EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12573-03-9
S. 1508--A 2 A. 2008--A
sure of cleansing products, labeling of consumer products, and requir-
ing manufacturer disclosure of the ingredients in personal care
products (Part K); to amend the banking law, in relation to student
loan servicers (Part L); to amend part FF of chapter 55 of the laws of
2017 relating to motor vehicles equipped with autonomous vehicle tech-
nology, in relation to the submission of reports and in relation to
extending the effectiveness thereof; to authorize the commissioner of
motor vehicles to approve demonstrations and tests consisting of the
operation of motor vehicles equipped with autonomous vehicle technolo-
gy; and to repeal section 1226 of the vehicle and traffic law relating
thereto (Part M); to amend chapter 713 of the laws of 1988, amending
the vehicle and traffic law relating to the ignition interlock device
program, in relation to extending the provisions thereof (Part N); to
amend chapter 166 of the laws of 1991, amending the tax law and other
laws relating to taxes, in relation to extending the expiration of
certain provisions of such chapter and to amend the vehicle and traf-
fic law, in relation to extending the expiration of the mandatory
surcharge and victim assistance fee (Part O); to amend vehicle and
traffic law, in relation to locally authorized scooters and locally
authorized motorcycles (Part P); to amend the business corporation
law, the cooperative corporations law, the executive law, the general
associations law, the general business law, the limited liability
company law, the not-for-profit corporation law, the partnership law,
the private housing finance law, the 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 corpo-
rations and to permit additional levels of such expedited service, in
relation to extending the effectiveness thereof (Part R); to amend the
highway law and the transportation corporations law, in relation to
fiber optic utilities (Part S); to amend the transportation law, the
vehicle and traffic law and the penal law, in relation to motor carri-
er safety (Part T); authorizing utility and cable television assess-
ments to provide funds to the department of health from cable tele-
vision assessment revenues and to the departments of agriculture and
markets, environmental conservation, office of parks, recreation and
historic preservation, and state from utility assessment revenues; and
providing for the repeal of such provisions upon expiration thereof
(Part U); to amend the state finance law and the public authorities
law, in relation to requiring state agencies and authorities to enter
contracts only with service providers that adhere to net neutrality
principles (Part V); to authorize the New York state energy research
and development authority to finance a portion of its research, devel-
opment and demonstration, policy and planning, and Fuel NY programs,
as well as the department of environmental conservation's climate
change program and the department of agriculture and markets' Fuel NY
program, from an assessment on gas and electric corporations (Part W);
to amend the energy law, the public service law, the public authori-
ties law and the environmental conservation law, in relation to estab-
lishing the "climate leadership act" (Part X); to amend chapter 393 of
the laws of 1994, amending the New York state urban development corpo-
ration act, relating to the powers of the New York state urban devel-
S. 1508--A 3 A. 2008--A
opment corporation to make loans, in relation to the effectiveness
thereof (Part Y); to amend the New York state urban development corpo-
ration act, in relation to extending certain provisions relating to
the empire state economic development fund (Part Z); to amend the
executive law, the public buildings law, the state finance law, the
public authorities law, and the penal law, in relation to the reau-
thorization of the minority and women-owned business enterprise
program and to amend chapter 261 of the laws of 1988, amending the
state finance law and other laws relating to the New York state
infrastructure trust fund, in relation to the effectiveness thereof;
and providing for the repeal of certain provisions upon expiration
thereof (Part AA); to amend the vehicle and traffic law and the public
authorities law, in relation to establishing a congestion tolling
program in the city of New York; and to amend the public officers law,
in relation to confidentiality of certain public records (Part BB); to
amend the vehicle and traffic law, in relation to photo speed
violation monitoring systems in school speed zones in the city of New
York; to amend chapter 43 of the laws of 2014, amending the vehicle
and traffic law, the public officers law and the general municipal law
relating to photo speed violation monitoring systems in school speed
zones in the city of New York, in relation to the effectiveness there-
of; and to amend chapter 189 of the laws of 2013, amending the vehicle
and traffic law and the public officers law relating to establishing
in a city with a population of one million or more a demonstration
program implementing speed violation monitoring systems in school
speed zones by means of photo devices, in relation to the effective-
ness thereof (Part CC); establishing the "Gateway Development Commis-
sion Act"; and to amend the transportation law, in relation to creat-
ing the gateway development commission (Part DD); to amend the public
authorities law, in relation to allowing the assignment, transfer,
sharing or consolidating of powers, functions or activities of the
metropolitan transportation authority (Part EE); to amend the vehicle
and traffic law, the public authorities law, the tax law and the state
finance law, in relation to providing certain metropolitan transporta-
tion commuter district supplemental taxes, surcharges and fees to the
metropolitan transportation authority without appropriation (Part FF);
to amend the vehicle and traffic law, in relation to removing caps on
automated enforcement cameras for bus lanes, authorizing automated
enforcement cameras for stopping, standing, parking and turning limi-
tations within the congestion toll zone and along designated bus
corridors, and increasing penalties and creating a graduated schedule
of fines for repeat offenders; and to amend part II of chapter 59 of
the laws of 2010, amending the vehicle and traffic law and the public
officers law relating to establishing a bus rapid transit demon-
stration program to restrict the use of bus lanes by means of bus lane
photo devices, in relation to the effectiveness thereof (Part GG); to
amend chapter 929 of the laws of 1986 amending the tax law and other
laws relating to the metropolitan transportation authority, in
relation to extending certain provisions thereof applicable to the
resolution of labor disputes (Part HH); to amend the penal law and the
vehicle and traffic law, in relation to classifying the assault of
airport workers, metropolitan transportation authority bus operators
and division of transportation inspectors as second degree assault
(Part II); to amend the public authorities law, in relation to the
operation of cashless tolling programs (Part JJ); to amend the public
authorities law, in relation to authorizing the New York power author-
S. 1508--A 4 A. 2008--A
ity to provide energy-related projects, programs and services to any
of its power customers, and to take actions necessary to develop elec-
tric vehicle charging stations (Part KK); to amend the public authori-
ties law, in relation to the provision of renewable power and energy
by the Power Authority of the State of New York (Part LL); to amend
the state finance law, in relation to establishing the parks retail
stores fund, and the golf fund, as enterprise funds (Part MM); to
amend the public authorities law, in relation to allowing the New York
state olympic regional development authority to enter into contracts
or agreements containing indemnity provisions in order to host olympic
or other national or international games or events (Part NN); to amend
the highway law, in relation to making a technical correction to
authorization of an airport mass transit project at LaGuardia airport
(Part OO); and to amend the business corporation law and the partner-
ship law, in relation to the elimination of the biennial filing fee
and five-year statement fee; and to repeal certain provisions of the
business corporation law and the limited liability company law relat-
ing thereto (Part PP); to amend the public authorities law, in
relation to agreements for fiber optics (Part QQ); and to amend the
public authorities law, in relation to procurements by the New York
city transit authority and metropolitan transportation authority; and
to amend chapter 54 of the laws of 2016 amending the public authori-
ties law relating to procurements by the New York city transit author-
ity and metropolitan transportation authority, in relation to the
effectiveness thereof (Part RR)
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 2019-2020
state fiscal year. Each component is wholly contained within a Part
identified as Parts A through RR. 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 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 (b) of subdivision 6 of section 1699-f of the
public authorities law, as added by chapter 83 of the laws of 1995, is
amended to read as follows:
(b) The financing of any project initiated on or after the effective
date of this section, THE ENTIRETY OF which the agency would be author-
ized to undertake by the provisions of the medical care facilities
finance agency act prior to such effective date, shall be governed by
such act.
§ 2. This act shall take effect immediately.
PART B
S. 1508--A 5 A. 2008--A
Section 1. Paragraph (b) of subdivision 2 of section 1676 of the
public authorities law is amended by adding two new undesignated para-
graphs to read as follows:
THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION.
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
§ 2. This act shall take effect immediately.
PART C
Section 1. Subdivision 25 of section 1678 of the public authorities
law is amended by adding two new paragraphs (e) and (f) to read as
follows:
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
INCLUDING BUT NOT LIMITED TO TITLE FIVE-A OF ARTICLE NINE OF THIS CHAP-
TER, THE ATLANTIC AVENUE HEALTHCARE PROPERTY HOLDING CORPORATION IS
HEREBY AUTHORIZED AND EMPOWERED TO SELL, EXCHANGE, LEASE, TRANSFER AND
CONVEY CERTAIN REAL PROPERTY LOCATED AT 483-503 HERKIMER STREET,
1028-1038 BROADWAY, 528 PROSPECT PLACE AND/OR 1366 EAST NEW YORK AVENUE,
ALL IN BROOKLYN, NEW YORK AS DIRECTED BY THE COMMISSIONER OF NEW YORK
STATE DIVISION OF HOMES AND COMMUNITY RENEWAL, UPON SUCH TERMS AND
CONDITIONS AS SUCH COMMISSIONER MAY FIX AND DETERMINE.
SUCH SALE, EXCHANGE, LEASE, TRANSFER AND CONVEYANCE SHALL BE CONSIST-
ENT WITH AND MADE PURSUANT TO A PLAN TO INCREASE ACCESS AND QUALITY OF
HEALTH CARE SERVICES AND PREVENTATIVE CARE AND CREATE AFFORDABLE HOUSING
APPROVED BY THE COMMISSIONER OF NEW YORK STATE DIVISION OF HOMES AND
COMMUNITY RENEWAL, THE COMMISSIONER OF HEALTH AND THE DIRECTOR OF THE
DIVISION OF THE BUDGET TO TRANSFORM THE CENTRAL BROOKLYN REGION. SUCH
PLAN MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, INITIATIVES INTENDED TO
INCREASE ACCESS TO OPEN SPACES AND HEALTHY FOOD, TRANSFORM HEALTH CARE
BY INCREASING ACCESS AND QUALITY OF HEALTH CARE SERVICES AND PREVENTA-
TIVE CARE, CREATE AFFORDABLE HOUSING, CREATE JOBS, IMPROVE YOUTH DEVEL-
OPMENT, AND PREVENT COMMUNITY VIOLENCE.
NOTWITHSTANDING THE FOREGOING, NO SUCH SALE, EXCHANGE, TRANSFER, LEASE
OR CONVEYANCE SHALL BE PERMITTED PURSUANT TO THIS SECTION, UNLESS IN THE
OPINION OF BOND COUNSEL TO THE AUTHORITY, SUCH SALE, EXCHANGE, TRANSFER,
LEASE OR CONVEYANCE DOES NOT IMPAIR THE TAX-EXEMPT STATUS OF ANY
OUTSTANDING BONDS OR OTHER OBLIGATIONS, IF ANY, ISSUED BY THE AUTHORITY
TO FINANCE OR REFINANCE THE SUBJECT PROPERTY. FOR THE PURPOSES OF SUCH
OPINION, THE VALUATION OF SUCH PROPERTY BEING SOLD, EXCHANGED, TRANS-
FERRED, LEASED OR CONVEYED MAY REFLECT THE TERMS AND CONDITIONS SET
FORTH IN THE PLAN.
(F) THE DESCRIPTION IN PARAGRAPH (E) OF THIS SUBDIVISION OF THE LANDS
TO BE TRANSFERRED AND CONVEYED IS NOT INTENDED TO BE A LEGAL
DESCRIPTION, BUT IS INTENDED ONLY TO IDENTIFY THE PREMISES TO BE
CONVEYED. AS A CONDITION OF TRANSFER AND CONVEYANCE, THE ATLANTIC AVENUE
HEALTHCARE PROPERTY HOLDING CORPORATION SHALL RECEIVE AN ACCURATE SURVEY
AND DESCRIPTION OF THE LANDS GENERALLY DESCRIBED IN PARAGRAPH (E) OF
THIS SUBDIVISION, WHICH MAY BE USED IN THE CONVEYANCE THEREOF.
§ 2. This act shall take effect immediately; provided, however, that
the amendments to subdivision 25 of section 1678 of the public authori-
ties law made by section one of this act shall survive the expiration
and reversion of such subdivision as provided by section 2 of chapter
584 of the laws of 2011, as amended.
PART D
S. 1508--A 6 A. 2008--A
Section 1. Paragraph (i) and the opening paragraph of paragraph (ii)
of subdivision (a) of section 2 of part F of chapter 60 of the laws of
2015, constituting the infrastructure investment act, as amended by
section 1 of part RRR of chapter 59 of the laws of 2017, are amended to
read as follows:
(i) "authorized state entity" shall mean the New York state thruway
authority, the department of transportation, the office of parks, recre-
ation and historic preservation, the department of environmental conser-
vation, THE DORMITORY AUTHORITY, THE URBAN DEVELOPMENT CORPORATION, THE
OFFICE OF GENERAL SERVICES, THE DEPARTMENT OF HEALTH, THE NEW YORK STATE
OLYMPIC REGIONAL DEVELOPMENT AUTHORITY, STATE UNIVERSITY OF NEW YORK
CONSTRUCTION FUND, and the New York state bridge authority.
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] ONE million TWO HUNDRED THOUSAND dollars
[($5,000,000)] ($1,200,000):
§ 2. Subdivision (e) of section 2 of part F of chapter 60 of the laws
of 2015, constituting the infrastructure investment act, is amended to
read as follows:
(e) "design-build [contract]" shall mean a [contract] PROJECT DELIVERY
METHOD for the design and construction of a capital project with a
single entity, which may be a team comprised of separate entities.
§ 3. Section 2 of part F of chapter 60 of the laws of 2015, constitut-
ing the infrastructure investment act is amended by adding three new
subdivisions (g), (h) and (i) to read as follows:
(G) "ALTERNATIVE PROJECT DELIVERY CONTRACT" SHALL MEAN ANY PROJECT
DELIVERY METHOD, INCLUDING BUT NOT LIMITED TO CONSTRUCTION MANAGER
BUILD, CONSTRUCTION MANAGER AT RISK, AND DESIGN-BUILD, PURSUANT TO WHICH
ONE OR MORE CONTRACTS FOR THE PROVISION OF DESIGN OR CONSTRUCTION
SERVICES ARE AWARDED PURSUANT TO AN OPEN AND COMPETITIVE METHOD OF
PROCUREMENT.
(H) "CONSTRUCTION MANAGER AT RISK" SHALL MEAN A PROJECT DELIVERY METH-
OD WHEREBY A CONSTRUCTION MANAGER (I) SERVES AS PART OF A TEAM IN
CONJUNCTION WITH THE OWNER IN THE DESIGN PHASE OF THE PROJECT; (II)
DURING THE CONSTRUCTION PHASE, ACTS AS GENERAL CONTRACTOR FOR AGREED
UPON COMPENSATION AS SET FORTH IN THE CONSTRUCTION MANAGER AT RISK
AGREEMENT; AND (III) ASSUMES THE RISK OF CONSTRUCTION COSTS EXCEEDING AN
AMOUNT SPECIFIED IN THE CONSTRUCTION MANAGER AT RISK AGREEMENT.
(I) "CONSTRUCTION MANAGER BUILD" SHALL MEAN A PROJECT DELIVERY METHOD
WHEREBY A CONSTRUCTION MANAGER: (I) SERVES AS PART OF A TEAM IN CONJUNC-
TION WITH THE OWNER IN THE DESIGN PHASE OF THE PROJECT; (II) UNDER THE
OVERSIGHT OF THE OWNER ACTS AS THE SINGLE SOURCE OF RESPONSIBILITY TO
BID, SELECT AND HOLD CONSTRUCTION CONTRACTS ON BEHALF OF THE OWNER
DURING THE CONSTRUCTION PHASE; AND (III) MANAGES THE CONSTRUCTION
PROJECT ON BEHALF OF THE OWNER.
§ 4. Section 3 of part F of chapter 60 of the laws of 2015, constitut-
ing the infrastructure investment act, as amended by section 3 of part
RRR of chapter 59 of the laws of 2017, is amended to read as follows:
S. 1508--A 7 A. 2008--A
§ 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, SECTIONS 8 AND 9 OF SECTION 1 OF CHAPTER 359 OF THE LAWS OF 1968
AS AMENDED, SECTION 11 OF SECTION 1 OF CHAPTER 174 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 PROJECT 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 AND related to [the state's] physical infrastructure, includ-
ing, but not limited to, [the state's] BUILDINGS AND APPURTENANT STRUC-
TURES, highways, bridges, 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] BUILDINGS AND APPURTENANT STRUCTURES, highways,
bridges, dams, flood control projects, canals, and parks or to improve
or add to [the state's] BUILDINGS AND APPURTENANT STRUCTURES, highways,
bridges, 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).
§ 5. Section 4 of part F of chapter 60 of the laws of 2015, constitut-
ing the infrastructure investment act, as amended by section 4 of part
RRR of chapter 59 of the laws of 2017, is amended to read as follows:
§ 4. An entity selected by an authorized state entity to enter into [a
design-build contract shall] AN ALTERNATIVE PROJECT DELIVERY CONTRACT
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] ALTERNATIVE PROJECT
DELIVERY 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 authorized state entity's review of responses
to a publicly advertised request for qualifications. The authorized
state entity's request for qualifications 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] ENTITY OR TEAM OF ENTITIES, organization, demon-
strated responsibility, ability of the [team] ENTITY OR TEAM OF ENTITIES
or of a member or members of the [team] ENTITY OR TEAM OF ENTITIES 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
S. 1508--A 8 A. 2008--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
PARTICIPATION BY SUCH BUSINESSES.
(b) Step two. Selection of the proposal which is the best value to the
authorized state entity. The authorized state entity shall issue a
request for proposals to the entities listed pursuant to subdivision (a)
of this section. If such an entity consists of a team of separate enti-
ties, the entities that comprise such a team must remain unchanged from
the entity as listed pursuant to subdivision (a) of this section unless
otherwise approved by the authorized state entity. The request for
proposals shall set forth the project's scope of work, and other
requirements, as determined by the authorized state entity. The request
for proposals shall specify the criteria to be used to evaluate the
responses and the relative weight of each such criteria. Such criteria
shall include the proposal's cost, the quality of the proposal's
solution, the qualifications and experience of the [design-build] enti-
ty, and other factors deemed pertinent by the authorized state entity,
which may include, but shall not be limited to, the proposal's project
implementation, ability to complete the work in a timely and satisfac-
tory manner, maintenance costs of the completed project, maintenance of
traffic approach, and community impact. Any contract awarded pursuant to
this act shall be awarded to a responsive and responsible entity that
submits the proposal, which, in consideration of these and other speci-
fied criteria deemed pertinent to the project, offers the best value to
the authorized state entity, as determined by the authorized state enti-
ty. The request for proposals shall include a statement that entities
shall designate in writing those portions of the proposal that contain
trade secrets or other proprietary information that are to remain confi-
dential; that the material designated as confidential shall be readily
separable from the entity's proposal. Nothing herein shall be construed
to prohibit the authorized entity from negotiating final contract terms
and conditions including cost. All proposals submitted shall be scored
according to the criteria listed in the request for proposals and such
final scores shall be published on the authorized state entity's
website.
§ 6. Section 7 of part F of chapter 60 of the laws of 2015, constitut-
ing the infrastructure investment act, is 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
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
S. 1508--A 9 A. 2008--A
135 OF THE STATE FINANCE LAW OR SECTION 101 OF THE GENERAL MUNICIPAL LAW
AS THE CASE MAY BE.
§ 7. 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.
§ 8. Section 11 of part F of chapter 60 of the laws of 2015, consti-
tuting the infrastructure investment act, is amended to read as follows:
§ 11. The submission of a proposal or responses or the execution of [a
design-build] AN ALTERNATIVE PROJECT DELIVERY contract pursuant to this
act shall not be construed to be a violation of section 6512 of the
education law.
§ 9. Section 13 of part F of chapter 60 of the laws of 2015, consti-
tuting the infrastructure investment act, as amended by section 11 of
part RRR of chapter 59 of the laws of 2017, is amended to read as
follows:
§ 13. Alternative construction awarding processes. (a) Notwithstand-
ing the provisions of any other law to the contrary, the authorized
state entity may award [a construction] AN ALTERNATIVE PROJECT DELIVERY
contract:
1. To the [contractor] ENTITY offering the best value; or
2. Utilizing a cost-plus not to exceed guaranteed maximum price form
of contract in which the authorized state entity shall be entitled to
monitor and audit all project costs. In establishing the schedule and
process for determining a guaranteed maximum price, the contract between
the authorized state entity and the contractor shall:
(i) describe the scope of the work and the cost of performing such
work;
(ii) include a detailed line item cost breakdown;
(iii) include a list of all drawings, specifications and other infor-
mation on which the guaranteed maximum price is based;
(iv) include the dates for substantial and final completion on which
the guaranteed maximum price is based; and
(v) include a schedule of unit prices; [or]
3. Utilizing a lump sum contract in which the [contractor] ENTITY
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] ENTITY'S
profit for completing all items of work comprising the project[.]; OR
4. THE CONTRACT MAY INCLUDE A COMBINATION OF ELEMENTS OF THE CONTRACT
TYPES LISTED IN THIS SECTION.
(A) THE ALTERNATIVE DELIVERY PROJECT MAY 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 UNDER-
TAKING as it deems necessary.
S. 1508--A 10 A. 2008--A
§ 10. Part F of chapter 60 of the laws of 2015, constituting the
infrastructure 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.
§ 11. Section 17 of part F of chapter 60 of the laws of 2015, consti-
tuting the infrastructure investment act, as amended by section 14 of
part RRR of chapter 59 of the laws of 2017, is amended to read as
follows:
§ 17. This act shall take effect immediately [and shall expire and be
deemed repealed 4 years after such date, provided that, projects with
requests for qualifications issued prior to such repeal shall be permit-
ted to continue under this act notwithstanding such repeal].
§ 12. This act shall take effect immediately.
PART E
Section 1. Subdivision 1 and the opening paragraph of subdivision 2 of
section 27-1905 of the environmental conservation law, as amended by
section 1 of part T of chapter 58 of the laws of 2016, are amended to
read as follows:
1. [Until December thirty-first, two thousand nineteen, accept] ACCEPT
from a customer, waste tires of approximately the same size and in a
quantity equal to the number of new tires purchased or installed by the
customer; and
[Until December thirty-first, two thousand nineteen, post] POST writ-
ten notice in a prominent location, which must be at least eight and
one-half inches by fourteen inches in size and contain the following
language:
§ 2. Subdivisions 1, 2, 3, and paragraph (a) of subdivision 6 of
section 27-1913 of the environmental conservation law, as amended by
section 2 of part T of chapter 58 of the laws of 2016, are amended to
read as follows:
1. [Until December thirty-first, two thousand nineteen, a] A waste
tire management and recycling fee of two dollars and fifty cents shall
be charged on each new tire sold. The fee shall be paid by the purchaser
to the tire service at the time the new tire or new motor vehicle is
purchased.
The waste tire management and recycling fee does not apply to:
(a) recapped or resold tires;
(b) mail-order sales; or
(c) the sale of new motor vehicle tires to a person solely for the
purpose of resale provided the subsequent retail sale in this state is
subject to such fee.
2. [Until December thirty-first, two thousand nineteen, the] THE tire
service shall collect the waste tire management and recycling fee from
the purchaser at the time of the sale and shall remit such fee to the
department of taxation and finance with the quarterly report filed
pursuant to subdivision three of this section.
(a) The fee imposed shall be stated as an invoice item separate and
distinct from the selling price of the tire.
(b) The tire service shall be entitled to retain an allowance of twen-
ty-five cents per tire from fees collected.
3. [Until March thirty-first, two thousand twenty, each] EACH tire
service maintaining a place of business in this state shall make a
S. 1508--A 11 A. 2008--A
return to the department of taxation and finance on a quarterly basis,
with the return for December, January, and February being due on or
before the immediately following March thirty-first; the return for
March, April, and May being due on or before the immediately following
June thirtieth; the return for June, July, and August being due on or
before the immediately following September thirtieth; and the return for
September, October, and November being due on or before the immediately
following December thirty-first.
(a) Each return shall include:
(i) the name of the tire service;
(ii) the address of the tire service's principal place of business and
the address of the principal place of business (if that is a different
address) from which the tire service engages in the business of making
retail sales of tires;
(iii) the name and signature of the person preparing the return;
(iv) the total number of new tires sold at retail for the preceding
quarter and the total number of new tires placed on motor vehicles prior
to original retail sale;
(v) the amount of waste tire management and recycling fees due; and
(vi) such other reasonable information as the department of taxation
and finance may require.
(b) Copies of each report shall be retained by the tire service for
three years.
If a tire service ceases business, it shall file a final return and
remit all fees due under this title with the department of taxation and
finance not more than one month after discontinuing that business.
(a) [Until December thirty-first, two thousand nineteen, any] ANY
additional waste tire management and recycling costs of the tire service
in excess of the amount authorized to be retained pursuant to paragraph
(b) of subdivision two of this section may be included in the published
selling price of the new tire, or charged as a separate per-tire charge
on each new tire sold. When such costs are charged as a separate per-
tire charge: (i) such charge shall be stated as an invoice item separate
and distinct from the selling price of the tire; (ii) the invoice shall
state that the charge is imposed at the sole discretion of the tire
service; and (iii) the amount of such charge shall reflect the actual
cost to the tire service for the management and recycling of waste tires
accepted by the tire service pursuant to section 27-1905 of this title,
provided however, that in no event shall such charge exceed two dollars
and fifty cents on each new tire sold.
§ 3. Paragraph (b) and (c) of subdivision 1 of section 27-1915 of the
environmental conservation law, as amended by section 5 of part DD of
chapter 59 of the laws of 2010, are amended and a new paragraph (d) is
added to read as follows:
(b) abatement of noncompliant waste tire stockpiles; [and]
(c) administration and enforcement of the requirements of this arti-
cle, exclusive of titles thirteen and fourteen[.]; AND
(D) CONDUCTING AN UPDATED MARKET ANALYSIS OF OUTLETS FOR WASTE TIRE
UTILIZATION INCLUDING RECYCLING AND ENERGY RECOVERY OPPORTUNITIES.
§ 4. This act shall take effect immediately.
PART F
Section 1. Subdivisions 1, 2-a and 5-a of section 27-1003 of the envi-
ronmental conservation law, subdivision 1 as amended by section 2 of
part SS of chapter 59 of the laws of 2009, subdivision 2-a as amended by
S. 1508--A 12 A. 2008--A
section 2 of part F of chapter 58 of the laws of 2013, and subdivision
5-a as added by section 3 of part SS of chapter 59 of the laws of 2009,
are amended to read as follows:
1. "Beverage" means [carbonated soft drinks, water, beer, other malt
beverages and a wine product as defined in subdivision thirty-six-a of
section three of the alcoholic beverage control law. "Malt beverages"
means any beverage obtained by the alcoholic fermentation or infusion or
decoction of barley, malt, hops, or other wholesome grain or cereal and
water including, but not limited to ale, stout or malt liquor. "Water"
means any beverage identified through the use of letters, words or
symbols on its product label as a type of water, including any flavored
water or nutritionally enhanced water, provided, however, that "water"
does not include any beverage identified as a type of water to which a
sugar has been added] ALL CARBONATED AND NONCARBONATED DRINKS IN LIQUID
FORM AND INTENDED FOR INTERNAL HUMAN CONSUMPTION.
THE TERM "BEVERAGE" SHALL NOT INCLUDE:
A. MILK AND DAIRY DERIVED PRODUCTS. "MILK" MEANS WHOLE MILK, SKIM
MILK, LOW-FAT MILK, CREAM, CULTURED MILK, YOGURT OR ANY COMBINATION OF
THOSE PRODUCTS. THE TERM "DAIRY DERIVED PRODUCTS" INCLUDES ANY PRODUCT
OF WHICH MORE THAN FIFTY PERCENT OF THE INGREDIENTS ARE MILK, MILK FAT,
CULTURED MILK OR YOGURT;
B. RICE MILK, SOY MILK, NUT MILK OR OTHER MILK SUBSTITUTE;
C. INFANT FORMULA;
D. A LIQUID THAT IS A SYRUP, IN A CONCENTRATED FORM, OR TYPICALLY
ADDED AT LESS THAN FIVE PERCENT AS A MINOR FLAVORING INGREDIENT IN FOOD
OR DRINK, SUCH AS EXTRACTS, COOKING ADDITIVES, SAUCES OR CONDIMENTS;
E. A LIQUID THAT IS A MEDICAL PRESCRIPTION OR OVER-THE-COUNTER DRUG
REGULATED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION AND CONSUMED
FOR MEDICINAL PURPOSES ONLY;
F. A LIQUID THAT IS (I) REGULATED AS A DIETARY SUPPLEMENT BY THE
UNITED STATES FOOD AND DRUG ADMINISTRATION EXCEPT ONE THAT IS DESIGNED,
MARKETED AND/OR INTENDED TO BE CONSUMED AS A BEVERAGE SUCH AS A SPORTS
OR HYDRATION DRINK, OR (II) DESIGNED, MARKETED AND/OR INTENDED TO BE
CONSUMED AS A MEAL OR MEAL SUBSTITUTE AS PART OF A WEIGHT LOSS PROGRAM,
SUCH AS A DIET SHAKE;
G. PRODUCTS THAT ARE TRADITIONALLY FROZEN AT THE TIME OF SALE;
H. PRODUCTS DESIGNED TO BE CONSUMED IN A FROZEN STATE;
I. INSTANT DRINK POWDERS;
J. SEAFOOD, MEAT OR VEGETABLE BROTHS, OR SOUPS; AND
K. ALCOHOLIC BEVERAGES OTHER THAN: BEER, MALT BEVERAGES, AND A WINE
PRODUCT AS THAT TERM IS DEFINED IN SECTION THREE OF THE ALCOHOLIC BEVER-
AGE CONTROL LAW. "MALT BEVERAGES" MEANS ANY BEVERAGE OBTAINED BY THE
ALCOHOLIC FERMENTATION OR INFUSION OR DECOCTION OF BARLEY, MALT, HOPS,
OR OTHER WHOLESOME GRAIN OR CEREAL AND WATER INCLUDING, BUT NOT LIMITED
TO ALE, STOUT OR MALT LIQUOR.
2-a. "[Bottler] BEVERAGE MANUFACTURER" means a person, firm or corpo-
ration who:
a. bottles, cans or otherwise packages beverages in beverage contain-
ers [except that if]. IF such packaging is for any other person, firm or
corporation having the right to bottle, can or otherwise package the
same brand of beverage, then such other person, firm or corporation
shall be CONSIDERED TO BE the [bottler] BEVERAGE MANUFACTURER FOR THE
PURPOSES OF THIS TITLE; or
b. imports filled beverage containers into the United States.
5-a. A "deposit initiator" for each beverage container for which a
refund value is established under section 27-1005 of this title means
S. 1508--A 13 A. 2008--A
THE FIRST PERSON TO CHARGE A DEPOSIT ON A FILLED BEVERAGE CONTAINER. FOR
THE PURPOSES OF CHARGING SUCH DEPOSIT THE DEPOSIT INITIATOR MAY BE:
a. the [bottler of the beverage in such container] BEVERAGE MANUFAC-
TURER;
b. the distributor of such container if such distributor's purchase of
such container was not, directly or indirectly, from a registered depos-
it initiator;
c. [a dealer of such container who sells or offers for sale such
container in this state, whose purchase of such container was not,
directly or indirectly, from a registered deposit initiator] THE BRAND
OWNER OF A BEVERAGE; or
d. [an agent acting on behalf of a registered deposit initiator] ANY
OTHER PERSON AS DETERMINED IN RULES OR REGULATIONS PROMULGATED BY THE
DEPARTMENT.
§ 2. The environmental conservation law is amended by adding a new
section 27-1004 to read as follows:
§ 27-1004. DEPOSIT INITIATORS.
1. A. FOR A BEVERAGE CONTAINER MANUFACTURED IN THE UNITED STATES, THE
DEPOSIT ON EACH FILLED BEVERAGE CONTAINER MUST BE INITIATED BY THE
BEVERAGE MANUFACTURER, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
B. THE FIRST DISTRIBUTOR OF A BEVERAGE MAY CHOOSE TO INITIATE THE
DEPOSIT IF ALL OF THE FOLLOWING APPLY:
(I) THE MANUFACTURER DOES NOT SELL, OFFER FOR SALE, OR DISTRIBUTE SUCH
BEVERAGE TO ANY PERSON IN THE STATE OR TO ANY OTHER PERSON THAT DISTRIB-
UTES SUCH BEVERAGE INTO THE STATE;
(II) THE FIRST DISTRIBUTOR HAS A GEOGRAPHICALLY EXCLUSIVE DISTRIBUTOR-
SHIP FOR THE SALE OF SUCH BEVERAGE; AND
(III) THE MANUFACTURER AND THE FIRST DISTRIBUTOR HAVE A WRITTEN AGREE-
MENT DETAILING THE SPECIFIC GEOGRAPHIC AREAS IN THE STATE OF SUCH EXCLU-
SIVE DISTRIBUTORSHIP.
C. THE PERSON, FIRM OR CORPORATION WHO BOTTLES, CANS OR OTHERWISE
PACKAGES BEVERAGES IN BEVERAGE CONTAINERS MAY INITIATE THE DEPOSIT FOR A
BRAND OWNER FOR WHOSE EXCLUSIVE ACCOUNT BEVERAGE CONTAINERS BEARING THE
BRAND NAME OR TRADEMARK ARE BOTTLED, CANNED OR PACKAGED IF THE PERSON,
FIRM OR CORPORATION IS THE EXCLUSIVE BOTTLER AND THERE IS A WRITTEN
AGREEMENT ESTABLISHING WHO IS RESPONSIBLE FOR THE PICK-UP AND REDEMPTION
OF EMPTY CONTAINERS.
2. FOR A BEVERAGE MANUFACTURED OUTSIDE THE UNITED STATES, THE DEPOSIT
ON EACH FILLED BEVERAGE CONTAINER MUST BE INITIATED BY THE PERSON, FIRM,
OR CORPORATION WHO IMPORTS FILLED BEVERAGE CONTAINERS INTO THE UNITED
STATES.
3. EXCEPT AS PROVIDED BY THIS SECTION, OR AS PROVIDED IN RULES OR
REGULATIONS PROMULGATED BY THE DEPARTMENT, NO OTHER PERSON MAY INITIATE
A DEPOSIT ON A BEVERAGE CONTAINER SOLD IN NEW YORK STATE.
4. FOR THE PURPOSES OF THIS TITLE, THERE SHALL BE ONLY ONE DEPOSIT
INITIATOR FOR THE SAME TYPE OF BEVERAGE CONTAINER WHO IS RESPONSIBLE FOR
THE PROPER INITIATION OF DEPOSITS ON SUCH BEVERAGE CONTAINERS; THE
COLLECTION OF EMPTY BEVERAGE CONTAINERS; AND THE PAYMENT OF ALL REFUND
VALUES AND HANDLING FEES ON THOSE CONTAINERS FOR EACH GEOGRAPHIC SALES
AREA IN NEW YORK STATE.
5. A. A DEPOSIT INITIATOR SHALL INITIATE DEPOSITS ON FILLED BEVERAGE
CONTAINERS SOLD TO ANY OTHER PERSON OUTSIDE OF THIS STATE WHO INTENDS TO
SELL SUCH BEVERAGE CONTAINERS FOR USE OR CONSUMPTION IN THIS STATE, AND
ANY SUCH SALES INTO THE STATE BY ANY SUCH OTHER PERSON MUST BE ACCURATE-
LY REPORTED TO THE ORIGINAL DEPOSIT INITIATOR IN WRITING.
S. 1508--A 14 A. 2008--A
B. A REGISTERED DEPOSIT INITIATOR THAT SELLS BEVERAGE CONTAINERS TO
PURCHASERS AT LOCATIONS OUTSIDE OF THE STATE WITHOUT INITIATING A DEPOS-
IT SHALL INFORM THE PURCHASER IN WRITING THAT SUCH FILLED BEVERAGE
CONTAINERS CANNOT BE SOLD IN NEW YORK STATE WITHOUT A DEPOSIT BEING
INITIATED BY THE APPROPRIATE DEPOSIT INITIATOR.
6. A DEPOSIT INITIATOR MAY CONTRACT IN WRITING WITH AN AGENT TO ACT ON
BEHALF OF THE DEPOSIT INITIATOR TO PICK UP, PROCESS, OR ADMINISTER
PAYMENTS OF DEPOSITS AND HANDLING FEES ON EMPTY BEVERAGE CONTAINERS
ACCEPTED FROM REDEMPTION CENTERS AND DEALERS ON BEHALF OF THE DEPOSIT
INITIATOR. AS USED IN THIS TITLE, THE TERM "DEPOSIT INITIATOR" SHALL
ALSO INCLUDE THE AGENT OF THE DEPOSIT INITIATOR WHEN REFERRING TO A
DEPOSIT INITIATOR'S PICKUP AND REDEMPTION REQUIREMENTS. AN AGENT OF A
DEPOSIT INITIATOR SHALL COMPLY WITH ALL OF THE DEPOSIT INITIATOR'S PICK-
UP AND REDEMPTION REQUIREMENTS, UNLESS OTHERWISE SPECIFIED IN THEIR
WRITTEN AGREEMENT WITH THE DEPOSIT INITIATOR.
§ 3. Paragraph (a) of subdivision 1, subdivisions 3, 5, 7, 8, 9, 10,
11 and 12 of section 27-1007 of the environmental conservation law,
paragraph (a) of subdivision 1, subdivisions 3, 5, 7, 8, 9, 10 and 11 as
added by section 4 of part SS of chapter 59 of the laws of 2009, and
subdivision 12 as added by section 3 of part F of chapter 58 of the laws
of 2013, are amended and two new subdivisions 13 and 14 are added to
read as follows:
(a) A dealer shall accept at his or her place of business from a
redeemer any empty beverage containers of the design, shape, size,
color, composition and brand sold or offered for sale by the dealer, and
shall pay to the redeemer the refund value of each such beverage
container as established in section 27-1005 of this title. Redemptions
of refund value must be in legal tender, or a scrip or receipt from a
reverse vending machine, provided that the scrip or receipt can be
exchanged for legal tender for a period of not less than sixty days
without requiring the purchase of other goods. IF THE SCRIP OR RECEIPT
FROM A REVERSE VENDING MACHINE EXPIRES, THE EXPIRATION DATE MUST BE
INDICATED ON SUCH SCRIP OR RECEIPT, OR THE DEALER MUST POST A CONSPICU-
OUS SIGN INDICATING HOW MANY DAYS A REDEEMER HAS TO EXCHANGE THE SCRIP
OR RECEIPT FOR LEGAL TENDER. IF NOTIFICATION OF AN EXPIRATION IS NOT
PROVIDED, A DEALER MUST REDEEM THE FULL REFUND VALUE INDICATED ON ANY
LEGIBLE SCRIP OR RECEIPT. The use or presence of a reverse vending
machine shall not relieve a dealer of any obligations imposed pursuant
to this section. If a dealer utilizes a reverse vending machine to
redeem containers, the dealer shall provide redemption of beverage
containers when the reverse vending machine is full, broken, under
repair or does not accept a type of beverage container sold or offered
for sale by such dealer and may not limit the hours or days of redemp-
tion except as provided by subdivision three of this section.
3. [On or after June first, two thousand nine, a] A dealer WHOSE
PRIMARY BUSINESS IS THE SALE OF FOOD OR BEVERAGES FOR CONSUMPTION OFF-
PREMISES AND WHOSE PLACE OF BUSINESS IS LESS THAN TEN THOUSAND SQUARE
FEET IN SIZE may limit the number of empty beverage containers to be
accepted for redemption at the dealer's place of business to no less
than seventy-two containers per visit, per redeemer, per day[, provided
that:
(a) The dealer has a written agreement with a redemption center, be it
either at a fixed physical location within the same county and within
one-half mile of the dealer's place of business, or a mobile redemption
center, operated by a redemption center, that is located within one-
quarter mile of the dealer's place of business. The redemption center
S. 1508--A 15 A. 2008--A
must have a written agreement with the dealer to accept containers on
behalf of the dealer; and the redemption center's hours of operation
must cover at least 9:00 a.m. through 7:00 p.m. daily or in the case of
a mobile redemption center, the hours of operation must cover at least
four consecutive hours between 8:00 a.m. and 8:00 p.m. daily. The deal-
er must post a conspicuous, permanent sign, meeting the size and color
specifications set forth in subdivision two of this section, open to
public view, identifying the location and hours of operation of the
affiliated redemption center or mobile redemption center; and
(b) The dealer provides, at a minimum, a consecutive two hour period
between 7:00 a.m. and 7:00 p.m. daily whereby the dealer will accept up
to two hundred forty containers, per redeemer, per day, and posts a
conspicuous, permanent sign, meeting the size and color specifications
set forth in subdivision two of this section, open to public view, iden-
tifying those hours. The dealer may not change the hours of redemption
without first posting a thirty day notice; and
(c) The dealer's primary business is the sale of food or beverages for
consumption off-premises, and the dealer's place of business is less
than ten thousand square feet in size].
5. [A] THE FAILURE OF A deposit [initiator's] INITIATOR, A DEPOSIT
INITIATOR'S AGENT, OR [distributor's failure] A DISTRIBUTOR to pick up
empty beverage containers[, including containers processed in a reverse
vending machine,] from a redemption center, dealer or the operator of a
reverse vending machine, shall be a violation of this title.
7. A deposit initiator [on a brand] WHO INITIATES A DEPOSIT ON A
BEVERAGE CONTAINER shall accept from [a] ANY OTHER DEPOSIT INITIATOR OR
distributor who [does] DID not initiate [deposits] A DEPOSIT on that
[brand any empty] beverage [containers of that brand] ANY EMPTY BEVERAGE
CONTAINER accepted by the OTHER DEPOSIT INITIATOR OR distributor from a
dealer or operator of a redemption center and shall reimburse the OTHER
DEPOSIT INITIATOR OR distributor the refund value of each such beverage
container, as established by section 27-1005 of this title. In addition,
the deposit initiator shall reimburse such OTHER DEPOSIT INITIATOR OR
distributor for each such beverage container the handling fee estab-
lished under subdivision six of this section THAT WAS PAID BY THE
REDEEMING DISTRIBUTOR OR DEPOSIT INITIATOR. Without limiting the rights
of the department or any person, firm or corporation under this subdivi-
sion or any other provision of this [section] TITLE, a distributor shall
have a civil right of action to enforce this subdivision, including,
upon three days notice, the right to apply for temporary and preliminary
injunctive relief against continuing violations, and until arrangements
for collection and return of empty containers or reimbursement of [such]
THE REDEEMING distributor for such deposits and handling fees are made.
8. It shall be the responsibility of the deposit initiator or distrib-
utor to provide to a dealer or redemption center a sufficient number of
bags, cartons, or other suitable containers, at no cost, for the packag-
ing, handling and pickup of empty beverage containers that are not
redeemed through a reverse vending machine. The bags, cartons, or
containers must be provided by the deposit initiator or distributor on a
schedule that allows the dealer or redemption center sufficient time to
sort the empty beverage containers prior to pick up by the deposit
initiator or distributor. In addition:
(a) When picking up empty beverage containers, a deposit initiator or
distributor shall not require a dealer or redemption center to load
their own bags, cartons or containers onto or into the deposit initi-
ator's or distributor's vehicle or vehicles or provide the staff or
S. 1508--A 16 A. 2008--A
equipment needed to do so. HOWEVER, WHERE PALLETS OR SKIDS, BAGS,
CARTONS OR CONTAINERS ARE READILY MOVABLE ONLY BY MEANS OF A FORKLIFT OR
SIMILAR EQUIPMENT, A DEPOSIT INITIATOR OR DISTRIBUTOR MAY REQUIRE A
DEALER OR REDEMPTION CENTER TO MOVE OR LOAD SUCH ITEMS AT NO COST USING
A FORKLIFT OR SIMILAR EQUIPMENT BELONGING TO THE DEALER OR REDEMPTION
CENTER.
(b) FOR EMPTY CONTAINERS NOT PROCESSED THROUGH A REVERSE VENDING
MACHINE, A DEALER OR REDEMPTION CENTER MAY PROVIDE TO A DEPOSIT INITI-
ATOR OR A DISTRIBUTOR A SIGNED, WRITTEN STATEMENT ATTESTING TO THE COUNT
OF THE NUMBER OF CONTAINERS TENDERED FOR REDEMPTION. IF SUCH STATEMENT
IS PROVIDED, THE DEPOSIT INITIATOR OR DISTRIBUTOR SHALL PAY THE REDEMP-
TION CENTER OR DEALER ALL APPLICABLE REFUNDS AND HANDLING FEES FOR THE
CONTAINERS AS INDICATED ON SUCH STATEMENT, UNLESS DISCREPANCIES DISCOV-
ERED DURING THE COURSE OF AN AUDIT ARE DOCUMENTED BY THE DEPOSIT INITI-
ATOR OR DISTRIBUTOR AND THE REASONS FOR THE DISCREPANCIES ARE PROVIDED
IN WRITING TO THE REDEMPTION CENTER OR DEALER. A deposit initiator or
distributor [shall not] MAY require A REDEMPTION CENTER OR DEALER'S
COUNT OF empty containers to be [counted] AUDITED at a location other
than the redemption center or dealer's place of business, IF THE REDEMP-
TION CENTER OR DEALER REFUSES TO ALLOW AN AUDIT TO BE CONDUCTED AT THE
REDEMPTION CENTER OR DEALER'S PLACE OF BUSINESS, IF THERE IS INSUFFI-
CIENT SPACE TO CONDUCT AN AUDIT, OR IF AN AUDIT CANNOT BE COMPLETED IN A
SAFE, SECURE LOCATION PROTECTED FROM WEATHER CONDITIONS. The dealer or
redemption center shall have the right to be present at [the count] AN
AUDIT CONDUCTED AT A LOCATION OTHER THAN THE REDEMPTION CENTER OR DEAL-
ER'S PLACE OF BUSINESS.
(c) A deposit initiator or distributor shall pick up empty beverage
containers from the dealer or redemption center at reasonable times and
intervals as determined in rules or regulations promulgated by the
department.
9. No person shall return or assist another to return to a dealer or
redemption center an empty beverage container for its refund value if
such container had previously been accepted for redemption by a dealer,
redemption center, [or] DISTRIBUTOR, A deposit initiator who initiates
deposits on beverage containers of the same brand, OR AN AGENT OF A
DEPOSIT INITIATOR, OR IF SUCH EMPTY CONTAINER WAS PREVIOUSLY ACCEPTED BY
A REVERSE VENDING MACHINE.
10. A redeemer, dealer, distributor, DEPOSIT INITIATOR or redemption
center shall not knowingly redeem an empty beverage container THAT WAS
NOT SOLD AS A FILLED CONTAINER IN THE STATE AND on which a deposit was
never paid in New York state, AND SHALL ONLY PAY DEPOSITS ON THE ACTUAL
NUMBER OF EMPTY BEVERAGE CONTAINERS TENDERED AND ACCEPTED FOR
REDEMPTION.
11. [Notwithstanding the provisions of subdivision two of section
27-1009 of this title, a deposit initiator or distributor shall accept
and redeem beverage containers as provided in this title, if the dealer
or operator of a redemption center shall have accepted and paid the
refund value of such beverage containers.] ONCE THE REFUND VALUE OF AN
EMPTY BEVERAGE CONTAINER HAS BEEN PAID BY A DEPOSIT INITIATOR WHO INITI-
ATES DEPOSITS ON THAT TYPE OF BEVERAGE CONTAINER, NO PERSON MAY KNOWING-
LY ACCEPT THAT EMPTY BEVERAGE CONTAINER FROM, OR GIVE OR SELL IT TO, ANY
PERSON FOR THE PURPOSE OF OBTAINING THE REFUND VALUE FROM ANY PERSON.
12. No person shall [intentionally] program, tamper with, render inac-
curate, or circumvent the proper operation of a reverse vending machine
[to wrongfully elicit deposit monies when no valid, redeemable beverage
S. 1508--A 17 A. 2008--A
container has been placed in and properly processed by the reverse vend-
ing machine].
13. NO PERSON SHALL TRANSPORT EMPTY BEVERAGE CONTAINERS FROM OUT OF
STATE INTO NEW YORK STATE FOR THE PURPOSE OF TENDERING SUCH BEVERAGE
CONTAINERS FOR REDEMPTION.
14. A. REVERSE VENDING MACHINES SHALL BE DESIGNED TO PREVENT THE FRAU-
DULENT REDEMPTION OF CONTAINERS BY UTILIZING THE BEST AVAILABLE TECHNOL-
OGY AND PROVIDE AN ACCURATE REPORT CONTAINING THE FOLLOWING INFORMATION:
(I) THE NUMBER OF CONTAINERS PLACED IN THE REVERSE VENDING MACHINE
OVER A PREDETERMINED TIME PERIOD;
(II) THE PRODUCT NAME OF EACH BEVERAGE CONTAINER PLACED IN THE REVERSE
VENDING MACHINE; AND
(III) THE MATERIAL TYPE AND SIZE OF EACH BEVERAGE CONTAINER PLACED IN
THE REVERSE VENDING MACHINE.
B. ALL REVERSE VENDING MACHINES SHALL BE AUDITED BY AN INDEPENDENT
THIRD-PARTY AUDITOR AT LEAST TWICE PER YEAR, BUT NOT WITHIN ANY FOUR
CONSECUTIVE MONTHS.
C. A REVERSE VENDING MACHINE, ANY REPORT PROVIDED FROM SUCH MACHINE,
AND ANY AUDIT OF A REVERSE VENDING MACHINE, ARE SUBJECT TO INSPECTION
AND AUDIT BY THE DEPARTMENT. THE DEPARTMENT OF TAXATION AND FINANCE IS
AUTHORIZED TO AUDIT ANY REPORT FROM A REVERSE VENDING MACHINE.
§ 4. Section 27-1009 of the environmental conservation law, as amended
by section 4 of part F of chapter 58 of the laws of 2013, is amended to
read as follows:
§ 27-1009. Refusal of acceptance.
1. A dealer or operator of a redemption center [may] SHALL refuse to
accept from a redeemer, and a deposit initiator or distributor [may]
SHALL refuse to accept from a dealer or operator of a redemption center
any empty beverage container which does not state thereon a refund value
as established by section 27-1005 and provided by section 27-1011 of
this title.
2. A dealer [or], operator of a redemption center, DISTRIBUTOR, OR
DEPOSIT INITIATOR may also refuse to accept any broken bottle, ANY
corroded, crushed or dismembered container, or any beverage container
which [contains a significant amount of foreign material] IS OTHERWISE
ALTERED SO THAT IT IS RENDERED UNREDEEMABLE, as determined in rules and
regulations to be promulgated by the commissioner. SUCH REFUSAL MUST
OCCUR AT THE TIME THE BEVERAGE CONTAINER IS TENDERED FOR REDEMPTION.
NOTWITHSTANDING THE FOREGOING, CONTAINERS PROCESSED THROUGH A REVERSE
VENDING MACHINE AUTHORIZED BY A DISTRIBUTOR OR DEPOSIT INITIATOR, AS
DOCUMENTED THROUGH REVERSE VENDING MACHINE RECONCILIATION STATEMENTS OR
OTHER REASONABLE DOCUMENTATION, SHALL BE ACCEPTED BY A DISTRIBUTOR OR
DEPOSIT INITIATOR.
§ 5. Paragraph b of subdivision 1 of section 27-1011 of the environ-
mental conservation law, as amended by section 5 of part F of chapter 58
of the laws of 2013, is amended and a new subdivision 4 is added to read
as follows:
b. Such embossing or permanent imprinting on the beverage container
shall be the responsibility of the person, firm or corporation which
bottles, cans or otherwise fills or packages a beverage container or a
brand owner for whose exclusive account private label beverages are
bottled, canned or otherwise packaged; provided, however, that the duly
authorized agent of any such person, firm or corporation may indicate
such refund value by a label securely affixed on any beverage container
containing beverages imported into the United States. Private label
beverages shall be defined as beverages [purchased from a bottler] in
S. 1508--A 18 A. 2008--A
beverage containers bearing a brand name or trademark for sale [at
retail] OR DISTRIBUTION, directly by the owner or licensee of such brand
name or trademark; or through [retail] dealers affiliated with such
owner or licensee by a cooperative [or], franchise, OR OTHER agreement.
4. NO PERSON SHALL SELL IN THIS STATE A DRINK CONTAINER THAT INDICATES
A NEW YORK STATE REFUND VALUE IF THE CONTAINER IS NOT A "BEVERAGE
CONTAINER," AS THAT TERM IS DEFINED BY SECTION 27-1003 OF THIS TITLE.
§ 6. Subdivision 1, paragraphs a and b of subdivision 4, subdivisions
8 and 12 of section 27-1012 of the environmental conservation law,
subdivision 1, paragraphs a and b of subdivision 4 and subdivision 8 as
added by section 8 of part SS of chapter 59 of the laws of 2009, and
subdivision 12 as amended by section 6 of part F of chapter 58 of the
laws of 2013, are amended to read as follows:
1. Each deposit initiator shall deposit in a refund value account an
amount equal to the refund value initiated under section 27-1005 of this
title which is received with respect to each beverage container sold by
such deposit initiator. Such deposit initiator shall hold the amounts in
the refund value account in trust for the state. A refund value account
shall be an interest-bearing account established in a banking institu-
tion located in this state, the deposits in which are insured by an
agency of the federal government. Deposits of such amounts into the
refund value account shall be made not less frequently than every [five]
THIRTY business days. All interest, dividends and returns earned on the
refund value account shall be paid directly into said account. The
monies in such accounts shall be kept separate and apart from all other
monies in the possession of the deposit initiator. The commissioner of
taxation and finance may specify a system of accounts and records to be
maintained with respect to accounts established under this subdivision.
a. Quarterly payments. An amount equal to eighty percent of the
balance outstanding in the refund value account at the close of each
quarter shall be paid to the commissioner of taxation and finance at the
time the report provided for in subdivision three of this section is
required to be filed. HOWEVER, A DEPOSIT INITIATOR WHO INITIATES DEPOS-
ITS ON BEVERAGE CONTAINERS WITH A UNIVERSAL PRODUCT CODE AND LABEL
DESIGN THAT IS UNIQUE TO THIS STATE, OR USED ONLY IN THIS STATE AND ANY
OTHER STATES THAT HAVE A LAW SUBSTANTIALLY SIMILAR TO THIS TITLE, SHALL
BE ENTITLED TO PAY AN AMOUNT EQUAL TO ONLY SIXTY PERCENT OF THE BALANCE
OUTSTANDING IN THE REFUND VALUE ACCOUNT ATTRIBUTABLE TO SUCH BEVERAGE
CONTAINERS AT THE CLOSE OF EACH QUARTER TO THE COMMISSIONER OF TAXATION
AND FINANCE AT THE TIME THE REPORT PROVIDED FOR IN SUBDIVISION THREE OF
THIS SECTION IS REQUIRED TO BE FILED. The commissioner of taxation and
finance may require that the payments be made electronically. The
remaining twenty percent of the balance outstanding at the close of each
quarter shall be the monies of the deposit initiator and may be with-
drawn from such account by the deposit initiator. If the provisions of
this section with respect to such account have not been fully complied
with, each deposit initiator shall pay to such commissioner at such
time, in lieu of the amount described in the preceding sentence, an
amount equal to the balance which would have been outstanding on such
date had such provisions been fully complied with. The commissioner of
taxation and finance may require that the payments be made electron-
ically.
b. Refund value account shortfall. In the event a deposit initiator
pays out more in refund values than it collects in deposits of refund
values during the course of a quarterly period as described in subdivi-
sion three of this section, the deposit initiator may apply to the
S. 1508--A 19 A. 2008--A
commissioner of taxation and finance for a refund of the amount of such
excess payment of refund values from sources other than the refund value
account, in the manner as provided by the commissioner of taxation and
finance. A deposit initiator must apply for a refund no later than
twelve months after the due date for filing the quarterly report for the
quarterly period for which the refund claim is made. No interest shall
be payable for any refund paid pursuant to this paragraph. HOWEVER, A
DEPOSIT INITIATOR WHO INITIATES DEPOSITS ON BEVERAGE CONTAINERS THAT DO
NOT HAVE A UNIVERSAL PRODUCT CODE AND LABEL DESIGN THAT IS UNIQUE TO
THIS STATE OR USED ONLY IN THIS STATE AND ANY OTHER STATES THAT HAVE A
LAW SUBSTANTIALLY SIMILAR TO THIS TITLE SHALL NOT BE ENTITLED TO A
REFUND PURSUANT TO THIS SUBDIVISION.
8. The commissioner of taxation and finance may require the mainte-
nance of such accounts, records or documents relating to the sale of
beverage containers, by any deposit initiator, [bottler] BEVERAGE
MANUFACTURER, distributor, dealer or redemption center as such commis-
sioner may deem appropriate for the administration of this section. Such
commissioner may make examinations, including the conduct of facility
inspections during regular business hours, with respect to the accounts,
records or documents required to be maintained under this subdivision.
Such accounts, records and documents shall be preserved for a period of
three years, except that such commissioner may consent to their
destruction within that period or may require that they be kept longer.
Such accounts, records and documents may be kept within the meaning of
this subdivision when reproduced by any photographic, photostatic,
microfilm, micro-card, miniature photographic or other process which
actually reproduces the original accounts, records or documents.
12. a. Each deposit initiator shall provide a report to the department
describing all the types of beverage containers on which it initiates
deposits. The report shall include the product name, type of beverage,
size and composition of the beverage container, universal product code,
THE WAYS IN WHICH THE DEPOSIT INITIATOR ATTEMPTS TO PREVENT THE FRAUDU-
LENT SALE AND REDEMPTION OF BRANDS OF BEVERAGE CONTAINERS IT SELLS, and
any other information the department may require. Upon request, a depos-
it initiator shall also provide to the department a copy of the contain-
er label or a picture of any beverage container sold or offered for sale
in this state on which it initiates a deposit. Such information shall be
provided in a form as prescribed by the department. The department may
require that such forms be filed electronically.
b. A [bottler] BEVERAGE MANUFACTURER may place on a beverage container
a universal product code or other distinctive marking that is specific
to the state or used only in the state and any other states with laws
substantially similar to this title as a means of preventing the sale or
redemption of beverage containers on which no deposit was initiated.
c. A [bottler] BEVERAGE MANUFACTURER or deposit initiator shall notify
the department, in a form prescribed by the department, whenever a
beverage container or beverage container label is revised by altering
the universal product code, or whenever the container on which a
universal product code appears is changed in size, composition or glass
color, or whenever the container or container label on which a universal
product code appears is changed to include a universal product code that
is unique to the state or used only in the state and any other states
with laws substantially similar to this title.
D. THE DEPARTMENT MAY REQUIRE THE MAINTENANCE OF SUCH ACCOUNTS,
RECORDS OR DOCUMENTS RELATING TO THE SALE AND REDEMPTION OF BEVERAGE
CONTAINERS, BY ANY DEPOSIT INITIATOR, BEVERAGE MANUFACTURER, DISTRIBU-
S. 1508--A 20 A. 2008--A
TOR, DEALER OR REDEMPTION CENTER AS THE DEPARTMENT MAY DEEM APPROPRIATE
FOR THE ADMINISTRATION OF THIS TITLE. THE DEPARTMENT MAY MAKE EXAMINA-
TIONS, INCLUDING CONDUCTING FACILITY INSPECTIONS DURING REGULAR BUSI-
NESS HOURS, WITH RESPECT TO THE ACCOUNTS, RECORDS OR DOCUMENTS REQUIRED
TO BE MAINTAINED UNDER THIS SUBDIVISION. SUCH ACCOUNTS, RECORDS AND
DOCUMENTS SHALL BE PRESERVED FOR A PERIOD OF THREE YEARS, EXCEPT THAT
THE DEPARTMENT MAY CONSENT TO THEIR DESTRUCTION WITHIN THAT PERIOD OR
MAY REQUIRE THAT THEY BE KEPT LONGER. SUCH ACCOUNTS, RECORDS AND DOCU-
MENTS MAY BE KEPT WITHIN THE MEANING OF THIS SUBDIVISION WHEN REPRODUCED
BY ANY PHOTOGRAPHIC, PHOTOSTATIC, MICROFILM, MICRO-CARD, MINIATURE
PHOTOGRAPHIC OR OTHER PROCESS WHICH ACTUALLY REPRODUCES THE ORIGINAL
ACCOUNTS, RECORDS OR DOCUMENTS.
§ 7. Section 27-1014 of the environmental conservation law, as amended
by section 10 of part SS of chapter 59 of the laws of 2009, is amended
to read as follows:
§ 27-1014. Authority to promulgate rules and regulations.
In addition to the authority of the commissioner, under sections
27-1007, 27-1009, 27-1011, 27-1012, and 27-1013 of this title, the
commissioner shall have the power to promulgate rules and regulations
necessary and appropriate for the administration of this title AND TO
PREVENT THE FRAUDULENT SALE, LABELING AND REDEMPTION OF BEVERAGE
CONTAINERS IN NEW YORK STATE.
§ 8. Section 27-1015 of the environmental conservation law, as amended
by section 8 of part F of chapter 58 of the laws of 2013 and subdivision
5-a as added by section 9 of part F of chapter 58 of the laws of 2013,
is amended to read as follows:
§ 27-1015. Violations.
1. CIVIL AND ADMINISTRATIVE SANCTIONS. A. Except as otherwise provided
in this section and section 27-1012 of this title, any person who [shall
violate] VIOLATES any [provision] OF THE PROVISIONS of, OR FAILS TO
PERFORM A DUTY IMPOSED BY THIS TITLE, OR ANY RULE OR REGULATION PROMUL-
GATED 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 title shall be liable [to the
state of New York] for a civil penalty of not more than five hundred
dollars FOR EACH VIOLATION, and an additional civil penalty of not more
than five hundred dollars for each day during which each such violation
continues. Any civil penalty may be assessed BY THE COMMISSIONER follow-
ing a hearing or opportunity to be heard OR BY THE COURT IN ANY ACTION
OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER. IN ADDITION,
SUCH PERSON MAY BY SIMILAR PROCESS BE ENJOINED FROM CONTINUING SUCH
VIOLATION AND ANY PERMIT OR REGISTRATION ISSUED TO SUCH PERSON MAY BE
REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLICATION DENIED.
[2.] B. [Any] IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT
OF TAXATION AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE,
ANY distributor, deposit initiator, redemption center or dealer who
violates any provision of this title, [except as provided in section
27-1012 of this title,] OR FAILS TO PERFORM A DUTY IMPOSED BY 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 TITLE shall be liable [to the state of New York] for a civil penal-
ty of not more than one thousand dollars FOR EACH VIOLATION, and an
additional civil penalty of not more than one thousand dollars for each
day during which each such violation continues. Any civil penalty may be
assessed following a hearing or opportunity to be heard, OR BY THE COURT
S. 1508--A 21 A. 2008--A
IN ANY ACTION OR PROCEEDING PURSUANT TO SECTION 71-2727 OF THIS CHAPTER.
IN ADDITION, SUCH DEPOSIT INITIATOR OR DISTRIBUTOR MAY BY SIMILAR PROC-
ESS BE ENJOINED FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR REGIS-
TRATION ISSUED TO SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A PENDING
RENEWAL APPLICATION DENIED.
2. CRIMINAL SANCTIONS. A. ANY PERSON WHO, HAVING ANY OF THE CULPABLE
MENTAL STATES DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY
PROVISION OF OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS TITLE, OR
ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETER-
MINATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL
BE GUILTY OF A VIOLATION AND, UPON CONVICTION, SHALL BE PUNISHED BY A
FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH VIOLATION; EACH DAY
ON WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE A SEPARATE VIOLATION;
AND FOR EACH SUCH VIOLATION THE PERSON SHALL BE SUBJECT, UPON
CONVICTION, TO IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A FINE
OF NOT MORE THAN FIVE HUNDRED DOLLARS, OR TO BOTH IMPRISONMENT AND FINE.
B. IN ADDITION TO ANY PENALTIES IMPOSED BY THE DEPARTMENT OF TAXATION
AND FINANCE AS PROVIDED IN SECTION 27-1012 OF THIS TITLE, ANY DISTRIBU-
TOR OR DEPOSIT INITIATOR WHO, HAVING ANY OF THE CULPABLE MENTAL STATES
DEFINED IN SECTION 15.05 OF THE PENAL LAW, VIOLATES ANY PROVISION OF OR
WHO FAILS TO PERFORM ANY DUTY IMPOSED BY THIS TITLE, OR ANY RULE OR
REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR
ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF
A VIOLATION AND, UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT
MORE THAN ONE THOUSAND DOLLARS FOR EACH VIOLATION; EACH DAY ON WHICH
SUCH VIOLATION OCCURS SHALL CONSTITUTE A SEPARATE VIOLATION; AND FOR
EACH SUCH VIOLATION THE PERSON SHALL BE SUBJECT, UPON CONVICTION, TO
IMPRISONMENT FOR NOT MORE THAN FIFTEEN DAYS OR TO A FINE OF NOT MORE
THAN ONE THOUSAND DOLLARS, OR TO BOTH SUCH IMPRISONMENT AND SUCH FINE.
[3.] C. It shall be unlawful for [a distributor or deposit initiator]
ANY PERSON, acting alone or aided by another, to return any empty bever-
age container to a dealer [or], redemption center, DISTRIBUTOR OR DEPOS-
IT INITIATOR for its refund value if [the] A distributor or deposit
initiator had previously accepted such beverage container from any deal-
er or operator of a redemption center or if such container was previous-
ly accepted by a reverse vending machine. A violation of this [subdivi-
sion] PARAGRAPH shall be a misdemeanor punishable by a fine of not less
than five hundred dollars nor more than one thousand dollars and an
amount equal to two times the amount of money received as a result of
such violation, OR IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR TO BOTH
SUCH IMPRISONMENT AND SUCH FINES.
D. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY PERSON
WHO VIOLATES SUBDIVISION TWELVE OF SECTION 27-1007 OF THIS TITLE, OR ANY
RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE
GUILTY OF A MISDEMEANOR AND, UPON CONVICTION, SHALL BE PUNISHED BY A
FINE OF NOT MORE THAN ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY
IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRI-
SONMENT.
