[ ] is old law to be omitted.
LBD16563-02-0
S. 8428 2
PART A
Section 1. The title of a chapter of the laws of 2020 amending the
local finance law relating to bond anticipation notes issued in calendar
years 2015 through 2021, as proposed in legislative bills number S. 8417
and A. 10492, is amended to read as follows:
to amend the local finance law, in relation to bond anticipation notes
issued in calendar years 2015 through 2021; to authorize the expenditure
and temporary transfer of reserve funds for expenses related to [COVID-
19] THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER
202 OF 2020; and to authorize the extension of repayment of inter-fund
advances made for expenses related to [COVID-19] THE STATE DISASTER
EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020
§ 2. Section 2 of a chapter of the laws of 2020 amending the local
finance law relating to bond anticipation notes issued in calendar years
2015 through 2021, as proposed in legislative bills numbers S. 8417 and
A. 10492, is amended to read as follows:
§ 2. Notwithstanding any provision of sections 6-c or 6-g of the
general municipal law or section 3651 of the education law to the
contrary, the governing board of a town, village, county, city, water
improvement district, sewer improvement district, fire district or
school district, by resolution which shall not be subject to referendum
requirements, may authorize expenditures from capital reserve funds for
capital costs attributable to the [COVID-19 pandemic] STATE DISASTER
EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020.
§ 3. Section 3 of a chapter of the laws of 2020 amending the local
finance law relating to bond anticipation notes issued in calendar years
2015 through 2021, as proposed in legislative bills numbers S. 8417 and
A. 10492, is amended to read as follows:
§ 3. Notwithstanding any provision of the general municipal law, the
town law or the education law to the contrary, the governing board of a
town, village, county, city, water improvement district, sewer improve-
ment district, fire district or school district, by resolution which
shall not be subject to referendum requirements, if any, may authorize
the temporary transfer of moneys from reserve funds to pay for operating
costs ATTRIBUTABLE TO THE STATE DISASTER EMERGENCY DECLARED PURSUANT TO
EXECUTIVE ORDER 202 OF 2020 or other costs attributable to the [COVID-19
pandemic] STATE DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER
202 OF 2020, provided, that the reserve fund from which the funds were
temporarily transferred shall be reimbursed from the fund to which the
transfer was made over a period of not more than five fiscal years,
starting with the fiscal year following the transfer. At least twenty
percent of the moneys temporarily transferred shall be reimbursed each
fiscal year. Such reimbursement shall include an additional amount
reasonably estimated to be the amount that would have been earned on the
investment of the transferred moneys had they been retained in the capi-
tal reserve fund.
§ 4. Section 4 of a chapter of the laws of 2020 amending the local
finance law relating to bond anticipation notes issued in calendar years
2015 through 2021, as proposed in legislative bills numbers S. 8417 and
A. 10492, is amended to read as follows:
§ 4. Notwithstanding the provisions of subdivision 3 of section 9-a of
the general municipal law, for inter-fund advances made pursuant to such
subdivision for costs attributable to the [COVID-19 pandemic] STATE
DISASTER EMERGENCY DECLARED PURSUANT TO EXECUTIVE ORDER 202 OF 2020,
repayment of moneys to the fund from which they were advanced shall be
S. 8428 3
made by close of the fiscal year next succeeding the fiscal year in
which such advance was made.
§ 5. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2020 amending the local finance law
relating to bond anticipation notes issued in calendar years 2015
through 2021, as proposed in legislative bills numbers S. 8417 and A.
10492, takes effect.
PART B
Section 1. Subdivisions 9, 10 and 12 of section 91 of the public
service law, as added by a chapter of the laws of 2020 amending the
public service law, relating to issuing a moratorium on utility termi-
nation of services during periods of pandemics and/or state of emergen-
cies, as proposed in legislative bills numbers S.8113-A and A.10521, are
amended to read as follows:
9. No telephone corporation shall terminate or disconnect a residen-
tial service customer for the non-payment of an overdue charge for the
duration of the state disaster emergency declared pursuant to executive
order two hundred two of two thousand twenty (hereinafter "the COVID-19
state of emergency"). Telephone corporations shall have a duty to
restore service, to the extent not already required under this chapter,
[to] AT THE REQUEST OF any residential customer within forty-eight hours
if such service has been terminated during the pendency of the COVID-19
state of emergency AND DISCONNECTION OF SUCH SERVICE WAS DUE TO NON-PAY-
MENT OF AN OVERDUE CHARGE.
