be  interpreted  as

 S. 7508--B                         260                        A. 9508--B
 
 being  non-severable  from  the  other components herein. If any clause,
 sentence, subdivision,  paragraph,  section  or  part  of  this  act  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment  shall  invalidate  the  remainder  thereof,  and  shall not be
 confined in its operation to the clause,  sentence,  subdivision,  para-
 graph,  section  or part thereof directly involved in the controversy in
 which such judgment shall have been rendered.
   § 12. This act shall take effect immediately; provided,  however  that
 sections  one,  two,  three  and  four  of this act shall take effect on
 November 9, 2022 and shall apply to  participants  in  the  primary  and
 general  elections  to  be  held in 2024; and provided further, that the
 terms and appointments of the members of  the  public  campaign  finance
 board as established by section four of this act, and the final date for
 regulations to be promulgated by such board, shall take place in accord-
 ance with dates as prescribed in section four of this act.
   § 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 judgement 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
 judgement 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 has not been included herein.
   § 3. This act shall take effect immediately  provided,  however,  that
 the  applicable  effective date of Parts A through ZZZ of this act shall
 be as specifically set forth in the last section of such Parts.