E. IN ADDITION TO ANY OTHER PENALTY PROVIDED BY THIS TITLE, ANY DEAL-
ER, DISTRIBUTOR OR DEPOSIT INITIATOR, WHO KNOWINGLY OR INTENTIONALLY
VIOLATES ANY PROVISION OF OR WHO FAILS TO PERFORM ANY DUTY IMPOSED BY
SECTION 27-1005 OR 27-1012 OF THIS TITLE, OR ANY RULE OR REGULATION
PROMULGATED PURSUANT THERETO, OR ANY FINAL DETERMINATION OR ORDER OF THE
COMMISSIONER MADE PURSUANT TO THIS TITLE SHALL BE GUILTY OF A MISDEMEA-
NOR AND, UPON CONVICTION, SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
S. 1508--A 22 A. 2008--A
ONE THOUSAND DOLLARS PER DAY OF VIOLATION, OR BY IMPRISONMENT FOR NOT
MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND IMPRISONMENT.
3. ANY PRODUCT SOLD OR DISTRIBUTED IN THE STATE THAT IS NOT IN COMPLI-
ANCE WITH THE DEPOSIT INITIATOR REGISTRATION OR THE LABELING REQUIRE-
MENTS ESTABLISHED IN THIS TITLE MAY BE REMOVED FROM SALE BY THE DEPART-
MENT AND THE ATTORNEY GENERAL.
4. Any person who [willfully] tenders to a dealer, distributor,
redemption center or deposit initiator more than forty-eight empty
beverage containers for which such person knows or should reasonably
know that no deposit was paid in New York state may be assessed [by the
department] a civil penalty of up to one hundred dollars for each
container or up to twenty-five thousand dollars for each such tender of
containers. At each location where a person tenders containers for
redemption, dealers and redemption centers must conspicuously display a
sign in letters that are at least one inch in height with the following
information: "WARNING: Persons tendering for redemption containers on
which a deposit was never paid in this state may be subject to a civil
penalty of up to one hundred dollars per container or up to twenty-five
thousand dollars for each such tender of containers." Any civil penalty
may be assessed BY THE COMMISSIONER following a hearing or opportunity
to be heard, OR BY THE COURT IN ANY ACTION OR PROCEEDING PURSUANT TO
SECTION 71-2727 OF THIS CHAPTER. IN ADDITION, SUCH PERSON MAY BY SIMILAR
PROCESS BE ENJOINED FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR
REGISTRATION ISSUED TO SUCH PERSON MAY BE REVOKED OR SUSPENDED OR A
PENDING RENEWAL APPLICATION DENIED.
5. A. The department, the department of agriculture and markets, the
department of taxation and finance 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. In addition, the provisions of section 27-1005 of
this title and subdivisions one, two, three, four, five, ten and eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village and the local legislative body thereof may adopt local laws,
ordinances or regulations consistent with this title providing for the
enforcement of such provisions.
B. IN ADDITION, WITHOUT LIMITING THE RIGHTS OF THE DEPARTMENT, OR ANY
PERSON, FIRM OR CORPORATION UNDER THIS SUBDIVISION OR ANY OTHER
PROVISION OF THIS SECTION, A DEALER, OWNER OR OPERATOR OF A REDEMPTION
CENTER, DISTRIBUTOR, OR DEPOSIT INITIATOR SHALL HAVE A CIVIL RIGHT OF
ACTION TO ENFORCE THE PROVISIONS OF SECTION 27-1009 OF THIS TITLE AND
SUBDIVISIONS FOUR, FIVE, SIX, AND EIGHT OF SECTION 27-1007 OF THIS
TITLE.
5-a. The [city of New York, Nassau county and Suffolk county] COUNTY
DISTRICT ATTORNEY OFFICES OF ALL COUNTIES IN THIS STATE are entitled to
retain [twenty-five] FIFTY percent of all monies collected as CRIMINAL,
CIVIL, AND ADMINISTRATIVE fines or penalties pursuant to enforcement of
section 27-1005 of this chapter.
6. (a) Any person who willfully violates or directs another to violate
the requirements to collect or charge the refund value imposed by
section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
this title on five thousand or more beverage containers in one or more
separate transactions within one year shall be guilty of a class B
misdemeanor.
(b) Any person, having previously been convicted of a violation of
paragraph (a) of this section within the past three years, who willfully
S. 1508--A 23 A. 2008--A
violates or directs another to violate the requirements to collect or
charge the refund value imposed by section 27-1005 or paragraph a of
subdivision nine of section 27-1012 of this title on five thousand or
more beverage containers in one or more separate transactions within one
year shall be guilty of a class A misdemeanor.
(c) Any person who willfully violates or directs another to violate
the requirements to collect or charge the refund value imposed by
section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
this title on twenty thousand or more beverage containers in one or more
separate transactions within one year shall be guilty of a class E felo-
ny.
Nothing in this subdivision shall apply to common or contract carriers
or warehousemen while engaged in lawfully transporting or storing such
containers as merchandise, nor to any employee of such carrier or ware-
houseman acting within the scope of his or her employment. THE ABOVE
NOTWITHSTANDING, IF A PERSON IS OBSERVED SELLING, OFFERING FOR SALE, OR
OTHERWISE DISTRIBUTING FOR COMPENSATION CONTAINERS, OF WHICH THE
REQUIREMENTS TO COLLECT OR CHARGE THE REFUND VALUE IMPOSED BY SECTION
27-1005 OR PARAGRAPH A OF SUBDIVISION NINE OF SECTION 27-1012 HAVE NOT
BEEN COMPLIED WITH, IT SHALL BE PRESUMPTIVE EVIDENCE THAT ALL SUCH
CONTAINERS IN SUCH PERSON'S POSSESSION ARE CONSIDERED BEING POSSESSED
WITH THE INTENT TO SELL IN NEW YORK STATE. IT SHALL BE AN AFFIRMATIVE
DEFENSE TO THE ABOVE PRESUMPTIVE EVIDENCE CLAUSE THAT CONTAINERS, AS
DESCRIBED ABOVE, ARE NOT BEING POSSESSED WITH THE INTENT TO SELL IN NEW
YORK STATE, AS LONG AS THE ENTITY MAINTAINS WITH THE CONTAINERS,
INVOICES, PURCHASE ORDERS, OR OTHER VERIFIABLE BUSINESS RECORDS ACCEPTA-
BLE TO THE DEPARTMENT, WHICH CLEARLY DOCUMENT THAT THE CONTAINERS ARE
INTENDED FOR SALE TO CUSTOMERS OUTSIDE OF NEW YORK STATE.
7. A violation of this title, except as otherwise provided in this
section and section 27-1012 of this title, shall be a public nuisance.
8. ALL OFFICERS AND EMPLOYEES, DESIGNATED BY THE COMMISSIONER, AND ALL
POLICE OFFICERS SHALL HAVE POWER TO SEIZE AS EVIDENCE WITHOUT WARRANT
ANY BEVERAGE CONTAINER, WHETHER FULL OR EMPTY, AND ANY CONTAINER INCLUD-
ING MOTOR VEHICLES CONTAINING SUCH CONTAINERS, WHENEVER THEY HAVE CAUSE
TO BELIEVE IT IS POSSESSED OR TRANSPORTED IN VIOLATION OF LAW, OR IT
BEARS EVIDENCE OF ILLEGAL SALE OR REDEMPTION, OR IT IS POSSESSED OR
TRANSPORTED UNDER CIRCUMSTANCES MAKING THE POSSESSION OR TRANSPORTATION
PRESUMPTIVE EVIDENCE OF ILLEGAL SALE OR REDEMPTION.
9. IF THE DEFENDANT IS HELD LIABLE OR FOUND GUILTY IN ANY PROSECUTION,
CIVIL OR CRIMINAL, FOR A VIOLATION INVOLVING THE ILLEGAL SALE OR INTENT
TO SELL BEVERAGES REQUIRING A DEPOSIT OR THE ILLEGAL REDEMPTION OF
RETURNABLE BEVERAGE CONTAINERS IN VIOLATION OF ANY PROVISIONS OF THIS
TITLE, OR IF THE DEFENDANT SHALL EFFECT A CIVIL COMPROMISE OF ANY ACTION
OR CAUSE OF ACTION IN FAVOR OF THE STATE ARISING OUT OF SUCH VIOLATION,
THE DEFENDANT'S INTEREST IN ANY AND ALL BEVERAGES, BEVERAGE CONTAINERS,
WHETHER FULL OR EMPTY, AND ANY VEHICLE OR OTHER CONVEYANCE USED DURING
THE COMMISSION OF THE VIOLATION OF SUCH PROVISIONS SHALL BE FORFEITED TO
THE STATE.
§ 9. Section 12 of part F of chapter 58 of the laws of 2013 amending
the environmental conservation law and the state finance law relating to
the "Cleaner, Greener NY Act of 2013", as amended by section 2-b of part
JJ of chapter 58 of the laws of 2017, is amended to read as follows:
§ 12. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2013; provided,
however, that the amendments to subdivision 5-a of section 27-1015 of
S. 1508--A 24 A. 2008--A
the environmental conservation law, as added by section nine of this
act, shall expire and be deemed repealed on April 1, [2019] 2021.
§ 10. This act shall take effect on the sixtieth day after it shall
have become a law, provided, however, that section one of this act shall
take effect on April 1, 2020, and provided further that section nine of
this act shall take effect immediately and shall be deemed to have been
in full force and effect on and after April 1, 2019; and provided
further that the amendments to subdivision 5-a of section 27-1015 of the
environmental conservation law made by section eight of this act shall
not affect the repeal of such subdivision and shall be deemed repealed
therewith.
PART G
Section 1. The environmental conservation law is amended by adding a
new section 3-0321 to read as follows:
§ 3-0321. CONDITIONAL GIFTS, DONATIONS, CAPITAL IMPROVEMENTS.
1. NOTWITHSTANDING THE PROVISIONS OF THE STATE FINANCE LAW, OR ANY
OTHER STATE LAW TO THE CONTRARY, AND SUBJECT TO APPROVAL OF THE DIRECTOR
OF THE BUDGET, THE COMMISSIONER IS AUTHORIZED TO ACCEPT A CONDITIONAL
GRANT, GIFT, DEVISE OR BEQUEST, EITHER ABSOLUTELY OR IN TRUST, FROM
PERSONS AND ENTITIES FOR THE MAINTENANCE OF ANY EDUCATIONAL OR RECRE-
ATIONAL FACILITIES OR FOR PROGRAMS THAT PROMOTE THE USE OR STEWARDSHIP
OF DEPARTMENT OWNED LANDS; ESTABLISH A SPECIAL FUND OR FUNDS CONSISTING
OF MONIES SO ACQUIRED AND ADMINISTER SUCH FUND OR FUNDS; AND EXPEND SUCH
MONIES IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SUCH GRANTS,
GIFTS, DEVISES OR BEQUESTS.
2. NOTWITHSTANDING THE PROVISIONS OF THE STATE FINANCE LAW, OR ANY
OTHER STATE LAW TO THE CONTRARY, THE COMMISSIONER IS AUTHORIZED TO:
(A) RECEIVE, HOLD AND ADMINISTER PERSONAL PROPERTY AND ANY INCOME
THEREOF, ACQUIRED BY GRANT, GIFT, DEVISE OR BEQUEST, EITHER ABSOLUTELY
OR IN TRUST, FOR THE MAINTENANCE OF ANY EDUCATIONAL OR RECREATIONAL
FACILITIES OR FOR PROGRAMS THAT PROMOTE THE USE OR STEWARDSHIP OF
DEPARTMENT OWNED LANDS; ESTABLISH A SPECIAL FUND OR FUNDS CONSISTING OF
MONIES SO ACQUIRED AND ADMINISTER SUCH FUND OR FUNDS; AND EXPEND SUCH
MONIES;
(B) ENTER INTO CONTRACTS OR OTHER AGREEMENTS WITH PRIVATE PHILANTHROP-
IC INTERESTS OR NOT-FOR-PROFIT CORPORATIONS TO PROVIDE, EITHER IN WHOLE
OR IN PART, MAINTENANCE OF ANY EDUCATIONAL OR RECREATIONAL FACILITIES OR
PROGRAMS THAT PROMOTE THE USE OR STEWARDSHIP OF DEPARTMENT OWNED LANDS
AND AUTHORIZE THE USE OF DEPARTMENT OWNED FACILITIES OR LANDS FOR SUCH
PRIVATE PHILANTHROPIC INTERESTS OR NOT-FOR-PROFIT CORPORATIONS TO
CONDUCT FUND-RAISING ACTIVITIES FOR THE SUPPORT OF SUCH EDUCATIONAL OR
RECREATIONAL FACILITIES OR PROGRAMS;
(C) ENTER INTO COOPERATIVE AGREEMENTS IN FURTHERANCE OF THE DEPART-
MENT'S MISSION WITH PERSONS OR ENTITIES TO PROMOTE OUTDOOR RECREATIONAL
ACTIVITIES AND PROVIDE USE OF OUTDOOR RECREATIONAL EQUIPMENT AND OPPOR-
TUNITIES FOR THE PUBLIC BENEFIT ON DEPARTMENT OWNED LANDS; AND
(D) SEEK INVESTMENT FROM PRIVATE PHILANTHROPIC INTEREST OR NOT-FOR-
PROFIT CORPORATIONS FOR CAPITAL IMPROVEMENTS AT DEPARTMENT OWNED FACILI-
TIES.
3. THE COMMISSIONER SHALL NOT ACCEPT ANY GRANT, GIFT, DEVISE OR
BEQUEST FROM OR ENTER INTO ANY CONTRACT OR AGREEMENT AUTHORIZED PURSUANT
TO SUBDIVISION ONE OF THIS SECTION WITH PERSONS OR ENTITIES:
(A) NAMED IN A PENDING LAWSUIT BY OR AGAINST THE DEPARTMENT;
(B) UNDER INVESTIGATION BY THE DEPARTMENT;
S. 1508--A 25 A. 2008--A
(C) WITH A PERMIT OR LICENSE APPLICATION PENDING BEFORE THE DEPART-
MENT;
(D) ENGAGED IN SETTLEMENT NEGOTIATIONS WITH THE DEPARTMENT REGARDING
ANY CIVIL, CRIMINAL OR ADMINISTRATIVE MATTER; OR
(E) SUBJECT TO A CONSENT ORDER ISSUED BY THE DEPARTMENT.
§ 2. This act shall take effect immediately.
PART H
Section 1. Subdivisions 4 and 6 of section 27-2701 of the environ-
mental conservation law, as added by chapter 641 of the laws of 2008,
are amended and a new subdivision 8 is added to read as follows:
4. "Plastic carryout bag" means [a plastic carryout] ANY FILM PLASTIC
bag provided [by a store] to a customer [at the point of sale] TO BE
USED BY THE CUSTOMER TO CARRY TANGIBLE PERSONAL PROPERTY, REGARDLESS OF
WHETHER ANY TANGIBLE PERSONAL PROPERTY OR SERVICE IS SOLD TO THE CUSTOM-
ER, AND REGARDLESS OF WHETHER ANY TANGIBLE PERSONAL PROPERTY OR SERVICE
SOLD IS EXEMPT FROM TAX UNDER ARTICLE TWENTY-EIGHT OF THE TAX LAW.
6. "Store" means a retail establishment that provides plastic OR PAPER
carryout bags to its customers as a result of the sale of a product and
(a) has over ten thousand square feet of retail space, or (b) such
retail establishment is part of a chain engaged in the same general
field of business which operates five or more units of over five thou-
sand square feet of retail space in this state under common ownership
and management.
8. "PAPER CARRYOUT BAG" MEANS A PAPER BAG PROVIDED TO A CUSTOMER TO BE
USED BY THE CUSTOMER TO CARRY TANGIBLE PERSONAL PROPERTY, REGARDLESS OF
WHETHER ANY TANGIBLE PERSONAL PROPERTY OR SERVICE IS SOLD TO THE CUSTOM-
ER, AND REGARDLESS OF WHETHER ANY TANGIBLE PERSONAL PROPERTY OR SERVICE
SOLD IS EXEMPT FROM TAX UNDER ARTICLE TWENTY-EIGHT OF THE TAX LAW.
§ 2. Section 27-2705 of the environmental conservation law, as added
by chapter 641 of the laws of 2008 and subdivisions 2, 3 and 4 as
amended by chapter 481 of the laws of 2014, is amended to read as
follows:
§ 27-2705. Recycling program requirements.
An at-store recycling program provided by the operator of a store
shall require:
1. [a plastic carryout bag provided by the store to have printed or
displayed on the bag, in a manner visible to a consumer, the words
"PLEASE RETURN TO A PARTICIPATING STORE FOR RECYCLING". Provided, howev-
er, such store shall be allowed for one year from the effective date of
this subdivision to use its existing stock of plastic carryout bags. A
store may also apply to the commissioner for approval of an alternative
plastic bag recycling message. The commissioner shall approve or reject
the proposed message within forty-five days;
2.] a collection bin that is visible, easily accessible to the consum-
er, and clearly marked that the collection bin is available for the
purpose of collecting and recycling plastic carryout bags and film plas-
tic. This subdivision shall apply to stores not within an enclosed shop-
ping mall and stores of at least fifty thousand square feet within an
enclosed shopping mall. In the case of an enclosed shopping mall, the
owner of the enclosed mall shall place bins at reasonable intervals
throughout the enclosed mall area;
[3] 2. all plastic carryout bags and film plastic collected by the
store to be collected, transported and recycled along with any other
in-store plastic recycling, except for plastic bags that are not suffi-
S. 1508--A 26 A. 2008--A
ciently free of foreign material to enter the recycling stream. Plastic
carryout bags and film plastic collected by the store or the manufactur-
er, which are free of foreign material, shall not be disposed of in any
solid waste disposal facility permitted or authorized pursuant to title
seven of this article;
[4] 3. the store or its agent to maintain, for a minimum of three
years, records describing the collection, transport and recycling of
plastic carryout bags and film plastic collected by weight, provided
however that stores or its agents may weigh such bags, film plastic and
any other in-store plastic recycling at a regional collection center.
Such records shall be made available to the department upon request, to
demonstrate compliance with this title; and
[5] 4. the operator of the store to (a) make reusable bags available
to customers within the store for purchase, and (b) permit a reuseable
bag to be used in lieu of a plastic carryout bag or paper bag.
§ 3. The environmental conservation law is amended by adding a new
section 27-2708 to read as follows:
§ 27-2708. PLASTIC CARRYOUT BAG PROHIBITION.
1. BEGINNING MARCH FIRST, TWO THOUSAND TWENTY, PROVIDING PLASTIC
CARRYOUT BAGS TO CUSTOMERS IS PROHIBITED EXCEPT AS OTHERWISE PROVIDED BY
THE DEPARTMENT PURSUANT TO REGULATIONS.
2. THIS PROHIBITION SHALL NOT APPLY TO (A) PLASTIC BAGS USED SOLELY TO
CONTAIN OR WRAP UNCOOKED MEAT, FISH, OR POULTRY; (B) PLASTIC BAGS USED
BY A CUSTOMER SOLELY TO PACKAGE BULK ITEMS, SUCH AS FRUITS, VEGETABLES,
NUTS, GRAINS, OR CANDY; (C) PLASTIC BAGS USED SOLELY TO CONTAIN FOOD
SLICED TO ORDER; (D) PLASTIC BAGS USED SOLELY TO CONTAIN A NEWSPAPER FOR
DELIVERY TO A SUBSCRIBER; (E) PLASTIC BAGS SOLD IN BULK; (F) PLASTIC
BAGS PREPACKAGED FOR SALE TO A CUSTOMER INCLUDING, BUT NOT LIMITED TO, A
TRASH BAG AND A FOOD STORAGE BAG; (G) PLASTIC GARMENT BAGS; (H) PLASTIC
BAGS PROVIDED BY A RESTAURANT, TAVERN OR SIMILAR FOOD SERVICE ESTABLISH-
MENT, AS DEFINED IN THE STATE SANITARY CODE, TO CARRY OUT OR DELIVER
FOOD; OR (I) ANY OTHER BAG EXEMPTED BY THE DEPARTMENT IN REGULATIONS.
§ 4. Section 27-2713 of the environmental conservation law, as amended
by chapter 481 of the laws of 2014, is amended to read as follows:
§ 27-2713. Preemption.
Jurisdiction in all matters pertaining to plastic bag [and], film
plastic recycling, AND FEES OR OTHER MEASURES ASSOCIATED WITH REDUCING
THE USE OF SINGLE USE BAGS is by this article vested exclusively in the
state. Any provision of any local law or ordinance, or any rule or regu-
lation promulgated thereto, governing the recycling of plastic bags and
film plastic AND FEES OR OTHER MEASURES ASSOCIATED WITH SINGLE USE BAGS
shall, upon the effective date of this title, be preempted. Provided
however, nothing in this section shall preclude a person from coordinat-
ing for recycling or reuse the collection of plastic bags or film plas-
tic AND PROVIDED FURTHER THAT NOTHING IN THIS SECTION SHALL PRECLUDE ANY
LOCAL LAW OR ORDINANCE, OR ANY RULE OR REGULATION PROMULGATED THERETO,
GOVERNING THE ESTABLISHMENT OF FEES ON PAPER CARRYOUT BAGS.
§ 5. This act shall take effect immediately.
PART I
Section 1. Paragraphs a and b of subdivision 1 of section 23-1101 of
the environmental conservation law, as added by chapter 722 of the laws
of 1977, are amended to read as follows:
a. The exploration, development and production of gas in state-owned
lands, except state park lands, THE MARINE AND COASTAL DISTRICT AS
S. 1508--A 27 A. 2008--A
DEFINED IN SECTION 13-0103 OF THIS CHAPTER, and the lands under the
waters of Lake Ontario or along its shoreline; and
b. The exploration, development and production of oil in state-owned
lands, except state park lands, THE MARINE AND COASTAL DISTRICT AS
DEFINED IN SECTION 13-0103 OF THIS CHAPTER, and the lands under the
waters of Lake Erie and Lake Ontario or along their shorelines.
§ 2. The environmental conservation law is amended by adding a new
section 23-1105 to read as follows:
§ 23-1105. PROHIBITION ON STATE AUTHORIZATIONS RELATED TO OIL AND
NATURAL GAS PRODUCTION IN FEDERAL WATERS.
1. NEITHER THE DEPARTMENT NOR THE OFFICE OF GENERAL SERVICES SHALL
ENTER INTO ANY NEW LEASE OR OTHER CONVEYANCE, OR LEASE MODIFICATION,
THAT AUTHORIZES OR ENABLES THE INSTALLATION OF PIPELINES OR SUPPORT
FACILITIES OR INFRASTRUCTURE DIRECTLY OR INDIRECTLY ASSOCIATED WITH
EXPLORATION, DEVELOPMENT OR PRODUCTION OF OIL OR NATURAL GAS LOCATED IN
THE NORTH ATLANTIC PLANNING AREA.
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
A. "DEVELOPMENT" MEANS THOSE ACTIVITIES TAKING PLACE FOLLOWING THE
DISCOVERY OF COMMERCIALLY PRODUCIBLE QUANTITIES OF OIL OR NATURAL GAS,
INCLUDING, PLATFORM CONSTRUCTION, PIPELINE CONSTRUCTION, AND OPERATION
OF ALL ONSHORE SUPPORT FACILITIES THAT ARE PERFORMED FOR THE PURPOSES OF
ULTIMATELY PRODUCING OIL OR NATURAL GAS.
B. "EXPLORATION" MEANS ANY ACTIVITY ASSOCIATED WITH THE SEARCH OF OIL
OR NATURAL GAS, INCLUDING GEOPHYSICAL TESTS OR THE DRILLING OF STRATI-
GRAPHIC WELLS.
C. "FEDERAL WATERS" MEANS THOSE WATERS AND SUBMERGED LANDS LYING
SEAWARD TO THE STATE WATERS OF NEW YORK THAT APPERTAIN TO THE UNITED
STATES AND ARE SUBJECT TO FEDERAL JURISDICTION AND CONTROL.
D. "NORTH ATLANTIC PLANNING AREA" MEANS AN AREA OF FEDERAL WATERS IN
THE OUTER CONTINENTAL SHELF TOTALING NINETY-TWO MILLION THREE HUNDRED
TWENTY THOUSAND ACRES ADJACENT TO THE COASTAL WATERS OF MAINE, NEW HAMP-
SHIRE, MASSACHUSETTS, RHODE ISLAND, CONNECTICUT, NEW YORK, AND NEW
JERSEY.
E. "PRODUCTION" MEANS THOSE ACTIVITIES THAT TAKE PLACE FOLLOWING THE
SUCCESSFUL COMPLETION OF A WELL OR FIELD NECESSARY FOR THE REMOVAL OF
OIL OR NATURAL GAS INCLUDING FIELD OPERATIONS, TRANSFER OF RESOURCES TO
SHORE, OPERATION, MONITORING, MAINTENANCE, AND WORKOVER DRILLING.
3. THE DEPARTMENT IS AUTHORIZED TO ESTABLISH SUCH RULES AND REGU-
LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT THIS SECTION.
§ 3. Section 80 of the transportation corporations law is amended to
read as follows:
§ 80. [Definition] DEFINITIONS. 1. A pipe line corporation is a
corporation organized to construct and operate for public use, wholly
within or partly without this state, except in the city of New York,
lines of pipe for conveying or transporting therein petroleum, gas,
liquids or any products or property, or, except in such city, to main-
tain and operate for public use for which such purposes lines of pipe
already constructed.
2. FOR THE PURPOSES OF THIS ARTICLE, THE TERMS "EXPLORATION", "DEVEL-
OPMENT", "PRODUCTION", "FEDERAL WATERS", AND "NORTH ATLANTIC PLANNING
AREA" SHALL BE DEFINED AS IN SECTION 23-1105 OF THE ENVIRONMENTAL
CONSERVATION LAW.
§ 4. Section 83 of the transportation corporations law is amended to
read as follows:
S. 1508--A 28 A. 2008--A
§ 83. Condemnation of real property. In case such corporation is
unable to agree for the purchase of any real property required for the
purposes of its incorporation, and its route in the county in which such
real property is situated has been finally located, it shall have the
right to acquire title thereto by condemnation, but such corporation
shall not locate its route or construct any line of pipe through or
under any building, dooryard, lawn, garden or orchard, except by the
consent of the owner thereof in writing duly acknowledged, nor through
any cemetery or burial ground, nor within one hundred feet of any build-
ing except where such line is authorized by public officers to be laid
across or upon any public highway, AND SHALL NOT INSTALL PIPELINES THAT
SUPPORT FACILITIES OR INFRASTRUCTURE ASSOCIATED WITH EXPLORATION, DEVEL-
OPMENT, OR PRODUCTION OF OIL OR NATURAL GAS IN FEDERAL WATERS LOCATED IN
THE NORTH ATLANTIC PLANNING AREA. No such corporation shall lay or
construct its line of pipe through or under a street in any city, unless
it shall first obtain the consent of a majority of the owners of proper-
ty abutting on that portion of the street in which its pipe line is to
be laid. Such pipe line shall be laid with reasonable care and prudence.
§ 5. Section 89 of the transportation corporations law, as amended by
chapter 60 of the laws of 1962, is amended to read as follows:
§ 89. Over state lands. The commissioner of general services shall
have power to grant to any pipe line corporation any lands belonging to
the people of this state which may be required for the purposes of its
incorporation on such terms as may be agreed, or such corporation may
acquire title thereto by condemnation, except THAT NO CORPORATION MAY
CONDEMN ANY LANDS FOR THE PURPOSES OF THE INSTALLATION OF PIPELINES OR
SUPPORT FACILITIES OR INFRASTRUCTURE ASSOCIATED WITH EXPLORATION, DEVEL-
OPMENT, OR PRODUCTION OF OIL OR NATURAL GAS IN THE NORTH ATLANTIC PLAN-
NING AREA, AND FURTHER EXCEPTING that no pipe line corporation may
condemn any canal lands abandoned pursuant to the provisions of article
four of the public lands law[, constituting chapter fifty of the laws of
nineteen hundred nine, as amended,] until after they have been sold and
conveyed in the manner provided by the public lands law. If any lands
owned by any county, city or town be required by such corporation for
such purposes, the county, city or town officers having charge of such
lands may grant them to the corporation upon terms and compensation
agreed upon.
§ 6. Section 70 of the navigation law is amended by adding a new
subdivision 3 to read as follows:
3. NO PETROLEUM-BEARING VESSEL TRANSPORTING CRUDE OIL PRODUCED IN THE
NORTH ATLANTIC PLANNING AREA MAY ENTER OR MOVE UPON THE NAVIGABLE WATERS
OF THE STATE OR ANY TIDEWATERS BORDERING ON OR LYING WITHIN THE BOUNDA-
RIES OF NASSAU AND SUFFOLK COUNTIES. FOR PURPOSES OF THIS SUBDIVISION,
"NORTH ATLANTIC PLANNING AREA" SHALL BE DEFINED AS IN SECTION 23-1105 OF
THE ENVIRONMENTAL CONSERVATION LAW.
§ 7. Section 174 of the navigation law is amended by adding a new
subdivision 12 to read as follows:
12. (A) THE DEPARTMENT IS PROHIBITED FROM ISSUING OR RENEWING ANY
LICENSE FOR ANY MAJOR FACILITY STORING OR TRANSFERRING PETROLEUM
PRODUCED IN THE NAVIGABLE WATERS OF THE STATE OR ANY TIDEWATERS BORDER-
ING ON AND LYING WITHIN THE BOUNDARIES OF NASSAU AND SUFFOLK COUNTIES.
(B) THE DEPARTMENT IS PROHIBITED FROM ISSUING OR RENEWING ANY LICENSE
FOR ANY MAJOR FACILITY INTENDED TO TRANSFER OR STORE CRUDE OIL FROM ANY
VESSEL WHICH HOLDS PETROLEUM TRANSPORTED DIRECTLY FROM ANY PIPELINE,
SUPPORT FACILITY, OR INFRASTRUCTURE ASSOCIATED WITH THE PRODUCTION OF
CRUDE OIL FROM THE NORTH ATLANTIC PLANNING AREA. FOR PURPOSES OF THIS
S. 1508--A 29 A. 2008--A
SUBDIVISION, "DEVELOPMENT", "FEDERAL WATERS", "NORTH ATLANTIC PLANNING
AREA" AND "PRODUCTION" SHALL BE DEFINED AS IN SECTION 23-1105 OF THE
ENVIRONMENTAL CONSERVATION LAW.
§ 8. Severability clause. If any clause, sentence, paragraph, subdi-
vision, 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
judgement shall have been rendered. It is hereby declared to be in the
intent of the legislature that this act would have been enacted even if
such invalid provisions had not been included herein.
§ 9. This act shall take effect immediately.
PART J
Section 1. Subdivisions 4 and 5 of section 24-0301 of the environ-
mental conservation law, as amended by chapter 16 of the laws of 2010,
are amended to read as follows:
4. Upon completion of the tentative freshwater wetlands map for a
particular area, the commissioner or his OR HER designated hearing offi-
cer shall hold a public hearing in that area in order to afford an
opportunity for any person to propose additions or deletions from such
map. The commissioner shall give notice of such hearing to each owner of
record as shown on the latest completed tax assessment rolls, of lands
designated as such wetlands as shown on said map and also to the chief
administrative officer and clerk of each local government within the
boundaries of which any such wetland or a portion thereof is located
and, in the case of a tentative freshwater wetlands map for any area
within the Adirondack park, to the Adirondack park agency, [by certified
mail] not less than thirty days prior to the date set for such hearing
and shall assure that a copy of the relevant map is available for public
inspection at a convenient location in such local government. The map
filed with a local government may, at the local government's request, be
either a physical copy of the tentative freshwater wetlands map, or, if
available, a digital file that represents it. 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 two newspapers having general circulation in
the area where such wetlands are located. The commissioner may post on
the department's website a digital image that represents the tentative
freshwater wetlands map.
5. After considering the testimony given at such hearing and any other
facts which may be deemed pertinent, after considering the rights of
affected property owners and the ecological balance in accordance with
the policy and purposes of this article, and, in the case of wetlands or
portions thereof within the Adirondack park, after consulting with the
Adirondack park agency, the commissioner shall promulgate by order the
final freshwater wetlands map. Such order shall not be promulgated less
than sixty days from the date of the hearing required by subdivision
four of this section. A copy of the order, together with a copy of such
map or relevant portion thereof shall be filed in the office of the
clerk of each local government in which each such wetland or a portion
thereof is located and, in the case of a map for any area within the
Adirondack park, with the Adirondack park agency. The map filed with a
local government may, at the local government's request, be either a
S. 1508--A 30 A. 2008--A
physical copy of the final freshwater wetlands map, or, if available, a
digital file that represents it. The commissioner shall simultaneously
give notice of such order to each owner of lands, as shown on the latest
completed tax assessment rolls, designated as such wetlands by mailing a
copy of such order to such owner [by certified mail in any case where a
notice by certified mail was not sent pursuant to subdivision four of
this section, and in all other cases by first class mail]. The commis-
sioner shall also give notice of such order at such time to the chief
administrative officer of each local government within the boundaries of
which any such wetland or a portion thereof is located. At the time of
filing with such clerk or clerks, the commissioner shall also cause a
copy of such order to be published in at least two newspapers having
general circulation in the area where such wetlands are located. The
commissioner may post on the department's website a digital image that
represents the final freshwater wetlands map.
§ 2. Subdivisions 3 and 4 of section 25-0201 of the environmental
conservation law, as amended by chapter 598 of the laws of 1976, are
amended to read as follows:
3. Upon completion of a tentative tidal wetlands boundary map for a
particular area, the commissioner or his OR HER designated hearing offi-
cer shall hold a public hearing in order to afford an opportunity for
any person to propose additions or deletions from such map. The commis-
sioner shall give notice of such hearing to each owner of record of all
lands designated as such wetland as shown on such maps, and also to the
chief administrative officer of each municipality within whose boundary
any such wetland or portion thereof is located[, by certified mail,
return receipt requested,] not less than thirty days prior to the date
set for such hearing. The commissioner shall also cause notice of such
hearing to be published [at least once], not [more than thirty days nor]
fewer than [ten] THIRTY days before the date set for such hearing, in at
least two newspapers having a general circulation in the area where such
wetlands are located.
4. After considering the testimony given at such hearing and any other
facts which may be deemed pertinent and after considering the rights of
affected property owners and the policy and purposes of this act, the
commissioner shall establish by order the final bounds of each such
wetland. A copy of the order, together with a copy of the map depicting
such final boundary lines, shall be filed in the office of the clerk of
the county in which each such wetland is located. The commissioner shall
simultaneously give notice of such order to each owner of all lands
designated as such wetlands by mailing a copy of such order to such
owner. The commissioner shall also simultaneously give notice of such
order [by certified mail] to the chief administrative officer of each
municipality within whose boundary any such wetland or portion thereof
is located. The commissioner shall also cause a copy of such order to be
published in at least two newspapers having a general circulation in the
area where such wetlands are located.
§ 3. This act shall take effect immediately.
PART K
Section 1. Legislative intent. The legislature hereby finds that
consumers in the state do not have ready access to information about the
products they may use and the product ingredients they may be exposed to
every day. While the state has taken steps to ban certain product ingre-
dients known to be harmful to human health and the environment, more
S. 1508--A 31 A. 2008--A
must be done to give consumers real time access to product ingredient
information so consumers can make informed decisions about which
products to buy and use. Specifically, consumers should have the right
to know if a product contains a carcinogen, mutagen or endocrine disrup-
tors and other chemicals of concern, the state, as trustee of its
natural resources should have the means to identify substances which may
be discharged to the environment.
§ 2. Subdivision 1 of section 35-0103 of the environmental conserva-
tion law is amended to read as follows:
1. "[Household cleansing] CLEANSING product" means any product,
including but not limited to soaps and detergents, containing a surfac-
tant as a wetting or dirt emulsifying agent and used primarily for
domestic [or], commercial, OR INDUSTRIAL cleaning purposes, including
but not limited to, the cleansing of fabrics, dishes, food utensils and
household and commercial premises. [Household cleansing] CLEANSING prod-
uct shall not mean foods, drugs, cosmetics, insecticides, fungicides and
rodenticides or cleansing products used primarily in industrial manufac-
turing, production and assembling processes as provided by the commis-
sioner by rule and regulation.
§ 3. Section 35-0107 of the environmental conservation law is amended
to read as follows:
§ 35-0107. Powers and duties of commissioner.
1. The commissioner is hereby authorized to promulgate regulations
requiring manufacturers of [household] cleansing products distributed,
sold or offered for sale in this state, to furnish to the commissioner
for the public record as herein provided information regarding such
products in a form prescribed by the commissioner including the nature
and extent of investigations and research performed by the manufacturer
concerning the effects of such products on human health and the environ-
ment. These reports shall be available to the public at the department
of environmental conservation, except those portions the manufacturer
determines, subject to the approval of the commissioner, would be, if
disclosed, seriously prejudicial to the manufacturer's legitimate inter-
est in trade secrets and economics of operation.
2. [No later than February 1, 1973 the commissioner shall prepare and
submit a comprehensive report to the governor and legislature on the
status of progress made in research and development to provide a safe
and effective substitute for phosphates in household cleansing products.
3.] Whenever the commissioner finds, after investigation, that any
ingredient of [household] cleansing products distributed, sold, offered
or exposed for sale in this state, other than an ingredient for which
limitations are set forth in subdivision 2 of section 35-0105, will or
is likely to materially affect adversely human health or the environ-
ment, he may, after public hearing, restrict or limit by regulation the
use of such ingredient in such products.
§ 4. Article 37 of the environmental conservation law is amended by
adding a new title 9 to read as follows:
TITLE 9
CONSUMER PRODUCT DISCLOSURE
SECTION 37-0901. SHORT TITLE.
37-0903. DEFINITIONS.
37-0905. PRODUCT LABELING.
37-0907. CHEMICAL DISCLOSURE.
37-0909. PUBLIC EDUCATION.
37-0911. RULES AND REGULATIONS.
37-0913. ENFORCEMENT.
S. 1508--A 32 A. 2008--A
37-0915. SEVERABILITY.
§ 37-0901. SHORT TITLE.
THIS TITLE SHALL BE KNOWN AND MAY BE CITED AS THE "CONSUMER CHEMICAL
AWARENESS ACT".
§ 37-0903. DEFINITIONS.
AS USED IN THIS TITLE, THE FOLLOWING TERMS SHALL MEAN:
1. "CONSUMER PRODUCT" MEANS ANY PRODUCT SOLD OR OFFERED IN THE STATE,
INCLUDING BUT NOT LIMITED TO (A) CLEANSING PRODUCTS AS DEFINED BY
SECTION 35-0103 OF THIS CHAPTER; (B) ANY PRODUCT INTENDED FOR USE, OR
THAT MAY BE REASONABLY EXPECTED TO BE USED, BY CHILDREN; (C) ANY OTHER
SUCH PRODUCT THAT COULD, THROUGH NORMAL USE, EXPOSE THE USER TO ANY
CARCINOGEN, MUTAGEN, ENDOCRINE DISRUPTOR OR OTHER CHEMICALS OF CONCERN
IDENTIFIED BY THE DEPARTMENT.
2. "MANUFACTURER" MEANS ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP,
LIMITED LIABILITY COMPANY, CORPORATION, GOVERNMENTAL ENTITY, ORGANIZA-
TION, COMBINATION OR JOINT VENTURE WHICH IS THE LAST ENTITY TO PRODUCE
OR ASSEMBLE A CONSUMER PRODUCT OR, IN THE CASE OF AN IMPORTED CONSUMER
PRODUCT, THE IMPORTER OR DOMESTIC DISTRIBUTOR OF SUCH PRODUCT.
3. "RETAILER" MEANS ANY PERSON, FIRM, ASSOCIATION, PARTNERSHIP, LIMIT-
ED LIABILITY COMPANY, CORPORATION, GOVERNMENTAL ENTITY, ORGANIZATION,
COMBINATION OR JOINT VENTURE WHICH SELLS OR OTHERWISE DISTRIBUTES
CONSUMER PRODUCTS TO CONSUMERS OR TO ANY OTHER PERSON FOR ANY OTHER
PURPOSE OTHER THAN RESALE.
§ 37-0905. PRODUCT LABELING.
EXCEPT WHERE PROHIBITED BY FEDERAL LAW, THE DEPARTMENT, IN CONSULTA-
TION WITH THE DEPARTMENT OF HEALTH AND DEPARTMENT OF STATE, IS HEREBY
AUTHORIZED TO ESTABLISH STANDARDS GOVERNING THE LABELING OF CONSUMER
PRODUCTS IDENTIFIED BY THE DEPARTMENT IN REGULATIONS WHICH INFORMS
CONSUMERS OF THE INGREDIENTS OF SUCH PRODUCTS INCLUDING ANY CARCINOGEN,
MUTAGEN, ENDOCRINE DISRUPTER OR OTHER CHEMICALS OF CONCERN IDENTIFIED BY
THE DEPARTMENT.
§ 37-0907. CHEMICAL DISCLOSURE.
THE COMMISSIONER IS HEREBY AUTHORIZED TO REQUIRE MANUFACTURERS OF
CONSUMER PRODUCTS DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS STATE,
TO FURNISH TO THE COMMISSIONER FOR THE PUBLIC RECORD AS HEREIN PROVIDED
INFORMATION REGARDING SUCH PRODUCTS IN A FORM PRESCRIBED BY THE COMMIS-
SIONER INCLUDING THE NATURE AND EXTENT OF INVESTIGATIONS AND RESEARCH
PERFORMED BY THE MANUFACTURER CONCERNING THE EFFECTS OF SUCH PRODUCTS ON
HUMAN HEALTH AND THE ENVIRONMENT. THESE REPORTS SHALL BE AVAILABLE TO
THE PUBLIC AT THE DEPARTMENT, EXCEPT THOSE PORTIONS THE MANUFACTURER
DETERMINES, SUBJECT TO THE APPROVAL OF THE COMMISSIONER, WOULD BE, IF
DISCLOSED, SERIOUSLY PREJUDICIAL TO THE MANUFACTURER'S LEGITIMATE INTER-
EST IN TRADE SECRETS AND ECONOMICS OF OPERATION.
§ 37-0909. PUBLIC EDUCATION.
THE COMMISSIONER SHALL ESTABLISH A PUBLIC EDUCATION PROGRAM TO DISSEM-
INATE INFORMATION REGARDING IMPLEMENTATION OF THIS TITLE. SUCH INFORMA-
TION MAY INCLUDE, BUT NOT BE LIMITED TO, PUBLICATION OF THE WEBSITE
MAINTAINED BY THE STATE WHERE INFORMATION REQUIRED TO BE DISCLOSED
PURSUANT TO THIS TITLE IS MAINTAINED; PUBLICATION OF A MANUFACTURER'S
WEBSITE WHERE DISCLOSURE PURSUANT TO THIS TITLE IS EFFECTUATED; AND,
REQUIREMENTS FOR RETAILERS TO POST INFORMATION IN A CONSPICUOUS LOCATION
FOR THE BENEFIT OF CONSUMERS.
§ 37-0911. RULES AND REGULATIONS.
1. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE SUCH RULES AND REGU-
LATIONS AS IT SHALL DEEM NECESSARY TO IMPLEMENT PROVISIONS OF THIS
TITLE, AND SHALL DESIGNATE IN SUCH RULES SPECIFIC CONSUMER PRODUCTS AND
S. 1508--A 33 A. 2008--A
CHEMICALS OF CONCERN THAT TRIGGER THE LABELING AND DISCLOSURE REQUIRE-
MENTS OF THIS TITLE TAKING INTO ACCOUNT FACTORS SUCH AS LEVELS OF EXPO-
SURE AND THE FEASIBILITY OF REQUIRING LABELING FOR SUCH PRODUCTS.
2. ANY REGULATIONS PROMULGATED PURSUANT TO SECTION 37-0905 OF THIS
TITLE SHALL SPECIFY THE CONTENT OF SUCH LABEL AND SHALL AT A MINIMUM,
DIRECT CONSUMERS TO WHERE THEY CAN FIND ADDITIONAL INFORMATION ABOUT THE
PRODUCT AND ITS INGREDIENTS.
§ 37-0913. ENFORCEMENT.
1. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY THIS TITLE OR ANY RULE OR REGULATION PROMUL-
GATED PURSUANT HERETO, SHALL BE LIABLE FOR A CIVIL PENALTY NOT TO EXCEED
TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION AND AN ADDI-
TIONAL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR EACH DAY DURING
WHICH SUCH VIOLATION CONTINUES.
§ 37-0915. 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.
§ 5. The public health law is amended by adding a new article 48-A to
read as follows:
ARTICLE 48-A
REGULATION OF PERSONAL CARE PRODUCTS
SECTION 4850. DECLARATION OF LEGISLATIVE INTENT AND FINDINGS.
4851. DEFINITIONS.
4852. DISCLOSURE.
4853. PENALTIES.
4854. SEVERABILITY.
§ 4850. DECLARATION OF LEGISLATIVE INTENT AND FINDINGS. THERE ARE
TENS OF THOUSANDS OF CHEMICALS USED COMMERCIALLY IN THE UNITED STATES,
AND EACH YEAR APPROXIMATELY 1,000 CHEMICALS ARE ADDED FOR COMMERCIAL
USE. THE MAJORITY OF CHEMICALS IN COMMERCIAL USE IN THE UNITED STATES,
INCLUDING THOSE USED AS INGREDIENTS IN PERSONAL CARE PRODUCTS, HAVE
NEVER BEEN FULLY TESTED FOR POTENTIAL IMPACTS ON HUMAN HEALTH OR THE
ENVIRONMENT.
SOME CHEMICALS USED IN PERSONAL CARE PRODUCTS HAVE BEEN IDENTIFIED
THROUGH SCIENTIFIC STUDIES AS BEING POTENTIAL CARCINOGENS, REPRODUCTIVE
OR DEVELOPMENTAL TOXICANTS, OR ENDOCRINE DISRUPTORS. SOME HAVE ALSO BEEN
FOUND THROUGH BIOMONITORING STUDIES TO BE PRESENT IN HUMAN BLOOD, BREAST
MILK, OR URINE. THESE FINDINGS HAVE LED NATIONAL AND INTERNATIONAL AGEN-
CIES TO DEVELOP LISTS OF CHEMICALS OF CONCERN BASED ON THE CHEMICALS'
POTENTIAL TO IMPACT HUMAN HEALTH, AND THEIR PRESENCE IN PRODUCTS THAT
CONSUMERS USE EVERYDAY.
FEDERAL LAW REQUIRES PERSONAL CARE PRODUCT LABELS TO LIST INGREDIENTS.
HOWEVER, INFORMATION CONCERNING THE POTENTIAL HEALTH EFFECTS OF EXPOSURE
TO THESE CHEMICAL INGREDIENTS IS NOT WIDELY AVAILABLE, CHEMICALS USED AS
FRAGRANCES OR FLAVORING ARE EXEMPT FROM LABELLING REQUIREMENTS, AND
PERSONAL CARE PRODUCTS SOLD FOR COMMERCIAL USE ARE NOT REQUIRED TO CARRY
ANY INGREDIENT LABELLING. AT PRESENT, THE ONLY WAY TO IDENTIFY A PRODUCT
AS CONTAINING A CHEMICAL OF CONCERN IS TO COMPARE LABELED PRODUCT INGRE-
DIENTS WITH CHEMICAL LISTS DEVELOPED BY MANY DIFFERENT AGENCIES.
FURTHERMORE, INDEPENDENT TESTING AND LABORATORY ANALYSES BY OTHER
STATES HAVE IDENTIFIED PRODUCTS THAT CONTAIN SUBSTANCES THAT COULD
POTENTIALLY CAUSE HARMFUL HEALTH EFFECTS BUT THAT ARE NOT IDENTIFIED AS
AN INGREDIENT ON THE PRODUCT'S LABEL. NEVERTHELESS, UNDER THE FEDERAL
FOOD, DRUG AND COSMETIC ACT (21 U.S.C. SEC. 301 ET SEQ.), MANY PERSONAL
S. 1508--A 34 A. 2008--A
CARE PRODUCTS AND THEIR INGREDIENTS ARE NOT SUBJECT TO PREMARKET SAFETY
TESTING, REVIEW, OR APPROVAL BEFORE THEY ARE SOLD TO THE PUBLIC.
THEREFORE, THE LEGISLATURE HEREBY FINDS AND DECLARES THAT THE DISCLO-
SURES REQUIRED UNDER FEDERAL LAW OF INGREDIENTS CONTAINED IN PERSONAL
CARE PRODUCTS FAIL TO ADEQUATELY EDUCATE AND PROTECT CONSUMERS. IN
ORDER TO EMPOWER CONSUMERS WITH THE INFORMATION NEEDED TO MAKE WELL-IN-
FORMED DECISIONS REGARDING PRODUCTS THAT THEIR FAMILIES ARE EXPOSED TO
DAILY, IT SHALL BE THE POLICY OF THE STATE TO REQUIRE THE PERSONAL CARE
PRODUCT INDUSTRY TO MORE FULLY DISCLOSE THE INGREDIENTS THEY USE AND,
WHERE APPLICABLE, IDENTIFY INGREDIENTS THAT HAVE BEEN PUBLISHED AS A
CHEMICAL OF CONCERN ON ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER.
THIS WILL BENEFIT CONSUMERS, ENCOURAGE MANUFACTURERS TO REMOVE POTEN-
TIALLY HARMFUL CHEMICALS FROM THEIR PRODUCTS, AND ENCOURAGE DEVELOPMENT
OF INNOVATIVE METHODS INCLUDING GREEN CHEMISTRY TO REPLACE THESE INGRE-
DIENTS WITH MORE ENVIRONMENTALLY-PREFERABLE ALTERNATIVES.
§ 4851. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS THE CONTEXT
REQUIRES OTHERWISE:
1. "INGREDIENT" SHALL MEAN ALL OF THE FOLLOWING:
(A) AN INTENTIONALLY ADDED INGREDIENT PRESENT IN ANY QUANTITY IN THE
PERSONAL CARE PRODUCT;
(B) A NONFUNCTIONAL BYPRODUCT OR NONFUNCTIONAL CONTAMINANT, PRESENT IN
A PERSONAL CARE PRODUCT IN ANY QUANTITY EXCEEDING ONE-HALF OF ONE
PERCENT (0.5%) OF THE CONTENT OF THE PRODUCT BY WEIGHT OR OTHER AMOUNT
DETERMINED BY THE COMMISSIONER;
(C) A NONFUNCTIONAL BYPRODUCT PRESENT IN A PERSONAL CARE PRODUCT IN
ANY QUANTITY NOT EXCEEDING ONE-HALF OF ONE PERCENT (0.5%) OF THE CONTENT
OF THE PRODUCT BY WEIGHT, PROVIDED SUCH ELEMENT OR COMPOUND HAS BEEN
PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE LISTS IDENTIFIED BY
THE COMMISSIONER;
(D) A NONFUNCTIONAL CONTAMINANT PRESENT IN A PERSONAL CARE PRODUCT IN
A QUANTITY DETERMINED BY THE COMMISSIONER AND NOT EXCEEDING ONE-HALF OF
ONE PERCENT (0.5%) OF THE CONTENT OF THE PRODUCT BY WEIGHT, PROVIDED
SUCH ELEMENT OR COMPOUND HAS BEEN PUBLISHED AS A CHEMICAL OF CONCERN ON
ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER.
2. "INTENTIONALLY ADDED INGREDIENT" SHALL MEAN ANY ELEMENT OR COMPOUND
THAT A MANUFACTURER HAS INTENTIONALLY ADDED TO A PERSONAL CARE PRODUCT,
AND WHICH HAS A FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT,
INCLUDING, BUT NOT LIMITED TO, THE COMPONENTS OF INTENTIONALLY ADDED
FRAGRANCE, FLAVORING AND COLORANTS, AND THE INTENTIONAL BREAKDOWN
PRODUCTS OF AN ADDED ELEMENT OR COMPOUND THAT ALSO HAVE A FUNCTIONAL OR
TECHNICAL EFFECT ON THE FINISHED PRODUCT.
3. "NONFUNCTIONAL BYPRODUCT" SHALL MEAN ANY ELEMENT OR COMPOUND WHICH
HAS NO FUNCTIONAL OR TECHNICAL EFFECT IN THE FINISHED PRODUCT WHICH (A)
WAS INTENTIONALLY ADDED DURING THE MANUFACTURING PROCESS FOR A PERSONAL
CARE PRODUCT AT ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S OR INGREDI-
ENT'S SUPPLY CHAIN OR (B) WAS CREATED FOR FORMED DURING THE MANUFACTUR-
ING PROCESS AS AN INTENTIONAL OR UNINTENTIONAL CONSEQUENCE OF THE MANU-
FACTURING PROCESS AT ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR AN
INGREDIENT'S SUPPLY CHAIN. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, AN
UNREACTED RAW MATERIAL, A BREAKDOWN PRODUCT OF AN INTENTIONALLY ADDED
INGREDIENT, OR A BYPRODUCT OF THE MANUFACTURING PROCESS.
4. "NONFUNCTIONAL CONTAMINANT" SHALL MEAN ANY ELEMENT OR COMPOUND
PRESENT IN A PERSONAL CARE PRODUCT AS AN UNINTENTIONAL CONSEQUENCE OF
MANUFACTURING WHICH HAS NO FUNCTIONAL OR TECHNICAL EFFECT IN THE
FINISHED PRODUCT. NONFUNCTIONAL CONTAMINANTS INCLUDE, BUT ARE NOT LIMIT-
ED TO, ELEMENTS OR COMPOUNDS PRESENT IN THE ENVIRONMENT AS CONTAMINANTS
S. 1508--A 35 A. 2008--A
WHICH WERE INTRODUCED INTO A PRODUCT, A RAW MATERIAL, OR A PRODUCT
INGREDIENT AS A RESULT OF THE USE OF AN ENVIRONMENTAL MEDIUM, SUCH AS A
NATURALLY OCCURRING MINERAL, AIR, SOIL OR WATER, IN THE MANUFACTURING
PROCESS AT ANY POINT IN A PRODUCT'S, A RAW MATERIAL'S, OR AN INGREDI-
ENT'S SUPPLY CHAIN.
5. "MANUFACTURER" SHALL MEAN ANY PERSON, FIRM, ASSOCIATION, PARTNER-
SHIP, LIMITED LIABILITY COMPANY, OR CORPORATION WHICH PRODUCES,
PREPARES, FORMULATES, OR COMPOUNDS A PERSONAL CARE PRODUCT, OR WHOSE
BRAND NAME IS AFFIXED TO SUCH PRODUCT. IN THE CASE OF A PERSONAL CARE
PRODUCT IMPORTED INTO THE UNITED STATES, "MANUFACTURER" SHALL MEAN THE
IMPORTER OR FIRST DOMESTIC DISTRIBUTOR OF THE PRODUCT IF THE ENTITY THAT
MANUFACTURES THE PRODUCT OR WHOSE BRAND NAME IS AFFIXED TO THE PRODUCT
DOES NOT HAVE A PRESENCE IN THE UNITED STATES.
6. "PERSONAL CARE PRODUCT" SHALL MEAN ARTICLES INTENDED TO BE RUBBED,
POURED, SPRINKLED, OR SPRAYED ON, INTRODUCED INTO, OR OTHERWISE APPLIED
TO THE HUMAN BODY OR ANY PART THEREOF FOR CLEANSING, BEAUTIFYING,
PROMOTING ATTRACTIVENESS, OR ALTERING THE APPEARANCE, AND ARTICLES
INTENDED FOR USE AS A COMPONENT OF ANY SUCH ARTICLES; EXCEPT THAT SUCH
TERM SHALL NOT INCLUDE SOAP.
7. "SOAP" SHALL MEAN ARTICLES COMPRISED ENTIRELY OF AN ALKALI SALT OF
FATTY ACIDS WHERE THE DETERGENT PROPERTIES OF THE ARTICLE ARE DUE TO THE
ALKALI-FATTY ACID COMPOUNDS, AND THE ARTICLE SHALL BE LABELED, SOLD, AND
REPRESENTED ONLY AS A SOAP.
§ 4852. DISCLOSURE. 1. MANUFACTURERS OF PERSONAL CARE PRODUCTS
DISTRIBUTED, SOLD OR OFFERED FOR SALE IN THIS STATE, WHETHER AT RETAIL
OR WHOLESALE, FOR PERSONAL OR COMMERCIAL USE, OR DISTRIBUTED FOR PROMO-
TIONAL PURPOSES, SHALL FURNISH TO THE COMMISSIONER FOR PUBLIC RECORD AND
POST ON THE MANUFACTURER'S WEBSITE, IN A MANNER PRESCRIBED BY THE
COMMISSIONER THAT IS READILY ACCESSIBLE TO THE PUBLIC AND MACHINE READ-
ABLE, SUCH INFORMATION REGARDING SUCH PRODUCTS PURSUANT TO RULES AND
REGULATIONS PROMULGATED BY THE COMMISSIONER. FOR EACH PERSONAL CARE
PRODUCT, SUCH INFORMATION SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO:
(A) A LIST NAMING EACH INGREDIENT, AS DEFINED IN SUBDIVISION ONE OF
SECTION FORTY-EIGHT HUNDRED FIFTY-ONE OF THIS ARTICLE, OF THE PRODUCT IN
DESCENDING ORDER OF PREDOMINANCE BY WEIGHT IN THE PRODUCT, EXCEPT THAT
INGREDIENTS PRESENT AT A WEIGHT BELOW ONE PERCENT (1%) MAY BE LISTED
FOLLOWING OTHER INGREDIENTS WITHOUT RESPECT TO THE ORDER OF PREDOMINANCE
BY WEIGHT;
(B) THE NATURE AND EXTENT OF INVESTIGATIONS AND RESEARCH PERFORMED BY
OR FOR THE MANUFACTURER CONCERNING THE EFFECTS ON HUMAN HEALTH AND THE
ENVIRONMENT OF SUCH PRODUCT OR SUCH INGREDIENTS; AND
(C) WHERE APPLICABLE, A STATEMENT DISCLOSING THAT AN INGREDIENT IS
PUBLISHED AS A CHEMICAL OF CONCERN ON ONE OR MORE LISTS IDENTIFIED BY
THE COMMISSIONER.
2. SUCH MANUFACTURERS SHALL FURNISH INFORMATION ON OR BEFORE JULY
FIRST, TWO THOUSAND TWENTY AND EVERY TWO YEARS THEREAFTER. IN ADDITION,
SUCH MANUFACTURERS SHALL FURNISH SUCH INFORMATION PRIOR TO THE SALE OF
ANY NEW PERSONAL CARE PRODUCT, WHEN THE FORMULATION OF A CURRENTLY
DISCLOSED PRODUCT IS CHANGED SUCH THAT THE PREDOMINANCE OF THE INGREDI-
ENTS IN SUCH PRODUCT IS CHANGED, WHEN ANY LIST OF CHEMICALS OF CONCERN
IDENTIFIED BY THE COMMISSIONER PURSUANT TO THIS ARTICLE IS CHANGED TO
INCLUDE AN INGREDIENT PRESENT IN A PERSONAL CARE PRODUCT SUBJECT TO THIS
ARTICLE, OR AT SUCH OTHER TIMES AS MAY BE REQUIRED BY THE COMMISSIONER.
3. SUCH INFORMATION SHALL BE MADE AVAILABLE TO THE PUBLIC BY THE
COMMISSIONER AND MANUFACTURER, IN ACCORDANCE WITH THIS SECTION, WITH THE
EXCEPTION OF THOSE PORTIONS WHICH THE MANUFACTURER DETERMINES, SUBJECT
S. 1508--A 36 A. 2008--A
TO THE APPROVAL OF THE COMMISSIONER, IS RELATED TO A PROPRIETARY PROCESS
THE DISCLOSURE OF WHICH WOULD COMPROMISE THE MANUFACTURER'S COMPETITIVE
POSITION. THE COMMISSIONER SHALL NOT APPROVE ANY EXCEPTIONS UNDER THIS
SUBDIVISION WITH RESPECT TO ANY INGREDIENT PUBLISHED AS A CHEMICAL OF
CONCERN ON ONE OR MORE LISTS IDENTIFIED BY THE COMMISSIONER.
§ 4853. PENALTIES. A MANUFACTURER IN VIOLATION OF THIS ARTICLE IS
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS FOR EACH
VIOLATION IN THE CASE OF A FIRST OFFENSE. MANUFACTURERS WHO ARE REPEAT
VIOLATORS ARE SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
DOLLARS FOR EACH REPEAT OFFENSE.
§ 4854. SEVERABILITY. THE PROVISIONS OF THIS ARTICLE SHALL BE SEVERA-
BLE AND IF ANY PHRASE, CLAUSE, SENTENCE OR PROVISION OF THIS ARTICLE, OR
THE APPLICABILITY THEREOF TO ANY PERSON OR CIRCUMSTANCE SHALL BE HELD
INVALID, THE REMAINDER OF THIS ARTICLE AND THE APPLICATION THEREOF SHALL
NOT BE AFFECTED THEREBY.
§ 6. This act shall take effect on the sixtieth day after it shall
have become a law, provided, however, that any rule or regulation
promulgated pursuant to this act shall not take effect prior to April 1,
2021; provided, however, that section five of this act shall take effect
on January 1, 2020, provided that, effective immediately, the commis-
sioner of health shall be authorized to promulgate any and all rules and
regulations necessary to implement the provisions of section five on its
effective date.
PART L
Section 1. The banking law is amended by adding a new article 14-A to
read as follows:
ARTICLE 14-A
STUDENT LOAN SERVICERS
SECTION 710. DEFINITIONS.
711. LICENSING.
712. APPLICATION FOR A STUDENT LOAN SERVICER LICENSE; FEES.
713. APPLICATION PROCESS TO RECEIVE LICENSE TO ENGAGE IN THE
BUSINESS OF STUDENT LOAN SERVICING.
714. CHANGES IN OFFICERS AND DIRECTORS.
715. CHANGES IN CONTROL.
716. GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE.
717. BOOKS AND RECORDS; REPORTS AND ELECTRONIC FILING.
718. RULES AND REGULATIONS.
719. PROHIBITED PRACTICES.
720. SERVICING STUDENT LOANS WITHOUT A LICENSE.
721. RESPONSIBILITIES.
722. EXAMINATIONS.
723. PENALTIES FOR VIOLATIONS OF THIS ARTICLE.
724. SEVERABILITY OF PROVISIONS.
725. COMPLIANCE WITH OTHER LAWS.
§ 710. DEFINITIONS. 1. "APPLICANT" SHALL MEAN ANY PERSON APPLYING FOR
A LICENSE UNDER THIS ARTICLE.
2. "BORROWER" SHALL MEAN 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.
3. "BORROWER BENEFIT" SHALL MEAN AN INCENTIVE OFFERED TO A BORROWER IN
CONNECTION WITH THE ORIGINATION OF A STUDENT LOAN, INCLUDING BUT NOT
S. 1508--A 37 A. 2008--A
LIMITED TO AN INTEREST RATE REDUCTION, PRINCIPAL REBATE, FEE WAIVER OR
REBATE, LOAN CANCELLATION, OR COSIGNER RELEASE.
4. "EXEMPT ORGANIZATION" SHALL MEAN ANY BANKING ORGANIZATION, FOREIGN
BANKING CORPORATION, NATIONAL BANK, FEDERAL SAVINGS ASSOCIATION, FEDERAL
CREDIT UNION, OR ANY BANK, TRUST COMPANY, SAVINGS BANK, SAVINGS AND LOAN
ASSOCIATION, OR CREDIT UNION ORGANIZED UNDER THE LAWS OF ANY OTHER
STATE, OR ANY PERSON LICENSED OR SUPERVISED BY THE DEPARTMENT AND
EXEMPTED BY THE SUPERINTENDENT PURSUANT TO REGULATIONS PROMULGATED IN
ACCORDANCE WITH THIS ARTICLE.
5. "PERSON" SHALL MEAN ANY INDIVIDUAL, ASSOCIATION, CORPORATION,
LIMITED LIABILITY COMPANY, PARTNERSHIP, TRUST, UNINCORPORATED ORGANIZA-
TION, GOVERNMENT, AND ANY OTHER ENTITY.
6. "SERVICER" OR "STUDENT LOAN SERVICER" SHALL MEAN A PERSON ENGAGED
IN THE BUSINESS OF SERVICING STUDENT LOANS OWED BY ONE OR MORE BORROWERS
RESIDING IN THIS STATE.
7. "SERVICING" SHALL MEAN:
(A) RECEIVING ANY PAYMENT FROM A BORROWER PURSUANT TO THE TERMS OF ANY
STUDENT LOAN;
(B) APPLYING ANY PAYMENT TO THE BORROWER'S ACCOUNT PURSUANT TO THE
TERMS OF A STUDENT LOAN OR THE CONTRACT GOVERNING THE SERVICING OF ANY
SUCH LOANS;
(C) PROVIDING ANY NOTIFICATION OF AMOUNTS OWED ON A STUDENT LOAN BY OR
ON ACCOUNT OF ANY BORROWER;
(D) DURING A PERIOD WHERE A BORROWER IS NOT REQUIRED TO MAKE A PAYMENT
ON A STUDENT LOAN, MAINTAINING ACCOUNT RECORDS FOR THE STUDENT LOAN AND
COMMUNICATING WITH THE BORROWER REGARDING THE STUDENT LOAN ON BEHALF OF
THE OWNER OF THE STUDENT LOAN PROMISSORY NOTE;
(E) INTERACTING WITH A BORROWER WITH RESPECT TO OR REGARDING ANY
ATTEMPT TO AVOID DEFAULT ON THE BORROWER'S STUDENT LOAN, OR FACILITATING
THE ACTIVITIES DESCRIBED IN PARAGRAPH (A) OR (B) OF THIS SUBDIVISION; OR
(F) PERFORMING OTHER ADMINISTRATIVE SERVICES WITH RESPECT TO A BORROW-
ER'S STUDENT LOAN.
8. "STUDENT LOAN" SHALL MEAN ANY LOAN TO A BORROWER TO FINANCE POSTSE-
CONDARY EDUCATION OR EXPENSES RELATED TO POSTSECONDARY EDUCATION.
9. "FEDERAL STUDENT LOAN" MEANS (A) ANY STUDENT LOAN ISSUED PURSUANT
TO THE WILLIAM D. FORD FEDERAL DIRECT LOAN PROGRAM; (B) ANY STUDENT LOAN
ISSUED PURSUANT TO THE FEDERAL FAMILY EDUCATION LOAN PROGRAM, WHICH WAS
PURCHASED BY THE GOVERNMENT OF THE UNITED STATES PURSUANT TO THE FEDERAL
ENSURING CONTINUED ACCESS TO STUDENT LOANS ACT AND IS PRESENTLY OWNED BY
THE GOVERNMENT OF THE UNITED STATES; AND (C) ANY OTHER STUDENT LOAN
ISSUED PURSUANT TO A FEDERAL PROGRAM THAT IS IDENTIFIED BY THE SUPER-
INTENDENT AS A "FEDERAL STUDENT LOAN" IN A REGULATION.