10. [After] FOR A PERIOD OF ONE HUNDRED EIGHTY DAYS AFTER the COVID-19
state of emergency is lifted or expires, no telephone corporation shall
terminate or disconnect the service of a residential customer account
because of defaulted deferred payment agreements or arrears THEN owed to
the telephone corporation when such customer has experienced a change in
financial circumstances due to the COVID-19 state of emergency, as
defined by the department. The telephone corporation shall provide such
residential customer with the right to enter into, or restructure, a
deferred payment agreement without the requirement of a down payment,
late fees, or penalties[, as such is provided for in article two of this
chapter].
12. Implementation of the provisions of this section shall not prohib-
it a telephone corporation from recovering lost or deferred revenues
after the lifting or expiration of the COVID-19 state of emergency,
pursuant to such means for recovery as are provided for in this chapter,
and by means not inconsistent with any of the provisions of this
article. NOTHING IN THIS SECTION SHALL PROHIBIT A TELEPHONE CORPORATION
FROM DISCONNECTING SERVICE AT THE REQUEST OF A CUSTOMER. Nothing in this
section shall prohibit a telephone corporation from disconnecting
service when it is necessary to protect the health and safety of custom-
ers and the public.
§ 2. Section 5 of a chapter of the laws of 2020 amending the public
service law, relating to issuing a moratorium on utility termination of
services during periods of pandemics and/or state of emergencies, as
proposed in legislative bills numbers S.8113-A and A.10521, is amended
to read as follows:
§ 5. This act shall take effect immediately AND SHALL EXPIRE MARCH 31,
2021 WHEN UPON SUCH DATE THE PROVISIONS OF THIS ACT SHALL BE DEEMED
REPEALED.
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§ 3. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2020 amending the public service law,
relating to issuing a moratorium on utility termination of services
during periods of pandemics and/or state of emergencies, as proposed in
legislative bills numbers S.8113-A and A.10521, takes effect; provided
however, that the amendments to subdivisions 9, 10 and 12 of section 91
of the public service law made by section one of this act shall not
affect the repeal of such subdivisions and shall be deemed to be
repealed therewith.
PART C
Section 1. Section 9-x of the banking law, as added by a chapter of
the laws of 2020, amending the banking law relating to the forbearance
of residential mortgage payments, as proposed in legislative bills
numbers S. 8243-C and A. 10351-B, is amended to read as follows:
§ 9-x. Mortgage forbearance. 1. As used in this section, the following
terms shall have the following meanings:
(a) "Covered period" means March 7, 2020 until the date on which none
of the provisions that closed or otherwise restricted public or private
businesses or places of public accommodation, or required postponement
or cancellation of all non-essential gatherings of individuals of any
size for any reason in Executive Orders 202.3, 202.4, 202.5, 202.6,
202.7, 202.8, 202.10, 202.11, 202.13 or 202.14, as extended by Executive
Orders 202.28 and 202.31 and as further extended by any future Executive
Order, issued in response to the COVID-19 pandemic continue to apply in
the county of the qualified mortgagor's residence;
(b) "qualified mortgagor" means an individual [who resides in New
York] (I) whose [principal dwelling] PRIMARY RESIDENCE IS LOCATED IN NEW
YORK AND is encumbered by a home loan pursuant to paragraph (a) of
subdivision six of section thirteen hundred four of the real property
actions and proceedings law or whose [principal dwelling] PRIMARY RESI-
DENCE IS LOCATED IN NEW YORK AND is a co-operative unit whose shares are
encumbered by any loan otherwise meeting the requirements of a home loan
under paragraph (a) of subdivision six of section thirteen hundred four
of the real property actions and proceedings law, from or serviced by a
regulated institution; AND (II) WHO DEMONSTRATES FINANCIAL HARDSHIP AS A
RESULT OF COVID-19 DURING THE COVERED PERIOD;
(c) "regulated institution" means any New York regulated banking
organization as defined in this chapter and any New York regulated mort-
gage servicer entity subject to supervision by the department; and
(d) "trial period plan" means an agreement whereby the mortgagor is
required to make trial payments in full and on-time in order to be
considered for a permanent loan modification.