§ 711. LICENSING. 1. EXCEPT AS PROVIDED IN SUBDIVISIONS TWO AND THREE
OF THIS SECTION, NO PERSON SHALL ENGAGE IN THE BUSINESS OF SERVICING
STUDENT LOANS OWED BY ONE OR MORE BORROWERS RESIDING IN THIS STATE WITH-
OUT FIRST BEING LICENSED BY THE SUPERINTENDENT AS A STUDENT LOAN SERVI-
CER IN ACCORDANCE WITH THIS ARTICLE AND SUCH REGULATIONS AS MAY BE
PRESCRIBED BY THE SUPERINTENDENT.
2. THE LICENSING PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO ANY
EXEMPT ORGANIZATION THAT IS A STUDENT LOAN SERVICER; PROVIDED THAT SUCH
EXEMPT ORGANIZATION NOTIFIES THE SUPERINTENDENT THAT IT IS SERVICING
STUDENT LOANS IN THIS STATE AND COMPLIES WITH SECTIONS SEVEN HUNDRED
SEVENTEEN, SEVEN HUNDRED NINETEEN, SEVEN HUNDRED TWENTY-ONE, AND SEVEN
HUNDRED TWENTY-FIVE OF THIS ARTICLE AND ANY REGULATION APPLICABLE TO
STUDENT LOAN SERVICERS PROMULGATED BY THE SUPERINTENDENT.
S. 1508--A 38 A. 2008--A
3. A LICENSE IS NOT REQUIRED TO ENGAGE IN THE BUSINESS OF SERVICING
FEDERAL STUDENT LOANS. A PERSON, OTHER THAN AN EXEMPT ORGANIZATION, THAT
SERVICES FEDERAL STUDENT LOANS OWED BY ONE OR MORE BORROWERS RESIDING IN
THIS STATE, WHICH IS NOT OTHERWISE REQUIRED TO BE LICENSED PURSUANT TO
THIS SECTION, SHALL NOTIFY THE SUPERINTENDENT THAT IT IS SERVICING
FEDERAL STUDENT LOANS IN THIS STATE AND COMPLY WITH SECTIONS SEVEN
HUNDRED SEVENTEEN, SEVEN HUNDRED NINETEEN, SEVEN HUNDRED TWENTY-ONE,
SEVEN HUNDRED TWENTY-TWO, SEVEN HUNDRED TWENTY-THREE AND SEVEN HUNDRED
TWENTY-FIVE OF THIS ARTICLE AND ANY REGULATION APPLICABLE TO STUDENT
LOAN SERVICERS PROMULGATED BY THE SUPERINTENDENT. THE PROVISIONS OF
SECTION THIRTY-THREE, THIRTY-NINE, AND FORTY-FOUR OF THIS CHAPTER SHALL
APPLY TO A PERSON REQUIRED TO NOTIFY THE SUPERINTENDENT UNDER THIS
SUBDIVISION, AS THOUGH THEY WERE A LICENSED STUDENT LOAN SERVICER.
§ 712. APPLICATION FOR A STUDENT LOAN SERVICER LICENSE; FEES. 1. THE
APPLICATION FOR A LICENSE TO ENGAGE IN THE BUSINESS OF SERVICING STUDENT
LOANS SHALL BE IN WRITING, UNDER OATH, AND IN THE FORM PRESCRIBED BY THE
SUPERINTENDENT. NOTWITHSTANDING ARTICLE THREE OF THE STATE TECHNOLOGY
LAW OR ANY OTHER LAW TO THE CONTRARY, THE SUPERINTENDENT MAY REQUIRE
THAT AN APPLICATION FOR A LICENSE OR ANY OTHER SUBMISSION OR APPLICATION
FOR APPROVAL AS MAY BE REQUIRED BY THIS ARTICLE BE MADE OR EXECUTED BY
ELECTRONIC MEANS IF HE OR SHE DEEMS IT NECESSARY TO ENSURE THE EFFICIENT
AND EFFECTIVE ADMINISTRATION OF THIS ARTICLE. THE APPLICATION SHALL
INCLUDE A DESCRIPTION OF THE ACTIVITIES OF THE APPLICANT, IN SUCH DETAIL
AND FOR SUCH PERIODS AS THE SUPERINTENDENT MAY REQUIRE; INCLUDING:
(A) AN AFFIRMATION OF FINANCIAL SOLVENCY NOTING SUCH CAPITALIZATION
REQUIREMENTS AS MAY BE REQUIRED BY THE SUPERINTENDENT, AND ACCESS TO
SUCH CREDIT AS MAY BE REQUIRED BY THE SUPERINTENDENT;
(B) A FINANCIAL STATEMENT PREPARED BY A CERTIFIED PUBLIC ACCOUNTANT,
THE ACCURACY OF WHICH IS SWORN TO UNDER OATH BEFORE A NOTARY PUBLIC BY
AN OFFICER OR OTHER REPRESENTATIVE OF THE APPLICANT WHO IS AUTHORIZED TO
EXECUTE SUCH DOCUMENTS;
(C) AN AFFIRMATION THAT THE APPLICANT, OR ITS MEMBERS, OFFICERS, PART-
NERS, DIRECTORS AND PRINCIPALS AS MAY BE APPROPRIATE, ARE AT LEAST TWEN-
TY-ONE YEARS OF AGE;
(D) INFORMATION AS TO THE CHARACTER, FITNESS, FINANCIAL AND BUSINESS
RESPONSIBILITY, BACKGROUND AND EXPERIENCES OF THE APPLICANT, OR ITS
MEMBERS, OFFICERS, PARTNERS, DIRECTORS AND PRINCIPALS AS MAY BE APPRO-
PRIATE;
(E) ANY ADDITIONAL DETAIL OR INFORMATION REQUIRED BY THE SUPERINTEN-
DENT.
2. AN APPLICATION TO BECOME A LICENSED STUDENT LOAN SERVICER OR ANY
APPLICATION WITH RESPECT TO A STUDENT LOAN SERVICER SHALL BE ACCOM-
PLISHED BY A FEE AS PRESCRIBED PURSUANT TO SECTION EIGHTEEN-A OF THIS
CHAPTER.
§ 713. APPLICATION PROCESS TO RECEIVE LICENSE TO ENGAGE IN THE BUSI-
NESS OF STUDENT LOAN SERVICING. 1. UPON THE FILING OF AN APPLICATION FOR
A LICENSE, IF THE SUPERINTENDENT SHALL FIND THAT THE FINANCIAL RESPONSI-
BILITY, EXPERIENCE, CHARACTER, AND GENERAL FITNESS OF THE APPLICANT AND,
IF APPLICABLE, THE MEMBERS, OFFICERS, PARTNERS, DIRECTORS AND PRINCIPALS
OF THE APPLICANT ARE SUCH AS TO COMMAND THE CONFIDENCE OF THE COMMUNITY
AND TO WARRANT BELIEF THAT THE BUSINESS WILL BE OPERATED HONESTLY, FAIR-
LY, AND EFFICIENTLY WITHIN THE PURPOSE OF THIS ARTICLE, THE SUPERINTEN-
DENT SHALL THEREUPON ISSUE A LICENSE IN DUPLICATE TO ENGAGE IN THE BUSI-
NESS OF SERVICING STUDENT LOANS DESCRIBED IN SECTION SEVEN HUNDRED TEN
OF THIS ARTICLE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE. IF
THE SUPERINTENDENT SHALL NOT SO FIND, THE SUPERINTENDENT SHALL NOT ISSUE
S. 1508--A 39 A. 2008--A
A LICENSE, AND THE SUPERINTENDENT SHALL SO NOTIFY THE APPLICANT. THE
SUPERINTENDENT SHALL TRANSMIT ONE COPY OF A LICENSE TO THE APPLICANT AND
FILE ANOTHER IN THE OFFICE OF THE DEPARTMENT OF FINANCIAL SERVICES. UPON
RECEIPT OF SUCH LICENSE, A STUDENT LOAN SERVICER SHALL BE AUTHORIZED TO
ENGAGE IN THE BUSINESS OF SERVICING STUDENT LOANS IN ACCORDANCE WITH THE
PROVISIONS OF THIS ARTICLE. SUCH LICENSE SHALL REMAIN IN FULL FORCE AND
EFFECT UNTIL IT IS SURRENDERED BY THE SERVICER OR REVOKED OR SUSPENDED
AS HEREINAFTER PROVIDED.
2. THE SUPERINTENDENT MAY REFUSE TO ISSUE A LICENSE PURSUANT TO THIS
ARTICLE IF HE OR SHE SHALL FIND THAT THE APPLICANT, OR ANY PERSON WHO IS
A DIRECTOR, OFFICER, PARTNER, AGENT, EMPLOYEE, MEMBER, OR SUBSTANTIAL
STOCKHOLDER OF THE APPLICANT:
(A) HAS BEEN CONVICTED OF A CRIME INVOLVING AN ACTIVITY WHICH IS A
FELONY UNDER THIS CHAPTER OR UNDER ARTICLE ONE HUNDRED FIFTY-FIVE, ONE
HUNDRED SEVENTY, ONE HUNDRED SEVENTY-FIVE, ONE HUNDRED SEVENTY-SIX, ONE
HUNDRED EIGHTY, ONE HUNDRED EIGHTY-FIVE, ONE HUNDRED EIGHTY-SEVEN, ONE
HUNDRED NINETY, TWO HUNDRED, TWO HUNDRED TEN OR FOUR HUNDRED SEVENTY OF
THE PENAL LAW OR ANY COMPARABLE FELONY UNDER THE LAWS OF ANY OTHER STATE
OF THE UNITED STATES, PROVIDED THAT SUCH CRIME WOULD BE A FELONY IF
COMMITTED AND PROSECUTED UNDER THE LAWS OF THIS STATE;
(B) HAS HAD A LICENSE OR REGISTRATION REVOKED BY THE SUPERINTENDENT OR
ANY OTHER REGULATOR OR JURISDICTION;
(C) HAS BEEN AN OFFICER, DIRECTOR, PARTNER, MEMBER OR SUBSTANTIAL
STOCKHOLDER OF AN ENTITY WHICH HAS HAD A LICENSE OR REGISTRATION REVOKED
BY THE SUPERINTENDENT OR ANY OTHER REGULATOR OR JURISDICTION; OR
(D) HAS BEEN AN AGENT, EMPLOYEE, OFFICER, DIRECTOR, PARTNER OR MEMBER
OF AN ENTITY WHICH HAS HAD A LICENSE OR REGISTRATION REVOKED BY THE
SUPERINTENDENT WHERE SUCH PERSON SHALL HAVE BEEN FOUND BY THE SUPER-
INTENDENT TO BEAR RESPONSIBILITY IN CONNECTION WITH THE REVOCATION.
3. THE TERM "SUBSTANTIAL STOCKHOLDER", AS USED IN THIS SECTION, SHALL
BE DEEMED TO REFER TO A PERSON OWNING OR CONTROLLING DIRECTLY OR INDI-
RECTLY TEN PER CENTUM OR MORE OF THE TOTAL OUTSTANDING STOCK OF A CORPO-
RATION.
§ 714. CHANGES IN OFFICERS AND DIRECTORS. UPON ANY CHANGE OF ANY OF
THE EXECUTIVE OFFICERS, DIRECTORS, PARTNERS OR MEMBERS OF ANY STUDENT
LOAN SERVICER REQUIRED TO BE LICENSED UNDER SECTION SEVEN HUNDRED ELEVEN
OF THIS ARTICLE, THE STUDENT LOAN SERVICER SHALL SUBMIT TO THE SUPER-
INTENDENT THE NAME, ADDRESS, AND OCCUPATION OF EACH NEW OFFICER, DIREC-
TOR, PARTNER OR MEMBER, AND PROVIDE SUCH OTHER INFORMATION AS THE SUPER-
INTENDENT MAY REQUIRE.
§ 715. CHANGES IN CONTROL. 1. IT SHALL BE UNLAWFUL EXCEPT WITH THE
PRIOR APPROVAL OF THE SUPERINTENDENT FOR ANY ACTION TO BE TAKEN WHICH
RESULTS IN A CHANGE OF CONTROL OF THE BUSINESS OF A STUDENT LOAN SERVI-
CER REQUIRED TO BE LICENSED UNDER SECTION SEVEN HUNDRED ELEVEN OF THIS
ARTICLE. PRIOR TO ANY CHANGE OF CONTROL, THE PERSON DESIROUS OF ACQUIR-
ING CONTROL OF THE BUSINESS OF A STUDENT LOAN SERVICER SHALL MAKE WRIT-
TEN APPLICATION TO THE SUPERINTENDENT AND PAY AN INVESTIGATION FEE AS
PRESCRIBED PURSUANT TO SECTION EIGHTEEN-A OF THIS CHAPTER TO THE SUPER-
INTENDENT. THE APPLICATION SHALL CONTAIN SUCH INFORMATION AS THE SUPER-
INTENDENT, BY RULE OR REGULATION, MAY PRESCRIBE AS NECESSARY OR APPRO-
PRIATE FOR THE PURPOSE OF MAKING THE DETERMINATION REQUIRED BY
SUBDIVISION TWO OF THIS SECTION. THIS INFORMATION SHALL INCLUDE BUT NOT
BE LIMITED TO THE INFORMATION AND OTHER MATERIAL REQUIRED FOR A STUDENT
LOAN SERVICER BY SUBDIVISION ONE OF SECTION SEVEN HUNDRED TWELVE OF THIS
ARTICLE.
S. 1508--A 40 A. 2008--A
2. THE SUPERINTENDENT SHALL APPROVE OR DISAPPROVE THE PROPOSED CHANGE
OF CONTROL OF A STUDENT LOAN SERVICER REQUIRED TO BE LICENSED UNDER
SECTION SEVEN HUNDRED ELEVEN OF THIS ARTICLE IN ACCORDANCE WITH THE
PROVISIONS OF SECTION SEVEN HUNDRED THIRTEEN OF THIS ARTICLE.
3. FOR A PERIOD OF SIX MONTHS FROM THE DATE OF QUALIFICATION THEREOF
AND FOR SUCH ADDITIONAL PERIOD OF TIME AS THE SUPERINTENDENT MAY
PRESCRIBE, IN WRITING, THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION SHALL NOT APPLY TO A TRANSFER OF CONTROL BY OPERATION OF
LAW TO THE LEGAL REPRESENTATIVE, AS HEREINAFTER DEFINED, OF ONE WHO HAS
CONTROL OF A STUDENT LOAN SERVICER. THEREAFTER, SUCH LEGAL REPRESEN-
TATIVE SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
THIS SECTION. THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS SECTION
SHALL BE APPLICABLE TO AN APPLICATION MADE UNDER SUCH SECTION BY A LEGAL
REPRESENTATIVE. THE TERM "LEGAL REPRESENTATIVE", FOR THE PURPOSES OF
THIS SUBDIVISION, SHALL MEAN ONE DULY APPOINTED BY A COURT OF COMPETENT
JURISDICTION TO ACT AS EXECUTOR, ADMINISTRATOR, TRUSTEE, COMMITTEE,
CONSERVATOR OR RECEIVER, INCLUDING ONE WHO SUCCEEDS A LEGAL REPRESEN-
TATIVE AND ONE ACTING IN AN ANCILLARY CAPACITY THERETO IN ACCORDANCE
WITH THE PROVISIONS OF SUCH COURT APPOINTMENT.
4. AS USED IN THIS SECTION THE TERM "CONTROL" MEANS THE POSSESSION,
DIRECTLY OR INDIRECTLY, OF THE POWER TO DIRECT OR CAUSE THE DIRECTION OF
THE MANAGEMENT AND POLICIES OF A STUDENT LOAN SERVICER, WHETHER THROUGH
THE OWNERSHIP OF VOTING STOCK OF SUCH STUDENT LOAN SERVICER, THE OWNER-
SHIP OF VOTING STOCK OF ANY PERSON WHICH POSSESSES SUCH POWER OR OTHER-
WISE. CONTROL SHALL BE PRESUMED TO EXIST IF ANY PERSON, DIRECTLY OR
INDIRECTLY, OWNS, CONTROLS OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR
MORE OF THE VOTING STOCK OF ANY STUDENT LOAN SERVICER OR OF ANY PERSON
WHICH OWNS, CONTROLS OR HOLDS WITH POWER TO VOTE TEN PER CENTUM OR MORE
OF THE VOTING STOCK OF ANY STUDENT LOAN SERVICER, BUT NO PERSON SHALL BE
DEEMED TO CONTROL A STUDENT LOAN SERVICER SOLELY BY REASON OF BEING AN
OFFICER OR DIRECTOR OF SUCH STUDENT LOAN SERVICER. THE SUPERINTENDENT
MAY IN HIS OR HER DISCRETION, UPON THE APPLICATION OF A STUDENT LOAN
SERVICER OR ANY PERSON WHO, DIRECTLY OR INDIRECTLY, OWNS, CONTROLS OR
HOLDS WITH POWER TO VOTE OR SEEKS TO OWN, CONTROL OR HOLD WITH POWER TO
VOTE ANY VOTING STOCK OF SUCH STUDENT LOAN SERVICER, DETERMINE WHETHER
OR NOT THE OWNERSHIP, CONTROL OR HOLDING OF SUCH VOTING STOCK CONSTI-
TUTES OR WOULD CONSTITUTE CONTROL OF SUCH STUDENT LOAN SERVICER FOR
PURPOSES OF THIS SECTION.
§ 716. GROUNDS FOR SUSPENSION OR REVOCATION OF LICENSE. 1. AFTER
NOTICE AND HEARING, THE SUPERINTENDENT MAY REVOKE OR SUSPEND ANY LICENSE
TO ENGAGE IN THE BUSINESS OF A STUDENT LOAN SERVICER ISSUED PURSUANT TO
THIS ARTICLE IF HE OR SHE SHALL FIND THAT:
(A) A SERVICER HAS VIOLATED ANY PROVISION OF THIS ARTICLE, ANY RULE OR
REGULATION PROMULGATED BY THE SUPERINTENDENT UNDER AND WITHIN THE
AUTHORITY OF THIS ARTICLE, OR ANY OTHER APPLICABLE LAW;
(B) ANY FACT OR CONDITION EXISTS WHICH, IF IT HAD EXISTED AT THE TIME
OF THE ORIGINAL APPLICATION FOR SUCH LICENSE, WOULD HAVE WARRANTED THE
SUPERINTENDENT REFUSING ORIGINALLY TO ISSUE SUCH LICENSE;
(C) A SERVICER DOES NOT COOPERATE WITH AN EXAMINATION OR INVESTIGATION
BY THE SUPERINTENDENT;
(D) A SERVICER ENGAGES IN FRAUD, INTENTIONAL MISREPRESENTATION, OR
GROSS NEGLIGENCE IN SERVICING A STUDENT LOAN;
(E) THE COMPETENCE, EXPERIENCE, CHARACTER, OR GENERAL FITNESS OF THE
SERVICER, AN INDIVIDUAL CONTROLLING, DIRECTLY OR INDIRECTLY, TEN PERCENT
OR MORE OF THE OUTSTANDING INTERESTS, OR ANY PERSON RESPONSIBLE FOR
SERVICING A STUDENT LOAN FOR THE SERVICER INDICATES THAT IT IS NOT IN
S. 1508--A 41 A. 2008--A
THE PUBLIC INTEREST TO PERMIT THE SERVICER TO CONTINUE SERVICING STUDENT
LOANS;
(F) THE SERVICER ENGAGES IN AN UNSAFE OR UNSOUND PRACTICE;
(G) THE SERVICER IS INSOLVENT, SUSPENDS PAYMENT OF ITS OBLIGATIONS, OR
MAKES A GENERAL ASSIGNMENT FOR THE BENEFIT OF ITS CREDITORS; OR
(H) A SERVICER HAS VIOLATED THE LAWS OF THIS STATE, ANY OTHER STATE OR
ANY FEDERAL LAW INVOLVING FRAUDULENT OR DISHONEST DEALING, OR A FINAL
JUDGEMENT HAS BEEN ENTERED AGAINST A STUDENT LOAN SERVICER IN A CIVIL
ACTION UPON GROUNDS OF FRAUD, MISREPRESENTATION OR DECEIT.
2. THE SUPERINTENDENT MAY, ON GOOD CAUSE SHOWN, OR WHERE THERE IS A
SUBSTANTIAL RISK OF PUBLIC HARM, SUSPEND ANY LICENSE FOR A PERIOD NOT
EXCEEDING THIRTY DAYS, PENDING INVESTIGATION. "GOOD CAUSE", AS USED IN
THIS SUBDIVISION, SHALL EXIST WHEN A STUDENT LOAN SERVICER HAS DEFAULTED
OR IS LIKELY TO DEFAULT IN PERFORMING ITS FINANCIAL ENGAGEMENTS OR
ENGAGES IN DISHONEST OR INEQUITABLE PRACTICES WHICH MAY CAUSE SUBSTAN-
TIAL HARM TO THE PERSONS AFFORDED THE PROTECTION OF THIS ARTICLE.
3. EXCEPT AS PROVIDED IN SUBDIVISION TWO OF THIS SECTION, NO LICENSE
SHALL BE REVOKED OR SUSPENDED EXCEPT AFTER NOTICE AND HEARING THEREON.
ANY ORDER OF SUSPENSION ISSUED AFTER NOTICE AND A HEARING MAY INCLUDE AS
A CONDITION OF REINSTATEMENT THAT THE STUDENT LOAN SERVICER MAKE RESTI-
TUTION TO CONSUMERS OF FEES OR OTHER CHARGES WHICH HAVE BEEN IMPROPERLY
CHARGED OR COLLECTED, INCLUDING BUT NOT LIMITED TO BY ALLOCATING
PAYMENTS CONTRARY TO A BORROWER'S DIRECTION OR IN A MANNER THAT FAILS TO
HELP A BORROWER AVOID DEFAULT, AS DETERMINED BY THE SUPERINTENDENT. ANY
HEARING HELD PURSUANT TO THE PROVISIONS OF THIS SECTION SHALL BE
NOTICED, CONDUCTED AND ADMINISTERED IN COMPLIANCE WITH THE STATE ADMIN-
ISTRATIVE PROCEDURE ACT.
4. ANY STUDENT LOAN SERVICER MAY SURRENDER ANY LICENSE BY DELIVERING
TO THE SUPERINTENDENT WRITTEN NOTICE THAT IT THEREBY SURRENDERS SUCH
LICENSE, BUT SUCH SURRENDER SHALL NOT AFFECT SUCH SERVICER'S CIVIL OR
CRIMINAL LIABILITY FOR ACTS COMMITTED PRIOR TO SUCH SURRENDER. IF SUCH
SURRENDER IS MADE AFTER THE ISSUANCE BY THE SUPERINTENDENT OF A STATE-
MENT OF CHARGES AND NOTICE OF HEARING, THE SUPERINTENDENT MAY PROCEED
AGAINST THE SERVICER AS IF SUCH SURRENDER HAD NOT TAKEN PLACE.
5. NO REVOCATION, SUSPENSION, OR SURRENDER OF ANY LICENSE SHALL IMPAIR
OR AFFECT THE OBLIGATION OF ANY PRE-EXISTING LAWFUL CONTRACT BETWEEN THE
STUDENT LOAN SERVICER AND ANY PERSON, INCLUDING THE DEPARTMENT OF FINAN-
CIAL SERVICES.
6. EVERY LICENSE ISSUED PURSUANT TO THIS ARTICLE SHALL REMAIN IN FORCE
AND EFFECT UNTIL THE SAME SHALL HAVE BEEN SURRENDERED, REVOKED OR
SUSPENDED IN ACCORDANCE WITH ANY OTHER PROVISIONS OF THIS ARTICLE.
7. WHENEVER THE SUPERINTENDENT SHALL REVOKE OR SUSPEND A LICENSE
ISSUED PURSUANT TO THIS ARTICLE, HE OR SHE SHALL FORTHWITH EXECUTE IN
DUPLICATE A WRITTEN ORDER TO THAT EFFECT. THE SUPERINTENDENT SHALL FILE
ONE COPY OF SUCH ORDER IN THE OFFICE OF THE DEPARTMENT AND SHALL FORTH-
WITH SERVE THE OTHER COPY UPON THE STUDENT LOAN SERVICER. ANY SUCH ORDER
MAY BE REVIEWED IN THE MANNER PROVIDED BY ARTICLE SEVENTY-EIGHT OF THE
CIVIL PRACTICE LAW AND RULES.
§ 717. BOOKS AND RECORDS; REPORTS AND ELECTRONIC FILING. 1. EACH
STUDENT LOAN SERVICER SHALL KEEP AND USE IN ITS BUSINESS SUCH BOOKS,
ACCOUNTS AND RECORDS AS WILL ENABLE THE SUPERINTENDENT TO DETERMINE
WHETHER SUCH SERVICER OR EXEMPT ORGANIZATION IS COMPLYING WITH THE
PROVISIONS OF THIS ARTICLE AND WITH THE RULES AND REGULATIONS LAWFULLY
MADE BY THE SUPERINTENDENT. EVERY SERVICER SHALL PRESERVE SUCH BOOKS,
ACCOUNTS, AND RECORDS, FOR AT LEAST THREE YEARS.
S. 1508--A 42 A. 2008--A
2. (A) EACH STUDENT LOAN SERVICER, OTHER THAN AN EXEMPT ORGANIZATION,
SHALL ANNUALLY, ON OR BEFORE A DATE TO BE DETERMINED BY THE SUPERINTEN-
DENT, FILE A REPORT WITH THE SUPERINTENDENT GIVING SUCH INFORMATION AS
THE SUPERINTENDENT MAY REQUIRE CONCERNING THE BUSINESS AND OPERATIONS
DURING THE PRECEDING CALENDAR YEAR OF SUCH SERVICER UNDER AUTHORITY OF
THIS ARTICLE. SUCH REPORT SHALL BE SUBSCRIBED AND AFFIRMED AS TRUE BY
THE SERVICER UNDER THE PENALTIES OF PERJURY AND SHALL BE IN THE FORM
PRESCRIBED BY THE SUPERINTENDENT.
(B) IN ADDITION TO ANNUAL REPORTS, THE SUPERINTENDENT MAY REQUIRE SUCH
ADDITIONAL REGULAR OR SPECIAL REPORTS AS HE OR SHE MAY DEEM NECESSARY TO
THE PROPER SUPERVISION OF STUDENT LOAN SERVICERS UNDER THIS ARTICLE.
SUCH ADDITIONAL REPORTS SHALL BE SUBSCRIBED AND AFFIRMED AS TRUE BY THE
SERVICER UNDER THE PENALTIES OF PERJURY AND SHALL BE IN THE FORM
PRESCRIBED BY THE SUPERINTENDENT.
3. NOTWITHSTANDING ARTICLE THREE OF THE STATE TECHNOLOGY LAW OR ANY
OTHER LAW TO THE CONTRARY, THE SUPERINTENDENT MAY REQUIRE THAT ANY
SUBMISSION OR APPROVAL AS MAY BE REQUIRED BY THE SUPERINTENDENT BE MADE
OR EXECUTED BY ELECTRONIC MEANS IF HE OR SHE DEEMS IT NECESSARY TO
ENSURE THE EFFICIENT ADMINISTRATION OF THIS ARTICLE.
§ 718. RULES AND REGULATIONS. 1. IN ADDITION TO SUCH POWERS AS MAY
OTHERWISE BE PRESCRIBED BY LAW, THE SUPERINTENDENT IS HEREBY AUTHORIZED
AND EMPOWERED TO PROMULGATE SUCH RULES AND REGULATIONS AS MAY IN THE
JUDGEMENT OF THE SUPERINTENDENT BE CONSISTENT WITH THE PURPOSES OF THIS
ARTICLE, OR APPROPRIATE FOR THE EFFECTIVE ADMINISTRATION OF THIS ARTI-
CLE, INCLUDING, BUT NOT LIMITED TO:
(A) SUCH RULES AND REGULATIONS IN CONNECTION WITH THE ACTIVITIES OF
STUDENT LOAN SERVICERS AS MAY BE NECESSARY AND APPROPRIATE FOR THE
PROTECTION OF BORROWERS IN THIS STATE.
(B) SUCH RULES AND REGULATIONS AS MAY BE NECESSARY AND APPROPRIATE TO
DEFINE UNFAIR, DECEPTIVE OR ABUSIVE ACTS OR PRACTICES IN CONNECTION WITH
THE ACTIVITIES OF STUDENT LOAN SERVICERS.
(C) SUCH RULES AND REGULATIONS AS MAY DEFINE THE TERMS USED IN THIS
ARTICLE AND AS MAY BE NECESSARY AND APPROPRIATE TO INTERPRET AND IMPLE-
MENT THE PROVISIONS OF THIS ARTICLE.
(D) SUCH RULES AND REGULATIONS AS MAY BE NECESSARY FOR THE ENFORCEMENT
OF THIS ARTICLE.
2. THE SUPERINTENDENT IS HEREBY AUTHORIZED AND EMPOWERED TO MAKE SUCH
SPECIFIC RULINGS, DEMANDS AND FINDINGS AS THE SUPERINTENDENT MAY DEEM
NECESSARY FOR THE PROPER CONDUCT OF THE STUDENT LOAN SERVICING INDUSTRY.
§ 719. PROHIBITED PRACTICES. NO STUDENT LOAN SERVICER SHALL:
1. EMPLOY ANY SCHEME, DEVICE OR ARTIFICE TO DEFRAUD OR MISLEAD A
BORROWER;
2. ENGAGE IN ANY UNFAIR, DECEPTIVE OR PREDATORY ACT OR PRACTICE TOWARD
ANY PERSON OR MISREPRESENT OR OMIT ANY MATERIAL INFORMATION IN
CONNECTION WITH THE SERVICING OF A STUDENT LOAN, INCLUDING, BUT NOT
LIMITED TO, MISREPRESENTING THE AMOUNT, NATURE OR TERMS OF ANY FEE OR
PAYMENT DUE OR CLAIMED TO BE DUE ON A STUDENT LOAN, THE TERMS AND CONDI-
TIONS OF THE LOAN AGREEMENT OR THE BORROWER'S OBLIGATIONS UNDER THE
LOAN;
3. MISAPPLY PAYMENTS TO THE OUTSTANDING BALANCE OF ANY STUDENT LOAN OR
TO ANY RELATED INTEREST OR FEES;
4. PROVIDE INACCURATE INFORMATION TO A CONSUMER REPORTING AGENCY;
5. REFUSE TO COMMUNICATE WITH AN AUTHORIZED REPRESENTATIVE OF THE
BORROWER WHO PROVIDES A WRITTEN AUTHORIZATION SIGNED BY THE BORROWER,
PROVIDED THAT THE SERVICER MAY ADOPT PROCEDURES REASONABLY RELATED TO
S. 1508--A 43 A. 2008--A
VERIFYING THAT THE REPRESENTATIVE IS IN FACT AUTHORIZED TO ACT ON BEHALF
OF THE BORROWER;
6. MAKE ANY FALSE STATEMENT OR MAKE ANY OMISSION OF A MATERIAL FACT IN
CONNECTION WITH ANY INFORMATION OR REPORTS FILED WITH A GOVERNMENTAL
AGENCY OR IN CONNECTION WITH ANY INVESTIGATION CONDUCTED BY THE SUPER-
INTENDENT OR ANOTHER GOVERNMENTAL AGENCY;
7. FAIL TO RESPOND WITHIN FIFTEEN CALENDAR DAYS TO COMMUNICATIONS FROM
THE DEPARTMENT, OR WITHIN SUCH SHORTER, REASONABLE TIME AS THE DEPART-
MENT MAY REQUEST IN HIS OR HER COMMUNICATION; OR
8. FAIL TO PROVIDE A RESPONSE WITHIN FIFTEEN CALENDAR DAYS TO A
CONSUMER COMPLAINT SUBMITTED TO THE SERVICER BY THE DEPARTMENT. IF
NECESSARY, A STUDENT LOAN SERVICER MAY REQUEST ADDITIONAL TIME UP TO A
MAXIMUM OF FORTY-FIVE CALENDAR DAYS, PROVIDED THAT SUCH REQUEST IS
ACCOMPANIED BY AN EXPLANATION WHY SUCH ADDITIONAL TIME IS REASONABLE AND
NECESSARY.
§ 720. SERVICING STUDENT LOANS WITHOUT A LICENSE. 1. WHENEVER, IN THE
OPINION OF THE SUPERINTENDENT, A PERSON IS ENGAGED IN THE BUSINESS OF
SERVICING STUDENT LOANS, OTHER THAN FEDERAL LOANS, EITHER ACTUALLY OR
THROUGH SUBTERFUGE, WITHOUT A LICENSE FROM THE SUPERINTENDENT, THE
SUPERINTENDENT MAY ORDER THAT PERSON TO DESIST AND REFRAIN FROM ENGAGING
IN THE BUSINESS OF SERVICING STUDENT LOANS IN THE STATE. IF, WITHIN
THIRTY DAYS AFTER AN ORDER IS SERVED, A REQUEST FOR A HEARING IS FILED
IN WRITING AND THE HEARING IS NOT HELD WITHIN SIXTY DAYS OF THE FILING,
THE ORDER SHALL BE RESCINDED.
2. THIS SECTION DOES NOT APPLY TO EXEMPT ORGANIZATIONS.
§ 721. RESPONSIBILITIES. 1. IF A STUDENT LOAN SERVICER REGULARLY
REPORTS INFORMATION TO A CONSUMER REPORTING AGENCY, THE SERVICER SHALL
ACCURATELY REPORT A BORROWER'S PAYMENT PERFORMANCE TO AT LEAST ONE
CONSUMER REPORTING AGENCY THAT COMPILES AND MAINTAINS FILES ON CONSUMERS
ON A NATIONWIDE BASIS AS DEFINED IN SECTION 603(P) OF THE FEDERAL FAIR
CREDIT REPORTING ACT (15 U.S.C. SEC. 1681A(P)), UPON ACCEPTANCE AS A
DATA FURNISHER BY THAT CONSUMER REPORTING AGENCY.
2. (A) EXCEPT AS PROVIDED IN FEDERAL LAW OR REQUIRED BY A STUDENT LOAN
AGREEMENT, A STUDENT LOAN SERVICER SHALL INQUIRE OF A BORROWER HOW TO
APPLY A BORROWER'S NONCONFORMING PAYMENT. A BORROWER'S DIRECTION ON HOW
TO APPLY A NONCONFORMING PAYMENT SHALL REMAIN IN EFFECT FOR ANY FUTURE
NONCONFORMING PAYMENT DURING THE TERM OF A STUDENT LOAN UNTIL THE
BORROWER PROVIDES DIFFERENT DIRECTIONS.
(B) FOR PURPOSES OF THIS SUBDIVISION, "NONCONFORMING PAYMENT" SHALL
MEAN A PAYMENT THAT IS EITHER MORE OR LESS THAN THE BORROWER'S REQUIRED
STUDENT LOAN PAYMENT.
3. (A) IF THE SALE, ASSIGNMENT, OR OTHER TRANSFER OF THE SERVICING OF
A STUDENT LOAN RESULTS IN A CHANGE IN THE IDENTITY OF THE PERSON TO WHOM
THE BORROWER IS REQUIRED TO SEND SUBSEQUENT PAYMENTS OR DIRECT ANY
COMMUNICATIONS CONCERNING THE STUDENT LOAN, A STUDENT LOAN SERVICER
SHALL TRANSFER ALL INFORMATION REGARDING A BORROWER, A BORROWER'S
ACCOUNT, AND A BORROWER'S STUDENT LOAN, INCLUDING BUT NOT LIMITED TO THE
BORROWER'S REPAYMENT STATUS AND ANY BORROWER BENEFITS ASSOCIATED WITH
THE BORROWER'S STUDENT LOAN, TO THE NEW STUDENT LOAN SERVICER SERVICING
THE BORROWER'S STUDENT LOAN WITHIN FORTY-FIVE DAYS.
(B) A STUDENT LOAN SERVICER SHALL ADOPT POLICIES AND PROCEDURES TO
VERIFY THAT IT HAS RECEIVED ALL INFORMATION REGARDING A BORROWER, A
BORROWER'S ACCOUNT, AND A BORROWER'S STUDENT LOAN, INCLUDING BUT NOT
LIMITED TO THE BORROWER'S REPAYMENT STATUS AND ANY BORROWER BENEFITS
ASSOCIATED WITH THE BORROWER'S STUDENT LOAN, WHEN THE SERVICER OBTAINS
THE RIGHT TO SERVICE A STUDENT LOAN.
S. 1508--A 44 A. 2008--A
4. IF A STUDENT LOAN SERVICER SELLS, ASSIGNS, OR OTHERWISE TRANSFERS
THE SERVICING OF A STUDENT LOAN TO A NEW SERVICER, THE SALE, ASSIGNMENT
OR OTHER TRANSFER SHALL BE COMPLETED AT LEAST SEVEN DAYS BEFORE THE
BORROWER'S NEXT PAYMENT IS DUE.
5. (A) A STUDENT LOAN SERVICER THAT SELLS, ASSIGNS, OR OTHERWISE
TRANSFERS THE SERVICING OF A STUDENT LOAN SHALL REQUIRE AS A CONDITION
OF SUCH SALE, ASSIGNMENT OR OTHER TRANSFER THAT THE NEW STUDENT LOAN
SERVICER SHALL HONOR ALL BORROWER BENEFITS ORIGINALLY REPRESENTED AS
BEING AVAILABLE TO A BORROWER DURING THE REPAYMENT OF THE STUDENT LOAN
AND THE POSSIBILITY OF SUCH BENEFITS, INCLUDING ANY BENEFITS THAT WERE
REPRESENTED AS BEING AVAILABLE BUT FOR WHICH THE BORROWER HAD NOT YET
QUALIFIED.
(B) A STUDENT LOAN SERVICER THAT OBTAINS THE RIGHT TO SERVICE A
STUDENT LOAN SHALL HONOR ALL BORROWER BENEFITS ORIGINALLY REPRESENTED AS
BEING AVAILABLE TO A BORROWER DURING THE REPAYMENT OF THE STUDENT LOAN
AND THE POSSIBILITY OF SUCH BENEFITS, INCLUDING ANY BENEFITS THAT WERE
REPRESENTED AS BEING AVAILABLE BUT FOR WHICH THE BORROWER HAD NOT YET
QUALIFIED.
6. A STUDENT LOAN SERVICER SHALL RESPOND WITHIN THIRTY DAYS AFTER
RECEIPT TO A WRITTEN INQUIRY FROM A BORROWER OR A BORROWER'S REPRESEN-
TATIVE.
7. A STUDENT LOAN SERVICER SHALL PRESERVE RECORDS OF EACH STUDENT LOAN
AND ALL COMMUNICATIONS WITH BORROWERS FOR NOT LESS THAN TWO YEARS
FOLLOWING THE FINAL PAYMENT ON SUCH STUDENT LOAN OR THE SALE, ASSIGNMENT
OR OTHER TRANSFER OF THE SERVICING OF SUCH STUDENT LOAN, WHICHEVER
OCCURS FIRST, OR SUCH LONGER PERIOD AS MAY BE REQUIRED BY ANY OTHER
PROVISION OF LAW.
§ 722. EXAMINATIONS. 1. THE SUPERINTENDENT MAY AT ANY TIME, AND AS
OFTEN AS HE OR SHE MAY DETERMINE, EITHER PERSONALLY OR BY A PERSON DULY
DESIGNATED BY THE SUPERINTENDENT, INVESTIGATE THE BUSINESS AND EXAMINE
THE BOOKS, ACCOUNTS, RECORDS, AND FILES USED THEREIN OF EVERY STUDENT
LOAN SERVICER. FOR THAT PURPOSE THE SUPERINTENDENT AND HIS OR HER DULY
DESIGNATED REPRESENTATIVE SHALL HAVE FREE ACCESS TO THE OFFICES AND
PLACES OF BUSINESS, BOOKS, ACCOUNTS, PAPERS, RECORDS, FILES, SAFES AND
VAULTS OF ALL SUCH SERVICERS. THE SUPERINTENDENT AND ANY PERSON DULY
DESIGNATED BY HIM OR HER SHALL HAVE AUTHORITY TO REQUIRE THE ATTENDANCE
OF AND TO EXAMINE UNDER OATH ALL PERSONS WHOSE TESTIMONY HE OR SHE MAY
REQUIRE RELATIVE TO SUCH BUSINESS.
2. NO PERSON SUBJECT TO INVESTIGATION OR EXAMINATION UNDER THIS
SECTION MAY KNOWINGLY WITHHOLD, ABSTRACT, REMOVE, MUTILATE, DESTROY OR
SECRETE ANY BOOKS, RECORDS, COMPUTER RECORDS OR OTHER INFORMATION.
3. THE EXPENSES INCURRED IN MAKING ANY EXAMINATION PURSUANT TO THIS
SECTION SHALL BE ASSESSED AGAINST AND PAID BY THE STUDENT LOAN SERVICER
SO EXAMINED, EXCEPT THAT TRAVELLING AND SUBSISTENCE EXPENSES SO INCURRED
SHALL BE CHARGED AGAINST AND PAID BY SERVICERS IN SUCH PROPORTIONS AS
THE SUPERINTENDENT SHALL DEEM JUST AND REASONABLE, AND SUCH PROPOR-
TIONATE CHARGES SHALL BE ADDED TO THE ASSESSMENT OF THE OTHER EXPENSES
INCURRED UPON EACH EXAMINATION. UPON WRITTEN NOTICE BY THE SUPERINTEN-
DENT OF THE TOTAL AMOUNT OF SUCH ASSESSMENT, THE SERVICER SHALL BECOME
LIABLE FOR AND SHALL PAY SUCH ASSESSMENT TO THE SUPERINTENDENT.
4. IN ANY HEARING IN WHICH A DEPARTMENT EMPLOYEE ACTING UNDER AUTHORI-
TY OF THIS CHAPTER IS AVAILABLE FOR CROSS-EXAMINATION, ANY OFFICIAL
WRITTEN REPORT, WORKSHEET, OTHER RELATED PAPERS, OR DULY CERTIFIED COPY
THEREOF, COMPILED, PREPARED, DRAFTED, OR OTHERWISE MADE BY SAID DEPART-
MENT EMPLOYEE, AFTER BEING DULY AUTHENTICATED BY SAID EMPLOYEE, MAY BE
ADMITTED AS COMPETENT EVIDENCE UPON THE OATH OF SAID EMPLOYEE THAT SAID
S. 1508--A 45 A. 2008--A
WORKSHEET, INVESTIGATIVE REPORT, OR OTHER RELATED DOCUMENTS WERE
PREPARED AS A RESULT OF AN EXAMINATION OF THE BOOKS AND RECORDS OF A
SERVICER OR OTHER PERSON, CONDUCTED PURSUANT TO THE AUTHORITY OF THIS
CHAPTER.
5. UNLESS IT IS AN EXEMPT ORGANIZATION, AFFILIATES OF A STUDENT LOAN
SERVICER ARE SUBJECT TO EXAMINATION BY THE SUPERINTENDENT ON THE SAME
TERMS AS THE SERVICER, BUT ONLY WHEN REPORTS FROM, OR EXAMINATION OF, A
SERVICER PROVIDES EVIDENCE OF UNLAWFUL ACTIVITY BETWEEN A SERVICER AND
AFFILIATE BENEFITTING, AFFECTING, OR ARISING FROM THE ACTIVITIES REGU-
LATED BY THIS ARTICLE.
6. THIS SECTION SHALL NOT APPLY TO EXEMPT ORGANIZATIONS. TO THE EXTENT
THE SUPERINTENDENT IS AUTHORIZED BY ANY OTHER LAW TO MAKE AN EXAMINATION
INTO THE AFFAIRS OF ANY EXEMPT ORGANIZATION, THIS SUBDIVISION SHALL NOT
BE CONSTRUED TO LIMIT IN ANY WAY THE SUPERINTENDENT'S AUTHORITY, REGARD-
ING THE SUBJECTS OF SUCH AN EXAMINATION, OR OTHERWISE.
§ 723. PENALTIES FOR VIOLATION OF THIS ARTICLE. 1. IN ADDITION TO SUCH
PENALTIES AS MAY OTHERWISE BE APPLICABLE BY LAW, INCLUDING BUT NOT
LIMITED TO THE PENALTIES AVAILABLE UNDER SECTION FORTY-FOUR OF THIS
CHAPTER, THE SUPERINTENDENT MAY, AFTER NOTICE AND HEARING, REQUIRE ANY
PERSON FOUND VIOLATING THE PROVISIONS OF THIS ARTICLE OR THE RULES OR
REGULATIONS PROMULGATED HEREUNDER TO PAY TO THE PEOPLE OF THIS STATE A
PENALTY FOR EACH VIOLATION OF THE ARTICLE OR ANY REGULATION OR POLICY
PROMULGATED HEREUNDER A SUM NOT TO EXCEED THE GREATER OF (I) TEN THOU-
SAND DOLLARS FOR EACH OFFENSE; (II) A MULTIPLE OF TWO TIMES THE AGGRE-
GATE DAMAGES ATTRIBUTABLE TO THE VIOLATION; OR (III) A MULTIPLE OF TWO
TIMES THE AGGREGATE ECONOMIC GAIN ATTRIBUTABLE TO THE VIOLATION.
2. NOTHING IN THIS ARTICLE SHALL LIMIT ANY STATUTORY OR COMMON-LAW
RIGHT OF ANY PERSON TO BRING ANY ACTION IN ANY COURT FOR ANY ACT, OR THE
RIGHT OF THE STATE TO PUNISH ANY PERSON FOR ANY VIOLATION OF ANY LAW.
§ 724. SEVERABILITY OF PROVISIONS. IF ANY PROVISION OF THIS ARTICLE,
OR THE APPLICATION OF SUCH PROVISION TO ANY PERSON OR CIRCUMSTANCE,
SHALL BE HELD INVALID, ILLEGAL OR UNENFORCEABLE, THE REMAINDER OF THE
ARTICLE, AND THE APPLICATION OF SUCH PROVISION TO PERSONS OR CIRCUM-
STANCES OTHER THAN THOSE AS TO WHICH IT IS HELD INVALID, ILLEGAL OR
UNENFORCEABLE, SHALL NOT BE AFFECTED THEREBY.
§ 725. COMPLIANCE WITH OTHER LAWS. 1. STUDENT LOAN SERVICERS SHALL
ENGAGE IN THE BUSINESS OF SERVICING STUDENT LOANS IN CONFORMITY WITH THE
PROVISIONS OF THE FINANCIAL SERVICES LAW, THIS CHAPTER, SUCH RULES AND
REGULATIONS AS MAY BE PROMULGATED BY THE SUPERINTENDENT THEREUNDER AND
ALL APPLICABLE FEDERAL LAWS AND THE RULES AND REGULATIONS PROMULGATED
THEREUNDER.
2. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO LIMIT ANY OTHERWISE
APPLICABLE STATE OR FEDERAL LAW OR REGULATIONS.
§ 2. Subdivision 10 of section 36 of the banking law, as amended by
chapter 182 of the laws of 2011, 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
S. 1508--A 46 A. 2008--A
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, any other person or entity subject to
supervision under this chapter, 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 publication
thereof, in which event the superintendent may publish or authorize 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 author-
ize 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 investigations",
includes any such materials of a bank, insurance or securities regulato-
ry 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 materials that have
been shared by the department with any such agency or unit and are in
the possession of such agency or unit.
§ 3. Section 39 of the banking law, as amended by section 1 of part FF
of chapter 59 of the laws of 2004, subdivisions 1, 2 and 5 as amended by
chapter 123 of the laws of 2009, subdivision 3 as amended by chapter 155
of the laws of 2012 and subdivision 6 as amended by chapter 217 of the
laws of 2010, is amended to read as follows:
§ 39. Orders of superintendent. 1. To appear and explain an apparent
violation. Whenever it shall appear to the superintendent that any bank-
ing organization, bank holding company, registered mortgage broker,
licensed mortgage banker, LICENSED STUDENT LOAD SERVICER, registered
mortgage loan servicer, licensed mortgage loan originator, licensed
lender, licensed casher of checks, licensed sales finance company,
licensed insurance premium finance agency, licensed transmitter of
money, licensed budget planner, out-of-state state bank that maintains a
branch or branches or representative or other offices in this state, or
foreign banking corporation licensed by the superintendent to do busi-
ness or maintain a representative office in this state has violated any
law or regulation, he or she may, in his or her discretion, issue an
order describing such apparent violation and requiring such banking
organization, bank holding company, registered mortgage broker, licensed
mortgage banker, LICENSED STUDENT LOAN SERVICER, licensed mortgage loan
originator, licensed lender, licensed casher of checks, licensed sales
finance company, licensed insurance premium finance agency, licensed
transmitter of money, licensed budget planner, out-of-state state bank
that maintains a branch or branches or representative or other offices
in this state, or foreign banking corporation to appear before him or
her, at a time and place fixed in said order, to present an explanation
of such apparent violation.
2. To discontinue unauthorized or unsafe and unsound practices. When-
ever it shall appear to the superintendent that any banking organiza-
tion, bank holding company, registered mortgage broker, licensed mort-
gage banker, LICENSED STUDENT LOAN SERVICER, registered mortgage loan
servicer, licensed mortgage loan originator, licensed lender, licensed
casher of checks, licensed sales finance company, licensed insurance
premium finance agency, licensed transmitter of money, licensed budget
S. 1508--A 47 A. 2008--A
planner, out-of-state state bank that maintains a branch or branches or
representative or other offices in this state, or foreign banking corpo-
ration licensed by the superintendent to do business in this state is
conducting business in an unauthorized or unsafe and unsound manner, he
or she may, in his or her discretion, issue an order directing the
discontinuance of such unauthorized or unsafe and unsound practices, and
fixing a time and place at which such banking organization, bank holding
company, registered mortgage broker, licensed mortgage banker, LICENSED
STUDENT LOAN SERVICER, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
cy, licensed transmitter of money, licensed budget planner, out-of-state
state bank that maintains a branch or branches or representative or
other offices in this state, or foreign banking corporation may volun-
tarily appear before him or her to present any explanation in defense of
the practices directed in said order to be discontinued.
3. To make good impairment of capital or to ensure compliance with
financial requirements. Whenever it shall appear to the superintendent
that the capital or capital stock of any banking organization, bank
holding company or any subsidiary thereof which is organized, licensed
or registered pursuant to this chapter, is impaired, or the financial
requirements imposed by subdivision one of section two hundred two-b of
this chapter or any regulation of the superintendent on any branch or
agency of a foreign banking corporation or the financial requirements
imposed by this chapter or any regulation of the superintendent on any
licensed lender, registered mortgage broker, licensed mortgage banker,
LICENSED STUDENT LOAN SERVICER, licensed casher of checks, licensed
sales finance company, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner or private banker
are not satisfied, the superintendent may, in the superintendent's
discretion, issue an order directing that such banking organization,
bank holding company, branch or agency of a foreign banking corporation,
registered mortgage broker, licensed mortgage banker, LICENSED STUDENT
LOAN SERVICER, licensed lender, licensed casher of checks, licensed
sales finance company, licensed insurance premium finance agency,
licensed transmitter of money, licensed budget planner, or private bank-
er make good such deficiency forthwith or within a time specified in
such order.
4. To make good encroachments on reserves. Whenever it shall appear to
the superintendent that either the total reserves or reserves on hand of
any banking organization, branch or agency of a foreign banking corpo-
ration are below the amount required by or pursuant to this chapter or
any other applicable provision of law or regulation to be maintained, or
that such banking organization, branch or agency of a foreign banking
corporation is not keeping its reserves on hand as required by this
chapter or any other applicable provision of law or regulation, he or
she may, in his or her discretion, issue an order directing that such
banking organization, branch or agency of a foreign banking corporation
make good such reserves forthwith or within a time specified in such
order, or that it keep its reserves on hand as required by this chapter.
5. To keep books and accounts as prescribed. Whenever it shall appear
to the superintendent that any banking organization, bank holding compa-
ny, registered mortgage broker, licensed mortgage banker, LICENSED
STUDENT LOAN SERVICER, registered mortgage loan servicer, licensed mort-
gage loan originator, licensed lender, licensed casher of checks,
licensed sales finance company, licensed insurance premium finance agen-
S. 1508--A 48 A. 2008--A
cy, licensed transmitter of money, licensed budget planner, agency or
branch of a foreign banking corporation licensed by the superintendent
to do business in this state, does not keep its books and accounts in
such manner as to enable him or her to readily ascertain its true condi-
tion, he or she may, in his or her discretion, issue an order requiring
such banking organization, bank holding company, registered mortgage
broker, licensed mortgage banker, LICENSED STUDENT LOAN SERVICER, regis-
tered mortgage loan servicer, licensed mortgage loan originator,
licensed lender, licensed casher of checks, licensed sales finance
company, licensed insurance premium finance agency, licensed transmitter
of money, licensed budget planner, or foreign banking corporation, or
the officers or agents thereof, or any of them, to open and keep such
books or accounts as he or she may, in his or her discretion, determine
and prescribe for the purpose of keeping accurate and convenient records
of its transactions and accounts.
6. As used in this section, "bank holding company" shall have the same
meaning as that term is defined in section one hundred forty-one of this
chapter.
§ 4. Paragraph (a) of subdivision 1 of section 44 of the banking law,
as amended by chapter 155 of the laws of 2012, 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 or licensed budget planner to pay to the people
of this state a penalty for any violation of this chapter, any regu-
lation 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.
§ 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law.
PART M
Section 1. Section 2 of part FF of chapter 55 of the laws of 2017
relating to motor vehicles equipped with autonomous vehicle technology,
as amended by section 2 of part H of chapter 58 of the laws of 2018, is
amended to read as follows:
§ 2. The commissioner of motor vehicles shall, in consultation with
the superintendent of state police, submit a report to the governor, the
temporary president of the senate, the speaker of the assembly, and the
chairs of the senate and assembly transportation committees on the
demonstrations and tests authorized by section one of this act. Such
report shall include, but not be limited to, a description of the param-
eters and purpose of such demonstrations and tests, the location or
locations where demonstrations and tests were conducted, the demon-
strations' and tests' impacts on safety, traffic control, traffic
enforcement, emergency services, and such other areas as may be identi-
fied by such commissioner. Such commissioner shall submit such report
S. 1508--A 49 A. 2008--A
[on or before June 1, 2018 and June 1, 2019] JUNE FIRST OF EACH YEAR
THIS SECTION REMAINS IN EFFECT.
§ 2. Section 3 of part FF of chapter 55 of the laws of 2017 relating
to motor vehicles equipped with autonomous vehicle technology, as
amended by section 3 of part H of chapter 58 of the laws of 2018, is
amended to read as follows:
§ 3. This act shall take effect April 1, 2017; provided, however, that
section one of this act shall expire and be deemed repealed April 1,
[2019] 2021.
§ 3. a. The New York state commissioner of motor vehicles may approve
demonstrations and tests consisting of the operation of a motor vehicle
equipped with autonomous vehicle technology while such motor vehicle is
engaged in the use of such technology on public highways within this
state for the purposes of demonstrating and assessing the current devel-
opment of autonomous vehicle technology and to begin identifying poten-
tial impacts of such technology on safety, traffic control, traffic
enforcement, emergency services, and such other areas as may be identi-
fied by such commissioner. Such demonstrations and tests shall take
place in a manner and form prescribed by the commissioner of motor vehi-
cles including, but not limited to: a requirement that the motor vehicle
utilized in such demonstrations and tests complies with all applicable
federal motor vehicle safety standards and New York state motor vehicle
inspection standards; and a requirement that the motor vehicle utilized
in such demonstrations and tests has in place, at a minimum, financial
security in the amount of five million dollars. Nothing in this act
shall authorize the motor vehicle utilized in such demonstrations and
tests to operate in violation of article 22 or title 7 of the vehicle
and traffic law, excluding section 1226 of such law.
b. For the purposes of this section, the term "autonomous vehicle
technology" shall mean the hardware and software that are collectively
capable of performing part or all of the dynamic driving task on a
sustained basis, and the term "dynamic driving task" shall mean all of
the real-time operational and tactical functions required to operate a
vehicle in on-road traffic, excluding the strategic functions such as
trip scheduling and selection of destinations and waypoints.
§ 4. The commissioner of motor vehicles shall, in consultation with
the superintendent of state police, submit a report to the governor, the
temporary president of the senate, the speaker of the assembly, and the
chairs of the senate and assembly transportation committees on the
demonstrations and tests authorized by section three of this act. Such
report shall include, but not be limited to, a description of the param-
eters and purpose of such demonstrations and tests, the location or
locations where demonstrations and tests were conducted, the demon-
strations' and tests' impacts on safety, traffic control, traffic
enforcement, emergency services, and such other areas as may be identi-
fied by such commissioner. The commissioner shall submit such report on
or before June first of each year section three of this act remains in
effect.
§ 5. Section 1226 of the vehicle and traffic law is REPEALED.
§ 6. The commissioner of motor vehicles and the superintendent of
financial services shall establish regulations consistent with this act.
§ 7. This act shall take effect immediately; provided, however, that
sections three, four, and five of this act shall take effect April 1,
2021.
PART N
S. 1508--A 50 A. 2008--A
Section 1. Section 6 of chapter 713 of the laws of 1988, amending the
vehicle and traffic law relating to the ignition interlock device
program, as amended by section 14 of part A of chapter 55 of the laws of
2017, is amended to read as follows:
§ 6. This act shall take effect on the first day of April next
succeeding the date on which it shall have become a law; provided,
however, that effective immediately, the addition, amendment or repeal
of any rule or regulation necessary for the implementation of the fore-
going sections of this act on their effective date is authorized and
directed to be made and completed on or before such effective date and
shall remain in full force and effect until the first day of September,
[2019] 2021 when upon such date the provisions of this act shall be
deemed repealed.
§ 2. This act shall take effect immediately.
PART O
Section 1. Subdivision (p) of section 406 of chapter 166 of the laws
of 1991, amending the tax law and other laws relating to taxes, as
amended by section 12 of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
(p) The amendments to section 1809 of the vehicle and traffic law made
by sections three hundred thirty-seven and three hundred thirty-eight of
this act shall not apply to any offense committed prior to such effec-
tive date; provided, further, that section three hundred forty-one of
this act shall take effect immediately and shall expire November 1, 1993
at which time it shall be deemed repealed; sections three hundred
forty-five and three hundred forty-six of this act shall take effect
July 1, 1991; sections three hundred fifty-five, three hundred fifty-
six, three hundred fifty-seven and three hundred fifty-nine of this act
shall take effect immediately and shall expire June 30, 1995 and shall
revert to and be read as if this act had not been enacted; section three
hundred fifty-eight of this act shall take effect immediately and shall
expire June 30, 1998 and shall revert to and be read as if this act had
not been enacted; section three hundred sixty-four through three hundred
sixty-seven of this act shall apply to claims filed on or after such
effective date; sections three hundred sixty-nine, three hundred seven-
ty-two, three hundred seventy-three, three hundred seventy-four, three
hundred seventy-five and three hundred seventy-six of this act shall
remain in effect until September 1, [2019] 2021, at which time they
shall be deemed repealed; provided, however, that the mandatory
surcharge provided in section three hundred seventy-four of this act
shall apply to parking violations occurring on or after said effective
date; and provided further that the amendments made to section 235 of
the vehicle and traffic law by section three hundred seventy-two of this
act, the amendments made to section 1809 of the vehicle and traffic law
by sections three hundred thirty-seven and three hundred thirty-eight of
this act and the amendments made to section 215-a of the labor law by
section three hundred seventy-five of this act shall expire on September
1, [2019] 2021 and upon such date the provisions of such subdivisions
and sections shall revert to and be read as if the provisions of this
act had not been enacted; the amendments to subdivisions 2 and 3 of
section 400.05 of the penal law made by sections three hundred seventy-
seven and three hundred seventy-eight of this act shall expire on July
1, 1992 and upon such date the provisions of such subdivisions shall
revert and shall be read as if the provisions of this act had not been
S. 1508--A 51 A. 2008--A
enacted; the state board of law examiners shall take such action as is
necessary to assure that all applicants for examination for admission to
practice as an attorney and counsellor at law shall pay the increased
examination fee provided for by the amendment made to section 465 of the
judiciary law by section three hundred eighty of this act for any exam-
ination given on or after the effective date of this act notwithstanding
that an applicant for such examination may have prepaid a lesser fee for
such examination as required by the provisions of such section 465 as of
the date prior to the effective date of this act; the provisions of
section 306-a of the civil practice law and rules as added by section
three hundred eighty-one of this act shall apply to all actions pending
on or commenced on or after September 1, 1991, provided, however, that
for the purposes of this section service of such summons made prior to
such date shall be deemed to have been completed on September 1, 1991;
the provisions of section three hundred eighty-three of this act shall
apply to all money deposited in connection with a cash bail or a
partially secured bail bond on or after such effective date; and the
provisions of sections three hundred eighty-four and three hundred
eighty-five of this act shall apply only to jury service commenced
during a judicial term beginning on or after the effective date of this
act; provided, however, that nothing contained herein shall be deemed to
affect the application, qualification, expiration or repeal of any
provision of law amended by any section of this act and such provisions
shall be applied or qualified or shall expire or be deemed repealed in
the same manner, to the same extent and on the same date as the case may
be as otherwise provided by law;
§ 2. Subdivision 8 of section 1809 of the vehicle and traffic law, as
amended by section 13 of part A of chapter 55 of the laws of 2017, is
amended to read as follows:
8. The provisions of this section shall only apply to offenses commit-
ted on or before September first, two thousand [nineteen] TWENTY-ONE.
§ 3. This act shall take effect immediately.
PART P
Section 1. The vehicle and traffic law is amended by adding two new
sections 114-e and 114-f to read as follows:
§ 114-E. LOCALLY AUTHORIZED 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 DOES NOT HAVE A SEAT OR SADDLE, IS
DESIGNED TO TRANSPORT ONE PERSON STANDING ON THE DEVICE AND CAN BE
PROPELLED BY ANY POWER OTHER THAN MUSCULAR POWER. SUCH DEVICE MAY BE
LAWFULLY OPERATED ON PUBLIC HIGHWAYS PURSUANT TO ARTICLE THIRTY-FOUR-D
OF THIS CHAPTER ONLY WITHIN SUCH COUNTIES, CITIES, TOWNS OR VILLAGES
THAT HAVE AUTHORIZED SUCH OPERATION BY LOCAL LAW, ORDINANCE, ORDER, RULE
OR REGULATION.
§ 114-F. LOCALLY AUTHORIZED MOTORCYCLE. 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 AND HAVING A MAXIMUM PERFORM-
ANCE SPEED OF NOT MORE THAN TWENTY MILES PER HOUR. SUCH DEVICE MAY BE
LAWFULLY OPERATED ON PUBLIC HIGHWAYS PURSUANT TO ARTICLE THIRTY-FOUR-E
OF THIS CHAPTER ONLY WITHIN SUCH COUNTIES, CITIES, TOWNS OR VILLAGES
THAT HAVE AUTHORIZED SUCH OPERATION BY LOCAL LAW, ORDINANCE, ORDER, RULE
OR REGULATION.
S. 1508--A 52 A. 2008--A
§ 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) LOCALLY AUTHORIZED SCOOTERS, (A-3) LOCALLY
AUTHORIZED MOTORCYCLES, (b) vehicles which run only upon rails or
tracks, (c) snowmobiles as defined in article forty-seven of this chap-
ter, 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 ambu-
lances. 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-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.
§ 3. The vehicle and traffic law is amended by adding a new article
34-D to read as follows:
ARTICLE 34-D
OPERATION OF LOCALLY AUTHORIZED SCOOTERS
SECTION 1280. EFFECT OF REQUIREMENTS.
1281. TRAFFIC LAWS APPLY TO PERSONS OPERATING LOCALLY AUTHORIZED
SCOOTERS; LOCAL LAWS.
1282. OPERATING LOCALLY AUTHORIZED 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 A LOCALLY
AUTHORIZED SCOOTER WITHOUT REPORTING.
1288. OPERATION OF A LOCALLY AUTHORIZED SCOOTER WHILE UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS.
§ 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 LOCALLY AUTHORIZED
SCOOTERS; LOCAL LAWS. 1. LOCALLY AUTHORIZED SCOOTERS MAY ONLY BE OPER-
ATED 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 LOCALLY AUTHORIZED SCOOTER UPON A HIGH-
WAY 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.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
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 LOCALLY AUTHORIZED
SCOOTERS INCLUDING AUTHORIZING THE USE OF LOCALLY AUTHORIZED SCOOTERS ON
S. 1508--A 53 A. 2008--A
SIDEWALKS, AND LIMITING OR PROHIBITING THE USE THEREOF IN SPECIFIED
AREAS UNDER THE JURISDICTION OF SUCH COUNTY, CITY, TOWN OR VILLAGE.
§ 1282. OPERATING LOCALLY AUTHORIZED SCOOTERS. 1. NO LOCALLY AUTHOR-
IZED SCOOTER SHALL BE USED TO CARRY MORE THAN ONE PERSON AT ONE TIME. NO
PERSON OPERATING A LOCALLY AUTHORIZED SCOOTER SHALL CARRY ANY PERSON AS
A PASSENGER IN A PACK FASTENED TO THE OPERATOR OR FASTENED TO SUCH
SCOOTER.
2. NO PERSON SHALL OPERATE A LOCALLY AUTHORIZED SCOOTER OUTSIDE DURING
THE PERIOD OF TIME BETWEEN ONE-HALF HOUR AFTER SUNSET AND ONE-HALF HOUR
BEFORE SUNRISE UNLESS SUCH PERSON IS WEARING READILY VISIBLE REFLECTIVE
CLOTHING OR MATERIAL WHICH IS OF A LIGHT OR BRIGHT COLOR.
3. NO PERSON OPERATING A LOCALLY AUTHORIZED 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.
4. EVERY PERSON OPERATING A LOCALLY AUTHORIZED SCOOTER SHALL YIELD THE
RIGHT OF WAY TO PEDESTRIANS AND MOTOR VEHICLES.
5. EVERY OPERATOR OF A LOCALLY AUTHORIZED SCOOTER SHALL BE SIXTEEN
YEARS OF AGE OR OLDER.
6. NO PERSON SHALL OPERATE A LOCALLY AUTHORIZED SCOOTER IN EXCESS OF
TWENTY MILES PER HOUR.
7. IF THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE SHALL
AUTHORIZE THE USE OF LOCALLY AUTHORIZED SCOOTERS UPON ANY SIDEWALK, SUCH
AUTHORIZATION SHALL NOT PERMIT THE OPERATION THEREOF AT A SPEED IN
EXCESS OF EIGHT MILES PER HOUR. ADDITIONALLY, IF SUCH AUTHORIZATION IS
GRANTED, NO OPERATOR OF A LOCALLY AUTHORIZED SCOOTER SHALL OVERTAKE A
PEDESTRIAN ON A SIDEWALK UNLESS THERE IS ADEQUATE SPACE FOR THE LOCALLY
AUTHORIZED SCOOTER TO PASS AROUND THE PEDESTRIAN AND WARNING IS GIVEN TO
SUCH PEDESTRIAN THROUGH THE AUDIBLE DEVICE DEFINED IN SUBDIVISION TWO OF
SECTION TWELVE HUNDRED EIGHTY-FIVE OF THIS ARTICLE.
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 A LOCALLY AUTHOR-
IZED 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
LOCALLY AUTHORIZED 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 LOCALLY AUTHOR-
IZED 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 INTER-
FERENCE 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. CONDITIONS TO BE TAKEN INTO CONSIDERATION INCLUDE, BUT
ARE NOT LIMITED TO, FIXED OR MOVING OBJECTS, VEHICLES, BICYCLES, IN-LINE
SKATERS, PEDESTRIANS, ANIMALS, SURFACE HAZARDS AND TRAFFIC LANES TOO
NARROW FOR A LOCALLY AUTHORIZED SCOOTER AND A VEHICLE TO TRAVEL SAFELY
SIDE-BY-SIDE WITHIN THE LANE.
2. PERSONS OPERATING LOCALLY AUTHORIZED SCOOTERS UPON A ROADWAY SHALL
RIDE SINGLE FILE. PERSONS OPERATING LOCALLY AUTHORIZED SCOOTERS UPON A
SHOULDER, BICYCLE OR IN-LINE SKATE LANE, OR BICYCLE OR IN-LINE SKATE
S. 1508--A 54 A. 2008--A
PATH, INTENDED FOR THE USE OF BICYCLES, ELECTRIC PERSONAL ASSISTIVE
MOBILITY DEVICES, LOCALLY AUTHORIZED SCOOTERS, LOCALLY AUTHORIZED MOTOR-
CYCLES OR IN-LINE SKATES MAY RIDE TWO OR MORE ABREAST IF SUFFICIENT
SPACE IS AVAILABLE, EXCEPT THAT WHEN PASSING A VEHICLE, BICYCLE, ELEC-
TRIC PERSONAL ASSISTIVE MOBILITY DEVICE, LOCALLY AUTHORIZED SCOOTER,
PERSON ON IN-LINE SKATES OR PEDESTRIAN STANDING OR PROCEEDING ALONG SUCH
SHOULDER, LANE OR PATH, PERSONS OPERATING LOCALLY AUTHORIZED SCOOTERS
SHALL OPERATE SUCH SCOOTER IN SINGLE FILE.
3. ANY PERSON OPERATING A LOCALLY AUTHORIZED SCOOTER 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.
§ 1285. LAMPS AND OTHER EQUIPMENT. 1. EVERY LOCALLY AUTHORIZED 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.
2. NO PERSON SHALL OPERATE A LOCALLY AUTHORIZED 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 LOCALLY AUTHORIZED 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 SHALL RIDE
UPON, PROPEL OR OTHERWISE OPERATE A LOCALLY AUTHORIZED SCOOTER UNLESS
SUCH PERSON IS WEARING A HELMET MEETING STANDARDS 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.
5. A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
SUBDIVISION ONE 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 OLDER. SUCH
S. 1508--A 55 A. 2008--A
SUMMONS SHALL ONLY BE ISSUED TO SUCH PARENT OR GUARDIAN, AND SHALL NOT
BE ISSUED TO THE PERSON LESS THAN FOURTEEN YEARS OF AGE.
§ 1287. LEAVING THE SCENE OF AN INCIDENT INVOLVING A LOCALLY AUTHOR-
IZED SCOOTER WITHOUT REPORTING. 1. (A) ANY PERSON EIGHTEEN YEARS OF AGE
OR OLDER OPERATING A LOCALLY AUTHORIZED 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 LOCALLY AUTHORIZED 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 OFFI-
CER.
(B) A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A
VIOLATION.
2. (A) ANY PERSON EIGHTEEN YEARS OF AGE OR OLDER OPERATING A LOCALLY
AUTHORIZED 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 LOCALLY AUTHORIZED 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 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.
(B) A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A CLASS
B MISDEMEANOR.
§ 1288. OPERATION OF A LOCALLY AUTHORIZED SCOOTER WHILE UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A) NO
PERSON SHALL OPERATE A LOCALLY AUTHORIZED SCOOTER WHILE HIS OR HER ABIL-
ITY TO OPERATE SUCH LOCALLY AUTHORIZED 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 A LOCALLY AUTHORIZED SCOOTER 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 LOCALLY AUTHORIZED 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 PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISON-
MENT.
(B) NO SUCH PERSON SHALL OPERATE A LOCALLY AUTHORIZED SCOOTER WHILE HE
OR SHE HAS .08 OF ONE PER CENTUM OR MORE BY WEIGHT OF ALCOHOL IN HIS OR
S. 1508--A 56 A. 2008--A
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 LOCALLY AUTHORIZED SCOOTER WHILE HE OR
SHE IS IN AN INTOXICATED CONDITION.
(D) NO PERSON SHALL OPERATE A LOCALLY AUTHORIZED SCOOTER WHILE HIS OR
HER ABILITY TO OPERATE SUCH LOCALLY AUTHORIZED SCOOTER IS IMPAIRED BY
THE USE OF A DRUG AS DEFINED BY SECTION ONE HUNDRED FOURTEEN-A OF THE
THIS CHAPTER.
(E) NO PERSON SHALL OPERATE A LOCALLY AUTHORIZED SCOOTER WHILE HIS OR
HER ABILITY TO OPERATE SUCH LOCALLY AUTHORIZED SCOOTER 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), OR (D), OF THIS SUBDIVISION
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.
(I-A) A VIOLATION OF PARAGRAPH (E) OF THIS SUBDIVISION SHALL BE A
CLASS E FELONY, AND SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE
THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS OR BY A PERIOD OF
IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH FINE AND
IMPRISONMENT.
(II) A PERSON WHO OPERATES A LOCALLY AUTHORIZED SCOOTER 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), 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.
(III) A PERSON WHO OPERATES A LOCALLY AUTHORIZED SCOOTER 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, 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 OR A VIOLATION OF PARAGRAPH (B), (C), (D), (E) OR (F) OF
SUBDIVISION ONE OF THIS SECTION NOR SHALL HE OR SHE IMPOSE A SENTENCE OF
CONDITIONAL 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 PARAGRAPH
(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 PARA-
S. 1508--A 57 A. 2008--A
GRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, THE COURT SHALL CONSIDER
ANY PRIOR CONVICTIONS THE PERSON MAY HAVE FOR A VIOLATION OF ANY SUBDI-
VISION 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 LOCALLY AUTHORIZED SCOOTERS. EVERY
PERSON OPERATING A LOCALLY AUTHORIZED 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 A LOCALLY AUTHORIZED
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 OFFI-
CER. 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 LOCALLY AUTHORIZED
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
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 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 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 LOCALLY AUTHORIZED SCOOTER 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 LOCALLY
AUTHORIZED SCOOTER IN VIOLATION OF ANY PROVISION OF THIS CHAPTER, LOCAL
LAW, ORDINANCE, ORDER, RULE OR REGULATION WHICH REGULATES THE MANNER IN
WHICH A LOCALLY AUTHORIZED SCOOTER 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 SURROUNDING THE CIRCUM-
STANCES OF THE INCIDENT WHICH INDICATES THAT THE OPERATOR HAS BEEN OPER-
ATING A LOCALLY AUTHORIZED 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
S. 1508--A 58 A. 2008--A
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 GIVE 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 LOCALLY AUTHORIZED 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 A LOCALLY AUTHORIZED SCOOTER 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 LOCALLY AUTHORIZED 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 A LOCALLY AUTHOR-
IZED 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
TO SUBMIT TO SUCH A TEST WAS MADE IN ACCORDANCE WITH THE PROVISIONS OF
SUBDIVISION FIVE OF THIS SECTION.
7. LIMITATIONS. (A) A LOCALLY AUTHORIZED SCOOTER OPERATOR MAY BE
CONVICTED OF A VIOLATION OF PARAGRAPHS (A), (B), (D) OR (E) OF SUBDIVI-
SION 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 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 A PLEA OF GUILTY TO ANOTHER CHARGE IN SATISFACTION OF SUCH CHARGE.
§ 4. The vehicle and traffic law is amended by adding a new article
34-E to read as follows:
ARTICLE 34-E
OPERATION OF LOCALLY AUTHORIZED MOTORCYCLES
SECTION 1290. EFFECT OF REQUIREMENTS.
1291. TRAFFIC LAWS APPLY TO PERSONS OPERATING LOCALLY AUTHORIZED
MOTORCYCLES; LOCAL LAWS.
1292. OPERATING LOCALLY AUTHORIZED MOTORCYCLES.
1293. CLINGING TO VEHICLES.
S. 1508--A 59 A. 2008--A
1294. RIDING ON ROADWAYS, SHOULDERS AND LANES RESERVED FOR NON-
MOTORIZED VEHICLES AND DEVICES.
1295. LAMPS AND OTHER EQUIPMENT.
1296. OPERATORS TO WEAR PROTECTIVE HEADGEAR.
1297. LEAVING THE SCENE OF AN INCIDENT INVOLVING A LOCALLY
AUTHORIZED MOTORCYCLE WITHOUT REPORTING.
1298. OPERATION OF A LOCALLY AUTHORIZED MOTORCYCLE WHILE UNDER
THE INFLUENCE OF ALCOHOL OR DRUGS.
§ 1290. 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.
§ 1291. TRAFFIC LAWS APPLY TO PERSONS OPERATING LOCALLY AUTHORIZED
MOTORCYCLES; LOCAL LAWS. 1. LOCALLY AUTHORIZED MOTORCYCLES 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 LOCALLY AUTHORIZED MOTORCYCLE 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.
2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION
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 LOCALLY AUTHORIZED
MOTORCYCLES INCLUDING AUTHORIZING THE USE OF LOCALLY AUTHORIZED MOTORCY-
CLES ON SIDEWALKS, AND LIMITING OR PROHIBITING THE USE THEREOF IN SPECI-
FIED AREAS UNDER THE JURISDICTION OF SUCH COUNTY, CITY, TOWN OR VILLAGE.
§ 1292. OPERATING LOCALLY AUTHORIZED MOTORCYCLES. 1. NO LOCALLY
AUTHORIZED MOTORCYCLE SHALL BE USED TO CARRY MORE THAN ONE PERSON AT ONE
TIME. NO PERSON OPERATING A LOCALLY AUTHORIZED MOTORCYCLE SHALL CARRY
ANY PERSON AS A PASSENGER IN A PACK FASTENED TO THE OPERATOR OR FASTENED
TO SUCH MOTORCYCLE.
2. NO PERSON SHALL OPERATE A LOCALLY AUTHORIZED MOTORCYCLE OUTSIDE
DURING THE PERIOD OF TIME BETWEEN ONE-HALF HOUR AFTER SUNSET AND ONE-
HALF HOUR BEFORE SUNRISE UNLESS SUCH PERSON IS WEARING READILY VISIBLE
REFLECTIVE CLOTHING OR MATERIAL WHICH IS OF A LIGHT OR BRIGHT COLOR.
3. NO PERSON OPERATING A LOCALLY AUTHORIZED MOTORCYCLE 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.
4. EVERY PERSON OPERATING A LOCALLY AUTHORIZED MOTORCYCLE SHALL YIELD
THE RIGHT OF WAY TO PEDESTRIANS AND MOTOR VEHICLES.
5. EVERY OPERATOR OF A LOCALLY AUTHORIZED MOTORCYCLE SHALL BE SIXTEEN
YEARS OF AGE OR OLDER.
6. NO PERSON SHALL OPERATE A LOCALLY AUTHORIZED MOTORCYCLE IN EXCESS
OF TWENTY MILES PER HOUR.
7. IF THE GOVERNING BODY OF ANY COUNTY, CITY, TOWN OR VILLAGE SHALL
AUTHORIZE THE USE OF LOCALLY AUTHORIZED MOTORCYCLES UPON ANY SIDEWALK,
SUCH AUTHORIZATION SHALL NOT PERMIT THE OPERATION THEREOF AT A SPEED IN
EXCESS OF EIGHT MILES PER HOUR. ADDITIONALLY, IF SUCH AUTHORIZATION IS
GRANTED, NO OPERATOR OF A LOCALLY AUTHORIZED MOTORCYCLE SHALL OVERTAKE A
PEDESTRIAN ON A SIDEWALK UNLESS THERE IS ADEQUATE SPACE FOR THE LOCALLY
AUTHORIZED MOTORCYCLE TO PASS AROUND THE PEDESTRIAN AND WARNING IS GIVEN
S. 1508--A 60 A. 2008--A
TO SUCH PEDESTRIAN THROUGH THE AUDIBLE DEVICE DEFINED IN SUBDIVISION TWO
OF SECTION TWELVE HUNDRED NINETY-FIVE OF THIS ARTICLE.
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.
§ 1293. CLINGING TO VEHICLES. 1. NO PERSON OPERATING A LOCALLY AUTHOR-
IZED MOTORCYCLE SHALL ATTACH SUCH MOTORCYCLE, OR HIMSELF OR HERSELF TO
ANY VEHICLE BEING OPERATED UPON A ROADWAY.
2. NO VEHICLE OPERATOR SHALL KNOWINGLY PERMIT ANY PERSON TO ATTACH ANY
LOCALLY AUTHORIZED MOTORCYCLE OR HIMSELF OR HERSELF TO SUCH OPERATOR'S
VEHICLE IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION.
§ 1294. RIDING ON ROADWAYS, SHOULDERS AND LANES RESERVED FOR NON-MO-
TORIZED VEHICLES AND DEVICES. 1. UPON ALL ROADWAYS, ANY LOCALLY AUTHOR-
IZED MOTORCYCLE 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 INTER-
FERENCE 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. CONDITIONS TO BE TAKEN INTO CONSIDERATION INCLUDE, BUT
ARE NOT LIMITED TO, FIXED OR MOVING OBJECTS, VEHICLES, BICYCLES, IN-LINE
SKATERS, PEDESTRIANS, ANIMALS, SURFACE HAZARDS AND TRAFFIC LANES TOO
NARROW FOR A LOCALLY AUTHORIZED MOTORCYCLE AND A VEHICLE TO TRAVEL SAFE-
LY SIDE-BY-SIDE WITHIN THE LANE.
2. PERSONS OPERATING LOCALLY AUTHORIZED MOTORCYCLES UPON A ROADWAY
SHALL RIDE SINGLE FILE. PERSONS OPERATING LOCALLY AUTHORIZED MOTORCY-
CLES UPON A SHOULDER, BICYCLE OR IN-LINE SKATE LANE, OR BICYCLE OR
IN-LINE SKATE PATH, INTENDED FOR THE USE OF BICYCLES, ELECTRIC PERSONAL
ASSISTIVE MOBILITY DEVICES, LOCALLY AUTHORIZED SCOOTER, LOCALLY AUTHOR-
IZED MOTORCYCLES 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, LOCALLY AUTHORIZED
SCOOTER, LOCALLY AUTHORIZED MOTORCYCLES, PERSON ON IN-LINE SKATES OR
PEDESTRIAN STANDING OR PROCEEDING ALONG SUCH SHOULDER, LANE OR PATH,
PERSONS OPERATING LOCALLY AUTHORIZED MOTORCYCLES SHALL OPERATE SUCH
MOTORCYCLE IN SINGLE FILE.
3. ANY PERSON OPERATING A LOCALLY AUTHORIZED MOTORCYCLE WHO IS ENTER-
ING THE ROADWAY FROM A PRIVATE ROAD, DRIVEWAY, ALLEY OR OVER A CURB
SHALL COME TO A FULL STOP BEFORE ENTERING THE ROADWAY.
§ 1295. LAMPS AND OTHER EQUIPMENT. 1. EVERY LOCALLY AUTHORIZED MOTOR-
CYCLE 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.
2. NO PERSON SHALL OPERATE A LOCALLY AUTHORIZED MOTORCYCLE UNLESS IT
IS EQUIPPED WITH A BELL OR OTHER DEVICE CAPABLE OF GIVING A SIGNAL AUDI-
BLE FOR A DISTANCE OF AT LEAST ONE HUNDRED FEET, EXCEPT THAT SUCH MOTOR-
CYCLE SHALL NOT BE EQUIPPED WITH NOR SHALL ANY PERSON USE UPON SUCH
MOTORCYCLE ANY SIREN OR WHISTLE.
3. EVERY LOCALLY AUTHORIZED MOTORCYCLE SHALL EQUIPPED WITH A SYSTEM
THAT ENABLES THE OPERATOR TO BRING THE DEVICE TO A CONTROLLED STOP.
§ 1296. OPERATORS TO WEAR PROTECTIVE HEADGEAR. 1. NO PERSON SHALL RIDE
UPON, PROPEL OR OTHERWISE OPERATE A LOCALLY AUTHORIZED MOTORCYCLE UNLESS
S. 1508--A 61 A. 2008--A
SUCH PERSON IS WEARING A HELMET MEETING STANDARDS 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.
5. A POLICE OFFICER SHALL ONLY ISSUE A SUMMONS FOR A VIOLATION OF
SUBDIVISION ONE 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 OLDER. 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.
§ 1297. LEAVING THE SCENE OF AN INCIDENT INVOLVING A LOCALLY AUTHOR-
IZED MOTORCYCLE WITHOUT REPORTING. 1. (A) ANY PERSON EIGHTEEN YEARS OF
AGE OR OLDER OPERATING A LOCALLY AUTHORIZED MOTORCYCLE 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 LOCALLY AUTHORIZED MOTORCYCLE 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 A LOCALLY
AUTHORIZED MOTORCYCLE 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 LOCALLY AUTHORIZED MOTORCYCLE 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 OFFICER, OR IN THE
EVENT THAT NO POLICE OFFICER IS IN THE VICINITY OF THE PLACE OF SAID
S. 1508--A 62 A. 2008--A
INJURY, THEN SUCH PERSON SHALL REPORT SAID INCIDENT AS SOON AS PHYS-
ICALLY ABLE TO THE NEAREST POLICE STATION OR JUDICIAL OFFICER.
(B) A VIOLATION OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL BE A CLASS
B MISDEMEANOR.
§ 1298. OPERATION OF A LOCALLY AUTHORIZED MOTORCYCLE WHILE UNDER THE
INFLUENCE OF ALCOHOL OR DRUGS. 1. OFFENSES; CRIMINAL PENALTIES. (A) NO
PERSON SHALL OPERATE A LOCALLY AUTHORIZED MOTORCYCLE WHILE HIS OR HER
ABILITY TO OPERATE SUCH LOCALLY AUTHORIZED MOTORCYCLE 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 A LOCALLY AUTHORIZED MOTORCYCLE 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 PENITENTIARY OR COUNTY JAIL OR BY BOTH SUCH FINE AND IMPRISON-
MENT.
(III) A PERSON WHO OPERATES A LOCALLY AUTHORIZED MOTORCYCLE 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 SUCH PERSON SHALL OPERATE A LOCALLY AUTHORIZED MOTORCYCLE 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 LOCALLY AUTHORIZED MOTORCYCLE WHILE HE
OR SHE IS IN AN INTOXICATED CONDITION.
(D) NO PERSON SHALL OPERATE A LOCALLY AUTHORIZED MOTORCYCLE WHILE HIS
OR HER ABILITY TO OPERATE SUCH LOCALLY AUTHORIZED MOTORCYCLE 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 LOCALLY AUTHORIZED MOTORCYCLE WHILE HIS
OR HER ABILITY TO OPERATE SUCH LOCALLY AUTHORIZED MOTORCYCLE 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.
(I-A) A VIOLATION OF PARAGRAPH (E) OF THIS SUBDIVISION SHALL BE A
CLASS E FELONY, AND SHALL BE PUNISHED BY A FINE OF NOT LESS THAN ONE
THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS OR BY A PERIOD OF
IMPRISONMENT AS PROVIDED IN THE PENAL LAW, OR BY BOTH SUCH FINE AND
IMPRISONMENT.
(II) A PERSON WHO OPERATES A LOCALLY AUTHORIZED MOTORCYCLE IN
VIOLATION OF PARAGRAPH (B), (C), (D), OR (E) OF THIS SUBDIVISION AFTER
S. 1508--A 63 A. 2008--A
HAVING BEEN CONVICTED OF A VIOLATION OF PARAGRAPH (B), (C), (D), OR (E),
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.
(III) A PERSON WHO OPERATES A LOCALLY AUTHORIZED MOTORCYCLE 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, 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 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 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 LOCALLY AUTHORIZED MOTORCYCLES.
EVERY PERSON OPERATING A LOCALLY AUTHORIZED MOTORCYCLE 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 LOCALLY
AUTHORIZED MOTORCYCLE IS TO BE PROPERLY OPERATED SHALL, AT THE REQUEST
OF A POLICE OFFICER, SUBMIT TO A BREATH TEST TO BE ADMINISTERED BY THE
S. 1508--A 64 A. 2008--A
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 LOCALLY AUTHORIZED
MOTORCYCLE 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 PARAGRAPH (A), (B), (C), (D) OR (E) OF SUBDI-
VISION 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 LOCALLY AUTHORIZED MOTORCYCLE 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 LOCALLY
AUTHORIZED MOTORCYCLE IN VIOLATION OF ANY PROVISION OF THIS CHAPTER,
LOCAL LAW, ORDINANCE, ORDER, RULE OR REGULATION WHICH REGULATES THE
MANNER IN WHICH A LOCALLY AUTHORIZED MOTORCYCLE 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 LOCALLY AUTHORIZED MOTORCYCLE 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 LOCALLY AUTHORIZED MOTORCYCLE:
(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 LOCALLY AUTHORIZED MOTORCYCLE 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 LOCALLY AUTHORIZED MOTORCYCLE 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
S. 1508--A 65 A. 2008--A
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 LOCALLY AUTHOR-
IZED MOTORCYCLE 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 LOCALLY AUTHORIZED MOTORCYCLE OPERATOR MAY BE
CONVICTED OF A VIOLATION OF PARAGRAPHS (A), (B), (D) OR, (E) OF SUBDIVI-
SION 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 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.
§ 5. This act shall take effect immediately.
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.
S. 1508--A 66 A. 2008--A
§ 3. Subparagraph 1 of paragraph (b) of section 306 of the business
corporation law, as amended by chapter 419 of the laws of 1990, is
amended to read as follows:
(1) Service of process on the secretary of state as agent of a domes-
tic or authorized foreign corporation, OR OTHER BUSINESS ENTITY THAT HAS
DESIGNATED THE SECRETARY OF STATE AS AGENT FOR SERVICE OF PROCESS PURSU-
ANT TO ARTICLE NINE OF THIS CHAPTER, shall be made by [personally deliv-
ering to and leaving with the secretary of state or a deputy, or with
any person authorized by the secretary of state to receive such service,
at the office of the department of state in the city of Albany, dupli-
cate copies of such process together with the statutory fee, which fee
shall be a taxable disbursement] MAILING THE PROCESS AND NOTICE OF
SERVICE THEREOF BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO SUCH
CORPORATION OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS ON FILE
IN THE DEPARTMENT OF STATE SPECIFIED FOR THIS PURPOSE. IF A DOMESTIC OR
AUTHORIZED FOREIGN CORPORATION HAS NO SUCH ADDRESS ON FILE IN THE
DEPARTMENT OF STATE, THE PROCESS AND NOTICE OF SERVICE THEREOF SHALL BE
MAILED, IN THE CASE OF A DOMESTIC CORPORATION, IN CARE OF ANY DIRECTOR
NAMED IN ITS CERTIFICATE OF INCORPORATION AT THE DIRECTOR'S ADDRESS
STATED THEREIN OR, IN THE CASE OF AN AUTHORIZED FOREIGN CORPORATION, TO
SUCH CORPORATION AT THE ADDRESS OF ITS OFFICE WITHIN THIS STATE ON FILE
IN THE DEPARTMENT. ON THE SAME DAY THAT SUCH PROCESS IS MAILED, A DUPLI-
CATE COPY OF SUCH PROCESS AND PROOF OF MAILING TOGETHER WITH THE STATU-
TORY FEE, WHICH FEE SHALL BE A TAXABLE DISBURSEMENT, SHALL BE PERSONALLY
DELIVERED TO AND LEFT WITH THE SECRETARY OF STATE OR A DEPUTY, OR WITH
ANY PERSON AUTHORIZED BY THE SECRETARY OF STATE TO RECEIVE SUCH SERVICE,
AT THE OFFICE OF THE DEPARTMENT OF STATE IN THE CITY OF ALBANY. PROOF OF
MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service
of process on such corporation OR OTHER BUSINESS ENTITY shall be
complete when the secretary of state is so served. [The secretary of
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
S. 1508--A 67 A. 2008--A
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.
§ 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.
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§ 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;
§ 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
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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.
§ 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
S. 1508--A 70 A. 2008--A
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
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
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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:
§ 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
S. 1508--A 72 A. 2008--A
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
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
S. 1508--A 73 A. 2008--A
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:
§ 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
S. 1508--A 74 A. 2008--A
§ 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 OR A PERSON shall mail a copy of process served upon [him or
her] THE SECRETARY OF STATE as agent of a domestic limited liability
company or a foreign limited liability company shall continue until the
filing of a certificate under this chapter directing the mailing to a
different post office address.
[(e)] (D) (1) Except as otherwise provided in this subdivision, every
limited liability company to which this chapter applies, shall biennial-
ly in the calendar month during which its articles of organization or
application for authority were filed, or effective date thereof if stat-
ed, file on forms prescribed by the secretary of state, a statement
setting forth the post office address within or without this state to
which [the secretary of state] A PERSON shall mail a copy of any process
accepted against it served upon [him or her] THE SECRETARY OF STATE.
Such address shall supersede any previous address on file with the
department of state for this purpose.
(2) The commissioner of taxation and finance and the secretary of
state may agree to allow limited liability companies to include the
statement specified in paragraph one of this subdivision on tax reports
filed with the department of taxation and finance in lieu of biennial
statements and in a manner prescribed by the commissioner of taxation
and finance. If this agreement is made, starting with taxable years
beginning on or after January first, two thousand sixteen, each limited
liability company required to file the statement specified in paragraph
one of this subdivision that is subject to the filing fee imposed by
paragraph three of subsection (c) of section six hundred fifty-eight of
the tax law shall provide such statement annually on its filing fee
payment form filed with the department of taxation and finance in lieu
of filing a statement under this section with the department of state.
However, each limited liability company required to file a statement
under this section must continue to file the biennial statement required
by this section with the department of state until the limited liability
company in fact has filed a filing fee payment form with the department
of taxation and finance that includes all required information. After
that time, the limited liability company shall continue to provide annu-
ally the statement specified in paragraph one of this subdivision on its
filing fee payment form in lieu of the biennial statement required by
this subdivision.
(3) If the agreement described in paragraph two of this subdivision is
made, the department of taxation and finance shall deliver to the
department of state the statement specified in paragraph one of this
subdivision contained on filing fee payment forms. The department of
taxation and finance must, to the extent feasible, also include the
current name of the limited liability company, department of state iden-
tification number for such limited liability company, the name, signa-
ture and capacity of the signer of the statement, name and street
address of the filer of the statement, and the email address, if any, of
the filer of the statement.
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§ 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
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
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LIABILITY COMPANY OR OTHER BUSINESS ENTITY, AT THE POST OFFICE ADDRESS
ON FILE IN THE DEPARTMENT OF STATE SPECIFIED FOR THIS PURPOSE. ON THE
SAME DAY AS SUCH PROCESS IS MAILED, A DUPLICATE COPY OF SUCH PROCESS AND
PROOF OF MAILING shall be [made by] personally [delivering] DELIVERED to
and [leaving] LEFT with the secretary of state or his or her deputy, or
with any person authorized by the secretary of state to receive such
service, at the office of the department of state in the city of Albany,
[duplicate copies of such process] together with the statutory fee,
which fee shall be a taxable disbursement. PROOF OF MAILING SHALL BE BY
AFFIDAVIT OF COMPLIANCE WITH THIS SECTION. Service of process on such
limited liability company OR OTHER BUSINESS ENTITY shall be complete
when the secretary of state is so served. [The secretary of state shall
promptly send one of such copies by certified mail, return receipt
requested, to such limited liability company at the post office address
on file in the department of state specified for that purpose.]
§ 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[,].
S. 1508--A 77 A. 2008--A
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a foreign limited liability company served upon [him or]
THE SECRETARY OF STATE AND/OR the address of the registered agent,
provided such address being changed is the address of a person, partner-
ship [or], corporation OR OTHER LIMITED LIABILITY COMPANY whose address,
as agent, is the address to be changed or who has been designated as
registered agent for such limited liability company may be signed and
delivered to the department of state by such agent. The certificate of
change shall set forth the statements required under subdivision (a) of
this section; that a notice of the proposed change was mailed to the
foreign limited liability company by the party signing the certificate
not less than thirty days prior to the date of delivery to the depart-
ment of state and that such foreign limited liability company has not
objected thereto; and that the party signing the certificate is the
agent of such foreign limited liability company to whose address [the
secretary of state] A PERSON is required to mail copies of process
SERVED ON THE SECRETARY OF STATE or the registered agent, if such be the
case. A certificate signed and delivered under this subdivision shall
not be deemed to effect a change of location of the office of the
foreign limited liability company in whose behalf such certificate is
filed.
§ 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
S. 1508--A 78 A. 2008--A
(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
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
S. 1508--A 79 A. 2008--A
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.
§ 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.
S. 1508--A 80 A. 2008--A
§ 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:
(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
S. 1508--A 81 A. 2008--A
is required to mail copies of process SERVED ON THE SECRETARY OF STATE
or the registered agent, if such be the case. A certificate signed and
delivered under this paragraph shall not be deemed to effect a change of
location of the office of the corporation in whose behalf such certif-
icate is filed.
§ 53. Subparagraph 6 of paragraph (a) and subparagraph 4 of paragraph
(d) of section 1311 of the not-for-profit corporation law are amended to
read as follows:
(6) A post office address, within or without this state, to which [the
secretary of state] A PERSON shall mail a copy of any process against it
served upon [him] THE SECRETARY OF STATE.
(4) The changed post office address, within or without this state, to
which [the secretary of state] A PERSON shall mail a copy of any process
against it served upon [him] THE SECRETARY OF STATE.
§ 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
S. 1508--A 82 A. 2008--A
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
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-
S. 1508--A 83 A. 2008--A
ment. PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH THIS
SECTION. SERVICE OF PROCESS ON SUCH LIMITED PARTNERSHIP OR OTHER BUSI-
NESS ENTITY SHALL BE COMPLETE WHEN THE SECRETARY OF STATE IS SO SERVED.
[(2) The service on the limited partnership is complete when the
secretary of state is so served.
(3) The secretary of state shall promptly send one of such copies by
certified mail, return receipt requested, addressed to the limited part-
nership at the post office address, on file in the department of state,
specified for that purpose.]
(c) The [secretary of state] DEPARTMENT OF STATE shall keep a record
of all process served upon [him] IT under this section and shall record
therein the date of such service [and his action with reference there-
to]. IT SHALL, UPON REQUEST MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE
A CERTIFICATE UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF THE PROCESS
BY AN AUTHORIZED PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE
RECEIPT OF THE STATUTORY FEE. PROCESS SERVED UPON THE SECRETARY OF STATE
UNDER THIS CHAPTER SHALL BE DESTROYED BY 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-
S. 1508--A 84 A. 2008--A
tered agent, or to specify or change the address of its registered
agent. It shall set forth:
(1) the name of the limited partnership, and if it has been changed,
the name under which it was formed;
(2) the date its certificate of limited partnership was filed by the
department of state; and
(3) each change effected thereby.
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a limited partnership served upon [him or] THE SECRETARY
OF STATE AND/OR the address of the registered agent, provided such
address being changed is the address of a person, partnership, LIMITED
LIABILITY CORPORATION or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such limited partnership shall be signed and delivered to the department
of state by such agent. The certificate of change shall set forth the
statements required under subdivision (a) of this section; that a notice
of the proposed change was mailed to the domestic limited partnership by
the party signing the certificate not less than thirty days prior to the
date of delivery to the department of state and that such domestic
limited partnership has not objected thereto; and that the party signing
the certificate is the agent of such limited partnership to whose
address [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited partnership in whose behalf such certificate is filed.
§ 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:
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(1) the name of the foreign limited partnership and, if applicable,
the fictitious name the foreign limited partnership has agreed to use in
this state pursuant to section 121-902 of this article;
(2) the date its application for authority was filed by the department
of state; and
(3) each change effected thereby.
(b) A certificate of change which changes only the post office address
to which [the secretary of state] A PERSON shall mail a copy of any
process against a foreign limited partnership served upon [him or] THE
SECRETARY OF STATE AND/OR the address of the registered agent, provided
such address being changed is the address of a person, partnership,
LIMITED LIABILITY COMPANY or corporation whose address, as agent, is the
address to be changed or who has been designated as registered agent for
such foreign limited partnership shall be signed and delivered to the
department of state by such agent. The certificate of change shall set
forth the statements required under subdivision (a) of this section;
that a notice of the proposed change was mailed to the foreign limited
partnership by the party signing the certificate not less than thirty
days prior to the date of delivery to the department of state and that
such foreign limited partnership has not objected thereto; and that the
party signing the certificate is the agent of such foreign limited part-
nership to whose address [the secretary of state] A PERSON is required
to mail copies of process SERVED ON THE SECRETARY OF STATE or the regis-
tered agent, if such be the case. A certificate signed and delivered
under this subdivision shall not be deemed to effect a change of
location of the office of the limited partnership in whose behalf such
certificate is filed.
§ 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
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[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:
(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;
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(iii) the address, WITHIN THIS STATE, of the principal office of the
foreign limited liability partnership; (iv) the profession or
professions to be practiced by such foreign limited liability partner-
ship and a statement that it is a foreign limited liability partnership
eligible to file a notice under this chapter; (v) a designation of the
secretary of state as agent of the foreign limited liability partnership
upon whom process against it may be served and the post office address
within or without this state, to which [the secretary of state] A PERSON
shall mail a copy of any process against it [or] served upon [it] THE
SECRETARY OF STATE; (vi) if the foreign limited liability partnership is
to have a registered agent, its name and address in this state and a
statement that the registered agent is to be the agent of the foreign
limited liability partnership upon whom process against it may be
served; (vii) a statement that its registration as a limited liability
partnership is effective in the jurisdiction in which it registered as a
limited liability partnership at the time of the filing of such notice;
(viii) a statement that the foreign limited liability partnership is
filing a notice in order to obtain status as a New York registered
foreign limited liability partnership; (ix) if the registration of the
foreign limited liability partnership is to be effective on a date later
than the time of filing, the date, not to exceed sixty days from the
date of filing, of such proposed effectiveness; and (x) any other
matters the foreign limited liability partnership determines to include
in the notice. Such notice shall be accompanied by either (1) a copy of
the last registration or renewal registration (or similar filing), if
any, filed by the foreign limited liability partnership with the juris-
diction where it registered as a limited liability partnership or (2) a
certificate, issued by the jurisdiction where it registered as a limited
liability partnership, substantially to the effect that such foreign
limited liability partnership has filed a registration as a limited
liability partnership which is effective on the date of the certificate
(if such registration, renewal registration or certificate is in a
foreign language, a translation thereof under oath of the translator
shall be attached thereto). Such notice shall also be accompanied by a
fee of two hundred fifty dollars.
§ 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;
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§ 72. Subdivision (i-1) of section 121-1502 of the partnership law, as
added by chapter 448 of the laws of 1998, is amended to read as follows:
(i-1) A certificate of change which changes only the post office
address to which [the secretary of state] A PERSON shall mail a copy of
any process against a New York registered foreign limited liability
partnership served upon [him] THE SECRETARY OF STATE AND/or the address
of the registered agent, provided such address being changed is the
address of a person, partnership, LIMITED LIABILITY COMPANY or corpo-
ration whose address, as agent, is the address to be changed or who has
been designated as registered agent of such registered foreign limited
liability partnership shall be signed and delivered to the department of
state by such agent. The certificate of change shall set forth: (i) the
name of the New York registered foreign limited liability partnership;
(ii) the date of filing of its initial registration or notice statement;
(iii) each change effected thereby; (iv) that a notice of the proposed
change was mailed to the limited liability partnership by the party
signing the certificate not less than thirty days prior to the date of
delivery to the department of state and that such limited liability
partnership has not objected thereto; and (v) that the party signing the
certificate is the agent of such limited liability partnership to whose
address [the secretary of state] A PERSON is required to mail copies of
process SERVED ON THE SECRETARY OF STATE or the registered agent, if
such be the case. A certificate signed and delivered under this subdivi-
sion shall not be deemed to effect a change of location of the office of
the limited liability partnership in whose behalf such certificate is
filed. The certificate of change shall be accompanied by a fee of five
dollars.
§ 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
S. 1508--A 89 A. 2008--A
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
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]
S. 1508--A 90 A. 2008--A
A PERSON shall mail a copy of any process against it served upon [him]
THE SECRETARY OF STATE.
§ 76. Subdivision 7 of section 339-n of the real property law is
REPEALED and subdivisions 8 and 9 are renumbered subdivisions 7 and 8.
§ 76-a. 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
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 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-
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TRATIVE OR OTHERWISE, IN THIS STATE OR IN THE FEDERAL COURTS SITTING IN
OR FOR THIS STATE.
(E) NOTHING IN THIS SECTION SHALL AFFECT THE RIGHT TO SERVE PROCESS IN
ANY OTHER MANNER PERMITTED BY LAW.
(F) THE DEPARTMENT OF STATE SHALL KEEP A RECORD OF EACH PROCESS SERVED
UNDER THIS SECTION, INCLUDING THE DATE OF SERVICE. IT SHALL, UPON
REQUEST, MADE WITHIN TEN YEARS OF SUCH SERVICE, ISSUE A CERTIFICATE
UNDER ITS SEAL CERTIFYING AS TO THE RECEIPT OF PROCESS BY AN AUTHORIZED
PERSON, THE DATE AND PLACE OF SUCH SERVICE AND THE RECEIPT OF THE STATU-
TORY FEE. PROCESS SERVED ON THE SECRETARY OF STATE UNDER THIS SECTION
SHALL BE DESTROYED BY THE DEPARTMENT OF STATE AFTER A PERIOD OF TEN
YEARS FROM SUCH SERVICE.
(G) ANY DESIGNATED POST OFFICE ADDRESS 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.
§ 78. Subdivisions 3 and 4 of section 442-g of the real property law,
as amended by chapter 482 of the laws of 1963, are amended to read as
follows:
3. Service of such process upon the secretary of state shall be made
by personally delivering to and leaving with [him or his] THE SECRETARY
OF STATE OR A deputy, or with any person authorized by the secretary of
state to receive such service, at the office of the department of state
in the city of Albany, [duplicate copies] A COPY of such process AND
PROOF OF MAILING together with a fee of five dollars if the action is
solely for the recovery of a sum of money not in excess of two hundred
dollars and the process is so endorsed, and a fee of ten dollars in any
other action or proceeding, which fee shall be a taxable disbursement.
If such process is served upon behalf of a county, city, town or
village, or other political subdivision of the state, the fee to be paid
to the secretary of state shall be five dollars, irrespective of the
amount involved or the nature of the action on account of which such
service of process is made. [If the cost of registered mail for trans-
mitting a copy of the process shall exceed two dollars, an additional
fee equal to such excess shall be paid at the time of the service of
such process.] PROOF OF MAILING SHALL BE BY AFFIDAVIT OF COMPLIANCE WITH
THIS SECTION. Proof of service shall be by affidavit of compliance with
this subdivision filed by or on behalf of the plaintiff together with
the process, within ten days after such service, with the clerk of the
court in which the action or special proceeding is pending. Service
made as provided in this section shall be complete ten days after such
papers are filed with the clerk of the court and shall have the same
force and validity as if served on him personally within the state and
within the territorial jurisdiction of the court from which the process
issues.
4. The [secretary of state] PERSON SERVING SUCH PROCESS shall [prompt-
ly] send [one of] such [copies] PROCESS by [registered] CERTIFIED mail,
return receipt requested, to the nonresident broker or nonresident
salesman at the post office address of his main office as set forth in
the last application filed by him.
§ 79. Subdivision 2 of section 203 of the tax law, as amended by chap-
ter 100 of the laws of 1964, is amended to read as follows:
S. 1508--A 92 A. 2008--A
2. Every foreign corporation (other than a moneyed corporation)
subject to the provisions of this article, except a corporation having a
certificate of authority [under section two hundred twelve of the gener-
al corporation law] or having authority to do business by virtue of
section thirteen hundred five of the business corporation law, shall
file in the department of state a certificate of designation in its
corporate name, signed and acknowledged by its president or a vice-pre-
sident or its secretary or treasurer, under its corporate seal, desig-
nating the secretary of state as its agent upon whom process in any
action provided for by this article may be served within this state, and
setting forth an address to which [the secretary of state] A PERSON
shall mail a copy of any such process against the corporation which may
be served upon [him] THE SECRETARY OF STATE. In case any such corpo-
ration shall have failed to file such certificate of designation, it
shall be deemed to have designated the secretary of state as its agent
upon whom such process against it may be served; and until a certificate
of designation shall have been filed the corporation shall be deemed to
have directed [the secretary of state] A PERSON SERVING PROCESS to mail
copies of process served upon [him] THE SECRETARY OF STATE to the corpo-
ration at its last known office address within or without the state.
When a certificate of designation has been filed by such corporation
[the secretary of state] A PERSON SERVING PROCESS shall mail copies of
process thereafter served upon [him] THE SECRETARY OF STATE to the
address set forth in such certificate. Any such corporation, from time
to time, may change the address to which [the secretary of state] A
PERSON is directed to mail copies of process, by filing a certificate to
that effect executed, signed and acknowledged in like manner as a
certificate of designation as herein provided. Service of process upon
any such corporation or upon any corporation having a certificate of
authority [under section two hundred twelve of the general corporation
law] or having authority to do business by virtue of section thirteen
hundred five of the business corporation law, in any action commenced at
any time pursuant to the provisions of this article, may be made by
either (1) personally delivering to and leaving with the secretary of
state, a deputy secretary of state or with any person authorized by the
secretary of state to receive such service [duplicate copies] A COPY
thereof at the office of the department of state in the city of Albany,
in which event [the secretary of state] A PERSON SERVING SUCH PROCESS
shall forthwith send by [registered] CERTIFIED mail, return receipt
requested, [one of such copies] A DUPLICATE COPY to the corporation at
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.
§ 80. Section 216 of the tax law, as added by chapter 415 of the laws
of 1944, the opening paragraph as amended by chapter 100 of the laws of
S. 1508--A 93 A. 2008--A
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
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.
S. 1508--A 94 A. 2008--A
§ 81. 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
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
S. 1508--A 95 A. 2008--A
the action is pending within thirty days after such service, and such
service shall be complete ten days after proof thereof is filed.
§ 82. 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 S of chapter 58 of the laws of 2018, 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, [2019]
2020.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after March 31, 2019.
PART S
Section 1. The first undesignated paragraph of subdivision 24-b of
section 10 of the highway law, as amended by chapter 155 of laws of
1985, is amended to read as follows:
Have power, whenever such commissioner of transportation deems it is
necessary as a result of work of construction, reconstruction or mainte-
nance of state highways, to provide for the removal, relocation,
replacement or reconstruction of privately, publicly or cooperatively
owned water, storm and sewer lines and facilities, facilities for the
transmission and/or distribution of communications, power, electricity,
light, heat, gas, crude products, steam and other similar commodities,
municipal utility facilities, or facilities of a corporation organized
pursuant to the transportation corporations law that are located on
privately owned property. NOTWITHSTANDING ANY OTHER PROVISION OF ANY
LAW, THE COMMISSIONER OF TRANSPORTATION MAY ENTER INTO AN AGREEMENT WITH
A FIBER OPTIC UTILITY FOR OCCUPANCY OF THE STATE RIGHT OF WAY, PROVIDED
HOWEVER, ANY PROVIDER OCCUPYING A RIGHT OF WAY IN FULFILLMENT OF A STATE
GRANT AWARD THROUGH THE NEW NY BROADBAND PROGRAM SHALL NOT BE SUBJECT TO
A FEE FOR SUCH OCCUPANCY, AND PROVIDED FURTHER, ANY FEE FOR OCCUPANCY
CHARGED TO A FIBER OPTIC UTILITY SHALL BE PROHIBITED FROM BEING PASSED
THROUGH IN WHOLE OR IN PART AS A FEE, CHARGE, INCREASED SERVICE COST, OR
BY ANY OTHER MEANS BY A FIBER OPTIC UTILITY TO ANY PERSON OR ENTITY THAT
CONTRACTS WITH SUCH FIBER OPTIC UTILITY FOR SERVICE, AND PROVIDED
FURTHER THAT ANY COMPENSATION RECEIVED BY THE STATE PURSUANT TO SUCH
AGREEMENT SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLI-
GATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE
TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE
FINANCE LAW. If such work requires additional property or if it is
necessary that the relocation of such facilities be made to other prop-
erty, he may acquire such property as may be necessary for the purposes
of this subdivision, in the same manner as other property is acquired
for state highway purposes pursuant to this chapter, and he and the
owner of such facilities may enter into a written agreement to convey
such property as deemed necessary for the purposes of this subdivision
to such owner on terms beneficial to the state. The expense of such
S. 1508--A 96 A. 2008--A
removal, relocation, replacement or reconstruction and cost of property
acquisition shall be a proper charge against funds available for the
construction, reconstruction or maintenance of state highways. Except
when such facilities are owned by a corporation organized pursuant to
the transportation corporations law, the work of such removal, relo-
cation, replacement or reconstruction shall be performed by contract in
the same manner as provided for state highways in article three of this
chapter, or, by the use of departmental forces and equipment and of
materials purchased therefor, unless the commissioner of transportation
consents to having the owner of such facilities provide for the work of
such removal, relocation, replacement or reconstruction. In the case
where such facilities are owned by a corporation organized pursuant to
the transportation corporations law, the work of such removal, relo-
cation, replacement or reconstruction shall be provided for by such
corporation unless it consents to having the commissioner of transporta-
tion provide for such work to be performed by contract, in accordance
with specifications provided by such corporation, in the same manner as
provided for state highways in article three of this chapter, or, by the
use of departmental forces and equipment and of materials purchased
therefor. Upon the completion of the work, such facilities shall be
maintained by the owners thereof.
§ 2. The transportation corporations law is amended by adding a new
section 7 to read as follows:
§ 7. AGREEMENT FOR FIBER OPTIC UTILITY OCCUPANCY OF STATE RIGHT OF
WAY. NOTWITHSTANDING ANY OTHER PROVISION OF ANY LAW, THE COMMISSIONER
OF TRANSPORTATION MAY ENTER INTO AN AGREEMENT WITH A FIBER OPTIC UTILITY
FOR OCCUPANCY OF THE STATE RIGHT OF WAY, PROVIDED HOWEVER, ANY PROVIDER
OCCUPYING A RIGHT OF WAY IN FULFILLMENT OF A STATE GRANT AWARD THROUGH
THE NEW NY BROADBAND PROGRAM SHALL NOT BE SUBJECT TO A FEE FOR SUCH
OCCUPANCY, AND PROVIDED FURTHER, ANY FEE FOR OCCUPANCY CHARGED TO A
FIBER OPTIC UTILITY SHALL BE PROHIBITED FROM BEING PASSED THROUGH IN
WHOLE OR IN PART AS A FEE, CHARGE, INCREASED SERVICE COST, OR BY ANY
OTHER MEANS BY A FIBER OPTIC UTILITY TO ANY PERSON OR ENTITY THAT
CONTRACTS WITH SUCH FIBER OPTIC UTILITY FOR SERVICE, AND PROVIDED
FURTHER THAT ANY COMPENSATION RECEIVED BY THE STATE PURSUANT TO SUCH
AGREEMENT SHALL BE DEPOSITED BY THE COMPTROLLER INTO THE SPECIAL OBLI-
GATION RESERVE AND PAYMENT ACCOUNT OF THE DEDICATED HIGHWAY AND BRIDGE
TRUST FUND ESTABLISHED PURSUANT TO SECTION EIGHTY-NINE-B OF THE STATE
FINANCE LAW.
§ 3. This act shall take effect immediately.
PART T
Section 1. Items (a) and (b) of subparagraph (v) of paragraph c of
subdivision 2 and subdivision 9 of section 140 of the transportation
law, items (a) and (b) of subparagraph (v) of paragraph c of subdivision
2 as amended by section 10 of part K of chapter 59 of the laws of 2009
and such paragraph as relettered by section 6 of part G of chapter 58 of
the laws of 2012 and subdivision 9 as amended by chapter 349 of the laws
of 1993, are amended to read as follows:
(a) [A driver who is convicted of violating an out-of-service order as
provided for in the department's safety rules and regulations shall be
guilty of a traffic infraction which shall be punishable by a fine of
not less than two thousand five hundred dollars nor more than four thou-
sand dollars upon the first offense, and upon being found guilty of a
second or subsequent offense within eighteen months by a fine of not
S. 1508--A 97 A. 2008--A
less than five thousand dollars nor more than six thousand dollars.] A
PERSON WHO KNOWINGLY AND WILLFULLY VIOLATES AN OUT-OF-SERVICE ORDER AS
PROVIDED FOR IN THE DEPARTMENT'S SAFETY RULES AND REGULATIONS, OR WHO
KNOWINGLY AND WILLFULLY REMOVES AN OUT-OF-SERVICE STICKER FROM A COMMER-
CIAL MOTOR VEHICLE AS DEFINED BY SECTION FIVE HUNDRED ONE-A OF THE VEHI-
CLE AND TRAFFIC LAW WITHOUT THE AUTHORITY OF THE DEPARTMENT, SHALL BE
GUILTY OF A CLASS D FELONY. UPON MAKING AN ARREST FOR ANY VIOLATION OF
THIS SUBDIVISION, OR PURSUANT TO THE AUTHORITY OF A WARRANT ISSUED UNDER
ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW, AN OFFICER
SHALL REMOVE OR ARRANGE FOR THE REMOVAL OF THE VEHICLE OR VEHICLES USED
IN THE COMMISSION OF THE OFFENSE TO A GARAGE, AUTOMOBILE POUND, OR OTHER
PLACE OF SAFETY WHERE IT SHALL REMAIN IMPOUNDED SUBJECT TO THE
PROVISIONS OF SUBDIVISIONS TWO THROUGH SEVEN OF SECTION FIVE HUNDRED
ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW AND THE VEHICLE SHALL BE ENTERED
INTO THE NEW YORK STATEWIDE POLICE INFORMATION NETWORK AS AN IMPOUNDED
VEHICLE AND THE IMPOUNDING POLICE DEPARTMENT SHALL PROMPTLY NOTIFY THE
OWNER AND THE LOCAL AUTHORITY THAT THE VEHICLE HAS BEEN IMPOUNDED. UPON
CONVICTION AS A SECOND OR SUBSEQUENT OFFENDER AS DESCRIBED HEREIN THE
COURT MAY ORDER FORFEITURE OF ANY RIGHT, TITLE OR INTEREST HELD BY THE
DEFENDANT IN ANY MOTOR VEHICLE USED IN THE COMMISSION OF SUCH OFFENSE.
IN THE ALTERNATIVE, UPON CONVICTION AS A SECOND OR SUBSEQUENT OFFENDER
AS DESCRIBED HEREIN, AN ACTION FOR FORFEITURE MAY BE COMMENCED BY THE
ATTORNEY GENERAL ON BEHALF OF THE COMMISSIONER OR THE CORPORATION COUN-
SEL OR DESIGNEE ON BEHALF OF THE CITY IN ANY SUPERIOR COURT IN THE COUN-
TY OF CONVICTION. THE DEFENDANT SHALL HAVE A RIGHT TO A TRIAL BY JURY ON
ANY ISSUE OF FACT. THE PLAINTIFF IN THE FORFEITURE ACTION SHALL HAVE THE
BURDEN OF PROOF BY CLEAR AND CONVINCING EVIDENCE ON SUCH ISSUES OF FACT.
(b) No person, corporation, limited liability company or business
entity, joint stock association, partnership, or any officer or agent
thereof, shall knowingly allow, require, permit or authorize any person
to operate a commercial motor vehicle as defined by section five hundred
one-a of the vehicle and traffic law during any period in which such
person, such commercial motor vehicle, or such motor carrier operation
has been placed out of service as provided for in the department's safe-
ty rules and regulations and shall be [subject to a fine of not less
than two thousand seven hundred fifty dollars and not more than twenty-
five thousand dollars] GUILTY OF A CLASS D FELONY for any violation
thereof. UPON MAKING AN ARREST FOR ANY VIOLATION OF THIS SUBDIVISION, OR
PURSUANT TO THE AUTHORITY OF A WARRANT ISSUED UNDER ARTICLE SIX HUNDRED
NINETY OF THE CRIMINAL PROCEDURE LAW, AN OFFICER SHALL REMOVE OR ARRANGE
FOR THE REMOVAL OF THE VEHICLE OR VEHICLES USED IN THE COMMISSION OF THE
OFFENSE TO A GARAGE, AUTOMOBILE POUND, OR OTHER PLACE OF SAFETY WHERE
IT SHALL REMAIN IMPOUNDED SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO
THROUGH SEVEN OF SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAF-
FIC LAW AND THE VEHICLE SHALL BE ENTERED INTO THE NEW YORK STATEWIDE
POLICE INFORMATION NETWORK AS AN IMPOUNDED VEHICLE AND THE IMPOUNDING
POLICE DEPARTMENT SHALL PROMPTLY NOTIFY THE OWNER AND THE LOCAL AUTHORI-
TY THAT THE VEHICLE HAS BEEN IMPOUNDED. UPON CONVICTION AS A SECOND OR
SUBSEQUENT OFFENDER AS DESCRIBED HEREIN THE COURT MAY ORDER FORFEITURE
OF ANY RIGHT, TITLE OR INTEREST HELD BY THE DEFENDANT IN ANY MOTOR VEHI-
CLE USED IN THE COMMISSION OF SUCH OFFENSE. IN THE ALTERNATIVE, UPON
CONVICTION AS A SECOND OR SUBSEQUENT OFFENDER AS DESCRIBED HEREIN, AN
ACTION FOR FORFEITURE MAY BE COMMENCED BY THE ATTORNEY GENERAL ON BEHALF
OF THE COMMISSIONER OR THE CORPORATION COUNSEL OR DESIGNEE ON BEHALF OF
THE CITY IN ANY SUPERIOR COURT IN THE COUNTY OF CONVICTION. THE DEFEND-
ANT SHALL HAVE A RIGHT TO A TRIAL BY JURY ON ANY ISSUE OF FACT. THE
S. 1508--A 98 A. 2008--A
PLAINTIFF IN THE FORFEITURE ACTION SHALL HAVE THE BURDEN OF PROOF BY
CLEAR AND CONVINCING EVIDENCE ON SUCH ISSUES OF FACT.
9. (A) If, after notice and opportunity to be heard, the commissioner
shall find that any person is operating in violation of the provisions
of this section, the commissioner may penalize such person pursuant to
subdivision three of section one hundred forty-five of this article. The
commissioner may also notify the commissioner of motor vehicles that
such person is operating in violation of this section and the commis-
sioner of motor vehicles shall thereupon suspend the registration of all
motor vehicles owned or operated by such person, with the exception of
private passenger automobiles, until such time as the commissioner may
give notice that the violation has been satisfactorily adjusted. THE
COMMISSIONER OF MOTOR VEHICLES MAY DIRECT ANY POLICE OFFICER TO SECURE
POSSESSION OF THE VEHICLE PLATES AND TO RETURN THE SAME TO THE COMMIS-
SIONER OF MOTOR VEHICLES. FAILURE OF THE HOLDER OR OF ANY PERSON
POSSESSING THE VEHICLE PLATES TO DELIVER THE VEHICLE PLATES TO ANY
POLICE OFFICER WHO REQUESTS THE SAME PURSUANT TO THIS SUBDIVISION SHALL
BE A CLASS A MISDEMEANOR. The commissioner of motor vehicles shall have
the authority to SUSPEND, REVOKE OR deny a registration or renewal
application to any other person for the same vehicle and may SUSPEND,
REVOKE OR deny a registration or renewal application for any other motor
vehicle registered in the name of the applicant where it has been deter-
mined that such registrant's intent has been to evade the purposes of
this subdivision and where the commissioner of motor vehicles has
reasonable grounds to believe that such registration or renewal will
have the effect of defeating the purposes of this subdivision. The
procedure on any such suspension shall be the same as in the case of a
suspension under the vehicle and traffic law. Operation of any motor
vehicle while under suspension as herein provided BY ANY PERSON WITH
KNOWLEDGE OF THE SUSPENSION shall constitute a class [A misdemeanor] E
FELONY. UPON MAKING AN ARREST OR UPON ISSUING AN APPEARANCE TICKET FOR
OPERATING ANY MOTOR VEHICLE WHILE UNDER SUSPENSION AS HEREIN PROVIDED BY
ANY PERSON WITH KNOWLEDGE OF THE SUSPENSION, OR PURSUANT TO THE AUTHORI-
TY OF A WARRANT ISSUED UNDER ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
PROCEDURE LAW, AN OFFICER SHALL REMOVE OR ARRANGE FOR THE REMOVAL OF THE
VEHICLE OR VEHICLES USED IN THE COMMISSION OF THE OFFENSE TO A GARAGE,
AUTOMOBILE POUND, OR OTHER PLACE OF SAFETY WHERE IT SHALL REMAIN
IMPOUNDED SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO THROUGH SEVEN OF
SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW AND THE
VEHICLE SHALL BE ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION
NETWORK AS AN IMPOUNDED VEHICLE AND THE IMPOUNDING POLICE DEPARTMENT
SHALL PROMPTLY NOTIFY THE OWNER AND THE LOCAL AUTHORITY THAT THE VEHICLE
HAS BEEN IMPOUNDED. UPON CONVICTION AS A SECOND OR SUBSEQUENT OFFENDER
AS DESCRIBED HEREIN THE COURT MAY ORDER FORFEITURE OF ANY RIGHT, TITLE
OR INTEREST HELD BY THE DEFENDANT IN ANY MOTOR VEHICLE USED IN THE
COMMISSION OF SUCH OFFENSE.
(B) WHENEVER THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT
ANY PERSON IS OPERATING IN VIOLATION OF THIS SECTION UNDER CIRCUMSTANCES
THAT ENDANGER THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC, THE COMMIS-
SIONER MAY: (I) IMMEDIATELY SECURE POSSESSION OF THE VEHICLE PLATES AND
NOTIFY THE COMMISSIONER OF MOTOR VEHICLES TO THAT EFFECT, OR WITHOUT
SECURING POSSESSION OF THE VEHICLE PLATES, IMMEDIATELY NOTIFY THE
COMMISSIONER OF MOTOR VEHICLES TO THAT EFFECT, AND THE COMMISSIONER OF
MOTOR VEHICLES SHALL THEREUPON SUSPEND THE REGISTRATION OR REGISTRATIONS
OF ALL MOTOR VEHICLES OWNED OR OPERATED BY SUCH PERSON, EXCEPT PRIVATE
PASSENGER AUTOMOBILES, UNTIL SUCH TIME AS THE COMMISSIONER GIVES NOTICE
S. 1508--A 99 A. 2008--A
THAT THE VIOLATION HAS BEEN SATISFACTORILY ADJUSTED PROVIDED, HOWEVER,
THAT THE COMMISSIONER GIVE NOTICE AND OPPORTUNITY TO BE HEARD WITHIN NOT
MORE THAN THIRTY DAYS OF THE SUSPENSION; AND (II) AFTER NOTICE AND
OPPORTUNITY TO BE HEARD, PENALIZE SUCH PERSON PURSUANT TO SUBDIVISION
THREE OF SECTION ONE HUNDRED FORTY-FIVE OF THIS ARTICLE. WHEN THE REGIS-
TRATION OR REGISTRATIONS OF ANY MOTOR VEHICLE IS SUSPENDED PURSUANT TO
THIS SUBDIVISION, THE COMMISSIONER OF MOTOR VEHICLES MAY DIRECT ANY
POLICE OFFICER TO SECURE POSSESSION OF THE VEHICLE PLATES AND TO RETURN
THE SAME TO THE COMMISSIONER OF MOTOR VEHICLES. FAILURE OF THE HOLDER OR
OF ANY PERSON POSSESSING THE VEHICLE PLATES TO DELIVER TO THE COMMIS-
SIONER OR ANY POLICE OFFICER WHO REQUESTS THE SAME PURSUANT TO THIS
SUBDIVISION SHALL BE A CLASS A MISDEMEANOR. THE COMMISSIONER OF MOTOR
VEHICLES SHALL HAVE THE AUTHORITY TO SUSPEND, REVOKE OR DENY A REGISTRA-
TION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE AND
MAY SUSPEND, REVOKE OR DENY A REGISTRATION OR RENEWAL APPLICATION FOR
ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT WHERE IT
HAS BEEN DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE THE
PURPOSES OF THIS SUBDIVISION AND WHERE THE COMMISSIONER OF MOTOR VEHI-
CLES HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR RENEWAL
WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SECTION. THE
PROCEDURE ON ANY SUCH SUSPENSION OF VEHICLE REGISTRATION SHALL BE THE
SAME AS IN THE CASE OF A SUSPENSION UNDER THE VEHICLE AND TRAFFIC LAW.
OPERATION OF ANY MOTOR VEHICLE WHILE UNDER SUSPENSION AS HEREIN PROVIDED
BY ANY PERSON WITH KNOWLEDGE OF THE SUSPENSION SHALL CONSTITUTE A CLASS
E FELONY. UPON MAKING AN ARREST OR UPON ISSUING AN APPEARANCE TICKET FOR
ANY FELONY VIOLATION OF THIS SUBDIVISION, OR PURSUANT TO THE AUTHORITY
OF A WARRANT ISSUED UNDER ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL
PROCEDURE LAW, AN OFFICER SHALL REMOVE OR ARRANGE FOR THE REMOVAL OF THE
VEHICLE OR VEHICLES USED IN THE COMMISSION OF THE OFFENSE TO A GARAGE,
AUTOMOBILE POUND, OR OTHER PLACE OF SAFETY WHERE IT SHALL REMAIN
IMPOUNDED SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO THROUGH SEVEN OF
SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW AND THE
VEHICLE SHALL BE ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION
NETWORK AS AN IMPOUNDED VEHICLE AND THE IMPOUNDING POLICE DEPARTMENT
SHALL PROMPTLY NOTIFY THE OWNER AND THE LOCAL AUTHORITY THAT THE VEHICLE
HAS BEEN IMPOUNDED. UPON CONVICTION AS A SECOND OR SUBSEQUENT OFFENDER
AS DESCRIBED HEREIN THE COURT MAY ORDER FORFEITURE OF ANY RIGHT, TITLE
OR INTEREST HELD BY THE DEFENDANT IN ANY MOTOR VEHICLE USED IN THE
COMMISSION OF SUCH OFFENSE. IN THE ALTERNATIVE, UPON CONVICTION AS A
SECOND OR SUBSEQUENT OFFENDER AS DESCRIBED HEREIN, AN ACTION FOR FORFEI-
TURE MAY BE COMMENCED BY THE ATTORNEY GENERAL ON BEHALF OF THE COMMIS-
SIONER OR THE CORPORATION COUNSEL OR DESIGNEE ON BEHALF OF THE CITY IN
ANY SUPERIOR COURT IN THE COUNTY OF CONVICTION. THE DEFENDANT SHALL HAVE
A RIGHT TO A TRIAL BY JURY ON ANY ISSUE OF FACT. THE PLAINTIFF IN THE
FORFEITURE ACTION SHALL HAVE THE BURDEN OF PROOF BY CLEAR AND CONVINCING
EVIDENCE ON SUCH ISSUES OF FACT.
§ 2. Section 145 of the transportation law, as added by chapter 635 of
the laws of 1983, subdivision 4 as amended by chapter 349 of the laws of
1993, subdivision 6 as amended by chapter 444 of the laws of 1992, para-
graph (a) of subdivision 7 as amended by chapter 475 of the laws of
1991, and subdivision 8 as added by section 6 of part C of chapter 57 of
the laws of 2014, is amended to read as follows:
§ 145. Penalties and forfeitures for violations. 1. (A) Any certif-
icate or permit may, after a hearing, be suspended, cancelled, revoked
or modified, in whole or in part, for failure to comply with the
provisions of this chapter or with any lawful rule, order or regulation
S. 1508--A 100 A. 2008--A
of the commissioner promulgated hereunder or with any term, condition,
or limitation of such certificate or permit or for failure to render
reasonably continuous service within the scope of the certificate or
permit.
(B) WHENEVER THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT
FAILURE TO COMPLY WITH THE PROVISIONS OF THIS CHAPTER OR WITH ANY LAWFUL
RULE, ORDER OR REGULATION OF THE COMMISSIONER PROMULGATED HEREUNDER OR
WITH ANY TERM, CONDITION, OR LIMITATION OF SUCH CERTIFICATE OR PERMIT
ENDANGERS THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC, THE COMMISSION-
ER MAY IMMEDIATELY SUSPEND, CANCEL, REVOKE, OR MODIFY, IN WHOLE OR IN
PART, ANY CERTIFICATE OR PERMIT ISSUED PURSUANT TO THIS CHAPTER
PROVIDED, HOWEVER, THAT THE COMMISSIONER SHALL GIVE NOTICE AND OPPORTU-
NITY TO BE HEARD WITHIN NOT MORE THAN THIRTY DAYS OF THE SUSPENSION,
CANCELLATION, REVOCATION, OR MODIFICATION OF THE CERTIFICATE OR PERMIT.
2. The commissioner may upon complaint or upon the commissioner's
initiative without complaint institute proceedings to revoke, cancel,
suspend or modify any certificate or permit issued pursuant to this
chapter after a hearing at which the holder of such certificate or
permit and any person making such complaint shall be given an opportu-
nity to be heard. Provided, however, that any order of the commissioner
revoking, cancelling, suspending or modifying any certificate or permit
shall not become effective until thirty days after the serving of notice
thereof upon the holder of such certificate or permit, unless the
commissioner determines that the continued holding of such certificate
or permit for such period would be contrary to the public interest.