2. Notwithstanding any other provision of law, New York regulated
institutions shall:
(a) make applications for forbearance of any payment due on a residen-
tial mortgage of a property located in New York widely available to any
qualified mortgagor who, during the covered period, is in arrears or on
a trial period plan, or who has applied for loss mitigation [and demon-
strates financial hardship during the covered period]; and
(b) grant such forbearance OF ALL MONTHLY PAYMENTS DUE WITH RESPECT TO
THE MORTGAGE SECURED BY THE QUALIFIED MORTGAGOR'S PRIMARY RESIDENCE IN
NEW YORK for a period of UP TO one hundred eighty days to any such qual-
ified mortgagor [who is in arrears or on a trial period plan, or who has
applied for loss mitigation and demonstrates financial hardship], with
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the option to extend THE FORBEARANCE OF SUCH MONTHLY PAYMENTS FOR UP TO
an additional one hundred eighty days PROVIDED THAT THIS EXTENSION IS
SUBJECT TO THE MORTGAGOR DEMONSTRATING CONTINUED FINANCIAL HARDSHIP. IF
ANY QUALIFIED MORTGAGOR HAS ALREADY RECEIVED A FORBEARANCE PURSUANT TO
EXECUTIVE ORDER 202.9 OF TWO THOUSAND TWENTY, THE TIME OF SUCH FORBEAR-
ANCE SHALL BE CONSIDERED AS PART OF THE REQUIREMENT OF THIS SECTION TO
PROVIDE A FORBEARANCE OF UP TO ONE HUNDRED EIGHTY DAYS, AND ANY EXTEN-
SION THEREOF PURSUANT TO THIS SECTION.
(c) Such forbearance may be backdated to March seventh, two thousand
twenty, PROVIDED THAT THE MAXIMUM LENGTH OF THE FORBEARANCE MAY BE NO
LONGER THAN ONE HUNDRED EIGHTY DAYS AND ANY EXTENSION THEREOF PURSUANT
TO THIS SECTION.
3. Notwithstanding any other provision of law, any mortgage forbear-
ance granted by a regulated institution pursuant to executive order
number 202.9 of two thousand twenty, this section, or [any other law,
rule or regulation to the] 3 NYCRR PART 119 TO A qualified mortgagor as
a result of financial hardship [during the covered period] shall be
subject to the following provisions:
(a) the mortgagor shall have the option to extend the term of the loan
for the length of the period of forbearance. The regulated institution
shall [waive interest on the principal for the term of the forbearance
and waive any late fees accumulated as a result of the forbearance] NOT
CHARGE ADDITIONAL INTEREST OR ANY LATE FEES OR PENALTIES ON THE FORBORNE
PAYMENT; or
(b) the mortgagor shall have the option to have the arrears accumu-
lated during the forbearance period payable on a monthly basis for the
remaining term of the loan without being subject to penalties or late
fees incurred as a result of the forbearance; or
(c) THE MORTGAGOR SHALL HAVE THE OPTION TO NEGOTIATE A LOAN MODIFICA-
TION OR ANY OTHER OPTION THAT MEETS THE CHANGED CIRCUMSTANCES OF THE
QUALIFIED MORTGAGOR; OR
(D) if [the mortgagor is unable to make mortgage payments due to mort-
gagors' demonstrated hardship and] the mortgagor and regulated institu-
tion cannot REASONABLY agree on a mutually acceptable loan modification,
the [mortgagor] REGULATED INSTITUTION shall [have the option] OFFER to
defer arrears accumulated during the forbearance period as a non-inter-
est bearing balloon [payment] LOAN payable at the maturity of the loan
[consistent with the safety and soundness of such regulated institu-
tion], or at the time the loan is satisfied through a refinance or sale
of the property. Any late fees accumulated as a result of the forbear-
ance shall be waived.
[(d)] (E) The exercising of options provided for in paragraph (a), (b)
[or], (c) OR (D) of this subdivision by a qualified mortgagor shall not
be reported negatively to any credit bureau by any regulated institu-
tion.
4. Notwithstanding any other provision of law, adherence with this
section shall be a condition precedent to commencing a foreclosure
action stemming from missed payments which would have otherwise been
subject to this section. A defendant may raise the violation of this
section as a defense to a foreclosure action commenced on the defend-
ant's property when such action is based on missed payments that would
have otherwise been subject to this section.
5. Notwithstanding anything to the contrary in this section, this
section shall not apply to, and does not affect any mortgage loans made,
insured, PURCHASED or securitized by any agency or instrumentality of
the United States, any government sponsored enterprise, or a federal
S. 8428 6
home loan bank, OR A CORPORATE GOVERNMENTAL AGENCY OF THE STATE CONSTI-
TUTED AS A POLITICAL SUBDIVISION AND PUBLIC BENEFIT CORPORATION, or the
rights and obligations of any lender, issuer, servicer or trustee of
such obligations, including servicers for the Government National Mort-
gage Association.