Hearings shall be held in such manner and upon such notice as may be
prescribed by rules of the commissioner, but such notice shall be of not
less than ten days and shall state the nature of the complaint. THE
COMMISSIONER MAY, UPON SUSPENSION, CANCELLATION, REVOCATION OR MODIFICA-
TION, IN WHOLE OR IN PART, OF ANY CERTIFICATE OR PERMIT PURSUANT TO
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, NOTIFY THE COMMISSION-
ER OF MOTOR VEHICLES TO THAT EFFECT AND THE COMMISSIONER OF MOTOR VEHI-
CLES SHALL THEREUPON SUSPEND THE REGISTRATION OR REGISTRATIONS OF ALL
MOTOR VEHICLES USED IN THE COMMISSION OF THE OFFENSE OR, UPON SUSPEN-
SION, CANCELLATION, REVOCATION OR MODIFICATION, IN WHOLE OR IN PART, OF
ANY CERTIFICATE OR PERMIT PURSUANT TO PARAGRAPH (B) OF SUBDIVISION ONE
OF THIS SECTION, SUSPEND THE REGISTRATION OR REGISTRATIONS OF ALL MOTOR
VEHICLES OWNED OR OPERATED BY THE HOLDER OF THE REVOKED, CANCELLED,
SUSPENDED OR MODIFIED CERTIFICATE OR PERMIT, EXCEPT PRIVATE PASSENGER
AUTOMOBILES, UNTIL SUCH TIME AS THE COMMISSIONER GIVES NOTICE THAT THE
VIOLATION HAS BEEN SATISFACTORILY ADJUSTED. THE COMMISSIONER OF MOTOR
VEHICLES MAY DIRECT ANY POLICE OFFICER TO SECURE POSSESSION OF THE VEHI-
CLE PLATES AND TO RETURN THE SAME TO THE COMMISSIONER OF MOTOR VEHICLES.
FAILURE OF THE HOLDER OR OF ANY PERSON POSSESSING THE VEHICLE PLATES TO
DELIVER TO ANY POLICE OFFICER WHO REQUESTS THE SAME PURSUANT TO THIS
SUBDIVISION SHALL BE A CLASS A MISDEMEANOR. THE COMMISSIONER OF MOTOR
VEHICLES SHALL HAVE THE AUTHORITY TO SUSPEND, REVOKE OR DENY A REGISTRA-
TION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME VEHICLE AND
MAY SUSPEND, REVOKE OR DENY A REGISTRATION OR RENEWAL APPLICATION FOR
ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLICANT WHERE IT
HAS BEEN DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN TO EVADE THE
PURPOSES OF THIS SECTION AND WHERE THE COMMISSIONER OF MOTOR VEHICLES
HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION OR RENEWAL WILL
HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS SECTION. THE PROCEDURE
ON ANY SUCH SUSPENSION OF VEHICLE REGISTRATION SHALL BE THE SAME AS IN
THE CASE OF A SUSPENSION UNDER THE VEHICLE AND TRAFFIC LAW. OPERATION OF
S. 1508--A 101 A. 2008--A
ANY MOTOR VEHICLE WHILE UNDER SUSPENSION AS HEREIN PROVIDED BY ANY
PERSON WITH KNOWLEDGE OF THE SUSPENSION SHALL CONSTITUTE A CLASS E FELO-
NY. UPON MAKING AN ARREST OR UPON ISSUING AN APPEARANCE TICKET FOR ANY
FELONY VIOLATION OF THIS SUBDIVISION, OR PURSUANT TO THE AUTHORITY OF A
WARRANT ISSUED UNDER ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCE-
DURE LAW, AN OFFICER SHALL REMOVE OR ARRANGE FOR THE REMOVAL OF THE
VEHICLE OR VEHICLES USED IN THE COMMISSION OF THE OFFENSE TO A GARAGE,
AUTOMOBILE POUND, OR OTHER PLACE OF SAFETY WHERE IT SHALL REMAIN
IMPOUNDED SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO THROUGH SEVEN OF
SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW AND THE
VEHICLE SHALL BE ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION
NETWORK AS AN IMPOUNDED VEHICLE AND THE IMPOUNDING POLICE DEPARTMENT
SHALL PROMPTLY NOTIFY THE OWNER AND THE LOCAL AUTHORITY THAT THE VEHICLE
HAS BEEN IMPOUNDED.
3. In addition to, or in lieu of, any sanctions set forth in this
section AND SECTION ONE HUNDRED FORTY OF THIS ARTICLE, the commissioner
may, after [a hearing] NOTICE AND OPPORTUNITY TO BE HEARD, impose a
penalty not to exceed a maximum of [five thousand] TWENTY-FIVE THOUSAND
dollars [in] FOR any one [proceeding] VIOLATION upon any person if the
commissioner finds that such person or officer, agent or employee there-
of has failed to comply with the requirements of this chapter or any
rule, regulation or order of the commissioner promulgated thereunder. If
such penalty is not paid within [four months] THIRTY DAYS, the amount
thereof may be entered as a judgment in the office of the clerk of the
county of Albany and in any other county in which the person resides,
has a place of business or through which it operates. Thereafter, if
said judgment has not been satisfied within ninety days, any certificate
or permit held by any such person may be revoked upon notice but without
a further hearing[. Provided, however, that if a person shall apply for
a rehearing of the determination of the penalty pursuant to the
provisions of section eighty-nine of this chapter, judgment shall not be
entered until a determination has been made on the application for a
rehearing. Further provided however, that if after a rehearing a penal-
ty is imposed and such penalty is not paid within four months of the
date of service of the rehearing decision, the amount of such penalty
may be entered as a judgment in the office of the clerk of the county of
Albany and in any other county in which the person resides, has a place
of business or through which it operates. Thereafter, if said judgment
has not been satisfied within ninety days, any certificate or permit
held by any such person may be revoked upon notice but without a further
hearing.] AND THE COMMISSIONER MAY NOTIFY THE COMMISSIONER OF MOTOR
VEHICLES TO THAT EFFECT AND THE COMMISSIONER OF MOTOR VEHICLES SHALL
THEREUPON SUSPEND THE REGISTRATION OR REGISTRATIONS OF THE MOTOR VEHICLE
OR VEHICLES USED IN THE COMMISSION OF THE UNDERLYING OFFENSE, AND THE
COMMISSIONER MAY DIRECT ANY POLICE OFFICER TO SECURE POSSESSION OF THE
VEHICLE PLATES AND TO RETURN THE SAME TO THE COMMISSIONER OF MOTOR VEHI-
CLES. FAILURE OF THE HOLDER OR OF ANY PERSON POSSESSING THE VEHICLE
PLATES TO DELIVER TO ANY POLICE OFFICER WHO REQUESTS THE SAME PURSUANT
TO THIS SUBDIVISION SHALL BE A CLASS A MISDEMEANOR. THE COMMISSIONER OF
MOTOR VEHICLES SHALL HAVE THE AUTHORITY TO SUSPEND, REVOKE OR DENY A
REGISTRATION OR RENEWAL APPLICATION TO ANY OTHER PERSON FOR THE SAME
VEHICLE AND MAY SUSPEND, REVOKE OR DENY A REGISTRATION OR RENEWAL APPLI-
CATION FOR ANY OTHER MOTOR VEHICLE REGISTERED IN THE NAME OF THE APPLI-
CANT WHERE IT HAS BEEN DETERMINED THAT SUCH REGISTRANT'S INTENT HAS BEEN
TO EVADE THE PURPOSES OF THIS SUBDIVISION AND WHERE THE COMMISSIONER OF
MOTOR VEHICLES HAS REASONABLE GROUNDS TO BELIEVE THAT SUCH REGISTRATION
S. 1508--A 102 A. 2008--A
OR RENEWAL WILL HAVE THE EFFECT OF DEFEATING THE PURPOSES OF THIS
SECTION. THE PROCEDURE ON ANY SUCH SUSPENSION OF VEHICLE REGISTRATION
SHALL BE THE SAME AS IN THE CASE OF A SUSPENSION UNDER THE VEHICLE AND
TRAFFIC LAW. OPERATION OF ANY MOTOR VEHICLE WHILE UNDER SUSPENSION AS
HEREIN PROVIDED BY ANY PERSON WITH KNOWLEDGE OF THE SUSPENSION SHALL
CONSTITUTE A CLASS E FELONY. UPON MAKING AN ARREST OR UPON ISSUING AN
APPEARANCE TICKET FOR OPERATION OF ANY MOTOR VEHICLE WHILE UNDER SUSPEN-
SION AS HEREIN PROVIDED BY ANY PERSON WITH KNOWLEDGE OF THE SUSPENSION,
OR PURSUANT TO THE AUTHORITY OF A WARRANT ISSUED UNDER ARTICLE SIX
HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW, AN OFFICER SHALL REMOVE OR
ARRANGE FOR THE REMOVAL OF THE VEHICLE OR VEHICLES USED IN THE COMMIS-
SION OF THE OFFENSE TO A GARAGE, AUTOMOBILE POUND, OR OTHER PLACE OF
SAFETY WHERE IT SHALL REMAIN IMPOUNDED SUBJECT TO THE PROVISIONS OF
SUBDIVISIONS TWO THROUGH SEVEN OF SECTION FIVE HUNDRED ELEVEN-B OF THE
VEHICLE AND TRAFFIC LAW AND THE VEHICLE SHALL BE ENTERED INTO THE NEW
YORK STATEWIDE POLICE INFORMATION NETWORK AS AN IMPOUNDED VEHICLE AND
THE IMPOUNDING POLICE DEPARTMENT SHALL PROMPTLY NOTIFY THE OWNER AND THE
LOCAL AUTHORITY THAT THE VEHICLE HAS BEEN IMPOUNDED.
4. (A) If after notice and opportunity to be heard, the commissioner
shall find that any person or persons is or are providing transportation
subject to regulation under this chapter without having any certificate
or permit, or is or are holding themselves out to the public by adver-
tising or any other means to provide such transportation without having
any certificate or permit or approval from a city having jurisdiction
pursuant to section eighty of this chapter, the commissioner may notify
the commissioner of motor vehicles to that effect and the commissioner
of motor vehicles shall thereupon suspend the registration or registra-
tions of all motor vehicles owned or operated by such person or persons
except private passenger automobiles until such time as the commissioner
[of transportation] may give notice that the violation has been satis-
factorily adjusted. THE COMMISSIONER OF MOTOR VEHICLES MAY DIRECT ANY
POLICE OFFICER TO SECURE POSSESSION OF THE VEHICLE PLATES AND TO RETURN
THE SAME TO THE COMMISSIONER OF MOTOR VEHICLES. FAILURE OF THE HOLDER OR
OF ANY PERSON POSSESSING THE VEHICLE PLATES TO DELIVER TO ANY POLICE
OFFICER WHO REQUESTS THE SAME PURSUANT TO THIS SUBDIVISION SHALL BE A
CLASS A MISDEMEANOR. The commissioner of motor vehicles shall have the
authority to SUSPEND, REVOKE OR deny a registration or renewal applica-
tion to any other person for the same vehicle and may SUSPEND, REVOKE OR
deny a registration or renewal application for any other motor vehicle
registered in the name of the applicant where it has been determined
that such registrant's intent has been to evade the purposes of this
subdivision and where the commissioner of motor vehicles has reasonable
grounds to believe that such registration or renewal will have the
effect of defeating the purposes of this subdivision. The procedure on
any such suspension shall be the same as in the case of a suspension
under the vehicle and traffic law. Operation of any motor vehicle while
under suspension as herein provided BY ANY PERSON WITH KNOWLEDGE OF THE
SUSPENSION shall constitute a class [A misdemeanor] E FELONY. UPON
MAKING AN ARREST OR UPON ISSUING AN APPEARANCE TICKET FOR ANY FELONY
VIOLATION OF THIS SUBDIVISION, OR PURSUANT TO THE AUTHORITY OF A WARRANT
ISSUED UNDER ARTICLE SIX HUNDRED NINETY OF THE CRIMINAL PROCEDURE LAW,
AN OFFICER SHALL REMOVE OR ARRANGE FOR THE REMOVAL OF THE VEHICLE OR
VEHICLES USED IN THE COMMISSION OF THE OFFENSE TO A GARAGE, AUTOMOBILE
POUND, OR OTHER PLACE OF SAFETY WHERE IT SHALL REMAIN IMPOUNDED SUBJECT
TO THE PROVISIONS OF SUBDIVISIONS TWO THROUGH SEVEN OF SECTION FIVE
HUNDRED ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW AND THE VEHICLE SHALL BE
S. 1508--A 103 A. 2008--A
ENTERED INTO THE NEW YORK STATEWIDE POLICE INFORMATION NETWORK AS AN
IMPOUNDED VEHICLE AND THE IMPOUNDING POLICE DEPARTMENT SHALL PROMPTLY
NOTIFY THE OWNER AND THE LOCAL AUTHORITY THAT THE VEHICLE HAS BEEN
IMPOUNDED.
(B) WHENEVER THE COMMISSIONER HAS REASONABLE GROUNDS TO BELIEVE THAT
ANY PERSON OR PERSONS IS OR ARE PROVIDING TRANSPORTATION SUBJECT TO
REGULATION UNDER THIS CHAPTER WITHOUT HAVING ANY CERTIFICATE OR PERMIT,
OR IS OR ARE HOLDING THEMSELVES OUT TO THE PUBLIC BY ADVERTISING OR ANY
OTHER MEANS TO PROVIDE SUCH TRANSPORTATION WITHOUT HAVING ANY CERTIF-
ICATE OR PERMIT OR APPROVAL FROM A CITY HAVING JURISDICTION PURSUANT TO
SECTION EIGHTY OF THIS CHAPTER, UNDER CIRCUMSTANCES THAT ENDANGER THE
HEALTH, SAFETY, AND WELFARE OF THE PUBLIC, THE COMMISSIONER MAY SECURE
POSSESSION OF VEHICLE PLATES AND IMMEDIATELY NOTIFY THE COMMISSIONER OF
MOTOR VEHICLES TO THAT EFFECT OR WITHOUT SECURING POSSESSION OF THE
VEHICLE PLATES, IMMEDIATELY NOTIFY THE COMMISSIONER OF MOTOR VEHICLES TO
THAT EFFECT AND THE COMMISSIONER OF MOTOR VEHICLES SHALL THEREUPON
SUSPEND THE REGISTRATION OR REGISTRATIONS OF ALL MOTOR VEHICLES OWNED OR
OPERATED BY SUCH PERSON OR PERSONS AS DESCRIBED IN PARAGRAPH (A) OF THIS
SUBDIVISION PROVIDED, HOWEVER, THAT THE COMMISSIONER PROVIDE THE PERSON
OR PERSONS WITH NOTICE AND OPPORTUNITY TO BE HEARD WITHIN NOT MORE THAN
THIRTY DAYS. WHEN THE REGISTRATION OF ANY MOTOR VEHICLE IS SUSPENDED
PURSUANT TO THIS SUBDIVISION, THE COMMISSIONER OF MOTOR VEHICLES MAY
DIRECT ANY POLICE OFFICER TO SECURE POSSESSION OF THE VEHICLE PLATES AND
RETURN THE SAME TO THE COMMISSIONER OF MOTOR VEHICLES. FAILURE OF THE
HOLDER OR OF ANY PERSON POSSESSING THE VEHICLE PLATES TO DELIVER THE
VEHICLE PLATES TO THE COMMISSIONER OR ANY POLICE OFFICER WHO REQUESTS
THE SAME SHALL BE A CLASS A MISDEMEANOR.
5. Any person, whether carrier, passenger, shipper, consignee, or
broker, or any officer, employee, agent or representative thereof, who
shall knowingly offer, grant or give or solicit, accept, or receive any
rebate, concession or discrimination in violation of this chapter, or
who by means of any false statement or representation, or by the use of
any false or fictitious bill, bill of lading, receipt, voucher, roll,
account, claim, certificate, affidavit, deposition, lease or bill of
sale, or by any other means or device, shall knowingly and willfully
assist, suffer or permit any person or persons to obtain transportation
of property or passengers subject to this chapter for less than the
applicable rate, toll or charge, or who, with respect to the transporta-
tion of household goods, shall knowingly or willfully misrepresent the
applicable rate for transportation or the weight of a shipment or the
cost of transportation to the shipper, or who shall knowingly and will-
fully by any such means or otherwise fraudulently seek to evade or
defeat regulation as provided for in this chapter, shall be guilty of a
misdemeanor and upon conviction thereof be fined not more than [five
hundred] TWENTY-FIVE THOUSAND dollars [for the first offense and not
more than two thousand dollars for any subsequent] PER offense.
6. Any person who shall provide transportation for compensation within
the state, or hold himself or herself out to the public by advertising
or any other means to provide such transportation, when such transporta-
tion requires either the permission or approval of the commissioner, or
the permission, approval or franchise of any city having regulatory
jurisdiction over such transportation and who does not possess a valid
permit, certificate or approval for such transportation, from the
commissioner or from such city, OR ATTEMPTS TO DO SO, shall be guilty of
a [traffic infraction punishable by a fine of not less than five hundred
and not more than one thousand dollars for the first offense] MISDEMEA-
S. 1508--A 104 A. 2008--A
NOR PUNISHABLE BY A FINE OF NOT LESS THAN TWENTY-FIVE THOUSAND DOLLARS,
OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY BOTH SUCH FINE AND
IMPRISONMENT. A violation of this subdivision by a person who has previ-
ously been convicted of such offense within five years of the violation
shall be a [misdemeanor and shall be punishable by a fine of not less
than one thousand and not more than twenty-five hundred dollars, or by
imprisonment for not more than sixty days, or by both such fine and
imprisonment] CLASS E FELONY. [Upon conviction as a second or subse-
quent offender as described herein the court may order forfeiture of any
right, title or interest held by the defendant in any motor vehicle used
in the commission of such offense pursuant to the provisions of subdivi-
sion seven of this section.] UPON MAKING AN ARREST OR UPON ISSUING AN
APPEARANCE TICKET FOR ANY FELONY VIOLATION OF THIS SUBDIVISION, OR
PURSUANT TO THE AUTHORITY OF A WARRANT ISSUED UNDER ARTICLE SIX HUNDRED
NINETY OF THE CRIMINAL PROCEDURE LAW, AN OFFICER SHALL REMOVE OR ARRANGE
FOR THE REMOVAL OF THE VEHICLE OR VEHICLES USED IN THE COMMISSION OF THE
OFFENSE TO A GARAGE, AUTOMOBILE POUND, OR OTHER PLACE OF SAFETY WHERE IT
SHALL REMAIN IMPOUNDED SUBJECT TO THE PROVISIONS OF SUBDIVISIONS TWO
THROUGH SEVEN OF SECTION FIVE HUNDRED ELEVEN-B OF THE VEHICLE AND TRAF-
FIC LAW AND THE VEHICLE SHALL BE ENTERED INTO THE NEW YORK STATEWIDE
POLICE INFORMATION NETWORK AS AN IMPOUNDED VEHICLE AND THE IMPOUNDING
POLICE DEPARTMENT SHALL PROMPTLY NOTIFY THE OWNER AND THE LOCAL AUTHORI-
TY THAT THE VEHICLE HAS BEEN IMPOUNDED. In addition to, or in lieu of,
any sanction set forth in this subdivision, the commissioner may, after
a hearing, impose a penalty equal to the gain or profit derived from
transportation services conducted in violation of this subdivision. Any
person holding regulatory authority or a franchise from either the
commissioner or any city having regulatory jurisdiction over such trans-
portation, or any public transportation authority created pursuant to
title nine, eleven, eleven-A, eleven-B, eleven-C or eleven-D of article
five of the public authorities law, who is being adversely affected by a
person providing transportation without having the necessary regulatory
authority or franchise from the commissioner or any such city, may bring
suit in his, her or its own behalf to restrain such person and recover
damages resulting from the actions of such person.
7. (a) Whenever it appears that any person is violating the provisions
of subdivision six of this section, the commissioner acting by the
attorney general, or the city acting by its corporation counsel, or
designee, may bring suit against such person in any court of competent
jurisdiction to restrain such person from continuing such violation. In
any such suit, the court shall have jurisdiction to grant to the commis-
sioner or city without bond or other undertaking, such prohibitory or
mandatory injunctions as the facts may warrant, including temporary
restraining orders and preliminary or permanent injunctions, and to levy
upon the gain or profit that may be subject to a penalty pursuant to
subdivision six of this section. [In cities with a population of one
million or more, the police department shall have the power to issue
summonses for violations of subdivision six of this section and those
summonses shall be adjudicated according to the rules and regulations
set forth in article two-A of the vehicle and traffic law. The hearing
officer responsible for adjudication of any violation of such subdivi-
sion six shall review the record of any person found guilty of violating
such subdivision six to determine whether or not that person has a prior
conviction under such subdivision six. After a review of the record, if
it is found that there has been a prior conviction, the hearing officer
S. 1508--A 105 A. 2008--A
shall refer the matter to the appropriate local criminal court for pros-
ecution under this article.]
(b) [Any person convicted] UPON CONVICTION as a [third] SECOND or
subsequent CRIMINAL offender [as described in] UNDER subdivision TWO,
THREE, FOUR, OR six [shall be subject to a court order divesting him] OF
THIS SECTION THE COURT MAY ORDER FORFEITURE of any right, title or
interest HELD BY THE DEFENDANT in any motor vehicle used in the commis-
sion of the offense. [An] IN THE ALTERNATIVE, UPON CONVICTION AS A
SECOND OR SUBSEQUENT CRIMINAL OFFENDER UNDER SUBDIVISION TWO, THREE,
FOUR, OR SIX OF THIS SECTION, AN action for forfeiture may be commenced
by the attorney general on behalf of the commissioner or the corporation
counsel or designee on behalf of the city in any superior court in the
county of conviction. The defendant shall have a right to a trial by
jury on any issue of fact. The plaintiff in the forfeiture action shall
have the burden of proof by clear and convincing evidence on such issues
of fact.
(c) Any order of forfeiture issued pursuant to this subdivision shall
include provisions for the disposal of the property found to have been
forfeited. Such provisions shall be directed to the attorney general or
corporation counsel or designee as the case may be, and may include, but
are not limited to, an order directing that the property be sold in
accordance with provisions of article fifty-one of the civil practice
law and rules. Net proceeds of the sale shall be paid into the general
fund of the state or city, as the case may be, less all costs and
attendant expenses of seizure, storage and forfeiture, as the case may
be, which shall be paid to the office of the attorney general or corpo-
ration counsel in the appropriate case notwithstanding any other
provisions of law.
8. All penalties charged and collected by the commissioner pursuant to
this section shall be deposited by the comptroller into the special
obligation reserve and payment account of the dedicated highway and
bridge trust fund established pursuant to section [eight-nine-b]
EIGHTY-NINE-B of the state finance law.
§ 3. Subparagraph (iii) of paragraph b of subdivision 2 of section 510
of the vehicle and traffic law, as amended by section 1 of part A of
chapter 58 of the laws of 2018, is amended to read as follows:
(iii) such registrations shall be suspended when necessary to comply
with subdivision nine of section one hundred forty or subdivision TWO,
THREE, OR four of section one hundred forty-five of the transportation
law or with an out of service order issued by the United States depart-
ment of transportation. The commissioner shall have the authority to
SUSPEND, REVOKE OR deny a registration or renewal application to any
other person for the same vehicle and may SUSPEND, REVOKE OR deny a
registration or renewal application for any other motor vehicle regis-
tered in the name of the applicant where it has been determined that
such registrant's intent has been to evade the purposes of this subdivi-
sion 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. Any suspension issued pursuant to this
subdivision by reason of an out of service order issued by the United
States department of transportation shall remain in effect until such
time as the commissioner is notified by the United States department of
transportation or the commissioner of transportation that the order
resulting in the suspension is no longer in effect.
§ 4. The penal law is amended by adding a new section 170.72 to read
as follows:
S. 1508--A 106 A. 2008--A
§ 170.72 TAMPERING WITH A FEDERAL MOTOR VEHICLE SAFETY STANDARD CERTIF-
ICATION LABEL.
A PERSON IS GUILTY OF TAMPERING WITH A FEDERAL MOTOR VEHICLE SAFETY
STANDARD CERTIFICATION LABEL WHEN:
(1) HE OR SHE, WITH INTENT TO DEFRAUD, KNOWINGLY REMOVES, DEFACES,
DESTROYS, COVERS, ALTERS, OR OTHERWISE CHANGES THE FORM OR APPEARANCE OF
A FEDERAL MOTOR VEHICLE SAFETY STANDARD CERTIFICATION LABEL ISSUED IN
ACCORDANCE WITH 49 U.S.C.S. § 30115 AND REGULATIONS PROMULGATED THERE-
UNDER; OR
(2) HE OR SHE, WITH INTENT TO DEFRAUD, AFFIXES A FEDERAL MOTOR VEHICLE
SAFETY STANDARD CERTIFICATION LABEL TO A VEHICLE, EXCEPT IN ACCORDANCE
WITH 49 U.S.C.S. § 30115 AND REGULATIONS PROMULGATED THEREUNDER.
(3) UPON MAKING AN ARREST FOR ANY VIOLATION OF THIS SECTION, AN OFFI-
CER SHALL REMOVE OR ARRANGE FOR THE REMOVAL OF THE VEHICLE OR VEHICLES
USED IN THE COMMISSION OF THE OFFENSE TO A GARAGE, AUTOMOBILE POUND, OR
OTHER PLACE OF SAFETY WHERE IT SHALL REMAIN IMPOUNDED SUBJECT TO THE
PROVISIONS OF SUBDIVISIONS TWO THROUGH SEVEN OF SECTION FIVE HUNDRED
ELEVEN-B OF THE VEHICLE AND TRAFFIC LAW AND THE VEHICLE SHALL BE ENTERED
INTO THE NEW YORK STATEWIDE POLICE INFORMATION NETWORK AS AN IMPOUNDED
VEHICLE AND THE IMPOUNDING POLICE DEPARTMENT SHALL PROMPTLY NOTIFY THE
OWNER AND THE LOCAL AUTHORITY THAT THE VEHICLE HAS BEEN IMPOUNDED. UPON
CONVICTION AS A SECOND OR SUBSEQUENT OFFENDER AS DESCRIBED HEREIN THE
COURT MAY ORDER FORFEITURE OF ANY RIGHT, TITLE OR INTEREST HELD BY THE
DEFENDANT IN ANY MOTOR VEHICLE USED IN THE COMMISSION OF SUCH OFFENSE.
AN ACTION FOR FORFEITURE MAY BE COMMENCED BY THE ATTORNEY GENERAL ON
BEHALF OF THE COMMISSIONER OF MOTOR VEHICLES OR THE CORPORATION COUNSEL
OR DESIGNEE ON BEHALF OF THE CITY IN ANY SUPERIOR COURT IN THE COUNTY OF
CONVICTION. THE DEFENDANT SHALL HAVE A RIGHT TO A TRIAL BY JURY ON ANY
ISSUE OF FACT. THE PLAINTIFF IN THE FORFEITURE ACTION SHALL HAVE THE
BURDEN OF PROOF BY CLEAR AND CONVINCING EVIDENCE ON SUCH ISSUES OF FACT.
TAMPERING WITH A FEDERAL MOTOR VEHICLE SAFETY STANDARD CERTIFICATION
LABEL IS A CLASS D FELONY.
§ 5. The transportation law is amended by adding a new section 144 to
read as follows:
§ 144. FEES AND CHARGES. THE COMMISSIONER OR AUTHORIZED OFFICER OR
EMPLOYEE OF THE DEPARTMENT SHALL CHARGE AND COLLECT ONE HUNDRED TWENTY
DOLLARS FOR THE INSPECTION OR REINSPECTION OF ALL FOR-HIRE MOTOR VEHI-
CLES TRANSPORTING PASSENGERS SUBJECT TO THE DEPARTMENT'S INSPECTION
REQUIREMENTS PURSUANT TO SECTION ONE HUNDRED FORTY OF THIS ARTICLE,
EXCEPT SUCH MOTOR VEHICLES OPERATED UNDER CONTRACT WITH A MUNICIPALITY
TO PROVIDE STATEWIDE MASS TRANSPORTATION OPERATING ASSISTANCE ELIGIBLE
SERVICE; VEHICLES OPERATED UNDER CONTRACT WITH A MUNICIPALITY OR SCHOOL
DISTRICT TO PROVIDE SCHOOL-RELATED TRANSPORTATION SERVICES; OR MOTOR
VEHICLES AUTHORIZED BY THE COMMISSIONER OF HEALTH TO PROVIDE NON-EMER-
GENCY MEDICAL TRANSPORTATION SERVICES. THE DEPARTMENT MAY DENY
INSPECTION OF ANY MOTOR VEHICLE TRANSPORTING PASSENGERS SUBJECT TO THE
DEPARTMENT'S INSPECTION REQUIREMENTS IF SUCH FEE IS NOT PAID WITHIN
NINETY DAYS OF THE DATE NOTED ON THE DEPARTMENT INVOICE.
§ 6. The vehicle and traffic law is amended by adding a new section
121-dd to read as follows:
§ 121-DD. LARGE LIVERY. A LIVERY VEHICLE OR TAXI DESIGNED OR USED TO
TRANSPORT AT LEAST EIGHT BUT FEWER THAN FIFTEEN PASSENGERS, IN ADDITION
TO THE DRIVER, IRRESPECTIVE OF THE MOTOR VEHICLE REGISTRATION CLASS IN
WHICH SUCH VEHICLE IS REGISTERED.
S. 1508--A 107 A. 2008--A
§ 7. Paragraph b of subdivision 1 of section 401 of the vehicle and
traffic law, as amended by chapter 222 of the laws of 1996, is amended
to read as follows:
b. Every owner of a motor vehicle which shall be operated or driven
upon the public highways of this state shall, except as otherwise
expressly provided, cause to be presented, by mail or otherwise, to the
office or a branch office of the commissioner, or to any agent of the
commissioner, constituted as provided in this chapter, an application
for registration addressed to the commissioner, and on a blank to be
prepared under the direction of and furnished by the commissioner for
that purpose, containing: (a) a brief description of the motor vehicle
to be registered, including the name and factory number of such vehicle,
and such other facts as the commissioner shall require; (b) the weight
of the vehicle upon which the registration fee is based if the fee is
based on weight; (c) the name and residence, including county of the
owner of such motor vehicle; (d) provided that, if such motor vehicle is
used or to be used as an omnibus, the applicant also shall so certify,
and in the case of an omnibus also certify as to the seating capacity,
and if the omnibus is to be operated wholly within a municipality pursu-
ant to a franchise other than a franchise express or implied in articles
of incorporation upon certain streets designated in such franchise,
those facts shall also be certified, and a certified copy of such fran-
chise furnished to the commissioner; AND (e) [provided, that, if such
motor vehicle is an altered livery, the applicant shall so furnish a
certified copy of the length of the center panel of such vehicle,
provided, however, that the commissioner shall require such proof, as he
may determine is necessary, in the application for registration and
provided further, if the center panel of such vehicle exceeds one
hundred inches, the commissioner shall require proof that such vehicle
is in compliance with all applicable federal and state motor vehicle
safety standards; and (f)] such additional facts or evidence as the
commissioner may require in connection with the application for regis-
tration. Every owner of a trailer shall also make application for the
registration thereof in the manner herein provided for an application to
register a motor vehicle, but shall contain a statement showing the
manufacturer's number or other identification satisfactory to the
commissioner and no number plate for a trailer issued under the
provisions of subdivision three of section four hundred two of this
[chapter] ARTICLE shall be transferred to or used upon any other trailer
than the one for which number plate is issued. The commissioner shall
require proof, in the application for registration, or otherwise, as
such commissioner may determine, that the motor vehicle for which regis-
tration is applied for is equipped with lights conforming in all
respects to the requirements of this chapter, and no motor vehicle shall
be registered unless it shall appear by such proofs that such motor
vehicle is equipped with proper lights as aforesaid. The said applica-
tion shall contain or be accompanied by such evidence of the ownership
of the motor vehicle described in the application as may be required by
the commissioner or his agent and which, with respect to new vehicles,
shall include, unless otherwise specifically provided by the commission-
er, the manufacturer's statement of origin. Applications received by an
agent of the commissioner shall be forwarded to the commissioner as he
shall direct for filing. No application for registration shall be
accepted unless the applicant is at least sixteen years of age.
§ 8. Section 401 of the vehicle and traffic law is amended by adding
two new subdivisions 22 and 23 to read as follows:
S. 1508--A 108 A. 2008--A
22. THE COMMISSIONER SHALL NOT REGISTER ANY MOTOR VEHICLE THAT FAILS
TO COMPLY, AS DEMONSTRATED TO THE SATISFACTION OF THE COMMISSIONER, WITH
THE CERTIFICATION REQUIREMENTS ESTABLISHED BY 49 C.F.R. PART 567.
23. THE COMMISSIONER SHALL REVOKE THE REGISTRATION OF ANY ALTERED
VEHICLE NOT IN COMPLIANCE WITH 49 C.F.R PART 567, AS DETERMINED BY THE
COMMISSIONER, AND REFUND TO OR CREDIT THE ACCOUNT OF ANY PERSON WHO PAID
A REGISTRATION FEE FOR AN ALTERED VEHICLE, THE PRO RATA UNUSED PORTION
OF SUCH REGISTRATION FEE.
§ 9. The vehicle and traffic law is amended by adding a new section
308-a to read as follows:
§ 308-A. MANDATORY REPORTING. IF ANY MOTOR VEHICLE IS PRESENTED FOR
INSPECTION AT A LICENSED OFFICIAL INSPECTION STATION, AND SUCH VEHICLE
HAS BEEN ALTERED, A VEHICLE COMMONLY REFERRED TO AS A "STRETCH LIMOU-
SINE", SO AS TO ADD SEATING CAPACITY BEYOND THAT PROVIDED BY THE
ORIGINAL MANUFACTURER BY WAY OF AN EXTENDED CHASSIS, LENGTHENED WHEEL
BASE, OR AN ELONGATED SEATING AREA, AND IN THE CASE OF A TRUCK, HAS BEEN
MODIFIED TO TRANSPORT PASSENGERS, SUCH LICENSED OFFICIAL INSPECTION
STATION SHALL REFUSE INSPECTION FOR SUCH VEHICLE AND PROMPTLY REPORT
SUCH VEHICLE TO THE COMMISSIONER IN THE FORM AND MANNER PRESCRIBED BY
THE COMMISSIONER.
§ 10. Section 306 of the vehicle and traffic law is amended by adding
a new subdivision (g) to read as follows:
(G) ANY PERSON WHO SHALL ISSUE A CERTIFICATE OF INSPECTION PROVIDED
FOR IN THIS ARTICLE FOR A MOTOR VEHICLE THAT IS REQUIRED TO OBTAIN
APPROVAL TO OPERATE IN THE STATE AS A COMMON OR CONTRACT CARRIER OF
PASSENGERS BY MOTOR VEHICLE FROM THE COMMISSIONER OF TRANSPORTATION
SHALL BE GUILTY OF A MISDEMEANOR.
§ 11. Subparagraph (iv) of paragraph (b) of subdivision 2 of section
501 of the vehicle and traffic law, as amended by section 4 of part E of
chapter 58 of the laws of 2016, is amended to read as follows:
(iv) P endorsement. Shall be required to operate a bus as defined in
sections one hundred four and five hundred nine-a of this chapter, OR A
LARGE LIVERY AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-DD OF THIS
CHAPTER, or any motor vehicle with a gross vehicle weight or gross vehi-
cle weight rating of more than twenty-six thousand pounds which is
designed to transport passengers in commerce. For the purposes of this
subparagraph the gross vehicle weight of a vehicle shall mean the actual
weight of the vehicle and the load.
§ 12. Subparagraph (iv) of paragraph (a) of subdivision 4 of section
501-a of the vehicle traffic law, as added by chapter 173 of the laws of
1990, is amended to read as follows:
(iv) defined as a bus in subdivision one of section five hundred
nine-a of this chapter, OR AS A LARGE LIVERY IN SECTION ONE HUNDRED
TWENTY-ONE-DD OF THIS CHAPTER; or
§ 13. The vehicle and traffic law is amended by adding a new section
1161-a to read as follows:
§ 1161-A. U-TURNS BY CERTAIN MOTOR VEHICLES PROHIBITED. (1) NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, NO U-TURN SHALL BE PERFORMED BY A
VEHICLE HAVING AN OVERALL LENGTH OF EIGHTEEN FEET OR MORE, A BUS AS
DEFINED IN SECTION ONE HUNDRED FOUR OF THIS CHAPTER, OR A LARGE LIVERY
AS DEFINED IN SECTION ONE HUNDRED TWENTY-ONE-DD OF THIS CHAPTER.
(2) THE PROVISIONS OF THIS SECTION SHALL APPLY UPON PUBLIC HIGHWAYS
AND PRIVATELY OWNED ROADS OPEN TO MOTOR VEHICLE TRAFFIC. IN ADDITION,
THE PROVISIONS OF THIS SECTION SHALL APPLY IRRESPECTIVE OF: (A) WHETHER
THE BUS OR LARGE LIVERY IS CARRYING ANY PASSENGERS; AND (B) THE MOTOR
S. 1508--A 109 A. 2008--A
VEHICLE REGISTRATION CLASS IN WHICH THE BUS OR LARGE LIVERY IS REGIS-
TERED.
(3) ANY VIOLATION OF THE PROVISIONS OF THIS SECTION WHICH RESULTS IN
SERIOUS PHYSICAL INJURY AS DEFINED IN SECTION 10.00 OF THE PENAL LAW,
SHALL BE A CLASS A MISDEMEANOR, PUNISHABLE BY A FINE OF NOT LESS THAN
FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS IN ADDITION TO
ANY OTHER PENALTIES PROVIDED BY LAW. ANY VIOLATION OF THIS SECTION WHICH
RESULTS IN DEATH SHALL BE A CLASS E FELONY PUNISHABLE BY A FINE OF NOT
LESS THAN ONE THOUSAND DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS IN
ADDITION TO ANY OTHER PENALTIES PROVIDED BY LAW.
§ 14. Paragraph (a) of subdivision 4 and subdivision 9 of section
1229-c of the vehicle and traffic law, paragraph (a) of subdivision 4 as
amended by chapter 448 of the laws of 2015 and subdivision 9 as amended
by chapter 340 of the laws of 2017, are amended to read as follows:
(a) "motor vehicle" shall include all motor vehicles which are
required by section three hundred eighty-three of this chapter or regu-
lation or would be required if such motor vehicle were registered in New
York state to be equipped by a safety belt but shall not include those
vehicles which are [used as school buses, as such term is defined in
section one hundred forty-two of this chapter and those vehicles which
are] authorized emergency vehicles, as such term is defined in section
one hundred one of this chapter, provided, however, that for purposes of
this section, "motor vehicle" shall also include fire vehicles owned
and/or operated by a fire company as defined by subdivision two of
section one hundred of the general municipal law and ambulances owned
and/or operated by a voluntary ambulance service as defined by subdivi-
sion three of section one hundred of the general municipal law;
[9. Notwithstanding the provisions of subdivision four of this
section, the provisions of this section shall not apply to buses other
than school buses and the provisions of subdivisions one, two, three and
three-a of this section shall not apply to taxis and liveries.]
§ 15. Subdivision 7 of section 510 of the vehicle and traffic law, as
amended by section 5 of part K of chapter 59 of the laws of 2010, is
amended to read as follows:
7. Miscellaneous provisions. Except as expressly provided, a court
conviction shall not be necessary to sustain a revocation or suspension.
Revocation or suspension hereunder shall be deemed an administrative act
reviewable by the supreme court as such. Notice of revocation or suspen-
sion, as well as any required notice of hearing, where the holder is not
present, may be given by mailing the same in writing to him or her at
the address contained in his or her license, certificate of registration
or at the current address provided by the United States postal service,
as the case may be. Proof of such mailing by certified mail to the hold-
er shall be presumptive evidence of the holder's receipt and actual
knowledge of such notice. Attendance of witnesses may be compelled by
subpoena. Failure of the holder or any other person possessing the
license card or number plates, to deliver the same to the suspending or
revoking officer is a misdemeanor. Suspending or revoking officers shall
place such license cards and number plates in the custody of the commis-
sioner except where the commissioner shall otherwise direct. [If any
person shall fail to deliver a license card or number plates as provided
herein, any] ANY police officer, bridge and tunnel officer of the
Triborough bridge and tunnel authority, THE COMMISSIONER, THE COMMIS-
SIONER OF TRANSPORTATION or agent of [the commissioner] SUCH COMMISSION-
ERS having knowledge of such facts shall have the power to secure
possession thereof and return the same to the commissioner[, and the
S. 1508--A 110 A. 2008--A
commissioner may forthwith direct any police officer, bridge and tunnel
officer of the Triborough bridge and tunnel authority, acting pursuant
to his or her special duties, or agent of the commissioner to secure
possession thereof and to return the same to the commissioner]. Failure
of the holder or of any person possessing the license card or number
plates to deliver to any police officer, bridge and tunnel officer of
the Triborough bridge and tunnel authority, or agent of the commissioner
OF TRANSPORTATION, OR AGENT OF THE COMMISSIONER who requests the same
pursuant to this subdivision shall be a misdemeanor. [Notice of revoca-
tion or suspension of any license or registration shall be transmitted
forthwith by the commissioner to the chief of police of the city or
prosecuting officer of the locality in which the person whose license or
registration so revoked or suspended resides.] In case any license or
registration shall expire before the end of any period for which it has
been revoked or suspended, and before it shall have been restored as
provided in this chapter, then and in that event any renewal thereof may
be withheld until the end of such period of suspension or until restora-
tion, as the case may be.
The revocation of a learner's permit shall automatically cancel the
application for a license of the holder of such permit.
No suspension or revocation of a license or registration shall be made
because of a judgment of conviction if the suspending or revoking offi-
cer is satisfied that the magistrate who pronounced the judgment failed
to comply with subdivision one of section eighteen hundred seven of this
chapter. In case a suspension or revocation has been made and the
commissioner is satisfied that there was such failure, the commissioner
shall restore the license or registration or both as the case may be.
§16. Subdivision 3 of section 1229-c of the vehicle and traffic law,
as added by chapter 365 of the laws of 1984, is amended to read as
follows:
3. No person shall operate a motor vehicle unless such person is
restrained by a safety belt approved by the commissioner. No person
sixteen years of age or over shall be a passenger in [the front seat of]
a motor vehicle unless such person is restrained by a safety belt
approved by the commissioner.
§17. Section 3635-a of the education law, as added by chapter 747 of
the laws of 1986, is repealed.
§ 18. This act shall take effect immediately; provided, however,
section five of this act shall take effect October 1, 2019; and provided
further, however, that sections eleven and twelve of this act shall take
effect on the ninetieth day after they shall have become a law.
PART U
Section 1. Expenditures of moneys appropriated in a chapter of the
laws of 2019 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, 2020, the commissioner of the department of agriculture and
S. 1508--A 111 A. 2008--A
markets shall submit an accounting of such expenses, including, but not
limited to, expenses in the 2019--2020 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. 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
2019 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, 2020, the secretary of state shall submit
an accounting of such expenses, including, but not limited to, expenses
in the 2019--2020 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. 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 commission 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
2019 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, 2020, 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 2019--2020
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. 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
S. 1508--A 112 A. 2008--A
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
2019 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, 2020, the commissioner
of the department of environmental conservation shall submit an account-
ing of such expenses, including, but not limited to, expenses in the
2019--2020 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. No later than August 15, 2021, the commissioner of the
department of environmental conservation 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.
§ 5. Funding for services and expenses of the electric generation
facility cessation mitigation fund for state fiscal year 2019--2020, and
for each state fiscal year thereafter, shall be subject to the
provisions of this section. Notwithstanding any other provision of law
to the contrary, funding provided to the electric generation facility
cessation mitigation fund administered by the urban development corpo-
ration for payment to eligible municipalities shall be deemed expenses
of the department of public service within the meaning of section 18-a
of the public service law. For the 2019--2020 state fiscal year, and for
each state fiscal year thereafter, the electric businesses of public
utilities subject to the commission's regulation, other than munici-
palities, shall pay a total amount not to exceed $10,000,000 to the
urban development corporation for deposit to the electric generation
facility cessation mitigation fund. The bill to each such public utility
shall be $10,000,000 multiplied by the proportion which compares: (1)
the gross operating revenues, over and above five hundred thousand
dollars, for the electric business of such public utility derived from
intrastate utility operations in the last preceding calendar year, or
other twelve month period as determined by the chairman, to: (2) the
total of the gross operating revenues, derived from intrastate utility
operations for the electric businesses of all such public utilities in
the state. No later than August 15, 2020, and August 15 of each year
thereafter, the chair of the public service commission will review an
accounting of the electric generation facility cessation mitigation fund
pursuant to provisions of section 18-a of the public service law.
§ 6. 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,
2020, the commissioner of the department of health shall submit an
S. 1508--A 113 A. 2008--A
accounting of expenses in the 2019--2020 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. No later than
August 15, 2021, the commissioner of the department of health shall
submit an accounting of such expenses, including, but not limited to,
expenses in the 2020--2021 state fiscal year for personal and non-per-
sonal 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.
§ 7. Any expense deemed to be expenses of the department of public
service pursuant to sections one through five 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.
§ 8. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019 and
sections one, two, three, four and six shall be deemed repealed April 1,
2021.
PART V
Section 1. The state finance law is amended by adding a new section
169 to read as follows:
§ 169. NET NEUTRALITY. 1. AS USED HEREIN, "NET NEUTRALITY" SHALL MEAN
THAT AN INTERNET SERVICE PROVIDER WILL NOT BLOCK, THROTTLE, OR PRIOR-
ITIZE INTERNET CONTENT OR APPLICATIONS OR REQUIRE THAT END USERS PAY
DIFFERENT OR HIGHER RATES TO ACCESS SPECIFIC TYPES OF CONTENT OR APPLI-
CATIONS.
2. EACH STATE AGENCY SHALL ENTER INTO CONTRACTS WITH ONLY THOSE INTER-
NET SERVICE PROVIDERS THAT ADHERE TO NET NEUTRALITY PRINCIPLES. EACH
CONTRACT FOR INTERNET SERVICES PROVIDED TO A STATE AGENCY SHALL SPECIF-
ICALLY STATE THAT THE INTERNET SERVICE PROVIDER MAY NOT BLOCK LAWFUL
CONTENT, APPLICATIONS, SERVICES, NON-HARMFUL DEVICES, OR APPLICATIONS
THAT COMPETE WITH OTHER SERVICES PROVIDED BY THE 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
THE CONTRACT CONTAINS SUCH A BINDING AGREEMENT.
§ 2. 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.
§ 3. The public authorities law is amended by adding a new section
2878-c to read as follows:
§ 2878-C. NET NEUTRALITY. 1. AS USED HEREIN, "NET NEUTRALITY" SHALL
MEAN THAT AN INTERNET SERVICE PROVIDER WILL NOT BLOCK, THROTTLE, OR
PRIORITIZE INTERNET CONTENT OR APPLICATIONS OR REQUIRE THAT END USERS
S. 1508--A 114 A. 2008--A
PAY DIFFERENT OR HIGHER RATES TO ACCESS SPECIFIC TYPES OF CONTENT OR
APPLICATIONS.
2. EACH STATE AUTHORITY SHALL ENTER INTO CONTRACTS WITH ONLY THOSE
INTERNET SERVICE PROVIDERS THAT ADHERE TO NET NEUTRALITY PRINCIPLES.
EACH CONTRACT FOR INTERNET SERVICES PROVIDED TO A STATE AUTHORITY SHALL
SPECIFICALLY STATE THAT THE INTERNET SERVICE PROVIDER MAY NOT BLOCK
LAWFUL CONTENT, APPLICATIONS, SERVICES, NON-HARMFUL DEVICES, OR APPLICA-
TIONS THAT COMPETE WITH OTHER SERVICES PROVIDED BY THE INTERNET SERVICE
PROVIDER. ANY CONTRACT OR CONTRACT RENEWAL ENTERED INTO BY A STATE
AUTHORITY SHALL INCLUDE A BINDING AGREEMENT CONSISTENT WITH THE FOREGO-
ING PROVISIONS, AND NO STATE AUTHORITY SHALL ENTER INTO A CONTRACT WITH
AN INTERNET SERVICE PROVIDER, AN AGENT THEREFOR, OR OTHER ENTITY OFFER-
ING TO OR PROCURING ON BEHALF OF THE STATE AUTHORITY INTERNET SERVICES
UNLESS THE CONTRACT CONTAINS SUCH A BINDING AGREEMENT.
§ 4. This act shall take effect immediately.
PART W
Section 1. Expenditures of moneys by the New York state energy
research and development authority for services and expenses of the
energy research, development and demonstration program, including
grants, the energy policy and planning program, the zero emissions vehi-
cle and electric vehicle rebate program, and the Fuel NY program shall
be subject to the provisions of this section. Notwithstanding the
provisions of subdivision 4-a of section 18-a of the public service law,
all moneys committed or expended in an amount not to exceed $19,700,000
shall be reimbursed by assessment against gas corporations, as defined
in subdivision 11 of section 2 of the public service law and electric
corporations as defined in subdivision 13 of section 2 of the public
service law, where such gas corporations and electric corporations have
gross revenues from intrastate utility operations in excess of $500,000
in the preceding calendar year, and the total amount which may be
charged to any gas corporation and any electric corporation shall not
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 2017. 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, 2019 and such amounts shall be paid to
the New York state energy research and development authority on or
before September 10, 2019. Upon receipt, the New York state energy
research and development authority shall deposit such funds in the ener-
gy research and development operating fund established pursuant to
section 1859 of the public authorities law. The New York state energy
research and development authority is authorized and directed to: (1)
transfer $1 million to the state general fund for services and expenses
of the department of environmental conservation, $150,000 to the state
general fund for services and expenses of the department of agriculture
and markets, and $825,000 to the University of Rochester laboratory for
laser energetics from the funds received; and (2) commencing in 2016,
provide to the chair of the public service commission and the director
of the budget and the chairs and secretaries of the legislative fiscal
committees, on or before August first of each year, an itemized record,
certified by the president and chief executive officer of the authority,
or his or her designee, detailing any and all expenditures and commit-
S. 1508--A 115 A. 2008--A
ments ascribable to moneys received as a result of this assessment by
the chair of the department of public service pursuant to section 18-a
of the public service law. This itemized record shall include an item-
ized breakdown of the programs being funded by this section and the
amount committed to each program. The authority shall not commit for
any expenditure, any moneys derived from the assessment provided for in
this section, until the chair of such authority shall have submitted,
and the director of the budget shall have approved, a comprehensive
financial plan encompassing all moneys available to and all anticipated
commitments and expenditures by such authority from any source for the
operations of such authority. Copies of the approved comprehensive
financial plan shall be immediately submitted by the chair to the chairs
and secretaries of the legislative fiscal committees. Any such amount
not committed by such authority to contracts or contracts to be awarded
or otherwise expended by the authority during the fiscal year shall be
refunded by such authority on a pro-rata basis to such gas and/or elec-
tric corporations, in a manner to be determined by the department of
public service, 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, 2019.
PART X
Section 1. Short title. This act shall be known and may be cited as
the "climate leadership act".
§ 2. Legislative findings. The legislature finds and declares that:
1. New York state is on the front lines of the battle against climate
change, recognizing the moral imperative for this generation to protect
the next.
2. New York state has already experienced firsthand the damaging
consequences of a changing climate along with the economic impacts of
increasingly frequent and violent weather.
3. New York state accepts its responsibility to lead the fight to
address climate change, and as the world's thirteenth largest economy,
embraces this responsibility and the need for greater climate action and
leadership.
4. New York state accepts the findings of the United Nations Intergov-
ernmental Panel on Climate Change and the international scientific
community that global temperature must not increase by more than 2
degrees Celsius above preindustrial levels in order to avert the most
damaging effects of a changing climate.
5. New York state is mindful of the federal government's fourth
National Climate Assessment, which predicts that if significant steps
are not taken, the damage from climate change will reduce the size of
the U.S. economy by century's end as a result of severe weather and
natural disasters.
6. New York state is a national and international leader in addressing
climate change and has adopted ambitious policies and initiatives to
dramatically reduce greenhouse gas emissions, including a target to
reduce greenhouse gas emissions by 40% from 1990 levels by 2030, and 80%
from 1990 levels by 2050.
7. New York state is a founding participant in the U.S. Climate Alli-
ance, Regional Greenhouse Gas Initiative, and Zero Emissions Vehicles
Initiative.
S. 1508--A 116 A. 2008--A
8. New York state's Reforming the Energy Vision is a nationally recog-
nized initiative to fundamentally transform the state's energy economy
into one that is increasingly clean, resilient and affordable.
9. New York state's Clean Energy Standard was one of the first
programs in the nation to mandate that 50% of electricity come from
renewable energy sources by 2030.
10. New York state's offshore wind, solar, energy storage, and energy
efficiency targets and programs are leading the nation in propelling the
rapid growth of clean energy industries across the state.
11. New York state is committed to achieving carbon neutrality as soon
as practicable and to ensuring that the transition to a carbon neutral
economy is equitable for all New Yorkers and a transitioning workforce.
12. New York state acknowledges that worsening climate impacts will
disproportionately affect low-income and disadvantaged communities, and
is committed to making systemic changes to address the unequal impacts
of negative environmental burdens on distressed communities and sharing
the burdens and benefits of addressing climate change equitably and
fairly.
13. New York state is committed to ensuring that by the year 2040 one
hundred percent of its electricity is generated by clean sources, that
by 2030 seventy percent of its electricity is generated by renewable
sources and that the state is on a path to becoming carbon neutral econ-
omy-wide as soon as practicable.
§ 3. The energy law is amended by adding a new section 6-105 to read
as follows:
§ 6-105. CLIMATE ACTION COUNCIL AND ROADMAP FOR STATEWIDE CARBON
NEUTRALITY. 1. IT IS HEREBY ESTABLISHED AS STATE POLICY THAT, AS SOON AS
PRACTICABLE, THE STATE MUST SEQUESTER OR OFFSET A GREATER QUANTITY OF
ATMOSPHERIC GREENHOUSE GASES THAN ARE EMITTED WITHIN THE STATE, AND THAT
IN THE CONSIDERATION OF CARBON NEUTRALITY, THE STATE MUST TAKE INTO
ACCOUNT BOTH ATMOSPHERIC CARBON AND GREENHOUSE GAS EMISSIONS AS WELL AS
OFFSETS FROM THE LOCAL SEQUESTRATION OF ATMOSPHERIC CARBON AND GREEN-
HOUSE GASES THROUGH LONG-TERM SINKS AND RESERVOIRS.
2. IN FURTHERANCE OF STATE POLICY PROVIDED IN SUBDIVISION ONE OF THIS
SECTION, THERE IS HEREBY ESTABLISHED A CLIMATE ACTION COUNCIL, WHICH
SHALL CONSIST OF THE FOLLOWING MEMBERS OR THEIR DESIGNEES:
(A) THE COMMISSIONER OF THE STATE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION;
(B) THE PRESIDENT OF THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
(C) THE CHAIR OF THE PUBLIC SERVICE COMMISSION;
(D) THE COMMISSIONER OF LABOR OF THE STATE OF NEW YORK;
(E) THE COMMISSIONER OF THE STATE DEPARTMENT OF TRANSPORTATION;
(F) THE COMMISSIONER OF AGRICULTURE AND MARKETS;
(G) ONE REPRESENTATIVE OF CLEAN ENERGY ASSOCIATIONS;
(H) ONE MEMBER OF AN ORGANIZATION DEDICATED TO ENVIRONMENTAL JUSTICE
ISSUES;
(I) ONE REPRESENTATIVE OF LABOR ORGANIZATIONS; AND
(J) ANY OTHERS AS MAY BE NECESSARY TO CARRY OUT THE DUTIES AND RESPON-
SIBILITIES UNDER THIS SECTION.
THE MEMBERS SPECIFIED IN PARAGRAPHS (G), (H), (I) AND (J) OF THIS
SUBDIVISION SHALL BE PROMPTLY APPOINTED BY THE GOVERNOR, EACH FOR A TERM
OF TWO YEARS, PROVIDED THAT SUCH PERSON'S MEMBERSHIP SHALL CONTINUE
AFTER SUCH TWO YEAR TERM IF REAPPOINTED OR UNTIL A SUCCESSOR IS
APPOINTED.
3. THE CLIMATE ACTION COUNCIL WILL BE CO-CHAIRED BY THE COMMISSIONERS
OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE PRESIDENT OF THE
S. 1508--A 117 A. 2008--A
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY. IT SHALL MEET AS OFTEN AS IS
NECESSARY, BUT NO LESS THAN THREE TIMES PER YEAR, AND UNDER CIRCUM-
STANCES AS ARE APPROPRIATE TO FULFILLING ITS DUTIES UNDER THIS SECTION.
ALL MEMBERS SHALL BE PROVIDED WITH WRITTEN NOTICE REASONABLY IN ADVANCE
OF EACH MEETING WITH DATE, TIME AND LOCATION OF SUCH MEETING.
4. THE CLIMATE ACTION COUNCIL SHALL DEVELOP A ROADMAP OF RECOMMENDA-
TIONS FOR ATTAINING THE STATEWIDE GREENHOUSE GAS EMISSION GOALS OF FORTY
PERCENT REDUCTION FROM 1990 LEVELS BY TWO THOUSAND THIRTY AND CARBON
NEUTRALITY IN ALL SECTORS OF THE ECONOMY WHICH SHALL INFORM THE STATE
ENERGY PLANNING COUNCIL'S ADOPTION OF A STATE ENERGY PLAN IN ACCORDANCE
WITH SECTION 6-104 OF THIS ARTICLE. TO ACCOMMODATE THE WORK OF THE
CLIMATE ACTION COUNCIL, THE STATE ENERGY PLANNING COUNCIL SHALL COMPLETE
THE NEXT STATE ENERGY PLAN REQUIRED BY THIS ARTICLE NO LATER THAN DECEM-
BER THIRTY-FIRST, TWO THOUSAND TWENTY.
5. THE ROADMAP REQUIRED BY SUBDIVISION FOUR OF THIS SECTION SHALL
IDENTIFY AND MAKE RECOMMENDATIONS ON REGULATORY MEASURES, CLEAN ENERGY
PROGRAMS, AND OTHER STATE ACTIONS AND POLICIES THAT WILL ENSURE THE
ATTAINMENT OF STATEWIDE EMISSION REDUCTION AND CARBON NEUTRALITY GOALS.
IN DEVELOPING THE ROADMAP REQUIRED BY SUBDIVISION FOUR OF THIS SECTION
THE COUNCIL SHALL:
(A) RECOGNIZE THE GLOBAL NATURE OF ANTHROPOGENIC CLIMATE CHANGE AND
PRIORITIZE REGIONAL, MULTISTATE AND INTERNATIONAL COLLABORATION AND
ACTION TO DELIVER MAXIMUM IMPACT;
(B) ENGAGE THE STATES IN THE U.S. CLIMATE ALLIANCE ON PATHWAYS TO
ACHIEVING A PROPORTIONAL SHARE OF THE UNITED NATIONS PARIS AGREEMENT
OBJECTIVE TO KEEP GLOBAL ANTHROPOGENIC TEMPERATURE INCREASE TO WELL
BELOW 2 DEGREES CELSIUS WHILE STRIVING TO LIMIT THE INCREASE TO 1.5
DEGREES CELSIUS;
(C) EXPLORE WITH U.S. CLIMATE ALLIANCE STATES REGIONAL MARKET-BASED
PROGRAMS AND INITIATIVES THAT CAN DELIVER ENVIRONMENTAL SUSTAINABILITY
AND CARBON NEUTRALITY IN SUPPORT OF THE PARIS AGREEMENT;
(D) CONSIDER ALL RELEVANT INFORMATION PERTAINING TO GREENHOUSE GAS
EMISSIONS REDUCTION PROGRAMS AMONG STATES IN THE U.S. CLIMATE ALLIANCE
AS WELL AS IN OTHER STATES, REGIONS AND NATIONS;
(E) EVALUATE, USING ECONOMIC MODELS, EMISSION ESTIMATION TECHNIQUES
AND OTHER SCIENTIFIC METHODS, THE POTENTIAL COSTS AND POTENTIAL ECONOMIC
AND NON-ECONOMIC BENEFITS OF TRANSITIONING TO A CARBON-NEUTRAL ECONOMY
ON A STATEWIDE AND MULTISTATE BASIS, TAKING INTO ACCOUNT THE IMPACT ON
CONSUMERS AND ANY REGIONAL VARIATIONS AND MAKE SUCH EVALUATION PUBLICLY
AVAILABLE;
(F) EVALUATE, USING ECONOMIC MODELS, EMISSION ESTIMATION TECHNIQUES
AND OTHER SCIENTIFIC METHODS THE ECONOMIC, ENVIRONMENTAL, AND PUBLIC
HEALTH BENEFITS AND CO-BENEFITS OF GREENHOUSE GAS EMISSIONS REDUCTIONS
ON A STATEWIDE AND MULTISTATE BASIS, TAKING INTO ACCOUNT THE VALUE OF
CARBON, ESTABLISHED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
PURSUANT TO SECTION 75-0107 OF THE ENVIRONMENTAL CONSERVATION LAW, AND
USING ANY OTHER TOOLS THAT THE COUNCIL DEEMS USEFUL AND PERTINENT FOR
THIS ANALYSIS; AND
(G) CONSULT WITH THE ENVIRONMENTAL JUSTICE AND JUST TRANSITION WORKING
GROUP ESTABLISHED PURSUANT TO THIS SECTION, AND OTHER STAKEHOLDERS IDEN-
TIFIED BY THE COUNCIL.
6. THE PROGRAMS AND MEASURES CONSIDERED THE ROADMAP AS REQUIRED BY
SUBDIVISION FOUR OF THIS SECTION MAY INCLUDE:
(A) PERFORMANCE-BASED STANDARDS FOR SOURCES OF GREENHOUSE GAS EMIS-
SIONS, INCLUDING BUT NOT LIMITED TO SOURCES IN THE ELECTRICITY, TRANS-
PORTATION, BUILDING, INDUSTRIAL, COMMERCIAL, AND AGRICULTURAL SECTORS;
S. 1508--A 118 A. 2008--A
(B) MARKET-BASED MECHANISMS TO REDUCE STATEWIDE GREENHOUSE GAS EMIS-
SIONS ON A STATEWIDE AND MULTISTATE BASIS OR EMISSIONS FROM A PARTICULAR
SOURCE CATEGORY OR CATEGORIES, INCLUDING AN EXAMINATION OF THE IMPOSI-
TION OF FEES PER TON OF CARBON DIOXIDE EQUIVALENT EMITTED AND THE IMPO-
SITION OF EMISSIONS CAPS ACCOMPANIED BY A SYSTEM OF TRADABLE EMISSION
ALLOWANCES;
(C) PROGRAMS TO REDUCE EMISSIONS FROM THE ELECTRICITY SECTOR BY TRAN-
SITIONING FROM FOSSIL FUEL-BASED GENERATION TO GENERATION POWERED BY
CLEAN RESOURCES OR ENERGY EFFICIENCY MEASURES TO THE EXTENT PRACTICABLE,
INCLUDING AN ANALYSIS OF TECHNOLOGIES AND OTHER MEASURES THAT SHOULD BE
DEVELOPED TO FACILITATE SUCH TRANSITION;
(D) LAND USE AND TRANSPORTATION PLANNING MEASURES AIMED AT REDUCING
GREENHOUSE GAS EMISSIONS ON A STATEWIDE AND MULTISTATE BASIS;
(E) MEASURES TO PROMOTE THE BENEFICIAL ELECTRIFICATION OF PERSONAL AND
FREIGHT TRANSPORT, AND OTHER STRATEGIES TO REDUCE GREENHOUSE GAS EMIS-
SIONS FROM THE TRANSPORTATION SECTOR;
(F) MEASURES TO ACHIEVE REDUCTIONS IN ENERGY USE IN EXISTING RESIDEN-
TIAL OR COMMERCIAL BUILDINGS, INCLUDING THE BENEFICIAL ELECTRIFICATION
OF WATER AND SPACE HEATING IN BUILDINGS, ESTABLISHING APPLIANCE EFFI-
CIENCY STANDARDS, STRENGTHENING BUILDING ENERGY CODES, REQUIRING ANNUAL
BUILDING ENERGY BENCHMARKING, DISCLOSING ENERGY EFFICIENCY IN HOME
SALES, AND EXPANDING THE ABILITY OF STATE FACILITIES TO UTILIZE PERFORM-
ANCE CONTRACTING;
(G) RECOMMENDATIONS TO AID IN THE TRANSITION OF THE NEW YORK STATE
WORKFORCE AND THE RAPIDLY EMERGING CLEAN ENERGY INDUSTRY;
(H) MEASURES TO ACHIEVE LONG-TERM CARBON SEQUESTRATION AND/OR PROMOTE
BEST MANAGEMENT PRACTICES IN LAND USE, AGRICULTURE AND FORESTRY;
(I) MEASURES TO LIMIT THE USE OF CHEMICALS, SUBSTANCES OR PRODUCTS
THAT CONTRIBUTE TO GLOBAL CLIMATE CHANGE WHEN RELEASED TO THE ATMOS-
PHERE, BUT ARE NOT INTENDED FOR END-USE COMBUSTION;
(J) MECHANISMS TO LIMIT EMISSION LEAKAGE AS DEFINED IN SUBDIVISION
ELEVEN OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW; AND
(K) VERIFIABLE, ENFORCEABLE AND VOLUNTARY EMISSIONS REDUCTION MEAS-
URES.
7. THE COUNCIL SHALL PROVIDE MEANINGFUL OPPORTUNITIES FOR PUBLIC
COMMENT FROM ALL PERSONS WHO WILL BE IMPACTED BY THE ROADMAP REQUIRED BY
SUBDIVISION FOUR OF THIS SECTION, INCLUDING PUBLIC HEARING OPPORTUNITIES
IN ALL REGIONS OF THE STATE, AND SHALL ALLOW AT LEAST ONE HUNDRED TWENTY
DAYS FOR THE SUBMISSION OF PUBLIC COMMENT. THE COUNCIL IS AUTHORIZED TO
CONDUCT ANY PUBLIC HEARINGS ASSOCIATED WITH THE ROADMAP IN CONJUNCTION
WITH PUBLIC HEARINGS REQUIRED FOR THE STATE ENERGY PLAN.
8. THE COUNCIL SHALL TRANSMIT THE ROADMAP REQUIRED BY SUBDIVISION FOUR
OF THIS SECTION TO THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE
TEMPORARY PRESIDENT OF THE SENATE. THE COUNCIL SHALL PREPARE AND SUBMIT
A REPORT, BY DECEMBER THIRTY-FIRST, TWO THOUSAND NINETEEN, AND ANNUALLY
THEREAFTER, UNTIL COMPLETION OF THE ROADMAP REQUIRED BY SUBDIVISION FOUR
OF THIS SECTION, DETAILING THE PROGRESS OF THE COUNCIL AND IDENTIFY ANY
INTERIM RECOMMENDATIONS ON REGULATORY MEASURES, CLEAN ENERGY PROGRAMS,
AND OTHER STATE ACTIONS AND POLICIES THAT WILL ENSURE THE ATTAINMENT OF
STATEWIDE EMISSION REDUCTION AND CARBON NEUTRALITY GOALS.
9. THE COUNCIL MAY CONSULT WITH THE LONG ISLAND POWER AUTHORITY AND
THE POWER AUTHORITY OF THE STATE OF NEW YORK, AND SUCH AUTHORITIES AS
ARE AUTHORIZED TO COOPERATE WITH THE COUNCIL AND PROVIDE INPUT AS
REQUESTED.
10. THE LONG ISLAND POWER AUTHORITY AND THE POWER AUTHORITY OF THE
STATE OF NEW YORK ARE AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE BY
S. 1508--A 119 A. 2008--A
THEIR RESPECTIVE GOVERNING BOARDS, TO MAKE A VOLUNTARY CONTRIBUTION OF
FUNDS TO MITIGATE PART OF THE COST OF DEVELOPMENT OF THE ROADMAP
REQUIRED BY SUBDIVISION FOUR OF THIS SECTION.
11. STAFF SERVICES SHALL BE PERFORMED BY THE DEPARTMENTS OF PUBLIC
SERVICE, ENVIRONMENTAL CONSERVATION, TRANSPORTATION, AGRICULTURE AND
MARKETS, LABOR, AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, AS DIRECTED BY THE COUNCIL. ASSISTANCE SHALL ALSO BE MADE
AVAILABLE, AS REQUESTED BY THE COUNCIL, FROM OTHER AGENCIES, DEPARTMENTS
AND PUBLIC AUTHORITIES OF THE STATE. THE COUNCIL MAY PROVIDE FOR ITS OWN
REPRESENTATION IN ALL ACTIONS OR PROCEEDINGS IN WHICH IT IS A PARTY.
§ 4. The energy law is amended by adding a new section 6-110 to read
as follows:
§ 6-110. ENVIRONMENTAL JUSTICE AND JUST TRANSITION WORKING GROUP. 1.
THERE IS HEREBY ESTABLISHED AN ENVIRONMENTAL JUSTICE AND JUST TRANSITION
WORKING GROUP WHICH SHALL CONSIST OF ADVOCATES FOR ENVIRONMENTAL JUSTICE
AND COMMUNITY LEADERS AND REPRESENTATIVES OF NEW YORK'S WORKFORCE, AND
HAVE EQUAL REPRESENTATION FROM NEW YORK CITY COMMUNITIES, RURAL COMMUNI-
TIES, AND UPSTATE URBAN COMMUNITIES.
2. THE WORKING GROUP SHALL ADVISE THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE DEPART-
MENT OF PUBLIC SERVICE, THE DEPARTMENT OF LABOR, THE CLIMATE ACTION
COUNCIL, AND OTHER AGENCIES AS APPROPRIATE, ON:
(A) THE DEVELOPMENT OF STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS
ESTABLISHED PURSUANT TO SECTION 75-0103 OF THE ENVIRONMENTAL CONSERVA-
TION LAW;
(B) THE PREPARATION OF A ROADMAP FOR REDUCING GREENHOUSE GAS EMIS-
SIONS, PURSUANT TO THE PROCEDURES SET FORTH IN SECTION 6-105 OF THE
ENERGY LAW THAT SHALL IDENTIFY EXISTING CLIMATE CHANGE MITIGATION AND
ADAPTATION EFFORTS AT THE FEDERAL, STATE, AND LOCAL LEVELS AND MAY MAKE
RECOMMENDATIONS REGARDING HOW SUCH POLICIES MAY IMPROVE THE STATE'S
EFFORTS;
(C) THE PREPARATION OF A ROADMAP FOR ADDRESSING ISSUES AND OPPORTU-
NITIES RELATED TO THE TRANSITION OF THE NEW YORK STATE WORKFORCE AND THE
RAPIDLY EMERGING CLEAN ENERGY INDUSTRY; AND
(D) THE TRANSITION OF COMMUNITIES AWAY FROM CONVENTIONAL ENERGY INDUS-
TRIES AND TOWARDS NEW OPPORTUNITIES IN THE CLEAN ENERGY ECONOMY.
§ 5. The energy law is amended by adding a new section 6-112 to read
as follows:
§ 6-112. SUPPLEMENTAL ANALYSIS FOR ONE HUNDRED PERCENT CLEAN ELECTRIC-
ITY. 1. THE BOARD SHALL UNDERTAKE THE FOLLOWING ASSESSMENT TO SUPPLEMENT
INFORMATION FOR FUTURE ENERGY PLANNING: ON OR BEFORE DECEMBER THIRTY-
FIRST, TWO THOUSAND TWENTY-FOUR, AND EVERY FOUR YEARS THEREAFTER, THE
BOARD SHALL INCORPORATE:
(A) ANALYSIS AND RECOMMENDATIONS INTO EACH PLAN SUPPORTING POLICIES
AND ACTIONS THAT WOULD MEET THE STATE'S OBJECTIVE OF ENSURING THAT THE
STATE'S ELECTRICITY DEMAND IS SUPPLIED FROM ONE HUNDRED PERCENT CLEAN
ENERGY RESOURCES BY THE YEAR TWO THOUSAND FORTY IN AN ECONOMICAL AND
TECHNICALLY FEASIBLE MANNER; AND
(B) ANALYSIS AND RECOMMENDATIONS INTO EACH PLAN SUPPORTING POLICIES
AND ACTIONS THAT WOULD ADVANCE THE STATE TOWARD THE OBJECTIVE OF MEETING
THE GREENHOUSE GAS EMISSION REDUCTION LIMITS ESTABLISHED BY THE DEPART-
MENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO SECTION 75-0103 OF THE
ENVIRONMENTAL CONSERVATION LAW.
2. THE BOARD MAY CONSULT WITH THE LONG ISLAND POWER AUTHORITY, THE
POWER AUTHORITY OF THE STATE OF NEW YORK, ANY OTHER STATE AGENCY OR
AUTHORITY, AND THE BULK SYSTEM OPERATOR AS DEEMED NECESSARY BY THE
S. 1508--A 120 A. 2008--A
BOARD, AND ALL STATE AGENCIES AND AUTHORITIES ARE AUTHORIZED TO COOPER-
ATE WITH THE BOARD AND PROVIDE INPUT AS REQUESTED WITH RESPECT TO SUCH
ASSESSMENT.
§ 6. The public service law is amended by adding a new section 77-a to
read as follows:
§ 77-A. NEW YORK STATE CLEAN ENERGY PROGRAM. 1. THE TERM "RENEWABLE
ENERGY SOURCES" WHEN USED IN THIS SECTION SHALL BE DEFINED BY THE
COMMISSION, AND SHALL INCLUDE BUT NOT BE LIMITED TO, AT A MINIMUM, SOLAR
PHOTOVOLTAIC GENERATION, WIND GENERATION, EXISTING HYDROELECTRIC GENER-
ATION AS WELL AS NEW HYDROELECTRIC GENERATION SUBJECT TO AND COMPLIANT
WITH RULES ESTABLISHED BY THE COMMISSION AND GENERATORS THAT USE BIOGAS
OR OTHER BIOFUELS TO GENERATE ELECTRICITY SUBJECT TO AND COMPLIANT WITH
RULES ESTABLISHED BY THE COMMISSION.
2. THE TERM "CLEAN ENERGY SOURCES" WHEN USED IN THIS SECTION SHALL BE
DEFINED BY THE COMMISSION, IN CONSULTATION WITH THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION, AND SHALL INCLUDE ELECTRIC GENERATION THAT
RELEASES ZERO OR DE MINIMIS NET GREENHOUSE GAS EMISSIONS TO THE ATMOS-
PHERE AS A BYPRODUCT OF GENERATING ELECTRICITY, INCLUDING ELECTRICITY
GENERATED BY BIOFUELS THAT ARE DETERMINED BY THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION TO BE CARBON NEUTRAL.
3. WITHIN ONE HUNDRED TWENTY DAYS OF THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSION SHALL COMMENCE A PROCEEDING OR MODIFY AN EXIST-
ING PROCEEDING TO ESTABLISH A CLEAN ENERGY PROGRAM THAT SHALL REQUIRE
THAT NEW YORK STATE LOAD SERVING ENTITIES:
(A) MEET ONE HUNDRED PERCENT OF STATEWIDE ELECTRICAL ENERGY DEMAND
WITH CLEAN ENERGY SOURCES BY THE YEAR TWO THOUSAND FORTY;
(B) MEET SEVENTY PERCENT OF STATEWIDE ELECTRICAL ENERGY DEMAND WITH
RENEWABLE ENERGY SOURCES BY THE YEAR TWO THOUSAND THIRTY; AND
(C) DEMONSTRATE EACH YEAR THAT THE REQUIRED PERCENTAGE OF THEIR ELEC-
TRIC ENERGY DEMAND WAS MET WITH CLEAN AND RENEWABLE ENERGY SOURCES
THROUGH METHODS OR MECHANISMS ESTABLISHED BY THE COMMISSION.
4. THE COMMISSION MAY ESTABLISH MINIMUM ANNUAL PERCENTAGE TARGET
REQUIREMENTS FOR LOAD SERVING ENTITIES FOR EACH YEAR, OR PERIOD OF
YEARS, OF THE PROGRAM. IN ESTABLISHING SUCH PROGRAM, THE COMMISSION
SHALL CONSULT WITH THE LONG ISLAND POWER AUTHORITY, THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, THE POWER AUTHORITY OF THE STATE OF NEW YORK
AND THE NEW YORK ENERGY RESEARCH AND DEVELOPMENT AUTHORITY.
§ 7. Section 1005 of the public authorities law is amended by adding a
new subdivision 26 to read as follows:
26. TO COOPERATE WITH THE PUBLIC SERVICE COMMISSION, THE LONG ISLAND
POWER AUTHORITY AND THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY TO MEET NEW YORK STATE'S CLIMATE CHANGE AND ENVIRONMENTAL
GOALS INCLUDING THOSE ESTABLISHED PURSUANT TO AND CONSISTENT WITH
SECTION SEVENTY-SEVEN-A OF THE PUBLIC SERVICE LAW, SECTION 75-0103 OF
THE ENVIRONMENTAL CONSERVATION LAW AND SECTION 6-105 OF THE ENERGY LAW.
§ 8. Paragraph 1 of subdivision (gg) of section 1020-f of the public
authorities law, as added by section 7 of part A of chapter 173 of the
laws of 2013, is amended to read as follows:
1. The authority in coordination with the service provider, the power
authority of the state of New York and the New York state energy
research and development authority shall, to the extent the authority's
rates are sufficient to provide safe and adequate transmission and
distribution service, and the measures herein, undertake actions to
design and administer renewable energy and energy efficiency measures in
the service area, with the goal of continuing and expanding such meas-
ures that cost-effectively reduce system-wide peak demand, minimize
S. 1508--A 121 A. 2008--A
long-term fuel price risk to rate payers, lower emissions, improve envi-
ronmental quality, INCLUDING THE REQUIREMENTS ESTABLISHED PURSUANT TO
AND CONSISTENT WITH SECTION SEVENTY-SEVEN-A OF THE PUBLIC SERVICE LAW,
SECTION 75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW AND SECTION 6-105
OF THE ENERGY LAW and seek to meet New York state climate change and
environmental goals. Such actions shall also include implementation of
any renewable energy competitive procurement or feed-in-tariff programs
that were approved by the authority as of the effective date of the
chapter of the laws of two thousand thirteen which added this subdivi-
sion.
§ 9. The environmental conservation law is amended by adding a new
article 75 to read as follows:
ARTICLE 75
CLIMATE CHANGE
SECTION 75-0101. DEFINITIONS.
75-0103. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
75-0105. REGULATIONS TO ACHIEVE STATEWIDE GREENHOUSE GAS EMIS-
SIONS REDUCTIONS.
75-0107. VALUE OF CARBON.
§ 75-0101. DEFINITIONS.
FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFINITIONS APPLY:
1. "COUNCIL" MEANS THE CLIMATE ACTION COUNCIL ESTABLISHED PURSUANT TO
SECTION 6-105 OF THE ENERGY LAW.
2. "CARBON DIOXIDE EQUIVALENT" MEANS THE AMOUNT OF CARBON DIOXIDE BY
MASS THAT WOULD PRODUCE THE SAME INTEGRATED RADIATIVE FORCING AS A GIVEN
MASS OF ANOTHER GREENHOUSE GAS OVER A ONE HUNDRED YEAR OR OTHER APPRO-
PRIATE TIME FRAME AFTER EMISSION, AS DETERMINED BY THE DEPARTMENT.
3. "CARBON NEUTRALITY POLICY" MEANS THE STATE POLICY ESTABLISHED
PURSUANT TO SUBDIVISION ONE OF SECTION 6-105 OF THE ENERGY LAW.
4. "CARBON NEUTRALITY ROADMAP" MEANS THE ROADMAP FOR STATEWIDE CARBON
NEUTRALITY PREPARED BY THE CLIMATE ACTION COUNCIL PURSUANT TO SECTION
6-105 OF THE ENERGY LAW.
5. "CLIMATE ACTION COUNCIL" MEANS THE BOARD ESTABLISHED PURSUANT TO
SUBDIVISION TWO OF SECTION 6-105 OF THE ENERGY LAW.
6. "EMISSIONS REDUCTION MEASURES" MEANS PROGRAMS, MEASURES AND STAND-
ARDS, INCLUDING THOSE AUTHORIZED PURSUANT TO THIS CHAPTER, APPLICABLE TO
SOURCES OR CATEGORIES OF SOURCES THAT ARE DESIGNED TO REDUCE EMISSIONS
OF GREENHOUSE GASES.
7. "ENVIRONMENTAL JUSTICE AND JUST TRANSITION WORKING GROUP" MEANS THE
GROUP ESTABLISHED PURSUANT TO SECTION 6-110 OF THE ENERGY LAW.
8. "GREENHOUSE GAS" MEANS CARBON DIOXIDE, METHANE, NITROUS OXIDE,
HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
SUBSTANCE EMITTED INTO THE AIR THAT MAY BE REASONABLY ANTICIPATED TO
CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE, AS DETERMINED BY
THE DEPARTMENT.
9. "GREENHOUSE GAS EMISSION LIMIT" MEANS AN AUTHORIZATION, DURING A
SPECIFIED YEAR, FOR A GREENHOUSE GAS EMISSION SOURCE TO EMIT UP TO A
LEVEL OR RATE OF GREENHOUSE GASES SPECIFIED BY THE DEPARTMENT, EXPRESSED
IN TONS OF CARBON DIOXIDE EQUIVALENT.
10. "GREENHOUSE GAS EMISSION SOURCE" OR "SOURCE" MEANS ANY ANTHROPO-
GENIC SOURCE OR CATEGORY OF ANTHROPOGENIC SOURCES OF GREENHOUSE GAS
EMISSIONS INCLUDING PRIME SUPPLIERS, WITH THE EXCEPTION OF AGRICULTURAL
EMISSIONS FROM LIVESTOCK, THAT THE DEPARTMENT DETERMINES:
(A) WILL ENABLE THE STATE TO EFFECTIVELY REDUCE GREENHOUSE GAS EMIS-
SIONS THROUGH THE SOURCE'S PARTICIPATION IN A PROGRAM OR MECHANISM; AND
(B) IS CAPABLE OF BEING MONITORED FOR COMPLIANCE.
S. 1508--A 122 A. 2008--A
11. "LEAKAGE" MEANS A REDUCTION IN EMISSIONS OF GREENHOUSE GASES WITH-
IN THE STATE THAT IS OFFSET BY AN INCREASE IN EMISSIONS OF GREENHOUSE
GASES OUTSIDE OF THE STATE.
12. "STATE ENERGY PLAN" MEANS THE PLAN ISSUED BY THE STATE ENERGY
PLANNING BOARD PURSUANT TO ARTICLE SIX OF THE ENERGY LAW.
13. "STATEWIDE GREENHOUSE GAS EMISSIONS" MEANS THE TOTAL ANNUAL EMIS-
SIONS OF GREENHOUSE GASES PRODUCED WITHIN THE STATE FROM SOURCES. STATE-
WIDE GREENHOUSE GAS EMISSIONS SHALL BE EXPRESSED IN SHORT TONS OF CARBON
DIOXIDE EQUIVALENTS.
14. "STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT" OR "STATEWIDE EMISSIONS
LIMIT" MEANS THE MAXIMUM ALLOWABLE LEVEL OF STATEWIDE GREENHOUSE GAS
EMISSIONS IN A SPECIFIED YEAR.
§ 75-0103. STATEWIDE GREENHOUSE GAS EMISSIONS LIMITS.
WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT
SHALL PROMULGATE A STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT MEASURED IN
UNITS OF CARBON DIOXIDE EQUIVALENT FOR THE YEAR TWO THOUSAND THIRTY, AT
WHICH STATEWIDE GREENHOUSE GAS EMISSIONS WOULD ACHIEVE A FORTY PERCENT
REDUCTION FROM NINETEEN HUNDRED NINETY EMISSION LEVELS BASED ON AN
INVENTORY OF STATEWIDE EMISSIONS DEVELOPED OR APPROVED BY THE DEPART-
MENT. THE DEPARTMENT MAY PERIODICALLY REVISE THE LIMIT BASED ON NEW
INFORMATION.
§ 75-0105. REGULATIONS TO ACHIEVE STATEWIDE GREENHOUSE GAS EMISSIONS
REDUCTIONS.
1. IN ADDITION TO REGULATIONS PROMULGATED BY THE DEPARTMENT PURSUANT
TO EXISTING AUTHORITY ESTABLISHED BY THIS CHAPTER, NO LATER THAN FOUR
YEARS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE DEPARTMENT SHALL
PROMULGATE RULES AND REGULATIONS CONSISTENT WITH MEASURES RECOMMENDED IN
THE CARBON NEUTRALITY ROADMAP ISSUED BY THE CLIMATE ACTION COUNCIL TO
SUPPORT COMPLIANCE WITH THE STATEWIDE GREENHOUSE GAS EMISSION LIMITS
ESTABLISHED BY THE DEPARTMENT PURSUANT TO SECTION 75-0103 OF THIS ARTI-
CLE.
2. THE REGULATIONS PROMULGATED BY THE DEPARTMENT PURSUANT TO THIS
SECTION MAY INCLUDE, AS APPROPRIATE:
(A) LEGALLY ENFORCEABLE EMISSIONS REDUCTION MEASURES OR GREENHOUSE GAS
EMISSION LIMITS, WHICH MAY INCLUDE PERFORMANCE STANDARDS OR MEASURES OR
OTHER REQUIREMENTS TO CONTROL EMISSIONS FROM GREENHOUSE GAS EMISSION
SOURCES;
(B) MEASURES TO REDUCE EMISSIONS FROM GREENHOUSE GAS EMISSION SOURCES
OR SOURCE CATEGORIES THAT HAVE A CUMULATIVELY SIGNIFICANT IMPACT ON
STATEWIDE GREENHOUSE GAS EMISSIONS;
(C) MEASURES, AS DETERMINED BY THE DEPARTMENT, TO LIMIT OR PRECLUDE
THE USE OF CERTAIN CHEMICALS OR SUBSTANCES, INCLUDING HYDROFLUOROCAR-
BONS, PERFLUORINATED COMPOUNDS, SULFUR HEXAFLUORIDE, AND NITROUS OXIDE,
THAT CONTRIBUTE TO GLOBAL CLIMATE CHANGE WHEN RELEASED TO THE ATMOS-
PHERE, BUT ARE NOT INTENDED FOR END-USE COMBUSTION; AND
(D) MECHANISMS TO MINIMIZE LEAKAGE.
§ 75-0107. VALUE OF CARBON.
1. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF THIS ARTICLE,
THE DEPARTMENT, IN CONSULTATION WITH THE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY, SHALL ESTABLISH A SOCIAL COST OF CARBON FOR USE BY NEW YORK
STATE AGENCIES, EXPRESSED IN TERMS OF DOLLARS PER TON OF CARBON DIOXIDE
EQUIVALENT.
2. THE SOCIAL COST OF CARBON SHALL SERVE AS A MONETARY ESTIMATE OF THE
VALUE OF NOT EMITTING A TON OF GREENHOUSE GAS EMISSIONS. AS DETERMINED
BY THE DEPARTMENT, THE SOCIAL COST OF CARBON MAY BE BASED ON MARGINAL
GREENHOUSE GAS ABATEMENT COSTS OR ON THE GLOBAL ECONOMIC, ENVIRONMENTAL,
S. 1508--A 123 A. 2008--A
AND SOCIAL IMPACTS OF EMITTING A MARGINAL TON OF GREENHOUSE GAS EMIS-
SIONS INTO THE ATMOSPHERE, UTILIZING A RANGE OF APPROPRIATE DISCOUNT
RATES, INCLUDING A RATE OF ZERO.
3. IN DEVELOPING THE SOCIAL COST OF CARBON, THE DEPARTMENT SHALL
CONSIDER PRIOR OR EXISTING ESTIMATES OF THE SOCIAL COST OF CARBON ISSUED
OR ADOPTED BY THE FEDERAL GOVERNMENT, APPROPRIATE INTERNATIONAL BODIES,
OR OTHER APPROPRIATE AND REPUTABLE SCIENTIFIC ORGANIZATIONS.
§ 10. This act shall take effect immediately.
PART Y
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 P of chapter 58 of the laws of 2018, 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, [2019] 2020, 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, 2019.
PART Z
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 O of chapter 58 of the
laws of 2018, 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, [2019] 2020.
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 1, 2019.
PART AA
Section 1. Subdivision 2, paragraph (e) of subdivision 7, paragraph
(b) of subdivision 8, subdivision 13, paragraph (e) of subdivision 15,
subdivisions 16, 19, 21 and 22 of section 310 of the executive law, as
added by chapter 261 of the laws of 1988, paragraph (e) of subdivision 7
and paragraph (e) of subdivision 15 as amended by chapter 22 of the laws
of 2014, subdivision 13 as amended by chapter 506 of the laws of 2009,
subdivision 16 as added by section 3 of part BB of chapter 59 of the
laws of 2006, and subdivisions 19, 21 and 22 as added by chapter 175 of
the laws of 2010, are amended and a new subdivision 24 is added to read
as follows:
2. "Contracting agency" shall mean a state agency OR STATE FUNDED
ENTITY which is a party or a proposed party to a state contract or, in
the case of a state contract described in paragraph (c) of subdivision
thirteen of this section, shall mean the New York state housing finance
agency, housing trust fund corporation or affordable housing corpo-
S. 1508--A 124 A. 2008--A
ration, whichever has made or proposes to make the grant or loan for the
state assisted housing project.
(e) an enterprise owned by an individual or individuals, whose owner-
ship, control and operation are relied upon for certification, with a
personal net worth that does not exceed three million five hundred thou-
sand dollars, OR SUCH OTHER AMOUNT AS THE DIRECTOR SHALL SET FORTH IN
REGULATIONS, as adjusted annually on the first of January for inflation
according to the consumer price index of the previous year; and
(b) [Hispanic] HISPANIC/LATINO persons of Mexican, Puerto Rican,
Dominican, Cuban, Central or South American of either Indian or Hispanic
origin, regardless of race;
13. "State contract" shall mean: (a) a written agreement or purchase
order instrument, providing for a total expenditure in excess of twen-
ty-five thousand dollars, whereby a contracting agency is committed to
expend or does expend OR GRANT funds in return for labor, services
including but not limited to legal, financial and other professional
services, supplies, equipment, materials or any combination of the fore-
going, to be performed for, ON BEHALF OF, or rendered or furnished to
the contracting agency; (b) a written agreement in excess of one hundred
thousand dollars whereby a contracting agency is committed to expend OR
GRANT or does expend funds for the acquisition, construction, demoli-
tion, replacement, major repair or renovation of real property and
improvements thereon; [and] (c) a written agreement in excess of one
hundred thousand dollars whereby the owner of a state assisted housing
project is committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major repair or renovation of
real property and improvements thereon for such project; AND (D) A WRIT-
TEN AGREEMENT OR PURCHASE ORDER INSTRUMENT, PROVIDING FOR A TOTAL
EXPENDITURE IN EXCESS OF FIFTY THOUSAND DOLLARS, WHEREBY A STATE-FUNDED
ENTITY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS PAID TO THE STATE-
FUNDED ENTITY BY THE STATE OF NEW YORK, INCLUDING THOSE PAID TO THE
STATE-FUNDED ENTITY PURSUANT TO AN APPROPRIATION, FOR ANY PRODUCT OR
SERVICE.
(e) an enterprise owned by an individual or individuals, whose owner-
ship, control and operation are relied upon for certification, with a
personal net worth that does not exceed three million five hundred thou-
sand dollars, OR SUCH OTHER AMOUNT AS THE DIRECTOR SHALL SET FORTH IN
REGULATIONS, as adjusted annually on the first of January for inflation
according to the consumer price index of the previous year; and
16. "Statewide advocate" shall mean the person appointed by the
[commissioner] DIRECTOR to serve in the capacity of the minority and
women-owned business enterprise statewide advocate AND PROCUREMENT
OMBUDSMAN.
19. "Personal net worth" shall mean the aggregate adjusted net value
of the assets of an individual remaining after total liabilities are
deducted. Personal net worth includes the individual's share of assets
held jointly with said individual's spouse and does not include the
individual's ownership interest in the certified minority and women-
owned business enterprise, the individual's equity in his or her primary
residence OWNERSHIP INTEREST IN A HOLDING COMPANY THAT LEASES REAL PROP-
ERTY, MACHINERY, EQUIPMENT, OR VEHICLES EXCLUSIVELY TO THE CERTIFIED
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE THAT IS MAJORITY OWNED BY
THE MINORITY GROUP MEMBERS OR WOMEN RELIED UPON FOR CERTIFICATION, or up
to [five hundred] SEVEN HUNDRED FIFTY thousand dollars of the present
cash value of any qualified retirement savings plan or individual
S. 1508--A 125 A. 2008--A
retirement account held by the individual less any penalties for early
withdrawal.
21. "The [2010] disparity study" shall refer to the MOST RECENT
disparity study commissioned by the [empire state development corpo-
ration] DEPARTMENT OF ECONOMIC DEVELOPMENT, pursuant to section three
hundred twelve-a of this article[, and published on April twenty-nine,
two thousand ten].
22. "Diversity practices" shall mean the contractor's practices and
policies with respect to:
(a) [utilizing] MENTORING certified minority and women-owned business
enterprises in contracts awarded by a state agency or other public
corporation, as subcontractors and suppliers; [and]
(b) entering into partnerships, joint ventures or other similar
arrangements with certified minority and women-owned business enter-
prises as defined in this article or other applicable statute or regu-
lation governing an entity's utilization of minority or women-owned
business enterprises; AND
(C) THE REPRESENTATION OF MINORITY GROUP MEMBERS AND WOMEN AS MEMBERS
OF THE BOARD OF DIRECTORS OR EXECUTIVE OFFICERS OF THE CONTRACTOR.
24. "STATE-FUNDED ENTITY" SHALL MEAN ANY UNIT OF LOCAL GOVERNMENT,
INCLUDING, BUT NOT LIMITED TO A COUNTY, CITY, TOWN, VILLAGE OR SCHOOL
DISTRICT THAT IS PAID PURSUANT TO AN APPROPRIATION IN A STATE FISCAL
YEAR.
§ 2. The opening paragraph of subdivision 4 of section 311 of the
executive law, as amended by chapter 361 of the laws of 2009, is amended
to read as follows:
The director [may] SHALL provide assistance to, and facilitate access
to programs serving [certified businesses as well as applicants] MINORI-
TY AND WOMEN-OWNED BUSINESS ENTERPRISES to ensure that such businesses
benefit, as needed, from technical, managerial and financial, and gener-
al business assistance; training; marketing; organization and personnel
skill development; project management assistance; technology assistance;
bond and insurance education assistance; and other business development
assistance. THE DIRECTOR SHALL MAINTAIN A TOLL-FREE NUMBER AT THE
DEPARTMENT OF ECONOMIC DEVELOPMENT TO BE USED TO ANSWER QUESTIONS
CONCERNING THE MWBE CERTIFICATION PROCESS. In addition, the director
may, either independently or in conjunction with other state agencies:
§ 3. Section 311-a of the executive law, as added by section 4 of part
BB of chapter 59 of the laws of 2006, is amended to read as follows:
§ 311-a. Minority and women-owned business enterprise statewide advo-
cate. 1. There is hereby established within the [department of economic
development] DIVISION OF MINORITY AND WOMEN'S BUSINESS an office of the
minority and women-owned business enterprise statewide advocate. The
statewide advocate shall be appointed by the commissioner [with the
advice of the small business advisory board as established in section
one hundred thirty-three of the economic development law and shall serve
in the unclassified service of the director. The statewide advocate
shall be located in the Albany empire state development office] IN
CONSULTATION WITH THE DIRECTOR.
2. The advocate shall act as a liaison for minority and women-owned
business enterprises (MWBEs) to assist them in obtaining technical,
managerial, financial and other business assistance for certified busi-
nesses and applicants. The advocate shall RECEIVE AND investigate
complaints brought by or on behalf of MWBEs concerning certification
delays and instances of violations of [law] THE REQUIREMENTS OF THIS
ARTICLE BY CONTRACTORS AND by state agencies. [The statewide advocate
S. 1508--A 126 A. 2008--A
shall assist certified businesses and applicants in the certification
process.] Other functions of the statewide advocate shall be directed by
the commissioner. The advocate SHALL HAVE THE RESOURCES NECESSARY TO
PERFORM ITS FUNCTIONS, AND, AS SUCH, may request and the director may
appoint staff and employees of the division of minority and women busi-
ness development to support the administration of the office of the
statewide advocate.
3. The statewide advocate [shall establish a toll-free number at the
department of economic development to be used to answer questions
concerning the MWBE certification process] SHALL CONDUCT PERIODIC AUDITS
OF STATE AGENCIES' COMPLIANCE WITH THE REQUIREMENTS OF SECTION THREE
HUNDRED FIFTEEN OF THIS ARTICLE, SUCH AUDITS SHALL INCLUDE A REVIEW OF
THE BOOKS AND RECORDS OF STATE AGENCIES CONCERNING, AMONG OTHER THINGS,
ANNUAL AGENCY EXPENDITURES, ANNUAL PARTICIPATION OF MINORITY AND WOMEN-
OWNED BUSINESS ENTERPRISES AS PRIME CONTRACTORS AND SUBCONTRACTORS IN
STATE AGENCIES' STATE CONTRACTS, AND DOCUMENTATION OF STATE AGENCIES'
GOOD FAITH EFFORTS TO MAXIMIZE MINORITY AND WOMEN-OWNED BUSINESS ENTER-
PRISE PARTICIPATION IN SUCH AGENCIES' CONTRACTING.
4. THE STATEWIDE ADVOCATE SHALL INVESTIGATE COMPLAINTS BY MINORITY-
OWNED BUSINESS ENTERPRISES OR WOMEN-OWNED BUSINESS ENTERPRISES, CERTI-
FIED AS SUCH BY THE DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOP-
MENT, TO THE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE STATEWIDE
ADVOCATE CONCERNING A PROCURING GOVERNMENTAL ENTITY'S FAILURE TO COMPLY
WITH THE REQUIREMENTS OF SECTION THREE HUNDRED FIFTEEN OF THIS ARTICLE.
5. The statewide advocate shall report to the director and commission-
er by November fifteenth on an annual basis on all activities related to
fulfilling the obligations of the office of the statewide advocate. [The
commissioner shall include the unedited text of the statewide advocate's
report within the reports submitted by the department of economic devel-
opment to the governor and the legislature.]
§ 4. Section 312-a of the executive law, as amended by section 1 of
part Q of chapter 58 of the laws of 2015, is amended to read as follows:
§ 312-a. Study of minority and women-owned business [enterprise
programs] ENTERPRISES. 1. The director of the division of minority and
women-owned business development [in the department of economic develop-
ment] is authorized and directed to recommission a statewide disparity
study regarding the participation of minority and women-owned business
enterprises in state contracts since the amendment of this article to be
delivered to the governor and legislature [no later than August
fifteenth, two thousand sixteen]. The study shall be prepared by an
entity independent of the department and selected through a request for
proposal process. The purpose of such study is:
(a) to determine whether there is a disparity between the number of
qualified minority and women-owned businesses ready, willing and able to
perform state contracts for commodities, services and construction, and
the number of such contractors actually engaged to perform such
contracts, and to determine what changes, if any, should be made to
state policies affecting minority and women-owned business enterprises;
and (b) to determine whether there is a disparity between the number of
qualified minorities and women ready, willing and able, with respect to
labor markets, qualifications and other relevant factors, to participate
in contractor employment, management level bodies, including boards of
directors, and as senior executive officers within contracting entities
and the number of such group members actually employed or affiliated
with state contractors in the aforementioned capacities, and to deter-
mine what changes, if any, should be made to state policies affecting
S. 1508--A 127 A. 2008--A
minority and women group populations with regard to state contractors'
employment and appointment practices relative to diverse group members.
Such study shall include, but not be limited to, an analysis of the
history of minority and women-owned business enterprise programs and
their effectiveness as a means of securing and ensuring participation by
minorities and women, and a disparity analysis by market area and region
of the state. Such study shall distinguish between minority males,
minority females and non-minority females in the statistical analysis.
2. The director of the division of minority and women-owned business
development is directed to transmit the disparity study to the governor
and the legislature [not later than August fifteenth, two thousand
sixteen], and to post the study on the website of the department of
economic development.
§ 5. Section 313 of the executive law, as amended by chapter 175 of
the laws of 2010, is amended to read as follows:
§ 313. Opportunities for minority and women-owned business enter-
prises. 1. Goals and requirements for agencies and contractors. Each
agency shall structure procurement procedures for contracts made direct-
ly or indirectly to minority and women-owned business enterprises, in
accordance with the findings of the [two thousand ten] MOST RECENT
disparity study, consistent with the purposes of this article, to
attempt to achieve [the following results with regard to] total annual
statewide procurement[:
(a) construction industry for certified minority-owned business enter-
prises: fourteen and thirty-four hundredths percent;
(b) construction industry for certified women-owned business enter-
prises: eight and forty-one hundredths percent;
(c) construction related professional services industry for certified
minority-owned business enterprises: thirteen and twenty-one hundredths
percent;
(d) construction related professional services industry for certified
women-owned business enterprises: eleven and thirty-two hundredths
percent;
(e) non-construction related services industry for certified minori-
ty-owned business enterprises: nineteen and sixty hundredths percent;
(f) non-construction related services industry for certified women-
owned business enterprises: seventeen and forty-four hundredths percent;
(g) commodities industry for certified minority-owned business enter-
prises: sixteen and eleven hundredths percent;
(h) commodities industry for certified women-owned business enter-
prises: ten and ninety-three hundredths percent;
(i) overall agency total dollar value of procurement for certified
minority-owned business enterprises: sixteen and fifty-three hundredths
percent;
(j) overall agency total dollar value of procurement for certified
women-owned business enterprises: twelve and thirty-nine hundredths
percent; and
(k) overall agency total dollar value of procurement for certified
minority, women-owned business enterprises: twenty-eight and ninety-two
hundredths percent] GOALS AS SPECIFIED BY THE DIRECTOR.
1-a. The director shall ensure that each state agency has been
provided with [a] AN ELECTRONIC copy of the [two thousand ten] MOST
RECENT disparity study.
1-b. Each agency shall develop and adopt agency-specific goals based
on the findings of the [two thousand ten] MOST RECENT disparity study.
S. 1508--A 128 A. 2008--A
2. The director shall promulgate rules and regulations [pursuant to]
BASED ON the [goals established in subdivision one of this section]
FINDINGS OF THE MOST RECENT DISPARITY STUDY that provide measures and
procedures to ensure that certified minority and women-owned businesses
shall be given the opportunity for maximum feasible participation in the
performance of state contracts and to assist in the agency's identifica-
tion of those state contracts for which minority and women-owned certi-
fied businesses may best bid to actively and affirmatively promote and
assist their participation in the performance of state contracts [so as
to facilitate the agency's achievement of the maximum feasible portion
of the goals for state contracts to such businesses].
2-a. The director shall promulgate rules and regulations that will
accomplish the following:
(a) provide for the certification and decertification of minority and
women-owned business enterprises for all agencies through a single proc-
ess that meets applicable requirements;
(b) require that each contract solicitation document accompanying each
solicitation set forth the expected degree of minority and women-owned
business enterprise participation based, in part, on:
(i) the potential subcontract opportunities available in the prime
procurement contract; [and]
(ii) the availability[, as contained within the study,] of certified
minority and women-owned business enterprises to respond competitively
to the potential subcontract opportunities AS REFLECTED IN THE DIVI-
SION'S DIRECTORY OF CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTER-
PRISES; AND
(III) THE FINDINGS OF THE DISPARITY STUDY;
(c) require that each agency provide a current list of certified
minority business enterprises to each prospective contractor OR DIRECT
THEM TO THE DIVISION'S DIRECTORY OF CERTIFIED MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISES FOR SUCH PURPOSE;
(d) allow a contractor that is a certified minority-owned or women-
owned business enterprise to use the work it performs to meet require-
ments for use of certified minority-owned or women-owned business enter-
prises as subcontractors;
(e) ESTABLISH CRITERIA FOR AGENCIES TO CREDIT THE PARTICIPATION OF
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES TOWARDS THE ACHIEVEMENT OF
THE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION GOALS ON
A STATE CONTRACT BASED ON THE COMMERCIALLY USEFUL FUNCTION PROVIDED BY
EACH MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE ON THE CONTRACT;
(F) provide for joint ventures, which a bidder may count toward meet-
ing its minority and women-owned business enterprise participation;
[(f)] (G) consistent with subdivision six of this section, provide for
circumstances under which an agency OR STATE-FUNDED ENTITY may waive
obligations of the contractor relating to minority and women-owned busi-
ness enterprise participation;
[(g)] (H) require that an agency OR STATE-FUNDED ENTITY verify that
minority and women-owned business enterprises listed in a successful bid
are actually participating to the extent listed in the project for which
the bid was submitted;
[(h)] (I) provide for the collection of statistical data by each agen-
cy OR STATE-FUNDED ENTITY concerning actual minority and women-owned
business enterprise participation; [and
(i)] (J) require each agency to consult the most current disparity
study when calculating [agency-wide and contract specific] participation
goals pursuant to this article; AND
S. 1508--A 129 A. 2008--A
(K) PROVIDE FOR THE PERIODIC COLLECTION OF REPORTS FROM STATE-FUNDED
ENTITIES IN SUCH FORM AND AT SUCH TIME AS THE DIRECTOR SHALL REQUIRE.
3. Solely for the purpose of providing the opportunity for meaningful
participation by certified businesses in the performance of state
contracts as provided in this section, state contracts shall include
leases of real property by a state agency to a lessee where: the terms
of such leases provide for the construction, demolition, replacement,
major repair or renovation of real property and improvements thereon by
such lessee; and the cost of such construction, demolition, replacement,
major repair or renovation of real property and improvements thereon
shall exceed the sum of one hundred thousand dollars. Reports to the
director pursuant to section three hundred fifteen of this article shall
include activities with respect to all such state contracts. Contracting
agencies shall include or require to be included with respect to state
contracts for the acquisition, construction, demolition, replacement,
major repair or renovation of real property and improvements thereon,
such provisions as may be necessary to effectuate the provisions of this
section in every bid specification and state contract, including, but
not limited to: (a) provisions requiring contractors to make a good
faith effort to solicit active participation by enterprises identified
in the directory of certified businesses [provided to the contracting
agency by the office]; (b) requiring the parties to agree as a condition
of entering into such contract, to be bound by the provisions of section
three hundred sixteen of this article; and (c) requiring the contractor
to include the provisions set forth in paragraphs (a) and (b) of this
subdivision in every subcontract in a manner that the provisions will be
binding upon each subcontractor as to work in connection with such
contract. Provided, however, that no such provisions shall be binding
upon contractors or subcontractors in the performance of work or the
provision of services that are unrelated, separate or distinct from the
state contract as expressed by its terms, and nothing in this section
shall authorize the director or any contracting agency to impose any
requirement on a contractor or subcontractor except with respect to a
state contract.
4. In the implementation of this section, the contracting agency shall
(a) consult the findings contained within the disparity study evidencing
relevant industry specific [availability of certified businesses]
DISPARITIES IN THE UTILIZATION OF MINORITY AND WOMEN-OWNED BUSINESSES
RELATIVE TO THEIR AVAILABILITY;
(b) implement a program that will enable the agency to evaluate each
contract to determine the [appropriateness of the] APPROPRIATE goal
[pursuant to subdivision one of this section] FOR PARTICIPATION BY
MINORITY-OWNED BUSINESS ENTERPRISES AND WOMEN-OWNED BUSINESS
ENTERPRISES;
(c) consider where practicable, the severability of construction
projects and other bundled contracts; and
(d) consider compliance with the requirements of any federal law
concerning opportunities for minority and women-owned business enter-
prises which effectuates the purpose of this section. The contracting
agency shall determine whether the imposition of the requirements of any
such law duplicate or conflict with the provisions hereof and if such
duplication or conflict exists, the contracting agency shall waive the
applicability of this section to the extent of such duplication or
conflict.
5. (a) Contracting agencies shall administer the rules and regulations
promulgated by the director in a good faith effort to [meet] ACHIEVE the
S. 1508--A 130 A. 2008--A
maximum feasible [portion of the agency's goals] PARTICIPATION BY MINOR-
ITY AND WOMEN OWNED BUSINESS ENTERPRISES adopted pursuant to this arti-
cle and the regulations of the director. Such rules and regulations:
shall require a contractor to submit a utilization plan after bids are
opened, when bids are required, but prior to the award of a state
contract; shall require the contracting agency to review the utilization
plan submitted by the contractor and to post the utilization plan and
any waivers of compliance issued pursuant to subdivision six of this
section on the website of the contracting agency within a reasonable
period of time as established by the director; shall require the
contracting agency to notify the contractor in writing within a period
of time specified by the director as to any deficiencies contained in
the contractor's utilization plan; shall require remedy thereof within a
period of time specified by the director; shall require the contractor
to submit periodic compliance reports relating to the operation and
implementation of any utilization plan; shall not allow any automatic
waivers but shall allow a contractor to apply for a partial or total
waiver of the minority and women-owned business enterprise participation
requirements pursuant to subdivisions six and seven of this section;
shall allow a contractor to file a complaint with the director pursuant
to subdivision eight of this section in the event a contracting agency
has failed or refused to issue a waiver of the minority and women-owned
business enterprise participation requirements or has denied such
request for a waiver; and shall allow a contracting agency to file a
complaint with the director pursuant to subdivision nine of this section
in the event a contractor is failing or has failed to comply with the
minority and women-owned business enterprise participation requirements
set forth in the state contract where no waiver has been granted.
(b) The rules and regulations promulgated pursuant to this subdivision
regarding a utilization plan shall provide that where enterprises have
been identified within a utilization plan, a contractor shall attempt,
in good faith, to utilize such enterprise at least to the extent indi-
cated. A contracting agency may require a contractor to indicate, within
a utilization plan, what measures and procedures he or she intends to
take to comply with the provisions of this article, but may not require,
as a condition of award of, or compliance with, a contract that a
contractor utilize a particular enterprise in performance of the
contract.
(c) Without limiting other grounds for the disqualification of bids or
proposals on the basis of non-responsibility, a contracting agency may
disqualify the bid or proposal of a contractor as being non-responsible
for failure to remedy notified deficiencies contained in the contrac-
tor's utilization plan within a period of time specified in regulations
promulgated by the director after receiving notification of such defi-
ciencies from the contracting agency. Where failure to remedy any noti-
fied deficiency in the utilization plan is a ground for disqualifica-
tion, that issue and all other grounds for disqualification shall be
stated in writing by the contracting agency. Where the contracting agen-
cy states that a failure to remedy any notified deficiency in the utili-
zation plan is a ground for disqualification the contractor shall be
entitled to an administrative hearing, on a record, involving all
grounds stated by the contracting agency. Such hearing shall be
conducted by the appropriate authority of the contracting agency to
review the determination of disqualification. A final administrative
determination made following such hearing shall be reviewable in a
proceeding commenced under article seventy-eight of the civil practice
S. 1508--A 131 A. 2008--A
law and rules, provided that such proceeding is commenced within thirty
days of the notice given by certified mail return receipt requested
rendering such final administrative determination. Such proceeding shall
be commenced in the supreme court, appellate division, third department
and such proceeding shall be preferred over all other civil causes
except election causes, and shall be heard and determined in preference
to all other civil business pending therein, except election matters,
irrespective of position on the calendar. Appeals taken to the court of
appeals of the state of New York shall be subject to the same prefer-
ence.
6. Where it appears that a contractor cannot, after a good faith
effort, comply with the minority and women-owned business enterprise
participation requirements set forth in a particular state contract, a
contractor may file a written application with the contracting agency
requesting a partial or total waiver of such requirements setting forth
the reasons for such contractor's inability to meet any or all of the
participation requirements together with an explanation of the efforts
undertaken by the contractor to obtain the required minority and women-
owned business enterprise participation. In implementing the provisions
of this section, the contracting agency shall consider the number and
types of minority and women-owned business enterprises [located] AVAIL-
ABLE TO PROVIDE GOALS OR SERVICES REQUIRED UNDER THE CONTRACT in the
region in which the state contract is to be performed, the total dollar
value of the state contract, the scope of work to be performed and the
project size and term. If, based on such considerations, the contracting
agency determines there is not a reasonable availability of contractors
on the list of certified business to furnish services for the project,
it shall issue a waiver of compliance to the contractor. In making such
determination, the contracting agency shall first consider the avail-
ability of other business enterprises located in the region and shall
thereafter consider the financial ability of minority and women-owned
businesses located outside the region in which the contract is to be
performed to perform the state contract.
7. For purposes of determining a contractor's good faith effort to
comply with the requirements of this section or to be entitled to a
waiver therefrom the contracting agency shall consider, AMONG OTHER
THINGS:
(a) whether the contractor has advertised in general circulation
media, trade association publications, and minority-focus and women-fo-
cus media OR OTHER FORMS OF ADVERTISEMENT and, in such event, (i) wheth-
er or not certified minority or women-owned businesses which have been
solicited by the contractor exhibited interest in submitting proposals
for a particular project by COMMUNICATION OR OTHER FORM OF CONTRACT WITH
THE CONTRACTOR OR attending a pre-bid conference, IF ANY, SCHEDULED BY
THE STATE AGENCY AWARDING THE STATE CONTRACT WITH CERTIFIED MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES; and
(ii) whether certified businesses which have been solicited by the
contractor have responded in a timely fashion to the contractor's solic-
itations for timely competitive bid quotations prior to the contracting
agency's bid date; and
(b) whether [there has been] THE CONTRACTOR PROVIDED TIMELY written
notification OF SUBCONTRACTING OPPORTUNITIES ON THE STATE CONTRACT to
appropriate certified businesses that appear in the directory of certi-
fied businesses prepared pursuant to paragraph (f) of subdivision three
of section three hundred eleven of this article; and
S. 1508--A 132 A. 2008--A
(c) whether the contractor can reasonably structure the amount of work
to be performed under subcontracts in order to increase the likelihood
of participation by certified businesses.
8. In the event that a contracting agency fails or refuses to issue a
waiver to a contractor as requested within twenty days after having made
application therefor pursuant to subdivision six of this section or if
the contracting agency denies such application, in whole or in part, the
contractor may file a complaint with the director pursuant to section
three hundred sixteen of this article setting forth the facts and
circumstances giving rise to the contractor's complaint together with a
demand for relief. The contractor shall serve a copy of such complaint
upon the contracting agency by personal service or by certified mail,
return receipt requested. The contracting agency shall be afforded an
opportunity to respond to such complaint in writing.
9. If, after the review of a contractor's minority and [women owned]
WOMEN-OWNED business utilization plan or review of a periodic compliance
report and after such contractor has been afforded an opportunity to
respond to a notice of deficiency issued by the contracting agency in
connection therewith, it appears that a contractor is failing or refus-
ing to comply with the minority and women-owned business participation
requirements as set forth in the state contract and where no waiver from
such requirements has been granted, the contracting agency may file a
written complaint with the director pursuant to section three hundred
sixteen of this article setting forth the facts and circumstances giving
rise to the contracting agency's complaint together with a demand for
relief. The contracting agency shall serve a copy of such complaint
upon the contractor by personal service or by certified mail, return
receipt requested. The contractor shall be afforded an opportunity to
respond to such complaint in writing.
§ 6. Section 314 of the executive law, as added by chapter 216 of the
laws of 1988, subdivision 2-a as amended by chapter 175 of the laws of
2010, subdivision 2-b as added by chapter 409 of the laws of 2018,
subdivision 4 as amended and subdivision 5 as added by chapter 399 of
the laws of 2014, is amended to read as follows:
§ 314. Statewide certification program. 1. The director shall promul-
gate rules and regulations providing for the establishment of a state-
wide certification program including rules and regulations governing the
approval, denial or revocation of any such certification INCLUDING REVO-
CATIONS FOR CONVICTIONS FOR FRAUDULENTLY MISREPRESENTING THE STATUS OF
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES. SUCH RULES SHALL SET FORTH
THE MAXIMUM PERSONAL NET WORTH OF A MINORITY GROUP MEMBER OR WOMAN WHO
MAY BE RELIED UPON TO CERTIFY A BUSINESS AS A MINORITY-OWNED BUSINESS
ENTERPRISE OR WOMEN-OWNED BUSINESS ENTERPRISE, AND MAY ESTABLISH DIFFER-
ENT MAXIMUM LEVELS OF PERSONAL NET WORTH FOR MINORITY GROUP MEMBERS AND
WOMEN ON AN INDUSTRY-BY-INDUSTRY BASIS FOR SUCH INDUSTRIES AS THE DIREC-
TOR SHALL DETERMINE. Such rules and regulations shall include, but not
be limited to, such matters as may be required to ensure that the estab-
lished procedures thereunder shall at least be in compliance with the
code of fair procedure set forth in section seventy-three of the civil
rights law AND CONSISTENT WITH THE PROVISIONS OF ARTICLE TWENTY-THREE OF
THE CORRECTION LAW.
2. For the purposes of this article, the office shall be responsible
for verifying businesses as being owned, operated, and controlled by
minority group members or women and for certifying such verified busi-
nesses. The director shall prepare a directory of certified businesses
for use by contracting agencies and contractors in carrying out the
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provisions of this article. The director shall periodically update the
directory.
2-a. (a) The director shall establish a procedure enabling the office
to accept New York municipal corporation certification verification for
minority and women-owned business enterprise applicants in lieu of
requiring the applicant to complete the state certification process. The
director shall promulgate rules and regulations to set forth criteria
for the acceptance of municipal corporation certification. All eligible
municipal corporation certifications shall require business enterprises
seeking certification to meet the following standards:
(i) have at least fifty-one percent ownership by a minority or a
women-owned enterprise and be owned by United States citizens or perma-
nent resident aliens;
(ii) be an enterprise in which the minority and/or women-ownership
interest is real, substantial and continuing;
(iii) be an enterprise in which the minority and/or women-ownership
has and exercises the authority to control independently the day-to-day
business decisions of the enterprise;
(iv) be an enterprise authorized to do business in this state;
(v) be subject to a physical site inspection to verify the fifty-one
percent ownership requirement;
(vi) be owned by an individual or individuals, whose ownership,
control and operation are relied upon for certification, with a personal
net worth that does not exceed three million five hundred thousand
dollars OR SUCH OTHER AMOUNT AS THE DIRECTOR SHALL SET FORTH IN REGU-
LATIONS, as adjusted annually for inflation according to the consumer
price index; and
(vii) be an enterprise that is a small business pursuant to subdivi-
sion twenty of section three hundred ten of this article.
(b) The director shall work with all municipal corporations that have
a municipal minority and women-owned business enterprise program to
develop standards to accept state certification to meet the municipal
corporation minority and women-owned business enterprise certification
standards.
(c) The director shall establish a procedure enabling the division to
accept federal certification verification for minority and women-owned
business enterprise applicants, provided said standards comport with
those required by the state minority and women-owned business program,
in lieu of requiring the applicant to complete the state certification
process. The director shall promulgate rules and regulations to set
forth criteria for the acceptance of federal certification.
2-b. The director shall establish a procedure enabling an applicant
who was a military service member to prove his or her race or ethnicity,
date of birth, place of birth and verification of address for purposes
of certification of the applicant's business as a minority-owned busi-
ness by submission of the DD Form 214 issued to the applicant by the
United States department of defense upon such applicant's retirement,
separation, or discharge from active duty in the armed forces of the
United States, provided the DD Form 214 contains such information, in
lieu of requiring the applicant to otherwise prove his or her race or
ethnicity. The director shall promulgate rules and regulations to set
forth criteria for the acceptance of the DD Form 214 by the office.
2-C. (A) EACH BUSINESS APPLYING FOR MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISE CERTIFICATION PURSUANT TO THIS SECTION MUST AGREE TO ALLOW:
(I) THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE ITS TAX INFORMATION
S. 1508--A 134 A. 2008--A
WITH THE DIVISION; AND (II) THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND
EMPLOYER INFORMATION WITH THE DIVISION.
(B) SUCH INFORMATION PROVIDED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
VISION SHALL BE KEPT CONFIDENTIAL BY THE DIVISION IN THE SAME MANNER AND
UNDER THE SAME CONDITION AS SUCH INFORMATION IS KEPT BY THE DEPARTMENT
OF TAXATION AND FINANCE OR THE DEPARTMENT OF LABOR.
3. Following application for certification pursuant to this section,
the director shall provide the applicant with written notice of the
status of the application, including notice of any outstanding deficien-
cies[, within thirty days]. Within [sixty] THIRTY days of submission of
a final completed application, the director shall provide the applicant
with written notice of a determination by the office approving or deny-
ing such certification and, in the event of a denial a statement setting
forth the reasons for such denial. Upon a determination denying or
revoking certification, the business enterprise for which certification
has been so denied or revoked shall, upon written request made within
thirty days from receipt of notice of such determination, be entitled to
a hearing before an independent hearing officer designated for such
purpose by the director. In the event that a request for a hearing is
not made within such thirty day period, such determination shall be
deemed to be final. The independent hearing officer shall conduct a
hearing and upon the conclusion of such hearing, issue a written recom-
mendation to the director to affirm, reverse or modify such determi-
nation of the director. Such written recommendation shall be issued to
the parties. The director, within thirty days, by order, must accept,
reject or modify such recommendation of the hearing officer and set
forth in writing the reasons therefor. The director shall serve a copy
of such order and reasons therefor upon the business enterprise by
personal service or by certified mail return receipt requested. The
order of the director shall be subject to review pursuant to article
seventy-eight of the civil practice law and rules.
4. The director may, after performing an availability analysis and
upon a finding that industry-specific factors coupled with personal net
worth or small business eligibility requirements pursuant to subdivi-
sions nineteen and twenty of section three hundred ten of this article,
respectively, have led to the significant exclusion of businesses owned
by minority group members or women in that industry, grant provisional
MWBE certification status to applicants from that designated industry,
provided, however, that all other eligibility requirements pursuant to
subdivision seven or fifteen of section three hundred ten of this arti-
cle, as applicable, are satisfied. Any industry-based determination made
under this section by the director shall be made widely available to the
public and posted on the division's website.
5. With the exception of provisional MWBE certification, as provided
for in subdivision twenty-three of section three hundred ten of this
article, all MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE certifications
shall be valid for a period of [three] FIVE years.
§ 7. Section 315 of the executive law, as added by chapter 261 of the
laws of 1988, subdivision 3 as amended and subdivisions 4, 5, 6, and 7
as added by chapter 175 of the laws of 2010, is amended to read as
follows:
§ 315. Responsibilities of contracting agencies. 1. Each contracting
agency shall be responsible for monitoring state contracts under its
jurisdiction, and recommending matters to the office respecting non-com-
pliance with the provisions of this article so that the office may take
such action as is appropriate to [insure] ENSURE compliance with the
S. 1508--A 135 A. 2008--A
provisions of this article, the rules and regulations of the director
issued hereunder and the contractual provisions required pursuant to
this article. All contracting agencies shall comply with the rules and
regulations of the office and are directed to cooperate with the office
and to furnish to the office such information and assistance as may be
required in the performance of its functions under this article.
2. [Each contracting agency shall provide to prospective bidders a
current copy of the directory of certified businesses, and a copy of the
regulations required pursuant to sections three hundred twelve and three
hundred thirteen of this article at the time bids or proposals are
solicited.
3.] Each contracting agency shall report to the director with respect
to activities undertaken to promote employment of minority group members
and women and promote and increase participation by certified businesses
with respect to state contracts and subcontracts. Such reports shall be
submitted periodically, but not less frequently than annually, as
required by the director, and shall include such information as is
necessary for the director to determine whether the contracting agency
and ANY contractor TO THE CONTRACTING AGENCY have complied with the
purposes of this article, including, without limitation, a summary of
all waivers of the requirements of subdivisions six and seven of section
three hundred thirteen of this article allowed by the contracting agency
during the period covered by the report, [including a description of the
basis of the waiver request and the rationale for granting any such
waiver] ANY INSTANCES IN WHICH THE CONTRACTING AGENCY HAS DEEMED A
CONTRACTOR TO HAVE COMMITTED A VIOLATION PURSUANT TO SECTION THREE
HUNDRED SIXTEEN OF THIS ARTICLE AND SUCH OTHER INFORMATION AS THE DIREC-
TOR SHALL REQUIRE. Each agency shall also include in such annual report
whether or not it has been required to prepare a remedial plan, and, if
so, the plan and the extent to which the agency has complied with each
element of the plan.
[4.] 3. The division of minority and women's business development
shall issue an annual report which: (a) summarizes the report submitted
by each contracting agency pursuant to subdivision [three] TWO of this
section; (b) contains such comparative or other information as the
director deems appropriate, including but not limited to goals compared
to actual participation of minority and women-owned business enterprises
in state contracting, to evaluate the effectiveness of the activities
undertaken by each such contracting agency to promote increased partic-
ipation by certified minority or women-owned businesses with respect to
state contracts and subcontracts; (c) contains a summary of all waivers
of the requirements of subdivisions six and seven of section three
hundred thirteen of this article allowed by each contracting agency
during the period covered by the report, [including a description of the
basis of the waiver request and the contracting agency's rationale for
granting any such waiver] AND; (d) [describes any efforts to create a
database or other information storage and retrieval system containing
information relevant to contracting with minority and women-owned busi-
ness enterprises; and (e)] contains a summary of (i) all determinations
of violations of this article by a contractor or a contracting agency
made during the period covered by the annual report pursuant to section
three hundred sixteen-a of this article and (ii) the penalties or sanc-
tions, if any, assessed in connection with such determinations and the
rationale for such penalties or sanctions. Copies of the annual report
shall be provided to the commissioner, the governor, the comptroller,
the temporary president of the senate, the speaker of the assembly, the
S. 1508--A 136 A. 2008--A
minority leader of the senate, the minority leader of the assembly and
shall also be made widely available to the public via, among other
things, publication on a website maintained by the division of minority
and women's business development.
[5.] 4. Each agency shall include in its annual report to the governor
and legislature pursuant to section one hundred sixty-four of [the exec-
utive law] THIS CHAPTER its annual goals for contracts with minority-
owned and women-owned business enterprises, the number of actual
contracts issued to minority-owned and women-owned business enterprises;
and a summary of all waivers of the requirements of subdivisions six and
seven of section three hundred thirteen of this article allowed by the
reporting agency during the preceding year, including a description of
the basis of the waiver request and the rationale for granting such
waiver. Each agency shall also include in such annual report whether or
not it has been required to prepare a remedial plan, and, if so, the
plan and the extent to which the agency has complied with each element
of the plan.
[6.] 5. Each contracting agency that substantially fails to [meet the
goals supported by the disparity study,] MAKE GOOD FAITH EFFORT as
defined by regulation of the director, TO ACHIEVE THE MAXIMUM FEASIBLE
PARTICIPATION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN SUCH
AGENCY'S CONTRACTING shall be required to submit to the director a reme-
dial action plan to remedy such failure.
[7.] 6. If it is determined by the director that any agency has failed
to act in good faith to implement the remedial action plan, pursuant to
subdivision [six] FIVE of this section within one year, the director
shall provide written notice of such a finding, which shall be publicly
available, and direct implementation of remedial actions to:
(a) assure that sufficient and effective solicitation efforts to women
and minority-owned business enterprises are being made by said agency;
(b) divide contract requirements, when economically feasible, into
quantities that will expand the participation of women and minority-
owned business enterprises;
(c) eliminate extended experience or capitalization requirements, when
programmatically and economically feasible, that will expand partic-
ipation by women and minority-owned business enterprises;
(d) identify specific proposed contracts as particularly attractive or
appropriate for participation by women and minority-owned business
enterprises with such identification to result from and be coupled with
the efforts of paragraphs (a), (b), and (c) of this subdivision; and
(e) upon a finding by the director that an agency has failed to take
affirmative measures to implement the remedial plan and to follow any of
the remedial actions set forth by the director, and in the absence of
any objective progress towards the agency's goals, require some or all
of the agency's procurement, for a specified period of time, be placed
under the direction and control of another agency or agencies.
§ 8. Section 316-a of the executive law, as added by chapter 175 of
the laws of 2010, is amended to read as follows:
§ 316-a. Prohibitions in contracts; violations. Every contracting
agency shall include a provision in its state contracts expressly
providing that any contractor who willfully and intentionally fails TO
MAKE A GOOD FAITH EFFORT to comply with the minority and women-owned
participation requirements of this article as set forth in such state
contract shall be liable to the contracting agency for liquidated or
other appropriate damages and shall provide for other appropriate reme-
dies on account of such breach. A contracting agency that elects to
S. 1508--A 137 A. 2008--A
proceed against a contractor for breach of contract as provided in this
section shall be precluded from seeking enforcement pursuant to section
three hundred sixteen of this article; provided however, that the
contracting agency shall include a summary of all enforcement actions
undertaken pursuant to this section in its annual report submitted
pursuant to [subdivision three of] section three hundred fifteen of this
article.
§ 9. Subdivision 6 of section 163 of the state finance law, as amended
by chapter 569 of the laws of 2015 is amended to read as follows:
6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities in an amount not exceeding eighty-five thousand dollars
without a formal competitive process; state agencies may purchase
services and commodities in an amount not exceeding fifty thousand
dollars without a formal competitive process; and state agencies may
purchase commodities or services from small business concerns or those
certified pursuant to articles fifteen-A and seventeen-B of the execu-
tive law, or commodities or technology that are recycled or remanufac-
tured, or commodities that are food, including milk and milk products,
grown, produced or harvested in New York state in an amount not exceed-
ing [two] FOUR hundred thousand dollars without a formal competitive
process.
§ 10. Subparagraph (i) of paragraph (b) of subdivision 3 of section
2879 of the public authorities law, as amended by chapter 174 of the
laws of 2010, is amended to read as follows:
(i) for the selection of such contractors on a competitive basis, and
provisions relating to the circumstances under which the board may by
resolution waive competition, including, notwithstanding any other
provision of law requiring competition, the purchase of goods or
services from small business concerns [or] those certified as minority
or women-owned business enterprises, or goods or technology that are
recycled or remanufactured, in an amount not to exceed [two] FOUR
hundred thousand dollars without a formal competitive process;
§ 11. Paragraph (a) of subdivision 3 of section 139-j of the state
finance law is amended by adding two new subparagraphs 10 and 11 are
added to read as follows:
(10) COMPLAINTS BY MINORITY-OWNED BUSINESS ENTERPRISES OR WOMEN-OWNED
BUSINESS ENTERPRISES, CERTIFIED AS SUCH BY THE DIVISION OF MINORITY AND
WOMEN'S BUSINESS DEVELOPMENT, TO THE MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISE STATEWIDE ADVOCATE CONCERNING THE PROCURING GOVERNMENTAL
ENTITY'S FAILURE TO COMPLY WITH THE REQUIREMENTS OF SECTION THREE
HUNDRED FIFTEEN OF THE EXECUTIVE LAW;
(11) COMMUNICATIONS BETWEEN THE MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISE STATEWIDE ADVOCATE AND THE PROCURING GOVERNMENTAL ENTITY IN
FURTHERANCE OF AN INVESTIGATION OF THE MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISE STATEWIDE ADVOCATE PURSUANT TO SECTION THREE HUNDRED TWELVE-A
OF THE EXECUTIVE LAW.
§ 12. Subdivision 6 of section 8 of the public buildings law, as
amended by chapter 840 of the laws of 1980, is amended to read as
follows:
6. All contracts for amounts in excess of five thousand dollars for
the work of construction, reconstruction, alteration, repair or improve-
ment of any state building, whether constructed or to be constructed
must be offered for public bidding and may be awarded to the lowest
responsible and reliable bidder, as will best promote the public inter-
est, by the said department or other agency with the approval of the
S. 1508--A 138 A. 2008--A
comptroller for the whole or any part of the work to be performed, and,
in the discretion of the said department or other agency, such contracts
may be sublet; provided, however, that no such contract shall be awarded
to a bidder other than the lowest responsible and reliable bidder,
EXCEPT FOR CERTAIN CONTRACTS AWARDED TO MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISES AS PROVIDED HEREIN, without the written approval of the
comptroller. When a proposal consists of unit prices of items specified
to be performed, EXCEPT FOR CERTAIN CONTRACTS AWARDED TO MINORITY OR
WOMEN-OWNED BUSINESS ENTERPRISES AS PROVIDED HEREIN, the lowest bid
shall be deemed to be that which specifically states the lowest gross
sum for which the entire work will be performed, including all the items
specified in the proposal thereof. The lowest bid shall be determined by
the commissioner of general services on the basis of the gross sum for
which the entire work will be performed, arrived at by a correct compu-
tation of all the items specified in the proposal therefor at the unit
prices contained in the bid. PROVIDED, HOWEVER, THAT WHERE A RESPONSI-
BLE AND RELIABLE BIDDER CERTIFIED AS A MINORITY-OWNED BUSINESS ENTER-
PRISE OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO ARTICLE FIFTEEN-A
OF THE EXECUTIVE LAW SUBMITS A BID OF ONE MILLION FOUR HUNDRED THOUSAND
DOLLARS OR LESS, AS ADJUSTED ANNUALLY FOR INFLATION BEGINNING JANUARY
FIRST, TWO THOUSAND TWENTY, THE BID OF THE MINORITY OR WOMEN-OWNED BUSI-
NESS ENTERPRISE SHALL BE DEEMED THE LOWEST BID UNLESS IT EXCEEDS THE BID
OF ANY OTHER BIDDER BY MORE THAN TEN PERCENT.