6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR OF THIS SECTION, THE
OBLIGATION TO GRANT THE FORBEARANCE RELIEF REQUIRED BY THIS SECTION
SHALL BE SUBJECT TO THE REGULATED INSTITUTION HAVING SUFFICIENT CAPITAL
AND LIQUIDITY TO MEET ITS OBLIGATIONS AND TO OPERATE IN A SAFE AND SOUND
MANNER. ANY REGULATED INSTITUTION THAT DETERMINES THAT IT IS NOT ABLE TO
OFFER RELIEF PURSUANT TO THIS SECTION TO ANY QUALIFIED MORTGAGOR MUST
NOTIFY THE DEPARTMENT WITHIN FIVE BUSINESS DAYS OF MAKING SUCH DETERMI-
NATION. ANY SUCH NOTICE FILED WITH THE DEPARTMENT SHALL INCLUDE INFORMA-
TION ABOUT THE QUALIFIED MORTGAGOR, THE REASON THE REGULATED INSTITUTION
DETERMINED THAT IT WAS UNABLE TO OFFER ANY RELIEF PURSUANT TO THIS
SECTION, INFORMATION ABOUT THE REGULATED INSTITUTION'S FINANCIAL CONDI-
TION SUPPORTING THE REGULATED INSTITUTION'S DETERMINATION, AND ANY OTHER
INFORMATION REQUIRED BY THE DEPARTMENT. AT THE SAME TIME THAT THE REGU-
LATED INSTITUTION PROVIDES NOTICE TO THE DEPARTMENT, IT SHALL ADVISE THE
QUALIFIED MORTGAGOR THAT THE APPLICATION FOR RELIEF WAS DENIED AND
PROVIDE A STATEMENT THAT THE APPLICANT MAY FILE A COMPLAINT WITH THE NEW
YORK STATE DEPARTMENT OF FINANCIAL SERVICES AT 1-800-342-3736 OR
HTTP://WWW.DFS.NY.GOV IF THE APPLICANT BELIEVES THE APPLICATION WAS
WRONGLY DENIED.
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2020, amending the banking law relat-
ing to the forbearance of residential mortgage payments, as proposed in
legislative bills numbers S. 8243-C and A. 10351-B, takes effect.
PART D
Section 1. Section 180.65 of the criminal procedure law, as added by a
chapter of the laws of 2020, amending the criminal procedure law relat-
ing to conducting hearings on a felony complaint during a state disaster
emergency, as proposed in legislative bills numbers S. 8414 and A.
10493, is amended to read as follows:
§ 180.65 Hearing upon felony complaint; emergency provision during
disaster emergency.
During the period of the COVID-19 state disaster emergency, as
declared pursuant to executive order number two hundred two of two thou-
sand twenty and extensions thereof and article two-B of the executive
law, the following additional provisions shall apply to the conduct of a
hearing on a felony complaint pursuant to this article:
1. The appearance of any party and any witness at such hearing may be
by electronic appearance through an independent audio-visual system, as
such terms are defined in section 182.10 of this title, where the court
finds UPON ITS OWN MOTION after hearing from the parties and any such
witness, either in person or by electronic appearance, that due to the
person's circumstances and such disaster emergency a personal appearance
by such party or witness would be an unreasonable hardship to such
person or witness OR CREATE AN UNREASONABLE HEALTH RISK TO THE PUBLIC,
COURT STAFF OR ANYONE ELSE INVOLVED IN THE PROCEEDING.
2. At any such hearing on the felony complaint, the judge must be able
to hear and see the image of each witness clearly [though] THROUGH the
independent audio-visual system and such sound and visual image shall be
similar to the sound and image the judge would hear and see if the
S. 8428 7
witness were present together with the judge testifying in the court-
room. Documents, photographs and the like offered at the hearing may be
exchanged among the parties by electronic means. A stenographic tran-
scription or appropriate audio recording of the proceedings shall be
maintained, and the live testimony received by electronic appearance,
and other electronic appearances where practicable, shall be video
recorded BY THE COURT, AND A COPY PROVIDED TO THE PEOPLE AND THE
DEFENSE.
3. The authority for an electronic appearance pursuant to this section
shall be considered sufficient means to enable the court to conduct a
hearing on a felony complaint within the meaning of section 180.80 of
this article.
§ 2. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2020, amending the criminal procedure
law relating to conducting hearings on a felony complaint during a state
disaster emergency, as proposed in legislative bills numbers S. 8414 and
A. 10493, takes effect, provided, however, that the amendments made to
section 180.65 of the criminal procedure law made by section one of this
act shall not affect the repeal of such section and shall be deemed
repealed therewith.
§ 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 D of this act shall be
as specifically set forth in the last section of such Parts.