§ 13. The penal law is amended by adding a new article 181 to read as
follows:
ARTICLE 181
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD
SECTION 181.00 DEFINITIONS.
181.10 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD IN THE
THIRD DEGREE.
181.20 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD IN THE
SECOND DEGREE.
181.30 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD IN THE
FIRST DEGREE.
§ 181.00 DEFINITIONS.
1. "MINORITY-OWNED BUSINESS ENTERPRISE" MEANS A BUSINESS ENTERPRISE
CERTIFIED AS SUCH PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
2. "STATE CONTRACT" SHALL HAVE THE SAME MEANING AS IN ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW.
3. "WOMEN-OWNED BUSINESS ENTERPRISE" MEANS A BUSINESS ENTERPRISE
CERTIFIED AS SUCH PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
§ 181.10 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD IN THE THIRD
DEGREE.
A PERSON IS GUILTY OF MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE
FRAUD IN THE THIRD DEGREE WHEN HE OR SHE KNOWINGLY PROVIDES MATERIALLY
FALSE INFORMATION OR OMITS MATERIAL INFORMATION CONCERNING THE USE OR
IDENTIFICATION OF A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FOR THE
PURPOSE OF BEING AWARDED, OR DEMONSTRATING COMPLIANCE WITH THE MINORITY
AND WOMEN-OWNED BUSINESS PARTICIPATION REQUIREMENTS OF A STATE CONTRACT.
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD IN THE THIRD DEGREE
IS A CLASS A MISDEMEANOR.
§ 181.20 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD IN THE SECOND
DEGREE.
S. 1508--A 139 A. 2008--A
A PERSON IS GUILTY OF MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE
FRAUD IN THE SECOND DEGREE WHEN HE OR SHE KNOWINGLY PROVIDES MATERIALLY
FALSE INFORMATION OR OMITS MATERIAL INFORMATION CONCERNING THE USE OR
IDENTIFICATION OF A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FOR THE
PURPOSE OF BEING AWARDED, OR DEMONSTRATING COMPLIANCE WITH THE MINORITY
AND WOMEN-OWNED BUSINESS PARTICIPATION REQUIREMENTS OF, A STATE
CONTRACT, AND THE STATE CONTRACT IS VALUED IN EXCESS OF FIFTY THOUSAND
DOLLARS.
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD IN THE SECOND DEGREE
IS A CLASS E FELONY.
§ 181.30 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD IN THE FIRST
DEGREE.
A PERSON IS GUILTY OF MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE
FRAUD IN THE FIRST DEGREE WHEN HE OR SHE KNOWINGLY PROVIDES MATERIALLY
FALSE INFORMATION OR OMITS MATERIAL INFORMATION CONCERNING THE USE OR
IDENTIFICATION OF A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FOR THE
PURPOSE OF BEING AWARDED, OR DEMONSTRATING COMPLIANCE WITH THE MINORITY
AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION REQUIREMENTS OF A
STATE CONTRACT, AND THE STATE CONTRACT IS VALUED IN EXCESS OF ONE
MILLION DOLLARS.
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE FRAUD IN THE FIRST DEGREE
IS A CLASS D FELONY.
§ 14. The opening paragraph of subdivision (h) of section 121 of chap-
ter 261 of the laws of 1988, amending the state finance law and other
laws relating to the New York state infrastructure trust fund, as
amended by section 1 of part OOO of chapter 59 of the laws of 2018, is
amended to read as follows:
The provisions of sections sixty-two through sixty-six of this act
shall expire AND BE DEEMED REPEALED on December thirty-first, two thou-
sand [nineteen] TWENTY-FOUR, except that:
§ 15. The executive law is amended by adding a new article 28 to read
as follows:
ARTICLE 28
WORKFORCE DIVERSITY PROGRAM
SECTION 821. DEFINITIONS.
822. WORKFORCE PARTICIPATION GOALS.
823. REPORTING.
824. ENFORCEMENT.
825. POWERS AND RESPONSIBILITIES OF THE DIVISION.
826. SEVERABILITY.
§ 821. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "CONTRACTOR" SHALL MEAN AN INDIVIDUAL, A BUSINESS ENTERPRISE,
INCLUDING A SOLE PROPRIETORSHIP, A PARTNERSHIP, A CORPORATION, A NOT-
FOR-PROFIT CORPORATION, OR ANY OTHER PARTY TO A STATE CONTRACT, OR A
BIDDER IN CONJUNCTION WITH THE AWARD OF A STATE CONTRACT OR A PROPOSED
PARTY TO A STATE CONTRACT.
2. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF LABOR.
3. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE DIVISION OF MINORITY AND
WOMEN'S BUSINESS DEVELOPMENT.
4. "DISPARITY STUDY" SHALL MEAN THE MOST RECENT STUDY OF DISPARITIES
BETWEEN THE UTILIZATION OF MINORITY GROUP MEMBERS AND WOMEN IN THE
PERFORMANCE OF STATE CONTRACTS AND THE AVAILABILITY OF MINORITY GROUP
S. 1508--A 140 A. 2008--A
MEMBERS AND WOMEN TO PERFORM SUCH WORK BY THE DIRECTOR PURSUANT TO ARTI-
CLE FIFTEEN-A OF THIS CHAPTER.
5. "DIVISION" SHALL MEAN THE DEPARTMENT OF ECONOMIC DEVELOPMENT'S
DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT.
6. "LIST OF NON-COMPLIANT CONTRACTORS" SHALL MEAN A LIST OF CONTRAC-
TORS AND SUBCONTRACTORS, MAINTAINED BY THE DIVISION AND PUBLISHED ON THE
WEBSITE OF THE DIVISION, THAT ARE INELIGIBLE TO PARTICIPATE AS CONTRAC-
TORS OR SUBCONTRACTORS IN THE PERFORMANCE OF STATE CONTRACTS FOR A TERM
DETERMINED BY THE DIRECTOR.
7. "MINORITY GROUP MEMBER" SHALL MEAN A UNITED STATES CITIZEN OR
PERMANENT RESIDENT ALIEN WHO IS AND CAN DEMONSTRATE MEMBERSHIP IN ONE OF
THE FOLLOWING GROUPS:
(A) BLACK PERSONS HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL
GROUPS;
(B) HISPANIC/LATINO PERSONS OF MEXICAN, PUERTO RICAN, DOMINICAN,
CUBAN, CENTRAL OR SOUTH AMERICAN OF EITHER INDIAN OR HISPANIC ORIGIN,
REGARDLESS OF RACE;
(C) NATIVE AMERICAN OR ALASKAN NATIVE PERSONS HAVING ORIGINS IN ANY OF
THE ORIGINAL PEOPLES OF NORTH AMERICA;
(D) ASIAN AND PACIFIC ISLANDER PERSONS HAVING ORIGINS IN ANY OF THE
FAR EAST COUNTRIES, SOUTH EAST ASIA, THE INDIAN SUBCONTINENT OR THE
PACIFIC ISLANDS.
8. "NON-COMPLIANT CONTRACTOR" SHALL MEAN A CONTRACTOR OR SUBCONTRACTOR
THAT HAS FAILED TO MAKE A GOOD FAITH EFFORT TO MEET THE WORKFORCE
PARTICIPATION GOAL ESTABLISHED BY A STATE AGENCY ON A STATE CONTRACT,
AND HAS BEEN LISTED BY THE DIVISION ON ITS LIST OF NON-COMPLIANT
CONTRACTORS.
9. "STATE AGENCY" SHALL MEAN (A)(I) ANY STATE DEPARTMENT, OR (II) ANY
DIVISION, BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR (III)
THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF NEW YORK,
INCLUDING ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND THE
INDEPENDENT INSTITUTIONS OPERATING STATUTORY OR CONTRACT COLLEGES ON
BEHALF OF THE STATE, OR (IV) A BOARD, A MAJORITY OF WHOSE MEMBERS ARE
APPOINTED BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING STATE OFFICERS
OR EMPLOYEES AS DEFINED IN SUBPARAGRAPH (I), (II) OR (III) OF PARAGRAPH
(I) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW.
(B) A "STATE AUTHORITY," AS DEFINED IN SUBDIVISION ONE OF SECTION TWO
OF THE PUBLIC AUTHORITIES LAW, AND THE FOLLOWING:
ALBANY COUNTY AIRPORT AUTHORITY;
ALBANY PORT DISTRICT COMMISSION;
ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
BATTERY PARK CITY AUTHORITY;
CAYUGA COUNTY WATER AND SEWER AUTHORITY;
(NELSON A. ROCKEFELLER) EMPIRE STATE PLAZA PERFORMING ARTS CENTER
CORPORATION;
INDUSTRIAL EXHIBIT AUTHORITY;
LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
LONG ISLAND POWER AUTHORITY;
LONG ISLAND RAIL ROAD;
LONG ISLAND MARKET AUTHORITY;
MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
METRO-NORTH COMMUTER RAILROAD;
METROPOLITAN SUBURBAN BUS AUTHORITY;
METROPOLITAN TRANSPORTATION AUTHORITY;
NATURAL HERITAGE TRUST;
S. 1508--A 141 A. 2008--A
NEW YORK CITY TRANSIT AUTHORITY;
NEW YORK CONVENTION CENTER OPERATING CORPORATION;
NEW YORK STATE BRIDGE AUTHORITY;
NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
NEW YORK STATE THRUWAY AUTHORITY;
NIAGARA FALLS PUBLIC WATER AUTHORITY;
NIAGARA FALLS WATER BOARD;
PORT OF OSWEGO AUTHORITY;
POWER AUTHORITY OF THE STATE OF NEW YORK;
ROOSEVELT ISLAND OPERATING CORPORATION;
SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
STATE INSURANCE FUND;
STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
STATE UNIVERSITY CONSTRUCTION FUND;
SYRACUSE REGIONAL AIRPORT AUTHORITY;
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS.
(C) THE FOLLOWING ONLY TO THE EXTENT OF STATE CONTRACTS ENTERED INTO
FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS DEFINED IN
PARAGRAPH (A) OR (B) OF THIS SUBDIVISION:
DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
FACILITIES DEVELOPMENT CORPORATION;
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION.
10. "STATE CONTRACT" SHALL MEAN: (A) A WRITTEN AGREEMENT OR PURCHASE
ORDER INSTRUMENT, PROVIDING FOR A TOTAL EXPENDITURE IN EXCESS OF FIFTY
THOUSAND DOLLARS, WHEREBY A STATE AGENCY IS COMMITTED TO EXPEND OR DOES
EXPEND OR GRANT FUNDS IN RETURN FOR LABOR, SERVICES INCLUDING BUT NOT
LIMITED TO LEGAL, FINANCIAL AND OTHER PROFESSIONAL SERVICES, SUPPLIES,
EQUIPMENT, MATERIALS OR ANY COMBINATION OF THE FOREGOING, TO BE
PERFORMED ON BEHALF OF, FOR, OR RENDERED OR FURNISHED TO THE STATE AGEN-
CY; (B) A WRITTEN AGREEMENT IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS
WHEREBY A STATE AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND OR GRANT
FUNDS FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR
REPAIR OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON; AND (C)
A WRITTEN AGREEMENT IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS WHEREBY
THE OWNER OF A STATE ASSISTED HOUSING PROJECT IS COMMITTED TO EXPEND OR
DOES EXPEND FUNDS FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION,
REPLACEMENT, MAJOR REPAIR OR RENOVATION OF REAL PROPERTY AND IMPROVE-
MENTS THEREON FOR SUCH PROJECT.
11. "SUBCONTRACTOR" SHALL MEAN ANY INDIVIDUAL OR BUSINESS ENTERPRISE
THAT PROVIDES GOODS OR SERVICES TO ANY INDIVIDUAL OR BUSINESS FOR USE IN
THE PERFORMANCE OF A STATE CONTRACT, WHETHER OR NOT SUCH GOODS OR
SERVICES ARE PROVIDED TO A PARTY TO A STATE CONTRACT.
§ 822. WORKFORCE PARTICIPATION GOALS. 1. THE DIRECTOR, IN CONSULTA-
TION WITH THE DEPARTMENT, SHALL DEVELOP ASPIRATIONAL GOALS FOR THE
UTILIZATION OF MINORITY GROUP MEMBERS AND WOMEN IN ANY TRADE, PROFES-
SION, OCCUPATION, OR CATEGORIES THEREOF.
(A) ASPIRATIONAL GOALS FOR THE UTILIZATION OF MINORITY GROUP MEMBERS
AND WOMEN MUST SET FORTH THE EXPECTED PARTICIPATION OF MINORITY GROUP
MEMBERS AND WOMEN IN EACH TRADE, PROFESSION, AND OCCUPATION, OR CATEGO-
RIES THEREOF AND SHALL BE EXPRESSED AS A PERCENTAGE OF THE TOTAL HOURS
OF WORK TO BE PERFORMED BY EACH TRADE, PROFESSION, AND OCCUPATION BASED
S. 1508--A 142 A. 2008--A
ON THE AVAILABILITY OF MINORITY GROUP MEMBERS AND WOMEN WITHIN EACH
TRADE, PROFESSION, AND OCCUPATION OR CATEGORIES THEREOF.
(I) THE ASPIRATIONAL GOALS SHALL SET FORTH SEPARATE LEVELS OF EXPECTED
PARTICIPATION BY MEN AND WOMEN FOR EACH MINORITY GROUP, AND FOR CAUCA-
SIAN WOMEN, IN EACH TRADE, PROFESSION, AND OCCUPATION OF CATEGORIES
THEREOF.
(II) ASPIRATIONAL GOALS FOR THE EXPECTED PARTICIPATION OF MINORITY
GROUP MEMBERS AND WOMEN SHALL BE ESTABLISHED FOR EACH COUNTY OF THE
STATE. THE DIRECTOR MAY ESTABLISH ASPIRATIONAL GOALS FOR THE EXPECTED
PARTICIPATION OF MINORITY GROUP MEMBERS AND WOMEN FOR MUNICIPALITIES
WHERE THE DIRECTOR DEEMS FEASIBLE AND APPROPRIATE.
(III) THE DIRECTOR SHALL, IN ESTABLISHING THE ASPIRATIONAL GOALS,
CONSIDER THE FINDINGS OF THE MOST RECENT DISPARITY STUDY AND ANY RELE-
VANT DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
(B) THE DIRECTOR SHALL UPDATE THE ASPIRATIONAL GOALS ON A PERIODIC
BASIS, NO LESS THAN BIANNUALLY.
2. STATE AGENCIES SHALL, FOR EACH INVITATION FOR BIDS, REQUEST FOR
PROPOSALS, OR OTHER SOLICITATION THAT WILL RESULT IN THE AWARD OF A
STATE CONTRACT, SET FORTH THE EXPECTED DEGREE OF WORKFORCE PARTICIPATION
BY MINORITY GROUP MEMBERS AND WOMEN.
(A) EACH WORKFORCE PARTICIPATION GOAL ESTABLISHED BY A STATE AGENCY
SHALL SET FORTH THE EXPECTED LEVEL OF PARTICIPATION BY MINORITY GROUP
MEMBERS AND WOMEN IN THE PERFORMANCE OF EACH TRADE, PROFESSION, AND
OCCUPATION REQUIRED IN THE PERFORMANCE OF THE CONTRACT.
(B) GOALS FOR THE PARTICIPATION OF MINORITY GROUP MEMBERS AND WOMEN
SHALL SET FORTH SEPARATE GOALS FOR EACH OF THE FOLLOWING GROUPS IN EACH
TRADE, PROFESSION, AND OCCUPATION OR CATEGORIES THEREOF:
(I) BLACK MEN;
(II) BLACK WOMEN;
(III) HISPANIC MEN;
(IV) HISPANIC WOMEN;
(V) NATIVE AMERICAN MEN;
(VI) NATIVE AMERICAN WOMEN;
(VII) ASIAN MEN;
(VIII) ASIAN WOMEN;
(IX) CAUCASIAN WOMEN.
(C) IN ESTABLISHING WORKFORCE PARTICIPATION GOALS, STATE AGENCIES
SHALL CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO:
(I) THE FINDINGS OF THE DISPARITY STUDY;
(II) ANY RELEVANT DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU;
AND
(III) IF APPLICABLE, ANY ASPIRATIONAL GOAL ESTABLISHED BY THE DIVI-
SION.
(D) IN ANY CASE WHERE A STATE AGENCY ESTABLISHES A WORKFORCE PARTIC-
IPATION GOAL ON AN INVITATION FOR BIDS, REQUEST FOR PROPOSALS, OR OTHER
SOLICITATION THAT WILL RESULT IN THE AWARD OF A STATE CONTRACT THAT
DEVIATES FROM THE ASPIRATIONAL GOAL FOR WORK OR SERVICE IN THE COUNTY OR
MUNICIPALITY IN WHICH THE WORK OR SERVICE WILL BE PERFORMED, THE STATE
AGENCY SHALL DOCUMENT NUMERICAL EVIDENCE DEMONSTRATING THAT THE APPLICA-
TION OF THE ASPIRATIONAL GOAL WOULD NOT BE PRACTICAL, FEASIBLE, OR
APPROPRIATE.
3. EVERY CONTRACTOR RESPONDING TO AN INVITATION FOR BIDS, REQUEST FOR
PROPOSALS, OR OTHER SOLICITATION THAT WILL RESULT IN THE AWARD OF A
STATE CONTRACT SUBJECT TO WORKFORCE PARTICIPATION GOALS PURSUANT TO THIS
SECTION SHALL AGREE TO MAKE A GOOD FAITH EFFORT TO ACHIEVE SUCH WORK-
FORCE PARTICIPATION GOAL OR REQUEST A WAIVER OF SUCH GOAL.
S. 1508--A 143 A. 2008--A
(A) A CONTRACTOR THAT CERTIFIES THAT IT WILL MAKE A GOOD FAITH EFFORT
TO ACHIEVE A WORKFORCE PARTICIPATION GOAL SHALL PROVIDE WITH ITS
RESPONSE TO THE APPLICABLE INVITATION FOR BIDS, REQUEST FOR PROPOSALS,
OR OTHER SOLICITATION:
(I) A CERTIFICATION STATING THAT THE CONTRACTOR WILL MAKE A GOOD FAITH
EFFORT TO ACHIEVE THE APPLICABLE WORKFORCE PARTICIPATION GOAL AND WILL
CONTRACTUALLY REQUIRE ANY SUBCONTRACTORS TO THE CONTRACTOR TO MAKE A
GOOD FAITH EFFORT TO ACHIEVE THE APPLICABLE WORKFORCE PARTICIPATION GOAL
IN ANY SUBCONTRACTED WORK, WHICH CERTIFICATION SHALL ACKNOWLEDGE THAT
FAILURE BY THE CONTRACTOR OR ANY OF ITS SUBCONTRACTORS TO MAKE A GOOD
FAITH EFFORT TO ACHIEVE THE APPLICABLE WORKFORCE PARTICIPATION GOAL MAY
RESULT IN A DETERMINATION BY THE CONTRACTING STATE AGENCY THAT THE
CONTRACTOR OR ITS SUBCONTRACTOR IS A NON-COMPLIANT CONTRACTOR;
(II) THE LEVEL OF ANTICIPATED PARTICIPATION BY MINORITY GROUP MEMBERS
AND WOMEN AS EMPLOYEES TO THE CONTRACTOR, OR, IF THE STATE AGENCY HAS
SPECIFICALLY INDICATED THAT SUCH DOCUMENTATION IS NOT REQUIRED AS PART
OF THE RESPONSE TO THE INVITATION FOR BIDS, REQUEST FOR PROPOSALS, OR
OTHER SOLICITATION, A DATE CERTAIN FOR THE SUBMISSION OF SUCH DOCUMENTA-
TION AFTER THE AWARD OF THE STATE CONTRACT;
(III) A LIST OF ALL SUBCONTRACTORS ANTICIPATED TO PERFORM WORK ON THE
STATE CONTRACT AND THE LEVEL OF ANTICIPATED PARTICIPATION BY MINORITY
GROUP MEMBERS AND WOMEN AS EMPLOYEES TO EACH SUBCONTRACTOR, OR, IF THE
STATE AGENCY HAS SPECIFICALLY INDICATED THAT SUCH DOCUMENTATION IS NOT
REQUIRED AS PART OF THE RESPONSE TO THE INVITATION FOR BIDS, REQUEST FOR
PROPOSALS, OR OTHER SOLICITATION, A DATE CERTAIN FOR THE SUBMISSION OF
SUCH DOCUMENTATION AFTER THE AWARD OF THE STATE CONTRACT; AND
(IV) SUCH OTHER INFORMATION AS THE CONTRACTING STATE AGENCY SHALL
REQUIRE.
(B) A CONTRACTOR THAT REQUESTS A WAIVER OF A WORKFORCE PARTICIPATION
GOAL SHALL PROVIDE WITH ITS RESPONSE TO THE APPLICABLE INVITATION FOR
BIDS, REQUEST FOR PROPOSALS, OR OTHER SOLICITATION:
(I) NUMERICAL EVIDENCE SETTING FORTH WHY THE ACHIEVEMENT OF THE WORK-
FORCE PARTICIPATION GOAL IS NOT PRACTICAL, FEASIBLE, OR APPROPRIATE IN
LIGHT OF THE TRADES, PROFESSIONS, AND OCCUPATIONS REQUIRED TO PERFORM
THE WORK OF THE STATE CONTRACT;
(II) DOCUMENTATION OF THE CONTRACTOR'S EFFORTS, AND ANY EFFORTS BY
SUBCONTRACTORS TO THE CONTRACTOR, TO PROMOTE THE INCLUSION OF MINORITY
GROUP MEMBERS AND WOMEN IN TRADES, PROFESSIONS, AND OCCUPATIONS REQUIRED
IN THE PERFORMANCE OF THE STATE CONTRACT;
(III) THE MAXIMUM FEASIBLE LEVEL OF PARTICIPATION BY MINORITY GROUP
MEMBERS AND WOMEN IN EACH OF THE TRADES, PROFESSIONS, AND OCCUPATIONS
REQUIRED IN THE PERFORMANCE OF THE WORK OF THE STATE CONTRACT;
(IV) THE LEVEL OF ANTICIPATED PARTICIPATION BY MINORITY GROUP MEMBERS
AND WOMEN AS EMPLOYEES TO THE CONTRACTOR;
(V) A LIST OF ALL SUBCONTRACTORS ANTICIPATED TO PERFORM WORK ON THE
STATE CONTRACT AND THE LEVEL OF ANTICIPATED PARTICIPATION BY MINORITY
GROUP MEMBERS AND WOMEN AS EMPLOYEES TO EACH SUBCONTRACTOR; AND
(VI) ANY OTHER RELEVANT INFORMATION EVIDENCING THAT THE CONTRACTOR'S
ACHIEVEMENT OF THE WORKFORCE PARTICIPATION GOAL WOULD NOT BE PRACTICAL,
FEASIBLE, OR APPROPRIATE.
4. A STATE AGENCY SHALL NOT AWARD A STATE CONTRACT TO A CONTRACTOR
UNLESS THE CONTRACTOR HAS (I) CERTIFIED THAT IT WILL MAKE A GOOD FAITH
EFFORT TO ACHIEVE THE APPLICABLE WORKFORCE PARTICIPATION GOAL AND
PROVIDED DOCUMENTATION OF THE WORKFORCE ANTICIPATED TO PERFORM THE WORK
OF THE STATE CONTRACT OR (II) SUBMITTED A WAIVER REQUEST WHICH THE STATE
AGENCY DEEMS TO REFLECT THE MAXIMUM FEASIBLE PARTICIPATION OF MINORITY
S. 1508--A 144 A. 2008--A
GROUP MEMBERS AND WOMEN IN EACH OF THE TRADES, PROFESSIONS, AND OCCUPA-
TIONS REQUIRED IN PERFORMANCE OF THE WORK OF THE STATE CONTRACT.
(A) IN THE EVENT THAT A CONTRACTOR SUBMITS A CERTIFICATION OR WAIVER
REQUEST THAT IS ACCEPTED BY THE STATE AGENCY, THE STATE AGENCY SHALL
ESTABLISH IN THE STATE CONTRACT THE EXPECTED LEVEL OF PARTICIPATION BY
MINORITY GROUP MEMBERS AND WOMEN IN EACH OF THE TRADES, PROFESSIONS, AND
OCCUPATIONS REQUIRED IN PERFORMANCE OF THE WORK OF THE STATE CONTRACT,
REQUIRE THAT THE CONTRACTOR MAKE GOOD FAITH EFFORTS TO ACHIEVE SUCH
WORKFORCE PARTICIPATION GOALS, REQUIRE THAT THE CONTRACTOR REQUIRE ANY
SUBCONTRACTORS TO MAKE A GOOD FAITH EFFORT TO ACHIEVE THE APPLICABLE
WORKFORCE PARTICIPATION GOAL IN ANY SUBCONTRACTED WORK, AND INDICATE
THAT THE FAILURE OF THE CONTRACTOR OR ANY OF ITS SUBCONTRACTORS TO MAKE
A GOOD FAITH EFFORT TO ACHIEVE THE WORKFORCE PARTICIPATION GOAL MAY
RESULT IN THE CONTRACTOR OR SUBCONTRACTOR BEING DEEMED A NON-COMPLIANT
CONTRACTOR.
(B) IN THE EVENT THAT A CONTRACTOR FAILS TO SUBMIT A CERTIFICATION,
WAIVER REQUEST, OR ANY OTHER INFORMATION REQUIRED BY THE STATE AGENCY,
OR THE STATE AGENCY DETERMINES THAT A CONTRACTOR'S WAIVER REQUEST DOES
NOT DEMONSTRATE THAT THE APPLICABLE WORKFORCE PARTICIPATION GOAL IS
IMPRACTICAL, UNFEASIBLE, OR INAPPROPRIATE, THE STATE AGENCY SHALL NOTIFY
THE CONTRACTOR OF THE DEFICIENCY IN WRITING AND PROVIDE THE CONTRACTOR
FIVE BUSINESS DAYS TO REMEDY THE NOTICED DEFICIENCY. A STATE AGENCY
SHALL REJECT ANY BID OR PROPOSAL OF A CONTRACTOR THAT FAILS TO TIMELY
RESPOND TO A NOTICE OF DEFICIENCY OR TO PROVIDE DOCUMENTATION REMEDYING
THE DEFICIENCY TO THE SATISFACTION OF THE STATE AGENCY.
(I) WHERE FAILURE TO REMEDY ANY NOTIFIED DEFICIENCY IN THE WORKFORCE
UTILIZATION PLAN IS A GROUND FOR DISQUALIFICATION, THAT ISSUE AND ALL
OTHER GROUNDS FOR DISQUALIFICATION SHALL BE STATED IN WRITING BY THE
CONTRACTING STATE AGENCY. THE CONTRACTOR SHALL BE ENTITLED TO AN ADMIN-
ISTRATIVE HEARING, ON THE RECORD, INVOLVING ALL GROUNDS STATED BY THE
CONTRACTING STATE AGENCY IN ITS NOTICE OF THE CONTRACTOR'S DISQUALIFICA-
TION. SUCH HEARING SHALL BE CONDUCTED BY THE APPROPRIATE AUTHORITY OF
THE CONTRACTING AGENCY TO REVIEW THE DETERMINATION OF DISQUALIFICATION.
A FINAL ADMINISTRATIVE DETERMINATION MADE FOLLOWING SUCH HEARING SHALL
BE REVIEWABLE IN A PROCEEDING COMMENCED UNDER ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES, PROVIDED THAT SUCH PROCEEDING IS
COMMENCED WITHIN THIRTY DAYS OF THE NOTICE GIVEN BY CERTIFIED MAIL
RETURN RECEIPT REQUESTED RENDERING SUCH FINAL ADMINISTRATIVE DETERMI-
NATION. SUCH PROCEEDING SHALL BE COMMENCED IN THE SUPREME COURT, APPEL-
LATE DIVISION, THIRD DEPARTMENT AND SUCH PROCEEDING SHALL BE PREFERRED
OVER ALL OTHER CIVIL CAUSES EXCEPT ELECTION CAUSES, AND SHALL BE HEARD
AND DETERMINED IN PREFERENCE TO ALL OTHER CIVIL BUSINESS PENDING THERE-
IN, EXCEPT ELECTION MATTERS, IRRESPECTIVE OF POSITION ON THE CALENDAR.
APPEALS TAKEN TO THE COURT OF APPEALS OF THE STATE OF NEW YORK SHALL BE
SUBJECT TO THE SAME PREFERENCE.
§ 823. REPORTING. 1. STATE CONTRACTS SHALL REQUIRE CONTRACTORS TO
SUBMIT, AND TO REQUIRE ANY SUBCONTRACTORS TO SUBMIT, TO THE CONTRACTING
STATE AGENCY REPORTS DOCUMENTING THE HOURS WORKED BY EMPLOYEES OF THE
CONTRACTOR AND ANY SUBCONTRACTORS IN THE PERFORMANCE OF THE WORK OF THE
STATE CONTRACT. SUCH REPORTS SHALL BE SUBMITTED NO LESS FREQUENTLY THAN
MONTHLY FOR STATE CONTRACTS FOR CONSTRUCTION AND QUARTERLY FOR ALL OTHER
STATE CONTRACTS. SUCH REPORTS SHALL IDENTIFY THE RACE, ETHNICITY,
GENDER, AND TRADE, PROFESSION, OR OCCUPATION OF EACH EMPLOYEE PERFORMING
WORK ON A STATE CONTRACT.
2. STATE AGENCIES SHALL SUBMIT PERIODIC REPORTS TO THE DIRECTOR, OR
THE DESIGNEE OF THE DIRECTOR, CONCERNING THE PARTICIPATION OF MINORITY
S. 1508--A 145 A. 2008--A
GROUP MEMBERS AND WOMEN IN STATE CONTRACTS LET BY SUCH AGENCIES AND SUCH
STATE AGENCIES' COMPLIANCE WITH THIS ARTICLE. SUCH REPORTS SHALL BE
SUBMITTED AT SUCH TIME, AND INCLUDE SUCH INFORMATION, AS THE DIRECTOR
SHALL REQUIRE IN REGULATIONS. STATE AGENCIES SHALL MAKE AVAILABLE THEIR
FACILITIES, BOOKS, AND RECORDS FOR INSPECTION, UPON REASONABLE NOTICE,
BY THE DIRECTOR OR THE DIRECTOR'S DESIGNEE.
3. THE DEPARTMENT SHALL PROVIDE SUCH ASSISTANCE AS THE DIRECTOR SHALL
REQUIRE IN CARRYING OUT THE REQUIREMENTS OF THIS SECTION.
§ 824. ENFORCEMENT. 1. WHERE IT APPEARS THAT A CONTRACTOR CANNOT,
AFTER A GOOD FAITH EFFORT, MEET THE WORKFORCE PARTICIPATION GOALS SET
FORTH IN A PARTICULAR STATE CONTRACT, A CONTRACTOR MAY FILE A WRITTEN
APPLICATION WITH THE CONTRACTING STATE AGENCY REQUESTING A PARTIAL OR
TOTAL WAIVER OF SUCH REQUIREMENTS. SUCH REQUEST SHALL SET FORTH THE
REASONS FOR SUCH CONTRACTOR'S INABILITY TO MEET THE WORKFORCE PARTIC-
IPATION GOAL, SPECIFICALLY DESCRIBE THE REASONS FOR ANY DEVIATIONS FROM
THE ANTICIPATED WORKFORCE PARTICIPATION GOAL SET FORTH IN THE CONTRAC-
TOR'S BID OR PROPOSAL LEADING TO THE AWARD OF THE STATE CONTRACT, AND
DESCRIBE THE EFFORTS BY THE CONTRACTOR AND ANY SUBCONTRACTORS TO ACHIEVE
THE MAXIMUM FEASIBLE PARTICIPATION OF MINORITY GROUP MEMBERS AND WOMEN
IN THE PERFORMANCE OF THE WORK OF THE STATE CONTRACT. WHERE THE CONTRAC-
TOR'S INABILITY TO ACHIEVE THE WORKFORCE PARTICIPATION GOAL ON A STATE
CONTRACT IS ATTRIBUTABLE TO THE FAILURE OF ONE OR MORE SUBCONTRACTORS TO
MAKE GOOD FAITH EFFORTS TO ACHIEVE THE MAXIMUM FEASIBLE PARTICIPATION OF
MINORITY GROUP MEMBERS AND WOMEN IN THE PERFORMANCE OF THE WORK OF THE
STATE CONTRACT, THE CONTRACTOR SHALL IDENTIFY SUCH SUBCONTRACTOR OR
SUBCONTRACTORS TO THE CONTRACTING STATE AGENCY.
2. A STATE AGENCY SHALL GRANT A REQUEST FOR A WAIVER OF WORKFORCE
PARTICIPATION GOALS ON A STATE CONTRACT WHERE:
(A) THE CONTRACTOR DEMONSTRATES THAT THE CONTRACTOR AND ITS SUBCON-
TRACTORS MADE GOOD FAITH EFFORTS TO ACHIEVE THE WORKFORCE PARTICIPATION
GOAL ON THE STATE CONTRACT, AND THAT INSUFFICIENT MINORITY GROUP MEMBERS
OR WOMEN WERE AVAILABLE IN THE TRADES, PROFESSIONS, AND OCCUPATIONS
REQUIRED TO PERFORM THE WORK OF THE STATE CONTRACT; OR
(B) THE CONTRACTOR CONTRACTUALLY REQUIRED EACH OF ITS SUBCONTRACTORS
TO MAKE A GOOD FAITH EFFORT TO ACHIEVE THE MAXIMUM FEASIBLE PARTIC-
IPATION OF MINORITY GROUP MEMBERS AND WOMEN IN THE PERFORMANCE OF THE
SUBCONTRACTED WORK, PERIODICALLY MONITORED SUCH SUBCONTRACTORS' DEPLOY-
MENT OF MINORITY GROUP MEMBERS AND WOMEN IN THE PERFORMANCE OF THE
SUBCONTRACTED WORK, PROVIDED NOTICE TO SUCH SUBCONTRACTORS OF ANY DEFI-
CIENCIES IN THEIR DEPLOYMENT OF MINORITY GROUP MEMBERS AND WOMEN IN THE
PERFORMANCE OF SUCH SUBCONTRACTED WORK, AND COULD NOT ACHIEVE THE WORK-
FORCE PARTICIPATION GOAL FOR ONE OR MORE TRADES, PROFESSIONS, OR OCCUPA-
TIONS WITHOUT THE GOOD FAITH EFFORTS OF SUCH SUBCONTRACTORS.
3. WHERE A STATE AGENCY DENIES A CONTRACTOR'S REQUEST FOR A WAIVER OF
WORKFORCE PARTICIPATION GOALS PURSUANT TO THIS SECTION, THE STATE AGENCY
SHALL RECOMMEND TO THE DIRECTOR AND THE DEPARTMENT THAT THE CONTRACTOR
BE DEEMED A NON-COMPLIANT CONTRACTOR.
4. WHERE A STATE AGENCY GRANTS A REQUEST FOR A WAIVER OF WORKFORCE
PARTICIPATION GOALS PURSUANT TO THIS SECTION BASED ON ONE OR MORE
SUBCONTRACTORS' FAILURE TO MAKE GOOD FAITH EFFORTS TO ACHIEVE THE MAXI-
MUM FEASIBLE PARTICIPATION OF MINORITY GROUP MEMBERS AND WOMEN IN THE
PERFORMANCE OF THE SUBCONTRACTED WORK, THE STATE AGENCY SHALL RECOMMEND
TO THE DIRECTOR AND THE DEPARTMENT THAT THE SUBCONTRACTOR BE DEEMED A
NON-COMPLIANT CONTRACTOR.
5. UPON RECEIPT OF A RECOMMENDATION FROM A STATE AGENCY THAT A
CONTRACTOR OR SUBCONTRACTOR SHOULD BE DEEMED A NON-COMPLIANT CONTRACTOR,
S. 1508--A 146 A. 2008--A
THE DIRECTOR SHALL, WITH THE ASSISTANCE OF THE DEPARTMENT, REVIEW THE
FACTS AND CIRCUMSTANCES FORMING THE BASIS OF THE RECOMMENDATION AND
ISSUE A DETERMINATION AS TO WHETHER OR NOT THE CONTRACTOR OR SUBCONTRAC-
TOR SHOULD BE DEEMED A NON-COMPLIANT CONTRACTOR AND, IF SO, THE DURATION
OF SUCH STATUS AS A NON-COMPLIANT CONTRACTOR. IN DETERMINING THE DURA-
TION OF A CONTRACTOR'S OR SUBCONTRACTOR'S STATUS AS A NON-COMPLIANT
CONTRACTOR, THE DIRECTOR SHALL CONSIDER:
(I) WHETHER THE CONTRACTOR OR SUBCONTRACTOR HAS PREVIOUSLY BEEN DEEMED
A NON-COMPLIANT CONTRACTOR;
(II) THE NUMBER OF HOURS OF EXPECTED PARTICIPATION BY MINORITY GROUP
MEMBERS AND WOMEN LOST AS A RESULT OF THE CONTRACTOR'S OR SUBCONTRAC-
TOR'S FAILURE TO MAKE GOOD FAITH EFFORTS TO INCLUDE MINORITY GROUP
MEMBERS OR WOMEN IN THE PERFORMANCE OF ONE OR MORE STATE CONTRACTS; AND
(III) WHETHER THE CONTRACTOR OR SUBCONTRACTOR HAS OFFERED TO PROVIDE
EMPLOYMENT OPPORTUNITIES, TRAINING, OR OTHER REMEDIAL BENEFITS TO MINOR-
ITY GROUP MEMBERS OR WOMEN IN RELEVANT TRADES, PROFESSIONS, OR OCCUPA-
TIONS.
6. A CONTRACTOR OR SUBCONTRACTOR DEEMED A NON-COMPLIANT CONTRACTOR BY
THE DIRECTOR MAY REQUEST AN ADMINISTRATIVE HEARING BEFORE AN INDEPENDENT
HEARING OFFICER TO APPEAL THE DETERMINATION OF THE DIRECTOR. THE DECI-
SION OF THE HEARING OFFICER SHALL BE FINAL AND MAY ONLY BE VACATED OR
MODIFIED AS PROVIDED IN ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES UPON AN APPLICATION MADE WITHIN THE TIME PROVIDED BY SUCH
ARTICLE.
7. UPON A FINAL DETERMINATION THAT A CONTRACTOR OR SUBCONTRACTOR IS A
NON-COMPLIANT CONTRACTOR, THE DIRECTOR SHALL LIST THE CONTRACTOR OR
SUBCONTRACTOR AS SUCH ON ITS WEBSITE AND INDICATE THE TERM OF SUCH
CONTRACTOR'S OR SUBCONTRACTOR'S STATUS AS A NON-COMPLIANT CONTRACTOR. A
NON-COMPLIANT CONTRACTOR SHALL BE INELIGIBLE TO PARTICIPATE AS A
CONTRACTOR OR SUBCONTRACTOR ON ANY STATE CONTRACT.
§ 825. POWERS AND RESPONSIBILITIES OF THE DIVISION. 1. THE DIRECTOR
SHALL POST TO THE WEBSITE OF THE DIVISION ON OR BEFORE OCTOBER FIRST OF
EACH YEAR THE ASPIRATIONAL GOALS FOR THE UTILIZATION OF MINORITY GROUP
MEMBERS AND WOMEN IN CERTAIN TRADES, PROFESSIONS AND/OR OCCUPATIONS AS
REQUIRED PURSUANT TO SECTION EIGHT HUNDRED TWENTY-TWO OF THIS ARTICLE.
2. THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS FOR THE IMPLE-
MENTATION OF THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO, PROCEDURES FOR
THE SUBMISSION OF CERTIFICATIONS AND WORKFORCE UTILIZATION PLANS BY
CONTRACTORS, CRITERIA FOR GRANTING WAIVERS OF WORKFORCE PARTICIPATION
GOALS, AND THE CONTENTS OF REPORTS BY STATE AGENCIES CONCERNING THEIR
IMPLEMENTATION OF THE REQUIREMENTS OF THIS ARTICLE.
3. THE DIVISION SHALL, FROM TIME TO TIME, REVIEW THE FACILITIES,
BOOKS, AND RECORDS OF STATE AGENCIES TO ASCERTAIN THE ACCURACY OF THEIR
REPORTS AND THEIR COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE. THE
DEPARTMENT SHALL PROVIDE SUCH ASSISTANCE AS THE DIRECTOR SHALL REQUIRE
IN CARRYING OUT THE REQUIREMENTS OF THIS SECTION.
§ 826. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
DICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE DIRECT-
LY INVOLVED IN THE CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN
RENDERED.
§ 16. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on and after April 1, 2019; provided,
however, that:
S. 1508--A 147 A. 2008--A
(a) the amendments to article 15-A of the executive law, made by
sections one, two, three, four, five, six, seven and eight of this act,
shall not affect the expiration of such article and shall expire and be
deemed expired therewith;
(b) the amendments to section 163 of the state finance law, made by
section nine of this act, shall not affect the expiration and repeal of
such section, and shall expire and be deemed repealed therewith;
(c) the amendments to section 139-j of the state finance law, made by
section eleven of this act, shall not affect the expiration and repeal
of such section, and shall expire and be deemed repealed therewith;
(d) subdivision 2-b of section 314 of the executive law shall take
effect on the same date and in the same manner as section 1 of chapter
409 of the laws of 2018 takes effect; and
(e) section fifteen of this act shall expire and be deemed repealed
December 31, 2024.
PART BB
Section 1. The vehicle and traffic law is amended by adding a new
article 44-C to read as follows:
ARTICLE 44-C
CONGESTION TOLLING PROGRAM
SECTION 1701. LEGISLATIVE FINDINGS AND DECLARATION.
1702. SHORT TITLE.
1703. DEFINITIONS.
1704. ESTABLISHMENT OF CONGESTION TOLLING PROGRAM.
1704-A. CONGESTION TOLL.
1705. DISPOSITION OF REVENUE AND PENALTIES.
1706. REPORTING.
§ 1701. LEGISLATIVE FINDINGS AND DECLARATION. THE ONGOING FAILURES OF
THE TRACKS, SIGNALS, SWITCHES AND OTHER TRANSPORTATION INFRASTRUCTURE
THROUGHOUT THE SUBWAY SYSTEM IN THE CITY OF NEW YORK CONTINUE TO POSE AN
IMMINENT THREAT AND HAVE A VAST AND DELETERIOUS IMPACT ON THE HEALTH,
SAFETY, AND LIVELIHOOD OF COMMUTERS, TOURISTS, RESIDENT NEW YORKERS, AS
WELL AS BUSINESS AND COMMERCE IN THE METROPOLITAN COMMUTER TRANSPORTA-
TION DISTRICT, WHICH IS THE RECOGNIZED ECONOMIC ENGINE OF THE STATE OF
NEW YORK, AND THEREBY HAVE ADVERSELY AFFECTED THE ECONOMY OF THE STATE
OF NEW YORK. TEMPORARY ACTIONS HAVE BEEN TAKEN TO ADDRESS THE SAFETY OF
SUBWAY RIDERS SHORT TERM INCLUDING AN EMERGENCY DECLARATION AND
INCREASED CAPITAL FUNDING FOR THE SUBWAYS IN THE MOST RECENTLY ADOPTED
STATE BUDGET. THE LEGISLATURE, HOWEVER, DETERMINES THAT A LONG-TERM AND
SUSTAINABLE SOLUTION IS NECESSARY IN ORDER TO ENSURE STABLE AND RELIABLE
FUNDING TO REPAIR AND REVITALIZE THIS SIGNIFICANTLY IMPORTANT MASS TRAN-
SIT ASSET.
THE LEGISLATURE FURTHER FINDS AND DECLARES THAT TRAFFIC CONGESTION IN
THE CITY OF NEW YORK RANKS SECOND WORST AMONG CITIES IN THE UNITED
STATES AND THIRD WORST AMONG CITIES IN THE WORLD, AND RESULTS IN SIGNIF-
ICANT COST TO THE NEW YORK METROPOLITAN AREA ECONOMY AND IN TURN THE
STATE'S ECONOMY AT ESTIMATES EXCEEDING ONE HUNDRED MILLION DOLLARS OVER
THE NEXT FIVE YEARS. TRAVEL SPEEDS IN THE CITY OF NEW YORK'S CENTRAL
BUSINESS DISTRICT HAVE DROPPED MORE THAN SEVENTEEN PERCENT IN TWO THOU-
SAND SIXTEEN TO AN AVERAGE OF 6.8 MILES PER HOUR AND IN MIDTOWN MANHAT-
TAN, THE MOST CONGESTED AREA OF THE CITY-THE AREA FROM FIFTY-NINTH
STREET TO THIRTY-FIFTH STREET AND FROM NINTH AVENUE TO THE EAST RIVER-
THE AVERAGE VEHICULAR SPEED IS 4.7 MILES PER HOUR. CONGESTION IN THESE
AREAS IS CRIPPLING AND IMPACTS THE EVERYDAY LIVES OF RESIDENTS, COMMU-
S. 1508--A 148 A. 2008--A
TERS, TAXI AND FOR-HIRE VEHICLE TRAFFIC, BUS TRANSIT AND EMERGENCY
SERVICES.
THESE ISSUES HAVE BEEN RECOGNIZED BY BOTH THE FIX NYC ADVISORY PANEL
AND THE MTA SUSTAINABILITY ADVISORY WORKGROUP AS SIGNIFICANT IMPEDIMENTS
TO EVERYDAY NEW YORKERS.
IN ORDER TO ENSURE A SAFE AND EFFICIENT MASS TRANSIT SYSTEM WITHIN THE
CITY OF NEW YORK AND TO PROTECT THE PUBLIC HEALTH AND SAFETY OF NEW
YORK'S RESIDENTS, A PROGRAM TO ESTABLISH FEES FOR VEHICLES ENTERING OR
REMAINING IN THE MOST CONGESTED AREA OF THE STATE IS FOUND TO BE NECES-
SARY AND TO BE A MATTER OF SUBSTANTIAL STATE CONCERN.
§ 1702. SHORT TITLE. THIS ACT SHALL BE KNOWN AS AND MAY BE CITED AS
"THE CONGESTION TOLLING PROGRAM".
§ 1703. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
1. "CITY" MEANS THE CITY OF NEW YORK.
2. "CONGESTION TOLL" MEANS A TOLL CHARGED FOR ENTRY INTO OR REMAINING
IN THE CONGESTION TOLLING ZONE AS DESCRIBED IN SECTION SEVENTEEN HUNDRED
FOUR OF THIS ARTICLE.
3. "CONGESTION TOLLING PROGRAM" MEANS THE PROGRAM FOR CHARGING TOLLS
FOR VEHICLES THAT ENTER OR REMAIN IN THE CONGESTION TOLLING ZONE AND
INCLUDES THE CONGESTION TOLLING INFRASTRUCTURE, THE CONGESTION TOLLING
COLLECTION SYSTEM AND THE CONGESTION TOLLING CUSTOMER SERVICE CENTER.
4. "CONGESTION TOLLING ZONE" MEANS THE AREA DESCRIBED IN SECTION
SEVENTEEN HUNDRED FOUR OF THIS ARTICLE FOR WHICH TOLLS SHALL BE CHARGED
FOR A VEHICLE'S ENTRY INTO SUCH ZONE.
5. "CONGESTION TOLLING INFRASTRUCTURE" MEANS THE DEVICES AND STRUC-
TURES INCLUDING BUT NOT LIMITED TO GANTRIES AND POWER AND COMMUNICATION
LINES THAT THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY WILL PLAN, DESIGN
AND CONSTRUCT AS PART OF THE CONGESTION TOLLING PROGRAM.
6. "CONGESTION TOLLING COLLECTION SYSTEM" MEANS THE ELECTRONIC SYSTEM
OF COLLECTING TOLLS OR OTHER CHARGES USING ELECTRONIC DATA AND/OR IMAGES
THAT THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY WILL PLAN, DESIGN,
INSTALL AND OPERATE AS PART OF THE CONGESTION TOLLING PROGRAM.
7. "CONGESTION TOLLING CUSTOMER SERVICE CENTER" MEANS THE CUSTOMER
CONTACT AND BACK-OFFICE SYSTEM AND OPERATION SERVICES FOR THE COLLECTION
OF CONGESTION TOLLS AND ENFORCEMENT OF CONGESTION TOLL VIOLATIONS THAT
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY WILL PLAN, DESIGN, IMPLEMENT
AND OPERATE AS PART OF THE CONGESTION TOLLING PROGRAM.
8. "OPERATION DATE" MEANS THE DATE DETERMINED BY THE METROPOLITAN
TRANSPORTATION AUTHORITY AND THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY,
WHICH SHALL NOT BE EARLIER THAN DECEMBER THIRTY-FIRST, TWO THOUSAND
TWENTY, FOR THE BEGINNING OF THE OPERATION AND ENFORCEMENT OF THE
CONGESTION TOLLING PROGRAM.
9. "TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY" MEANS THE CORPORATION
ORGANIZED PURSUANT TO SECTION FIVE HUNDRED FIFTY-TWO OF THE PUBLIC
AUTHORITIES LAW AS CONSOLIDATED PURSUANT TO SECTION FIVE HUNDRED FIFTY-
TWO-A OF THE PUBLIC AUTHORITIES LAW OR ANY SUCCESSOR CORPORATION OR
CORPORATION INTO WHICH IT MAY BE CONSOLIDATED.
§ 1704. ESTABLISHMENT OF CONGESTION TOLLING PROGRAM. 1. THE METROPOL-
ITAN TRANSPORTATION AUTHORITY SHALL ESTABLISH THE CONGESTION TOLLING
PROGRAM.
2. THE CONGESTION TOLLING PROGRAM WILL OPERATE IN THE CONGESTION TOLL-
ING ZONE. THE CONGESTION TOLLING ZONE SHALL INCLUDE ANY ROADWAYS, BRIDG-
ES, TUNNELS, APPROACHES OR RAMPS THAT ARE LOCATED WITHIN, OR ENTER INTO,
THE GEOGRAPHIC AREA IN THE BOROUGH OF MANHATTAN SOUTH OF AND INCLUSIVE
S. 1508--A 149 A. 2008--A
OF SIXTIETH STREET TO THE EXTENT PRACTICABLE BUT SHALL NOT INCLUDE THE
FDR DRIVE.
3. (A) NOTWITHSTANDING ANY LAW TO THE CONTRARY, THE TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY SHALL PLAN, DESIGN, CONSTRUCT, AND MAINTAIN THE
CONGESTION TOLLING INFRASTRUCTURE. THE CITY OF NEW YORK SHALL COOPERATE
FULLY WITH THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FOR PURPOSES OF
THE PLANNING, DESIGN, CONSTRUCTION, TIMELY IMPLEMENTATION, AND MAINTE-
NANCE OF THE CONGESTION TOLLING INFRASTRUCTURE AND SHALL NOT UNDULY
PROHIBIT, RESTRICT, OR DELAY THE INSTALLATION, OPERATION, CONSTRUCTION,
TIMELY IMPLEMENTATION, OR MAINTENANCE OF THE SAME.
(B) THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL PLAN, DESIGN,
INSTALL, IMPLEMENT, OPERATE AND MAINTAIN A CONGESTION TOLL COLLECTION
SYSTEM TO COLLECT THE CONGESTION TOLL.
(C) THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY SHALL PLAN, DESIGN,
IMPLEMENT AND OPERATE A CONGESTION TOLL CUSTOMER SERVICE CENTER.
(D) THE CONGESTION TOLLING COLLECTION SYSTEM SHALL BE PLANNED,
DESIGNED, IMPLEMENTED AND OPERATED TO FACILITATE PAYMENT OF CONGESTION
TOLLS BY VARIOUS METHODS INCLUDING BUT NOT LIMITED TO CASH, CREDIT OR
DEBIT CARD, CHECK OR AUTOMATED CLEARING HOUSE PAYMENT, BY TELEPHONE OR
OVER THE INTERNET OR ANY OTHER METHOD OF PAYMENT THAT THE TRIBOROUGH
BRIDGE OR TUNNEL AUTHORITY MAY IMPLEMENT.
(E) ALL PROCUREMENTS OF GOODS, SERVICES OR CONSTRUCTION OF ANY KIND BY
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY FOR THE CONGESTION TOLLING
PROGRAM SHALL BE DEEMED TO BE SUBJECT ONLY TO THE SAME REQUIREMENTS THAT
OTHERWISE APPLY TO PROCUREMENTS BY THE TRIBOROUGH BRIDGE AND TUNNEL
AUTHORITY.
4. THE CONGESTION TOLLING INFRASTRUCTURE, THE CONGESTION TOLL
COLLECTION SYSTEM AND THE CONGESTION TOLLING CUSTOMER SERVICE CENTER
SHALL BE COMPLETED BY THE OPERATION DATE.
5. RESPONSIBILITY FOR MAINTENANCE OF THE CONGESTION TOLLING INFRAS-
TRUCTURE AFTER THE OPERATION DATE SHALL BE PERFORMED BY THE TRIBOROUGH
BRIDGE AND TUNNEL AUTHORITY.
6. THE PLANNING, DESIGNING, CONSTRUCTING, INSTALLING OR MAINTAINING OF
THE CONGESTION TOLLING PROGRAM AND THE PLANNING, DESIGNING, INSTALLING,
OPERATING OR MAINTAINING OF THE CONGESTION TOLL COLLECTION SYSTEM BY THE
TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY INCLUDING THE ESTABLISHMENT
CONSISTENT WITH THE DETERMINATION OF THE MASS TRANSIT EXPERT PANEL
ESTABLISHED PURSUANT TO § 1265-C OF THE PUBLIC AUTHORITIES LAW BY SUCH
AUTHORITY OF CONGESTION TOLLS, AND ANY OTHER FEES OR RENTALS FOR THE USE
OF ITS PROJECTS AND ANY CHANGES THEREAFTER SHALL NOT BE SUBJECT TO THE
PROVISIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW, THE
PROVISIONS OF CHAPTER SIX OF ARTICLE FORTY-THREE OR CHAPTER FIVE OF
TITLE SIXTY-TWO OF THE RULES OF THE CITY OF NEW YORK, OR THE PROVISIONS
OF SECTION ONE HUNDRED NINETY-SEVEN-C OF THE NEW YORK CITY CHARTER,
RELATING TO A UNIFORM LAND USE REVIEW PROCEDURE, NOR THE PROVISIONS OF
ANY OTHER LOCAL LAW OF THE CITY OF NEW YORK OF LIKE OR SIMILAR EFFECT
INCLUDING APPROVALS OR CHARGES ASSOCIATED WITH THE USE OF PROPERTY OWNED
AND MAINTAINED BY THE CITY OF NEW YORK NECESSARY FOR THE INSTALLATION OF
CONGESTION TOLLING INFRASTRUCTURE.
§ 1704-A. CONGESTION TOLL. 1. THE TRIBOROUGH BRIDGE AND TUNNEL AUTHOR-
ITY SHALL HAVE THE POWER, SUBJECT TO AGREEMENTS WITH ITS BONDHOLDERS, TO
CHARGE TOLLS AND FEES FOR VEHICLES ENTERING OR REMAINING IN THE
CONGESTION TOLLING ZONE AT ANY TIME AND SHALL HAVE THE POWER, SUBJECT TO
AGREEMENTS WITH BONDHOLDERS, TO MAKE RULES AND REGULATIONS FOR THE
COLLECTION OF CONGESTION TOLLS AND THE ESTABLISHMENT OF FEES.
S. 1508--A 150 A. 2008--A
2. NO OWNER OF A FOR-HIRE VEHICLE THAT IS SUBJECT TO A SURCHARGE
IMPOSED BY ARTICLE TWENTY-NINE-C OF THE TAX LAW FOR A FOR-HIRE TRANSPOR-
TATION TRIP SHALL ALSO BE CHARGED A CONGESTION TOLL IF IT ENTERS OR
REMAINS IN THE CONGESTION TOLL ZONE AS PART OF SUCH TRIP.
3. NO OWNER OF AN EMERGENCY VEHICLE AS DEFINED PURSUANT TO SECTION ONE
HUNDRED ONE OF THIS CHAPTER SHALL BE CHARGED A CONGESTION TOLL IF IT
ENTERS OR REMAINS IN THE CONGESTION TOLLING ZONE.
4. ANY VEHICLE ENTERING THE CONGESTION TOLLING ZONE USING A VEHICULAR
CROSSING KNOWN AS THE QUEENS MIDTOWN TUNNEL, THE HUGH CAREY TUNNEL, THE
HOLLAND TUNNEL, THE LINCOLN TUNNEL, OR THE HENRY HUDSON BRIDGE SHALL BE
CREDITED AN AMOUNT EQUAL TO THE TOLL CHARGED TO SUCH VEHICLE FOR THE USE
OF SUCH CROSSING IMMEDIATELY PRIOR TO ENTRY INTO SUCH ZONE FROM THE
AMOUNT OF THE CONGESTION TOLL CHARGED TO SUCH VEHICLE FOR PURPOSES OF
ENTERING THE CONGESTION TOLLING ZONE.
§ 1705. DISPOSITION OF REVENUE AND PENALTIES. THE TRIBOROUGH BRIDGE
AND TUNNEL AUTHORITY SHALL COLLECT CONGESTION TOLLS AND ESTABLISH AND
COLLECT FEES AND OTHER CHARGES AS PROVIDED IN SUBDIVISION TWELVE-A OF
SECTION FIVE HUNDRED FIFTY-THREE OF THE PUBLIC AUTHORITIES LAW.
§ 1706. REPORTING. BEGINNING ONE YEAR AFTER THE OPERATION DATE AND
EVERY TWO YEARS THEREAFTER, THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
AND THE METROPOLITAN TRANSPORTATION AUTHORITY SHALL REPORT ON THE EFFECT
OF THE CONGESTION TOLLING PROGRAM ON CONGESTION IN THE CONGESTION ZONE
AND ON MASS TRANSIT USE INCLUDING THE VEHICLE-MILES TRAVELED FOR EACH
TRIP WITHIN THE CONGESTION TOLLING ZONE FOR TAXIS AND FOR-HIRE VEHICLES;
THE VOLUME AND TYPE OF VEHICLES ENTERING THE CONGESTION TOLLING ZONE;
AND TRANSIT RIDERSHIP AND AVERAGE BUS SPEEDS WITHIN THE CONGESTION TOLL-
ING ZONE, AND ON ALL RECEIPTS AND EXPENDITURES RELATING TO THE
CONGESTION TOLLING PROGRAM. THE DEPARTMENT OF TRANSPORTATION OF THE CITY
OF NEW YORK SHALL BE REQUIRED TO ASSIST IN GATHERING AND PROVIDING TO
THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY CONGESTION DATA AND OTHER
RELATED DATA AS DIRECTED BY THE TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY
FOR PURPOSES OF COMPILING SUCH REPORT. 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 DIRECTOR OF THE BUDGET, THE TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MAYOR AND
COUNCIL SPEAKER OF THE CITY OF NEW YORK, AND THE METROPOLITAN TRANSPOR-
TATION AUTHORITY CAPITAL PROGRAM REVIEW BOARD.
§ 2. Subdivision 1 of section 402 of the vehicle and traffic law is
amended by adding a new paragraph (c) to read as follows:
(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
A CONGESTION TOLLING ZONE, UNDER THE JURISDICTION OF THE TOLLING AUTHOR-
ITY, 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 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-TRANSMITTER IS AFFIXED TO THE EXTERIOR OF
A VEHICLE IN ACCORDANCE WITH MOUNTING INSTRUCTIONS PROVIDED BY THE TOLL-
ING FACILITY. FOR PURPOSES OF THIS PARAGRAPH, "TOLLING AUTHORITY" SHALL
MEAN EVERY PUBLIC AUTHORITY WHICH OPERATES A TOLL HIGHWAY, BRIDGE AND/OR
TUNNEL FACILITY OR WHICH CHARGES AND COLLECTS CONGESTION TOLLS AS WELL
AS THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, A BI-STATE AGENCY
S. 1508--A 151 A. 2008--A
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. Subdivision 4 of section 1630 of the vehicle and traffic law is
amended to read as follows:
4. Charging of tolls, taxes, fees, licenses or permits for the use of
the highway or any of its parts OR ENTRY INTO OR REMAINING WITHIN THE
CONGESTION TOLLING ZONE ESTABLISHED BY ARTICLE FORTY-FOUR-C OF THIS
CHAPTER, where the imposition thereof is authorized by law.
§ 5. Subdivision 9 of section 553 of the public authorities law is
amended by adding a new paragraph (s) to read as follows:
(S) THE CONGESTION TOLLING PROGRAM TO THE EXTENT SPECIFIED IN ARTICLE
FORTY-FOUR-C OF THE VEHICLE AND TRAFFIC LAW AND IN THIS TITLE, AND AS
DIRECTED BY THE METROPOLITAN TRANSPORTATION AUTHORITY.
§ 6. Section 553 of the public authorities law is amended by adding a
new subdivision 12-a to read as follows:
12-A. TO CHARGE TOLLS AND FEES FOR VEHICLES ENTERING OR REMAINING
WITHIN THE CONGESTION TOLLING ZONE AND TO MAKE RULES AND REGULATIONS FOR
THE COLLECTION OF SUCH TOLLS AND FEES, SUBJECT TO AND IN ACCORDANCE WITH
SUCH AGREEMENT WITH BONDHOLDERS AS MAY BE MADE AS HEREINAFTER PROVIDED.
SUBJECT TO CONTRACTS WITH BONDHOLDERS, ALL TOLLS, FEES AND OTHER REVEN-
UES DERIVED FROM THE CONGESTION TOLLING PROGRAM SHALL BE APPLIED TO THE
PAYMENT OF OPERATING, ADMINISTRATION, AND OTHER NECESSARY EXPENSES OF
THE AUTHORITY PROPERLY ALLOCABLE TO SUCH PROGRAM AND THEREAFTER TO THE
PAYMENT OF INTEREST OR PRINCIPAL OF BONDS FOR SUCH PROGRAM AND IF NOT SO
USED ALL REMAINING CONGESTION TOLLING FUNDS SHALL BE TRANSFERRED TO THE
METROPOLITAN TRANSPORTATION AUTHORITY AND DEPOSITED INTO THE FUND ESTAB-
LISHED BY SECTION TWELVE HUNDRED SEVENTY-J OF THIS CHAPTER AND SHALL NOT
BE SUBJECT TO DISTRIBUTION UNDER SECTION FIVE HUNDRED SIXTY-NINE-C OR
SECTION TWELVE HUNDRED NINETEEN-A OF THIS CHAPTER.
§ 7. The public authorities law is amended by adding a new section
1270-j to read as follows:
§ 1270-J. CONGESTION TOLLING CAPITAL LOCKBOX FUND. 1. THE AUTHORITY
SHALL ESTABLISH A FUND TO BE KNOWN AS THE CONGESTION TOLLING CAPITAL
LOCKBOX FUND WHICH SHALL BE KEPT SEPARATE FROM AND SHALL NOT BE COMMIN-
GLED WITH ANY OTHER MONEYS OF THE AUTHORITY. THE FUND SHALL CONSIST OF
ALL MONEYS TRANSFERRED TO THE AUTHORITY BY THE TRIBOROUGH BRIDGE AND
TUNNEL AUTHORITY PURSUANT TO ARTICLE FORTY-FOUR-C OF THE VEHICLE AND
TRAFFIC LAW AND SUBDIVISION TWELVE-A OF SECTION FIVE HUNDRED FIFTY-THREE
OF THIS CHAPTER.
2. MONEYS IN THE FUND MAY BE PLEDGED BY THE AUTHORITY TO SECURE BONDS,
NOTES OR OTHER OBLIGATIONS OF THE AUTHORITY AND RELATED RESERVES, FEES,
COSTS AND EXPENSES, FOR ANY METROPOLITAN TRANSPORTATION AUTHORITY CAPI-
TAL PROJECTS INCLUDED WITHIN THE 2020 TO 2024 MTA CAPITAL PROGRAM OR ANY
SUCCESSOR PROGRAMS. SUBJECT TO THE PROVISIONS OF ANY SUCH PLEDGE, OR IN
THE EVENT THERE IS NO SUCH PLEDGE, ANY MONEYS IN THE CONGESTION TOLLING
CAPITAL LOCKBOX FUND MAY BE USED BY THE AUTHORITY FOR PAYMENT OF CAPITAL
COSTS, INCLUDING DEBT SERVICE AND RESERVE REQUIREMENTS, IF ANY, FOR ANY
METROPOLITAN TRANSPORTATION AUTHORITY CAPITAL PROJECTS INCLUDED WITHIN
S. 1508--A 152 A. 2008--A
THE 2020 TO 2024 MTA CAPITAL PROGRAM OR ANY SUCCESSOR PROGRAMS. SUCH
REVENUES SHALL ONLY SUPPLEMENT AND SHALL NOT SUPPLANT ANY FEDERAL,
STATE, OR LOCAL FUNDS EXPENDED BY THE METROPOLITAN TRANSPORTATION
AUTHORITY, SUCH AUTHORITY'S AFFILIATES OR SUBSIDIARIES FOR SUCH RESPEC-
TIVE PURPOSES.
3. THE AUTHORITY SHALL REPORT ANNUALLY ON ALL RECEIPTS AND EXPENDI-
TURES OF THE FUND. THE REPORT SHALL DETAIL OPERATING EXPENSES OF THE
CONGESTION TOLLING PROGRAM AND ALL FUND EXPENDITURES INCLUDING CAPITAL
PROJECTS. 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
MAYOR AND COUNCIL OF THE CITY OF NEW YORK, AND THE METROPOLITAN TRANS-
PORTATION AUTHORITY CAPITAL PROGRAM REVIEW BOARD. THE METROPOLITAN
TRANSPORTATION AUTHORITY IS PROHIBITED FROM USING OR TRANSFERRING MONIES
IN THE CONGESTION TOLLING CAPITAL LOCKBOX FUND TO MAKE PAYMENTS FOR ANY
NON-CAPITAL COST.
§ 8. 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 USE OF ANY HIGHWAY, PARKWAY, ROAD,
BRIDGE OR TUNNEL OR ENTER A CONGESTION TOLLING ZONE 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 FOR SUCH USE OF ANY HIGHWAY, PARKWAY, ROAD, BRIDGE OR TUNNEL
OR ENTRY INTO A CONGESTION TOLLING ZONE, he obtains or attempts to
obtain such service, USE OR ENTRY or avoids or attempts to avoid payment
therefor by force, intimidation, stealth, deception or mechanical
tampering, or by unjustifiable failure or refusal to pay; or
§ 9. Subdivision 2 of section 87 of the public officers law is amended
by adding a new paragraph (p) to read as follows:
(P) ARE DATA OR IMAGES PRODUCED BY AN ELECTRONIC TOLL COLLECTION
SYSTEM UNDER AUTHORITY OF ARTICLE FORTY-FOUR-C OF THE VEHICLE AND TRAF-
FIC LAW AND IN TITLE THREE OF ARTICLE THREE OF THE PUBLIC AUTHORITIES
LAW.
§ 10. Title 11 of Article 5 of the Public Authorities Law is amended
by adding a new section 1265-C to read as follows:
1265-C. MASS TRANSIT EXPERT PANEL.
1. THERE IS HEREBY ESTABLISHED THE MASS TRANSIT EXPERT PANEL
("PANEL"), WHICH SHALL CONSIST OF SIX MEMBERS. MEMBERS OF THE PANEL MUST
HAVE AN EXTENSIVE BACKGROUND OR EXECUTIVE EXPERIENCE IN AT LEAST ONE OF
THE FOLLOWING AREAS: AUDITING; PUBLIC FINANCE; ENGINEERING; TRANSPORTA-
TION; TRANSIT; MANAGEMENT; CORPORATE RESTRUCTURING AND RISK MANAGEMENT.
2. THE PANEL SHALL OVERSEE THE PREPARATION OF A PERFORMANCE AND FINAN-
CIAL AUDIT OF THE CAPITAL AND OPERATING BUDGETS OF THE METROPOLITAN
TRANSPORTATION AUTHORITY, ITS SUBSIDIARIES, AFFILIATES, AND SUBSIDIARIES
OF AFFILIATES THAT SHALL BEGIN TO BE PREPARED BY THE AUTHORITY UPON THE
EFFECTIVE DATE OF A CHAPTER OF THE LAWS OF THE STATE OF NEW YORK ESTAB-
LISHING THIS SECTION, REVIEW AND APPROVE THE CAPITAL AND OPERATING BUDG-
ETS OF THE METROPOLITAN TRANSPORTATION AUTHORITY, REVIEW AND APPROVE THE
METROPOLITAN TRANSPORTATION AUTHORITY'S 2020-2024 CAPITAL PLAN AND
SUCCESSOR PLANS, REVIEW AND APPROVE THE METROPOLITAN TRANSPORTATION
AUTHORITY REORGANIZATION PLAN PROPOSED PURSUANT TO SECTION 1279-E OF THE
PUBLIC AUTHORITIES LAW, DETERMINE THE CONGESTION TOLL AMOUNTS, WHICH
SHALL INCLUDE A VARIABLE-PRICING STRUCTURE, NO SOONER THAN NOVEMBER 15,
2020 AND NO LATER THAN DECEMBER 31, 2020, AND ASSESS FISCAL AND PROGRAM-
MATIC RISK AND IMPROVE WORKFORCE MANAGEMENT.
S. 1508--A 153 A. 2008--A
3. FOR PURPOSES OF ESTABLISHING A CONGESTION TOLL OR TOLLS, THE PANEL
SHALL, AT MINIMUM, ENSURE THAT ANNUAL REVENUES AND FEES COLLECTED UNDER
SUCH PROGRAM, LESS COSTS OF OPERATION OF THE SAME, PROVIDE FOR REVENUES
INTO THE CONGESTION TOLLING CAPITAL LOCKBOX FUND, ESTABLISHED PURSUANT
TO SECTION TWELVE HUNDRED SEVENTY-J OF THE PUBLIC AUTHORITIES LAW,
NECESSARY TO FUND FIFTEEN BILLION DOLLARS FOR CAPITAL PROJECTS.
4. THE AUTHORITY, ITS SUBSIDIARIES, AFFILIATES, AND SUBSIDIARIES OF
AFFILIATES, THE CITY OF NEW YORK, AND ANY STATE AGENCY OR AUTHORITY
SHALL PROVIDE ANY ASSISTANCE NECESSARY TO ASSIST IN THE COMPLETION OF
THE PANEL'S TASKS AND PROMPTLY RESPOND TO ANY REQUESTS FOR INFORMATION
OR CONSULTATION CONSISTENT WITH THE PURPOSES OF THIS SECTION.
5. MEMBERS OF THE PANEL SHALL SERVE WITHOUT COMPENSATION.
§11. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision, section 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
provision had not been included herein.
§ 12. This act shall take effect immediately.
PART CC
Section 1. Paragraph 1 of subdivision (a) of section 1180-b of the
vehicle and traffic law, as amended by chapter 43 of the laws of 2014,
is amended to read as follows:
1. Notwithstanding any other provision of law, the city of New York is
hereby authorized to establish a demonstration program imposing monetary
liability on the owner of a vehicle for failure of an operator thereof
to comply with posted maximum speed limits in a school speed zone within
[the] SUCH city (i) when a school speed limit is in effect as provided
in paragraphs one and two of subdivision (c) of section eleven hundred
eighty of this article or (ii) when other speed limits are in effect as
provided in subdivision (b), (d), (f) or (g) of section eleven hundred
eighty of this article during the following times: (A) on school days
during school hours and one hour before and one hour after the school
day, and (B) a period during student activities at the school and up to
thirty minutes immediately before and up to thirty minutes immediately
after such student activities. Such demonstration program shall empower
the city OF NEW YORK to install photo speed violation monitoring systems
within no more than [one hundred forty] TWO HUNDRED NINETY school speed
zones within [the] SUCH city at any one time and to operate such systems
within such zones (iii) when a school speed limit is in effect as
provided in paragraphs one and two of subdivision (c) of section eleven
hundred eighty of this article or (iv) when other speed limits are in
effect as provided in subdivision (b), (d), (f) or (g) of section eleven
hundred eighty of this article during the following times: (A) on school
days during school hours and one hour before and one hour after the
school day, and (B) a period during student activities at the school and
up to thirty minutes immediately before and up to thirty minutes imme-
diately after such student activities. In selecting a school speed zone
in which to install and operate a photo speed violation monitoring
system, the city OF NEW YORK shall consider criteria including, but not
S. 1508--A 154 A. 2008--A
limited to the speed data, crash history, and the roadway geometry
applicable to such school speed zone. SUCH CITY SHALL PRIORITIZE THE
PLACEMENT OF PHOTO SPEED VIOLATION MONITORING SYSTEMS IN SCHOOL SPEED
ZONES BASED UPON SPEED DATA OR THE CRASH HISTORY OF A SCHOOL SPEED ZONE.
A PHOTO SPEED VIOLATION MONITORING SYSTEM SHALL NOT BE INSTALLED OR
OPERATED ON A CONTROLLED-ACCESS HIGHWAY EXIT RAMP OR WITHIN THREE
HUNDRED FEET ALONG A HIGHWAY THAT CONTINUES FROM THE END OF A CONT-
ROLLED-ACCESS HIGHWAY EXIT RAMP.
§ 2. Paragraph 2 of subdivision (a) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
2. No photo speed violation monitoring system shall be used in a
school speed zone unless (i) on the day it is to be used it has success-
fully passed a self-test of its functions; and (ii) it has undergone an
annual calibration check performed pursuant to paragraph four of this
subdivision. The city [may] SHALL install signs giving notice that a
photo speed violation monitoring system is in use to be mounted on
advance warning signs notifying APPROACHING motor vehicle operators of
such upcoming school speed zone and/or on speed limit signs applicable
within such school speed zone, in conformance with standards established
in the MUTCD. SUCH ADVANCE WARNING SIGNS SHALL ALSO, TO THE EXTENT
AUTHORIZED BY THE MUTCD, CONTAIN WORDS "SPEED CAMERA AHEAD" AND BE NO
MORE THAN THREE HUNDRED FEET FROM SUCH PHOTO SPEED VIOLATION MONITORING
SYSTEM.
§ 3. Paragraph 4 of subdivision (c) of section 1180-b of the vehicle
and traffic law, as added by chapter 189 of the laws of 2013, is amended
to read as follows:
4. "school speed zone" shall mean a RADIAL distance not to exceed one
thousand three hundred twenty feet [on a highway passing] FROM a school
building, entrance, or exit [of a school abutting on the highway].
§ 4. Subdivision (n) of section 1180-b of the vehicle and traffic law,
as added by chapter 189 of the laws of 2013, is amended to read as
follows:
(n) If the city adopts a demonstration program pursuant to subdivision
[one] (A) of this section it shall conduct [a] AN ANNUAL study and
submit a report on the results of the use of photo devices to the gover-
nor, the temporary president of the senate and the speaker of the assem-
bly ON OR BEFORE JUNE FIRST, TWO THOUSAND NINETEEN AND ON THE SAME DATE
IN EACH SUCCEEDING YEAR IN WHICH THE DEMONSTRATABLE PROGRAM IS OPERABLE.
Such report shall include:
1. the locations where and dates when photo speed violation monitoring
systems were used;
2. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within all school speed zones
within the city, to the extent the information is maintained by the
department of motor vehicles of this state;
3. the aggregate number, type and severity of crashes, fatalities,
injuries and property damage reported within school speed zones where
photo speed violation monitoring systems were used, to the extent the
information is maintained by the department of motor vehicles of this
state;
4. the number of violations recorded within all school speed zones
within the city, in the aggregate on a daily, weekly and monthly basis;
5. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used, in the aggre-
gate on a daily, weekly and monthly basis;
S. 1508--A 155 A. 2008--A
6. the number of violations recorded within all school speed zones
within the city that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
7. the number of violations recorded within each school speed zone
where a photo speed violation monitoring system is used that were:
(i) more than ten but not more than twenty miles per hour over the
posted speed limit;
(ii) more than twenty but not more than thirty miles per hour over the
posted speed limit;
(iii) more than thirty but not more than forty miles per hour over the
posted speed limit; and
(iv) more than forty miles per hour over the posted speed limit;
8. the total number of notices of liability issued for violations
recorded by such systems;
9. the number of fines and total amount of fines paid after the first
notice of liability issued for violations recorded by such systems;
10. the number of violations adjudicated and the results of such adju-
dications including breakdowns of dispositions made for violations
recorded by such systems;
11. the total amount of revenue realized by the city in connection
with the program;
12. the expenses incurred by the city in connection with the program;
[and]
13. the quality of the adjudication process and its results[.]; AND
14. THE EFFECTIVENESS AND ADEQUACY OF THE HOURS OF OPERATION FOR SUCH
PROGRAM TO DETERMINE THE IMPACT ON SPEEDING VIOLATIONS AND PREVENTION OF
CRASHES.
§ 5. The opening paragraph of section 12 of chapter 43 of the laws of
2014, amending the vehicle and traffic law, the public officers law and
the general municipal law relating to photo speed violation monitoring
systems in school speed zones in the city of New York, is amended to
read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law [and]; PROVIDED THAT SECTIONS ONE THROUGH TEN OF THIS ACT
shall expire 4 years after such effective date when upon such date the
provisions of SUCH SECTIONS OF this act shall be deemed repealed; and
provided further that any rules necessary for the implementation of this
act on its effective date shall be promulgated on or before such effec-
tive date, provided that:
§ 6. The opening paragraph of section 15 of chapter 189 of the laws of
2013, amending the vehicle and traffic law and the public officers law
relating to establishing in a city with a population of one million or
more a demonstration program implementing speed violation monitoring
systems in school speed zones by means of photo devices, is amended to
read as follows:
This act shall take effect on the thirtieth day after it shall have
become a law and shall expire [5 years after such effective date when
upon such date the provisions of this act shall] AND be deemed repealed
JULY 1, 2022; and provided further that any rules necessary for the
S. 1508--A 156 A. 2008--A
implementation of this act on its effective date shall be promulgated on
or before such effective date, provided that:
§ 7. Photo speed violation monitoring systems within the additional
150 school speed zones authorized for the city of New York by paragraph
1 of subdivision (a) of section 1180-b of the vehicle and traffic law,
as amended by section one of this act, shall be authorized to be
installed over the 3 year period following the effective date of this
act as follows:
(a) in no more than 50 school speed zones during the first such year;
(b) in no more than 50 additional school speed zones during the second
such year; and
(c) in no more than 50 additional school speed zones during the third
such year.
§ 8. Subdivision (m) of section 1180-b of the vehicle and traffic law,
as added by chapter 189 of the laws of 2013, is amended as follows:
(m) (I) Nothing in this section shall be construed to limit the
liability of an operator of a vehicle for any violation of subdivision
(c) or (d) of section eleven hundred eighty of this article.
(II) ANY PENALTIES, MONETARY FINES, OR INTEREST COLLECTED PURSUANT TO
THIS SECTION, ATTRIBUTABLE TO ZONES IN EXCESS OF ONE HUNDRED FORTY,
SHALL BE PAID OVER BY THE FIFTEENTH BUSINESS DAY OF EACH SUCCEEDING
MONTH TO THE NEW YORK CITY TRANSIT AUTHORITY TO SUPPORT CAPITAL INITI-
ATIVES FOR IMPROVEMENTS TO SYSTEM SAFETY.
§ 9. Notwithstanding the provisions of article 5 of the general
construction law, the provisions of:
(a) paragraph (1) of subdivision (a) of section 1180-b of the vehicle
and traffic law, as amended by section one of this act, is hereby
revived and shall be deemed to have been in full force and effect on and
after July 25, 2018; and
(b) section 1180-b of the vehicle and traffic law, as amended by
sections two, three, four and eight of this act, is hereby revived and
shall be deemed to have been in full force and effect on and after
August 30, 2018.
§ 10. This act shall take effect immediately; provided that the amend-
ments to section 1180-b of the vehicle and traffic law made by sections
one, two, three, four and eight of this act shall not affect the repeal
of such section and shall be deemed repealed therewith; and provided
further that the amendments to paragraph 2 of subdivision (a) of section
1180-b of the vehicle and traffic law made by section two of this act
shall take effect on the ninetieth day after it shall have become a law.
PART DD
Section 1. Short title. This act shall be known and may be cited as
the "Gateway Development Commission Act".
§ 2. Gateway Development Commission. 1. a. Legislative findings and
intent. The Legislature finds and declares that: the State of New Jersey
and the State of New York and their respective citizens share a common
concern to preserve the functionality and strengthen the resiliency of
long-distance and commuter rail infrastructure between New Jersey and
New York, including passenger rail infrastructure owned, controlled, or
utilized by the National Railroad Passenger Corporation, also known as
"Amtrak"; the two states and their respective citizens share the bene-
fits of existing interstate passenger rail infrastructure between the
two states, including the existing North River Tunnel; interstate
passenger rail service and infrastructure is vital to the economies of
S. 1508--A 157 A. 2008--A
New Jersey and New York;, because of the passage of time and damage
caused by natural disasters, both states recognize the existing inter-
state passenger rail infrastructure, including the existing North River
Tunnel, is at risk of system failures that could result in prolonged
service disruptions that would severely damage the economies of the two
states and many other participants in the economy of the Northeast
Corridor both states recognize the urgent need to undertake projects
necessary to create passenger rail capacity under the Hudson River,
rehabilitate passenger rail infrastructure, maintain current levels of
long-distance and commuter rail service between the two states and
provide additional reliability, safety and security; the citizens of
both states will share the benefits of expanded capacity and rehabili-
tated passenger rail infrastructure between the two states; and there
has been a long history of cooperation among state and local govern-
mental entities, Amtrak, and various private organizations and individ-
uals in the two states to ensure the preservation of a variety of
passenger rail service options. b. The legislature therefore determines
that there is a need to endorse and formalize that bi-state cooperative
effort to help ensure that the functionality of long-distance and commu-
ter rail infrastructure between New Jersey and New York and thence
throughout the Northeast Corridor, is preserved and maintained for the
benefit of the economy of New Jersey and New York and for the well-being
of present and future generations of citizens in both states; and that
the creation of a bi-state commission that shall be a body corporate and
politic established by the State of New Jersey and the State of New
York, acting in the public interest and exercising essential govern-
mental functions, is an appropriate means to accomplish these very
important goals and is not intended to impair, limit, diminish, or
otherwise affect any right, power, or jurisdiction of the United States
of America or any department, branch, agency, court, bureau, or other
instrumentality thereof with respect to any matter, or grant or confer
any right or power on such bi-state commission, or any officer or trus-
tee thereof, to regulate commerce between the states. c. It is the
intention of the legislature that the commission so created constitute
an institution which has been established by the states to effectuate a
public purpose and is therefore eligible to apply for financial assist-
ance from the United States government, including the agencies thereof.
2. Definitions. Except where different meanings are expressly speci-
fied in subsequent provisions of this section, the following terms shall
have the following meanings:
(a) "Act" means the Gateway Development Commission act.
(b) "Amtrak" means the National Railroad Passenger Corporation, a
corporation organized under 49 U.S.C. § 24101 et. Seq. and the laws of
the District of Columbia.
(c) "Board" means the board of commissioners of the commission.
(d) "Commission" shall mean the gateway development commission which
is established pursuant to this act.
(e) "Facilitate" means the planning, designing, financing, acquisi-
tion, development, redevelopment, expansion, construction, recon-
struction, replacement, approval of works, lease, leaseback, licensing,
cosigning, asset management, optimization, rehabilitation, repair,
alteration, improvement, extension, management, ownership, use and
effectuation of the matters described in this act. "Facilitation" shall
have a concomitant meaning.
(f) "Full Funding" means the sum of commitments to fund, from sources
deemed by the Commission to be creditworthy, plus Commission cash-on-
S. 1508--A 158 A. 2008--A
hand, plus any institution of a tariff or an agreement to impose user
fees not subject to further approvals (if any), plus such other sources
of funding deemed certain to be available as and when required, found by
the Commission to be sufficient to facilitate the project or a discrete
component thereof which is beneficial to the public.
(g) "Meeting" means any gathering, whether corporeal or by means of
communication equipment, which is attended by, or open to, the Board,
held with the intent, on the part of the commissioners present, to act
as a unit upon the specific public business of the Commission. "Meeting"
does not mean a gathering (i) attended by less than a quorum of commis-
sioners; (ii) in which the board is engaged in ordinary course super-
vision of Commission staff; (iii) in which consideration of Commission
business matters are informally discussed without the intent or effect
of effectuating any action of the Commission; or (iv) attended by or
open to all the members of three or more similar public bodies at a
convention or similar gathering.
(h) "Project" means a passenger rail transportation project between
Penn Station, Newark, New Jersey and Penn Station, New York, New York
currently referred to as the "Gateway Program".
(i) "Public business" means matters which relate in any way, directly
or indirectly, to the performance of the functions of the commission or
the conduct of its business.
3. Creation of the Commission; purposes. There is hereby created the
Gateway Development Commission, a body corporate and politic established
by the State of New Jersey and the State of New York, which shall be
deemed to be acting in the public interest and exercising essential
government functions in taking action hereunder and which shall be a
public authority and a government sponsored authority. The purposes of
the Commission shall include the following:
(a) Facilitate the project;
(b) Coordinate activities of governmental entities, Amtrak, and
private entities providing assistance to the project or otherwise regu-
lating the Project, with a view to achieving Full funding, and encourage
and enable such parties to participate in the effectuation of the
Project;
(c) act as a coordinating agency to arrange for cooperation among the
federal government, the State of New Jersey, any local government there-
of, the state of New York, any local government thereof, any agency,
instrumentality, department, commission, or authority of any one or more
of the foregoing, any bi-state agency, Amtrak, any individual or private
firm, entity or corporation, or with any one or more of them (including
by contract among the parties), for and in connection with the Facili-
tation of the Project for any of the purposes of this act, and to enter
into an agreement or agreements (and from time to time to enter into
agreements amending or supplementing the same) with the federal govern-
ment, the State of New Jersey, any local governement thereof, the state
of New York, any local government thereof, any agency, instrumentality,
department, commission, or authority of any one or more of the forego-
ing, any bi-state agency, Amtrak, any individual or private firm, entity
or corporation, or with any one or more of them, for or relating to such
purposes, including but not limited to agreements with respect to finan-
cial assistance, loans, grants or any other funding as may be available
for the Project. The Commission is hereby intended to qualify for,
authorized, and empowered to apply for and accept, financial assistance,
loans, grants, or any other funding for such purposes under federal,
state, or local laws, and to make application directly to the appropri-
S. 1508--A 159 A. 2008--A
ate officials or agencies for the application for and receipt of feder-
al, state or local assistance, loans, grants or any other funding in aid
of any of the purposes of this act;
(d) pursue efforts To assist federal or state agencies and other enti-
ties to fulfill their goals set forth in federal law or the laws of New
York or New Jersey to further passenger rail transportation between
states including 49 U.S.C. §24901, et seq.;
(e) take any and all actions authorized by this act which are or may
be necessary or appropriate to constitute and maintain itself as an
applicant eligible to qualify to apply for and be awarded financial
assistance, loans, grants or other funding as may be available for the
Project, including that awarded by federal, state, and local governments
and the agencies thereof; and
(f) facilitate the Project by making and enforcing such rules and
regulations and establishing, levying and collecting such tolls, fees,
rates, charges and rentals in connection with the Project or any portion
thereof, as it may deem necessary or appropriate, which said tolls,
fees, rates, charges and rentals shall not be established at rates
intended to be greater than necessary to meet the expenses of the
financing, construction, asset management and optimization thereof, and
to provide for the payment of, with interest upon, and the amortization
and retirement of bonds or other securities or obligations issued or
incurred for Project purposes, including establishment of prudent
reserves, and provided that such tolls, fees, rates, charges and rentals
do not conflict with applicable federal law and the laws of the State of
New Jersey and the State of New York.
4. Board of commissioners. (a) The Commission shall act through a
vote of its three commissioners: one of which will be directly appointed
by the Commissioner of the New York State Department of Transportation;
one of which will be directly appointed by the Board of Directors of the
New Jersey Transit Corporation; and one of which will be directly
appointed by Amtrak. The commissioner appointed by Amtrak will serve to
represent Amtrak's interest, as owner-operator or user of the Northeast
Corridor, in the work to be undertaken by the Commission.
(b) The Commission's initial commissioners shall be the individuals
serving as trustees of the Gateway Program Development Corporation, a
New Jersey non-profit corporation, at the time of the effective date of
this act. The Gateway Program Development Corporation trustees shall
each serve an initial term as commissioners of the Commission following
this initial term the commissioners appointed in accordance with this
section shall serve for a term of three years.
(c) At the conclusion of a commissioner's term (including an initial
commissioner's term), the commissioner may be reappointed for a succes-
sive three year term at the pleasure of the party who originally
appointed that commissioner (or in the case of the initial commission-
ers, the party who originally appointed that individual as a trustee of
the Gateway Program Development Corporation). A commissioner shall auto-
matically continue to serve following the expiration of the Commission-
er's term until a successor is appointed in accordance with paragraph
(a) of this subdivision and seated.
(d) In the event that a commissioner ceases to serve before the stated
expiration of the Commissioner's term, the party that originally
appointed the commissioner may appoint a replacement to serve out the
remainder of the replaced commissioner's term and thereafter, the vacan-
cy shall be filled as provided for in paragraph (a) of this subdivision.
S. 1508--A 160 A. 2008--A
(e) Commissioners shall serve without compensation, but the Commission
may, within the limits of funds appropriated or otherwise made available
to it, reimburse commissioners for actual expenses necessarily incurred
in the discharge of their official duties.
(f) The commissioner from the State of New Jersey and the commissioner
from the State of New York shall be indemnified by the State of New
Jersey and the State of New York, respectively, to the same extent as
such state indemnifies a public officer for any claim or judgment aris-
ing out of such public officer's official duties.
5. Organization of the Commission; meetings. (a) The commissioners
shall select a chairperson. The chairperson shall be elected from the
representatives of New Jersey and New York. The initial chairperson
shall be the commissioner who was serving as chairperson of the board of
trustees of the Gateway Program Development Corporation whose term as
chairperson shall continue until the earlier to occur of (i) the date on
which such commissioner's term as the Gateway Program Development Corpo-
ration chairperson would have expired; or (ii) the date on which that
commissioner is otherwise terminated as a commissioner. Thereafter, the
commissioner appointed by the state which did not appoint the initial
chairperson shall succeed as chairperson. The chairpersonship shall be
alternated between the two states and each chairperson following the
initial chairperson shall serve as chairperson for a term of one year.
The commissioner appointed by Amtrak shall serve as vice-chairperson.
(b) The Commission shall meet regularly as it may determine. Meetings
of the Commission shall be held at such times and places as the chair-
person of the Commission deems appropriate, but to the maximum extent
practicable and feasible, meetings shall be held on an alternating basis
in New Jersey and New York.
(c) The powers of the Commission may be exercised by the commissioners
at a meeting duly called and held where a quorum of all three commis-
sioners are present; provided, however, that in the event a vacancy
remains for ninety days, the powers of the Commission may be exercised
by the commissioners at a meeting duly called and held where all remain-
ing commissioners are present. Action may be taken and motions and
resolutions adopted by the Commission at any meeting thereof by unani-
mous affirmative vote of the commissioners. The commissioners shall
adopt bylaws providing for attendance protocols, voting procedures, and
other matters related to the conduct of the business of the Commission.
(d) The commission may request the assistance and services of such
employees and agents as it may require and as may be made available to
it for the purpose of carrying out its duties under this act, which
agents may include private consultants and persons employed by or acting
as a consultant for the federal government, the state of New Jersey, any
local government thereof, the state of New York, any local government
thereof, any agency, instrumentality, department, commission or authori-
ty of any one or more of the foregoing, any bi-state agency, or of
Amtrak, and each such government and enumerated party is authorized to
provide any such assistance and services to the Commission.
(e) The Commission may, within the limits of funds appropriated or
otherwise made available to it for those purposes, employ such profes-
sional, technical, clerical staff and consultants and incur such
expenses as it may deem necessary or appropriate in order to perform its
duties.
(f) The legislature finds and declares that the right of the public to
be present at meetings of the Commission, and to witness the deliber-
ation, policy formulation, and decision making of the Commission, is
S. 1508--A 161 A. 2008--A
vital to the enhancement and proper functioning of the democratic proc-
ess, and that secrecy in public affairs undermines the faith of the
public in government and the public's effectiveness in fulfilling its
role in a democratic society; and declares it to be the public policy of
the state of New Jersey and the state of New York to ensure the right of
its citizens to have adequate advance notice of and the right to attend
all meetings of the Commission at which any public business is acted
upon in any way, except only in those circumstances where the public
interest would be clearly endangered, the relevant matters are made
confidential by federal or state law, or the personal privacy of indi-
viduals would be clearly in danger of unwarranted invasion.
(g) The Commission shall adopt and promulgate appropriate bylaws,
rules and regulations concerning the right of the public to be present
at Meetings of the Commission and to obtain records of the Commission's
activities or Public business. Any rules or regulations adopted here-
under shall become a part of the minutes of the Commission and be posted
on its website.
6. Duties of the Commission. The duties of the Commission shall be to
use its efforts to accomplish, at such times as it is appropriate to do
so, the following actions, provided that the Commission shall not be in
dereliction of its duties so long as it acts in good faith to accomplish
such:
(a) Make appropriate application for, and act as a coordinating,
distributing, or recipient agency for, federal, state, or private fund-
ing and authorizations necessary or appropriate to Facilitate the
project;
(b) Cooperate with other agencies or authorities or departments
(federal, state, local, and bi-state), Amtrak, and private parties to
Facilitate the Project, including entering into agreements specifying a
party's rights and obligations with respect to the Project, to create a
Project capable of achieving long-term stability and Full Funding, with-
out obligating the full faith and credit of the federal government,
either state or any local government thereof, or any other party, except
as explicitly authorized by any party empowered by law to do so;
(c) Adopt bylaws to govern the conduct of its affairs, and adopt rules
and regulations, including a conflict of interest policy and code of
ethics for commissioners and officers of the Commission, and make appro-
priate orders to carry out and discharge its powers, duties, and func-
tions;
(d) Expend such funds as are required to effectuate the purposes set
forth in this section and, until expenditure is required, to hold and
prudently invest funds;
(e) Recommendation appropriate federal, state, and local government
legislation and agency administrative action pertaining to the Project;
(f) Within 18 months of the date the commission organizes and not less
than annually thereafter, prepare a progress report on its activities,
and submit it, together with any recommendations for state or local
government legislation or agency administrative action to the governor
of the state of New Jersey, the president of the senate of the state of
New Jersey, the speaker of the general assembly of the state of New
Jersey, the governor of the state of New York, the temporary president
of the senate of the state of New York, and the speaker of the assembly
of the state of New York; and
(g) Take such other action as may be necessary or appropriate to
further the purposes of this act.
S. 1508--A 162 A. 2008--A
7. Powers of the commission. The commission shall have the power to
undertake the following:
(a) Facilitate the project, including, but not limited to, through
contracts and agreements and other documents and instruments which the
Commission is otherwise authorized to make, enter into, execute, and
deliver; provided, however, that the Commission shall not have the
authority to operate or directly engage in transportation services such
that the Commission would be subject to the jurisdiction of the federal
Surface Transportation Board;
(b) Sue and be sued in its own name in federal and state courts in
Mercer county, New Jersey and New York county, New York, it being under-
stood that the commissioners shall have no obligation or liability for
the acts or omissions of the commission;
(c) Accept, receive, disburse, encumber and expend funds from whatever
source derived, including, without limitation, federal assistance,
grants and loans; state and local government assistance, grants and
loans; single state or bi-state agency assistance, grants and loans; and
revenues received from the deposition of property; private sources,
grants and loans; and Amtrak grants and loans, in each case as may be
necessary to accomplish any lawful purpose which the commissioners
determine will Facilitate the Project and achieve long-term stability
and Full Funding;
(d) Acquire (including, without limitation, by gift, purchase,
exchange or condemnation in accordance with the requirements of this
act), subdivide, lease, license, take, and hold property of every
description and to manage such property and develop any undeveloped
property owned, leased, or controlled by it in a manner necessary or
appropriate to Facilitate the Project;
(e) Make, procure, enter into, execute and deliver contracts and
agreements and other documents and instruments as may be necessary or
appropriate to carry out any power of the Commission under this act and
to otherwise accomplish any lawful purpose which the commissioners
determine will Facilitate the Project, including, without limitation,
with the federal government, the State of New Jersey, any local governe-
ment thereof, the state of New York, with any local government thereof,
with any agency, instrumentality, department, commission or authority of
any one or more of the foregoing, any bi-state agency, Amtrak, any indi-
vidual or private firm, entity or corporation, or with any one or more
of them;
(f) Make applications for and accept funding, permits, authorizations
and approvals as may be necessary or appropriate to accomplish any
lawful purpose which the commissioners determine will Facilitate the
Project, including, without limitation, with the federal government, the
State of New Jersey, any local government thereof, the State of New
York, any local government thereof, with any agency, instrumentality,
department, commission or authority of any one or more of the foregoing,
any bi-state agency, Amtrak, any individual or private firm, entity or
corporation, or with any one or more of them;
(g) Grant public and private entities the use of the Project or a
portion thereof by way of franchise, concession, license, lease, or
otherwise, provide for payments to and accept payments from such enti-
ties in exchange for value received from such use, work, or services
performed or otherwise and to establish or agree with Project users on
tolls, fees, rates, charges, revenue sharing, and rentals for the use
thereof, provided that such tolls, fees, rates, charges, revenue shar-
ing, and rentals do not conflict with applicable federal law and the
S. 1508--A 163 A. 2008--A
laws of the State of New Jersey and the State of New York, and provided
further that the Commission shall not have the authority to set passen-
ger fares for Amtrak or any publicly owned and operated passenger
service utilizing the Project;
(h) Adopt its own public procurement rules and guidelines that the
Commission deems necessary or appropriate to Facilitate the Project
through any combination of means and methods otherwise available to the
Commission under this act, regardless of whether such combination is
generally available to the State of New Jersey, any local government
thereof, the State of New York, any local government thereof, any agen-
cy, instrumentality, department, commission or authority of any one or
more of the foregoing, or any bi-state agency, and engage and contract
with third parties in accordance with such procurement rules and guide-
lines;
(i) Dispose of, convey or transfer all or any portion of the Project
for value as may be expeditious for the Facilitation of the Project, so
long as it has determined that the transferee has or is provided with a
sufficient source of financing to acquire, operate, maintain and own the
Project;
(j) Issue and guarantee bonds, notes, or other evidence of indebt-
edness, enter into loan agreements and otherwise borrow funds, or incur
indebtedness or other future payment obligations for any corporate
purpose, including to effectuate Full Funding, and to assign, pledge,
mortgage, secure, encumber and use its funds, assets, properties, and
revenues for repayment thereof, to be payable out of the funds, assets,
properties, and revenues of the Commission without recourse to taxation,
provided that the Commission shall have no power to pledge the full
faith and credit of the federal government, the state of New Jersey, any
local government thereof, the state of New York, any local government
thereof or of Amtrak or the Port Authority of New York and New Jersey in
connection with the project, or to impose any obligation for payment of
the bonds upon the federal government, the state of New Jersey, any
local government thereof, the state of New York, any local governement
thereof or of Amtrak or the Port Authority of New York and New Jersey,
in each case except as set forth in a binding agreement, or to otherwise
commit any party to incur any liability in excess of its contractual
obligations in connection with the Project, and provided further that
neither the commissioners nor any person executing any bonds issued or
guaranteed by the Commission shall be liable personally on such bonds or
be subject to any personal liability or accountability by reason of the
issuance thereof;
(k) Acquire and hold securities for investment purposes or in
connection with the Facilitation of the Project;
(l) Appoint, employ, contract with, and compensate such officers,
employees and agents, including engineers, attorneys, consultants,
financial advisors, and such other persons or entities as the business
of the Commission may require and to engage and dismiss such officers,
employees, and agents at will, and fix and provide for the qualifica-
tion, appointment, removal, term, tenure, compensation, pension, and
retirement rights of its officers and employees;
(m) Obtain insurance as the Commission may deem advisable and to
create a captive insurer to self-insure risk as deemed appropriate by
the Commission;
(n) Cooperate with the federal government, the state of New Jersey,
any local government thereof, the state of New York, any local govern-
ment thereof with any local government thereof, with any agency, instru-
S. 1508--A 164 A. 2008--A
mentality, department, commission or authority of any one or more of the
foregoing, any bi-state agency, Amtrak, any individual or private firm,
entity or corporation, or with any one or more of them, in connection
with the Project, and to enter into an agreement or agreements, notwith-
standing any other provision of law of the states, general, special,
charter or local, with the federal government, with the state of New
Jersey, any local government thereof, the state of New York, any local
government thereof any agency, instrumentality, department, commission,
or authority of any one or more of the foregoing, any bi-state agency,
Amtrak, any individual or private firm, entity, or corporation, or with
any one or more of the same for or relating to the Project;
(o) Indemnify individuals and entities to the extent required to
facilitate the project;
(p) Establish or acquire subsidiaries as required to Facilitate the
Project;
(q) Utilize the existing labor force in the states and foster labor
harmony in allowing for adoption of efficient labor work rules and prac-
tices during construction of the Project; and
(r) Exercise all other powers as may be necessary or appropriate in
furtherance of, and consistent with, the purposes of this act.
8. Exemption from taxes, local laws. (a) The Commission shall be
performing essential governmental functions in exercising its powers and
functions and in carrying out the provisions of this act and of any law
relating thereto, and shall not be required to pay any taxes or assess-
ments of any character, levied by either state or any local government
thereof, upon any of the property used by it or its agents or contrac-
tors for the Facilitation of the Project, or any income or revenue ther-
efrom, including any profit from a sale, lease or exchange, or in
connection with the transfer thereof or of any real property interest
therein. Any bonds or other securities or obligations issued by the
Commission, their transfer and the interest paid thereon or income ther-
efrom, including any profit from a sale or exchange, shall at all times
be free from taxation by either state or any subdivision thereof.
(b) The Commission shall, as a matter of policy, conform to the enact-
ments, ordinances, resolutions, and regulations of the respective states
and local governments where the Project is located in regard to the
construction and maintenance of the Project and in regard to health and
fire protection which would be applicable if the Commission were a
private corporation, to the extent that the Commission finds it practi-
cable so to do, without interfering with, impairing, or affecting the
efficiency of its purposes under this act, or its ability to effectuate
the Project upon a self-supporting basis, or its obligations, duties,
and responsibilities to the two states, its bondholders, if any, and the
general public, but the decision of the Commission as to whether it is
practicable so to do shall be controlling. To that end, the Commission
shall submit copies of plans and specifications for buildings and struc-
tures to the appropriate state and local government officials and shall
consult with them with respect thereto, and shall receive their comments
and suggestions thereon, but the Commission shall make the final deter-
mination as to which comments and suggestions to accept in effectuating
the project.
(c) Notwithstanding the provisions of Paragraph a of this subdivision,
the Commission is hereby authorized and empowered, in its discretion, to
enter into a voluntary agreement or agreements with any local government
whereby the Commission may undertake to pay in lieu of taxes a fair and
reasonable sum, if any, annually in connection with any real property
S. 1508--A 165 A. 2008--A
acquired and owned by the Commission for any of the purposes of this
act, and to provide for the payment as a rental or additional rental
charge by any person occupying any portion of such real property as
lessee, vendee or otherwise of such fair and reasonable sum, provided
that in no event shall any voluntary agreement entered into by the
commission provide for the payment of an amount in lieu of taxes in
excess of the amount last paid as taxes upon such real property prior to
the time of its acquisition by the Commission.
(d) Notwithstanding any other provision of law, general, special,
charter, or local, each local government is hereby authorized and
empowered to enter into such agreement or agreements with the Commis-
sion, and to accept the payment or payments which the Commission is
hereby authorized and empowered to make, and the sums so received by
such local government shall be devoted to purposes to which taxes may be
applied in all affected taxing jurisdictions unless and until otherwise
directed by law of the state in which such local government is located.
§ 3. Subdivisions 1, 2 and 3 of section 14-c of the transportation
law, as added by chapter 639 of the laws of 1971, are amended to read as
follows:
1. The department of transportation may cooperate and contract with
the national railroad passenger corporation OR IF DEEMED NECESSARY,
DESIRABLE OR CONVENIENT BY THE COMMISSIONER TO FACILITATE THE PURPOSES
OF THIS SECTION 14-C, WITH GATEWAY DEVELOPMENT COMMISSION TO THE EXTENT
THAT COMMISSION IS SO AUTHORIZED TO ACT UNDER ITS AUTHORIZING STATUTE,
for any intercity rail passenger services deemed necessary, convenient
or desirable by the commissioner, within the amounts available by appro-
priation therefor, as such services are made available pursuant to the
provisions of the rail passenger service act of nineteen hundred seventy
and any acts amendatory or supplemental thereto, subject to the approval
of the director of the budget OR PURSUANT TO REIMBURSEMENT AVAILABLE
FROM THE GATEWAY DEVELOPMENT COMMISSION, ANY RAILROAD COMPANY, ANY OTHER
STATE OR AGENCY, THE FEDERAL GOVERNMENT, ANY PUBLIC AUTHORITY OF THIS
STATE OR ANY OTHER STATE OR TWO OR MORE STATES, OR ANY POLITICAL SUBDI-
VISION OR MUNICIPALITY OF THE STATE. Notwithstanding any inconsistent
law, general, special or local, the commissioner, as funds are made
available for the purposes hereof, is hereby empowered to contract with
such corporation or Commission and to do all other things necessary,
convenient or desirable on behalf of the state to secure the full bene-
fits available under and pursuant to such act AND ANY OTHER FEDERAL ACT
WHICH PROVIDES FUNDING FOR INTERCITY RAIL PASSENGER SERVICES, and to
contract and do all other things necessary as hereinafter provided on
behalf of the state to effect [the] AND FACILITATE intercity rail
passenger [service program] SERVICES which he determines is necessary,
convenient or desirable AND THE DEPARTMENT OF TRANSPORTATION MAY COOPER-
ATE AND CONTRACT WITH GATEWAY DEVELOPMENT COMMISSION FOR PASSENGER RAIL
ACTIVITIES, TO THE EXTENT THAT GATEWAY DEVELOPMENT COMMISSION IS SO
AUTHORIZED TO ACT UNDER ITS AUTHORIZING STATUTE, PROVIDED, HOWEVER, THAT
THE DEPARTMENT OF TRANSPORTATION SHALL ONLY CONTRACT WITH THE GATEWAY
DEVELOPMENT COMMISSION IF SUCH CONTRACT IS APPROVED BY THAT COMMISSION'S
BOARD OF COMMISSIONERS IN ACCORDANCE WITH ITS AUTHORIZING STATUTE.
2. The commissioner shall coordinate the intercity rail passenger
activities of the state and other interested public and private organ-
izations and persons to effectuate the purposes of this section and
shall have the responsibility for negotiating with the federal govern-
ment with respect to intercity rail passenger service programs. The
commissioner is authorized to enter into joint service agreements AND
S. 1508--A 166 A. 2008--A
OTHER AGREEMENTS between the state and any railroad company, any other
state department or agency, the federal government, the Canadian govern-
ment, any other state, or agency or instrumentality thereof, any public
authority of this state or any other state OR TWO OR MORE STATES, or any
political subdivision or municipality of the state, relating to proper-
ty, buildings, structures, facilities, services, rates, fares, classi-
fications, dividends, allowances or charges (including charges between
intercity rail passenger service facilities), or rules or regulations
pertaining thereto, for or in connection with or incidental to transpor-
tation in part upon intercity rail passenger service facilities. Inter-
city rail passenger service facilities include the right of way and
related trackage, rails, cars, locomotives, or other rolling stock,
signal, power, fuel, communication and ventilation systems, power
plants, stations, terminals, TUNNELS, storage yards, repair and mainte-
nance shops, yards, equipment and parts, offices and other real estate
or personnel used or held for or incidental to the operation, rehabili-
tation or improvement of any railroad operating intercity rail passenger
service or to operate such service, including but not limited to build-
ings, structures, and rail property.
3. [The] NOTWITHSTANDING ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL,
CHARTER OR LOCAL, THE commissioner may on such terms and conditions as
he may determine necessary, convenient or desirable, establish,
construct, effectuate, operate, maintain, renovate, improve, extend or
repair any such intercity rail passenger service facility or any related
services and activities, or may provide for such by contract, lease or
other arrangement on such terms as the commissioner may deem necessary,
convenient or desirable with any agency, corporation or person, includ-
ing but not limited to any railroad company, any state agency, the
federal government, the Canadian government, any other state or agency
or instrumentality thereof, any public authority of this or any other
state OR TWO OR MORE STATES, or any political subdivision or munici-
pality of the state.
§ 4. Notwithstanding any other provision of law of New York or New
Jersey, general, special, charter or local, each state and local govern-
ment, any agency, instrumentality, department, commission or authority
thereof, and any bi-state agency are hereby authorized and empowered to
cooperate with, aid and assist the Commission in effectuating the
provisions of this act, as it may be amended or supplemented hereafter.
§ 5. Upon the concurrence of the State of New Jersey, the State of New
Jersey and the State of New York consent to suits, actions or
proceedings of any form or nature at law, in equity, or otherwise
(including proceedings to enforce arbitration agreements), against the
Commission, and to appeals therefrom and reviews thereof, except as
hereinafter provided. The foregoing consent does not extend to: (a)
suits, actions, or proceedings upon any causes of action whatsoever
accruing before the effective date of this act; (b) suits, actions or
proceedings upon any causes of action whatsoever, upon, in connection
with, or arising out of any contract, express or implied, entered into
or assumed by or assigned to the Commission before the effective date of
this act (including any supplement to, or amendment, extension or
renewal of any such contract, even if such supplement, amendment, exten-
sion or renewal is made on or after the effective date of this act),
regardless of whether such cause of action accrued before or after that
date; (c) civil suits, actions or proceedings for the recovery of statu-
tory penalties; and (d) suits, actions or proceedings for judgments,
orders or decrees restraining, enjoining or preventing the Commission
S. 1508--A 167 A. 2008--A
from committing or continuing to commit any act or acts, other than
suits, actions or proceedings by the Attorney General of New Jersey or
by the Attorney General of New York, each of whom is hereby authorized
to bring such suits, actions or proceedings in his or her discretion on
behalf of any person or persons whatsoever who requests the Attorney
General to do so, except in the cases otherwise excluded by this act;
provided, that in any such suit, action or proceeding, no judgment,
order or decree shall be entered except upon at least two days' prior
written notice to the [Gateway Development] Commission of the proposed
entry thereof.
The Commission shall be immune from liability as though it were the
State of New York, except to the extent that such immunity is waived by
the State of New York under section 8 of the New York Court of Claims
Act.
§ 6. Severability. (a) If any provision of this act or the application
thereof to any person or circumstance is held invalid, including as not
in accordance with federal law or federal constitutional requirements,
such invalidity shall not affect other provisions or applications of the
act which can be given effect without the invalid provision or applica-
tion and to this end the provisions of this act are declared to be
severable.
(b) The provisions of this act, and the powers vested in the Gateway
Development Commission, shall be liberally construed to give effect to
the purposes of this act.
§ 7. (a) This act shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey shall have already enacted such
legislation, this act shall take effect immediately; provided that the
state of New Jersey shall notify the legislative bill drafting commis-
sion upon the occurrence of the enactment of the legislation provided
for in this act 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 offi-
cers law; and
(b) the Commission shall dissolve following a joint determination by
the Governor of New Jersey and the Governor of New York that the Project
has been completed or should be transferred to another agency, instru-
mentality or entity and: (i) any bonds or other securities issued and
any other debt incurred for such Project purposes have been repaid or
arrangements have been made to ensure such repayment in full, without
impairment of credit worthiness and; (ii) Amtrak is not unduly preju-
diced by such dissolution; provided that the Gateway Development Commis-
sion shall notify the legislative bill drafting commission upon the
occurrence of the intended dissolution 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 EE
Section 1. The public authorities law is amended by adding a new
section 1279-e to read as follows:
§ 1279-E. ASSIGNMENT, TRANSFER, SHARING OR CONSOLIDATING POWERS, FUNC-
TIONS OR ACTIVITIES. 1. NOTWITHSTANDING ANY PROVISION OF THIS TITLE OR
S. 1508--A 168 A. 2008--A
ANY OTHER PROVISION OF LAW, GENERAL, SPECIAL OR LOCAL, THE AUTHORITY
SHALL DEVELOP A REORGANIZATION PLAN WHICH SHALL, IN WHOLE OR IN PART,
ASSIGN, TRANSFER, SHARE, OR CONSOLIDATE ANY ONE OR MORE OF ITS POWERS,
DUTIES, FUNCTIONS OR ACTIVITIES OR ANY DEPARTMENT, DIVISION OR OFFICE
ESTABLISHED THEREWITH, OR ANY OF THOSE OF ITS SUBSIDIARIES, OR AFFIL-
IATES OR THEIR SUBSIDIARIES, WITHIN OR BETWEEN ITSELF, ITS SUBSIDIARIES
OR AFFILIATES OR THEIR SUBIDIARIES, IN A MANNER CONSISTENT WITH THE
PROVISIONS OF THIS SECTION.
2. SUCH ASSIGNMENT, TRANSFER, SHARING, OR CONSOLIDATION PURSUANT TO
THIS SECTION SHALL OCCUR ONLY IF APPROVED BY RESOLUTION OF THE BOARD OF
THE AUTHORITY, SERVING ON BEHALF OF THE AUTHORITY AND ANY AFFECTED
SUBSIDIARY OR AFFILIATE OR THEIR SUBSIDIARY, ADOPTED BY NOT LESS THAN A
MAJORITY VOTE OF THE WHOLE NUMBER OF MEMBERS OF THE AUTHORITY THEN IN
OFFICE, WITH THE CHAIRMAN HAVING ONE ADDITIONAL VOTE IN THE EVENT OF A
TIE VOTE.
3. SUCH REORGANIZATION PLAN SHALL ALSO BE SUBJECT TO THE APPROVAL OF
THE MASS TRANSIT EXPERT PANEL CREATED PURSUANT TO SECTION 1265-C OF
SECTION TEN OF TITLE ELEVEN OF ARTICLE FIVE OF THE PUBLIC AUTHORITIES
LAW.
4. PURSUANT TO THIS SECTION, ANY SUCH ASSIGNING, TRANSFERRING, SHAR-
ING, OR CONSOLIDATING OF POWERS, DUTIES, FUNCTIONS OR ACTIVITIES SHALL
NOT BE AUTHORIZED WHERE IT WOULD IMPAIR ANY RIGHTS AND REMEDIES OF ANY
HOLDERS OF NOTES, BONDS OR OTHER OBLIGATIONS ISSUED BY OR VIOLATE ANY
DULY EXECUTED LABOR AGREEMENTS ENTERED INTO BY THE AUTHORITY, ITS
SUBSIDIARIES, OR AFFILIATES OR THEIR SUBSIDIARIES.
§ 2. Subdivision 1 of section 1264 of the public authorities law is
amended to read as follows:
§ 1264. Purposes of the authority. 1. The purposes of the authority
shall be the continuance, further development and improvement of commu-
ter transportation and other services related thereto within the metro-
politan commuter transportation district, including but not limited to
such transportation by railroad, omnibus, marine and air, in accordance
with the provisions of this title. It shall be the further purpose of
the authority, consistent with its status as the ex officio board of
both the New York city transit authority and the triborough bridge and
tunnel authority, to develop and implement a unified mass transportation
policy for such district IN AN EFFICIENT AND COST-EFFECTIVE MANNER THAT
INCLUDES THE USE OF DESIGN-BUILD CONTRACTING ON ALL MAJOR PROJECTS.
§ 3. Subdivision 1 of section 1263 of the public authorities law is
amended to add a new subparagraph (c) to read as follows:
(C) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION, THE
TERM OF ANY CHAIRMAN OR ANY MEMBER SHALL EXPIRE UPON THE EXPIRATION OF
THE TERM IN OFFICE BEING SERVED BY THE COUNTY, CITY, OR STATE ELECTED
OFFICIAL UPON WHOSE RECOMMENDATION THEY WERE APPOINTED; PROVIDED, HOWEV-
ER, THAT IN SUCH CIRCUMSTANCE THE CHAIRMAN OR ANY MEMBER MAY CONTINUE TO
SERVE AS A HOLDOVER APPOINTEE UNTIL SUCH TIME AS A CHAIRMAN OR MEMBER IS
APPOINTED TO FILL THEIR POSITION. THE TERM OF ANY CHAIRMAN OR MEMBER
APPOINTED TO REPLACE SUCH A HOLDOVER APPOINTEE SHALL EXPIRE AT THE END
OF THE TERM IN OFFICE OF THE COUNTY, CITY OR STATE ELECTED OFFICER UPON
WHOSE RECOMMENDATION THEY WERE APPOINTED.
§ 4. This act shall take effect immediately.
PART FF
Section 1. Paragraphs (b-1) and (c-3) of subdivision 2 of section 503
of the vehicle and traffic law, paragraph (b-1) as added by section 1
S. 1508--A 169 A. 2008--A
and paragraph (c-3) as added by section 2 of part A of chapter 25 of the
laws of 2009, are amended to read as follows:
(b-1) Supplemental learner permit/license fee in the metropolitan
commuter transportation district. (i) Upon passage of the knowledge test
required to obtain a learner's permit, an applicant for a driver's
license who resides in the metropolitan commuter transportation district
established by section one thousand two hundred sixty-two of the public
authorities law shall be required to pay a supplemental fee of one
dollar for each six months or portion thereof of the period of validity
of a learner's permit or license which is or may be issued pursuant to
the provisions of subparagraph (i) or (ii) of paragraph (b) of this
subdivision.
(ii) The commissioner shall deposit daily all funds collected pursuant
to subparagraph (i) of this paragraph with such responsible banks, bank-
ing houses or trust companies as may be designated by the state comp-
troller, [to the credit of the comptroller] IN TRUST FOR THE CREDIT OF
THE METROPOLITAN TRANSPORTATION AUTHORITY. AN ACCOUNT MAY BE ESTABLISHED
IN ONE OR MORE OF SUCH DEPOSITORIES. SUCH DEPOSITS SHALL BE KEPT SEPA-
RATE AND APART FROM ALL OTHER MONEY IN THE POSSESSION OF THE
COMPTROLLER. On or before the twelfth day of each month, the commission-
er shall certify to the comptroller the amount of all revenues received
pursuant to subparagraph (i) of this paragraph during the prior month as
a result of the supplemental fee imposed, including any interest and
penalties thereon. The revenues so certified OVER THE PRIOR THREE MONTHS
IN TOTAL shall be [deposited by the state comptroller in the metropol-
itan transportation authority aid trust account of the metropolitan
transportation authority financial assistance fund established pursuant
to section ninety-two-ff of the state finance law for deposit, subject
to] PAID OVER BY THE FIFTEENTH DAY OF THE LAST MONTH OF EACH CALENDAR
QUARTER FROM SUCH ACCOUNT, WITHOUT appropriation, [in] INTO the corpo-
rate transportation account of the metropolitan transportation authority
special assistance fund established by section twelve hundred seventy-a
of the public authorities law, to be applied as provided in paragraph
(e) of subdivision four of such section. Any money collected pursuant to
this section that is deposited by the comptroller in the [metropolitan
transportation authority aid trust account] CORPORATE TRANSPORTATION
ACCOUNT of the metropolitan transportation authority [financial] SPECIAL
assistance fund shall be held in such fund free and clear of any claim
by any person or entity paying an additional fee pursuant to this
section, including, without limiting the generality of the foregoing,
any right or claim against the metropolitan transportation authority,
any of its bondholders, or any subsidiary or affiliate of the metropol-
itan transportation authority.
(c-3) (i) Supplemental renewal fee in the metropolitan commuter trans-
portation district. In addition to the fees required to be paid pursuant
to paragraph (c) of this subdivision, a supplemental fee of one dollar
for each six months or portion thereof of the validity of the license
shall be paid for renewal of a license of a person who resides in the
metropolitan commuter transportation district established by section one
thousand two hundred sixty-two of the public authorities law issued by
the commissioner.
(ii) The commissioner shall deposit daily all funds collected pursuant
to this paragraph with such responsible banks, banking houses or trust
companies as may be designated by the state comptroller, [to the credit
of the comptroller] IN TRUST FOR THE CREDIT OF THE METROPOLITAN TRANS-
PORTATION AUTHORITY. AN ACCOUNT MAY BE ESTABLISHED IN ONE OR MORE OF
S. 1508--A 170 A. 2008--A
SUCH DEPOSITORIES. SUCH DEPOSITS SHALL BE KEPT SEPARATE AND APART FROM
ALL OTHER MONEY IN THE POSSESSION OF THE COMPTROLLER. On or before the
twelfth day of each month, the commissioner shall certify to the comp-
troller the amount of all revenues received pursuant to this paragraph
during the prior month as a result of the supplemental fees imposed,
including any interest and penalties thereon. The revenues so certified
OVER THE PRIOR THREE MONTHS IN TOTAL shall be [deposited by the state
comptroller in the metropolitan transportation authority aid trust
account of the metropolitan transportation authority financial assist-
ance fund established pursuant to section ninety-two-ff of the state
finance law for deposit, subject to] PAID OVER BY THE FIFTEENTH DAY OF
THE LAST MONTH OF EACH CALENDAR QUARTER FROM SUCH ACCOUNT, WITHOUT
appropriation, [in] INTO the corporate transportation account of the
metropolitan transportation authority special assistance fund estab-
lished by section twelve hundred seventy-a of the public authorities
law, to be applied as provided in paragraph (e) of subdivision four of
such section. Any money collected pursuant to this section that is
deposited by the comptroller in the [metropolitan transportation author-
ity aid trust account] CORPORATE TRANSPORTATION ACCOUNT of the metropol-
itan transportation authority [financial] SPECIAL assistance fund shall
be held in such fund free and clear of any claim by any person or entity
paying an additional fee pursuant to this section, including, without
limiting the generality of the foregoing, any right or claim against the
metropolitan transportation authority, any of its bondholders, or any
subsidiary or affiliate of the metropolitan transportation authority.
§ 2. Section 499-d of the vehicle and traffic law, as added by
section 1 of part B of chapter 25 of the laws of 2009, is amended to
read as follows:
§ 499-d. Deposit and disposition of revenue from supplemental fee. The
commissioner shall deposit daily all funds derived from the collection
of the supplemental fee established pursuant to this article with such
responsible banks, banking houses or trust companies as may be desig-
nated by the state comptroller, [to the credit of the comptroller] IN
TRUST FOR THE CREDIT OF THE METROPOLITAN TRANSPORTATION AUTHORITY. AN
ACCOUNT MAY BE ESTABLISHED IN ONE OR MORE OF SUCH DEPOSITORIES. SUCH
DEPOSITS SHALL BE KEPT SEPARATE AND APART FROM ALL OTHER MONEY IN THE
POSSESSION OF THE COMPTROLLER. On or before the twelfth day of each
month, the commissioner shall certify to the comptroller the amount of
all revenues received pursuant to this article during the prior month as
a result of the supplemental fee imposed, including any interest and
penalties thereon. The revenues so certified OVER THE PRIOR THREE MONTHS
IN TOTAL shall be [deposited by the state comptroller in the metropol-
itan transportation authority aid trust account of the metropolitan
transportation authority financial assistance fund established pursuant
to section ninety-two-ff of the state finance law for deposit, subject
to] PAID OVER BY THE FIFTEENTH DAY OF THE LAST MONTH OF EACH CALENDAR
QUARTER FROM SUCH ACCOUNT, WITHOUT appropriation, [in] INTO the corpo-
rate transportation account of the metropolitan transportation authority
special assistance fund established by section twelve hundred seventy-a
of the public authorities law, to be applied as provided in paragraph
(e) of subdivision four of such section. Any money collected pursuant to
this section that is deposited by the comptroller in the [metropolitan
transportation authority aid trust account] CORPORATE TRANSPORTATION
ACCOUNT of the metropolitan transportation authority [financial] SPECIAL
assistance fund shall be held in such fund free and clear of any claim
by any person or entity paying an additional fee pursuant to this
S. 1508--A 171 A. 2008--A
section, including, without limiting the generality of the foregoing,
any right or claim against the metropolitan transportation authority,
any of its bondholders, or any subsidiary or affiliate of the metropol-
itan transportation authority.
§ 3. Section 1288 of the tax law, as added by section 1 of part E of
chapter 25 of the laws of 2009, is amended to read as follows:
§ 1288. Deposit and disposition of revenue. Notwithstanding any
provision of law to the contrary: (a) All taxes, interest and penalties
collected or received by the commissioner pursuant to this article shall
be deposited daily with such responsible banks, banking houses or trust
companies, as may be designated by the comptroller, [to the credit of
the comptroller] IN TRUST FOR THE CREDIT OF THE METROPOLITAN TRANSPORTA-
TION AUTHORITY. [Such an] AN account may be established in one or more
of such depositories. Such deposits shall be kept separate and apart
from all other money in the possession of the comptroller. The comp-
troller shall require adequate security from all such depositories. Of
the total revenue collected or received under this section, the comp-
troller shall retain in the comptroller's hands such amount as the
commissioner may determine to be necessary for refunds under this arti-
cle. The commissioner is authorized and directed to deduct from such
amounts collected or received under this article, before deposit into
the accounts specified by the comptroller, a reasonable amount necessary
to effectuate refunds of appropriations of the department to reimburse
the department for the costs to administer, collect and distribute the
taxes imposed by this article.
(b) On or before the twelfth day following the end of each month,
after reserving such amount for such refunds and such costs, the commis-
sioner shall certify to the comptroller the amount of all revenues so
received pursuant to this article during the prior month as a result of
the taxes, interest and penalties so imposed.
(c) [The] BY THE FIFTEENTH DAY OF THE LAST MONTH OF EACH CALENDAR
QUARTER THE comptroller shall pay over the amount of revenues FROM THE
PRIOR THREE MONTHS IN TOTAL so certified by the commissioner [to the
metropolitan transportation authority aid trust account of the metropol-
itan transportation authority financial assistance fund established by
section ninety-two-ff of the state finance law for deposit, subject to],
WITHOUT appropriation, [in] INTO the corporate transportation account of
the metropolitan transportation authority special assistance fund estab-
lished by section twelve hundred seventy-a of the public authorities law
to be applied as provided in paragraph (e) of subdivision four of such
section twelve hundred seventy-a. Any money collected pursuant to this
article that is deposited by the comptroller in the [metropolitan trans-
portation authority aid trust account] CORPORATE TRANSPORTATION ACCOUNT
of the metropolitan transportation authority [financial] SPECIAL assist-
ance fund shall be held in such fund free and clear of any claim by any
person or entity paying the tax pursuant to this article, including,
without limiting the generality of the foregoing, any right or claim
against the metropolitan transportation authority, any of its bondhold-
ers, or any subsidiary or affiliate of the metropolitan transportation
authority.
§ 4. Section 1167 of the tax law, as amended by section 3 of part F of
chapter 25 of the laws of 2009, is amended to read as follows:
§ 1167. Deposit and disposition of revenue. 1. All taxes, interest and
penalties collected or received by the commissioner under this article
shall be deposited and disposed of pursuant to the provisions of section
one hundred seventy-one-a of this chapter, except that after reserving
S. 1508--A 172 A. 2008--A
amounts in accordance with such section one hundred seventy-one-a of
this chapter, the remainder shall be paid by the comptroller to the
credit of the highway and bridge trust fund established by section
eighty-nine-b of the state finance law, provided, however, taxes, inter-
est and penalties collected or received pursuant to section eleven
hundred sixty-six-a of this article shall be [paid to the credit of the
metropolitan transportation authority aid trust account of the metropol-
itan transportation authority financial assistance fund established by
section ninety-two-ff of the state finance law] DEPOSITED AND DISPOSED
OF PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
2. ALL TAXES, INTEREST, AND PENALTIES COLLECTED OR RECEIVED BY THE
COMMISSIONER PURSUANT TO SECTION ELEVEN HUNDRED SIXTY-SIX-A OF THIS
ARTICLE SHALL BE DEPOSITED DAILY WITH SUCH RESPONSIBLE BANKS, BANKING
HOUSES OR TRUST COMPANIES, AS MAY BE DESIGNATED BY THE COMPTROLLER, IN
TRUST FOR THE CREDIT OF THE METROPOLITAN TRANSPORTATION AUTHORITY. AN
ACCOUNT MAY BE ESTABLISHED IN ONE OR MORE OF SUCH DEPOSITORIES. SUCH
DEPOSITS WILL BE KEPT SEPARATE AND APART FROM ALL OTHER MONEY IN THE
POSSESSION OF THE COMPTROLLER. OF THE TOTAL REVENUE COLLECTED OR
RECEIVED UNDER THIS ARTICLE, THE COMPTROLLER SHALL RETAIN SUCH AMOUNT AS
THE COMMISSIONER MAY DETERMINE TO BE NECESSARY FOR REFUNDS UNDER THIS
ARTICLE. ON OR BEFORE THE TWELFTH DAY OF EACH MONTH, AFTER RESERVING
SUCH AMOUNT FOR SUCH REFUNDS AND DEDUCTING SUCH AMOUNTS FOR SUCH COSTS,
THE COMMISSIONER SHALL CERTIFY TO THE COMPTROLLER THE AMOUNT OF ALL
REVENUES RECEIVED PURSUANT TO THIS ARTICLE DURING THE PRIOR MONTH AS A
RESULT OF THE TAX IMPOSED, INCLUDING ANY INTEREST AND PENALTIES THEREON.
THE AMOUNT OF REVENUES SO CERTIFIED OVER THE PRIOR THREE MONTHS IN TOTAL
SHALL BE PAID OVER BY THE FIFTEENTH DAY OF THE LAST MONTH OF EACH CALEN-
DAR QUARTER FROM SUCH ACCOUNT, WITHOUT APPROPRIATION, INTO THE CORPORATE
TRANSPORTATION ACCOUNT OF THE METROPOLITAN TRANSPORTATION AUTHORITY
SPECIAL ASSISTANCE FUND ESTABLISHED BY SECTION TWELVE HUNDRED SEVENTY-A
OF THE PUBLIC AUTHORITIES LAW, TO BE APPLIED AS PROVIDED IN PARAGRAPH
(E) OF SUBDIVISION FOUR OF SUCH SECTION.
§ 5. Subdivision 3 and paragraph (a) of subdivision 6 of section
92-ff of the state finance law, subdivision 3 as amended by section 14
of part UU of chapter 59 of the laws of 2018 and paragraph (a) of subdi-
vision 6 as added by section 1 of part G of chapter 25 of the laws of
2009, are amended to read as follows:
3. Such fund shall consist of all moneys collected therefor or credit-
ed or transferred thereto from any other fund, account or source[,
including, without limitation, the revenues derived from the special
supplemental tax on passenger car rentals imposed by section eleven
hundred sixty-six-a of the tax law; revenues derived from the transpor-
tation surcharge imposed by article twenty-nine-A of the tax law; the
supplemental registration fees imposed by article seventeen-C of the
vehicle and traffic law; and the supplemental metropolitan commuter
transportation district license fees imposed by section five hundred
three of the vehicle and traffic law]. Any interest received by the
comptroller on moneys on deposit in the metropolitan transportation
authority financial assistance fund shall be retained in and become a
part of such fund.
(a) The "metropolitan transportation authority aid trust account"
shall consist of [revenues required to be deposited therein pursuant to
the provisions of section eleven hundred sixty-six-a of the tax law;
article twenty-nine-A of the tax law; article seventeen-C of the vehicle
and traffic law; and section five hundred three of the vehicle and traf-
S. 1508--A 173 A. 2008--A
fic law, and all other] moneys credited or transferred thereto from any
other [fund or] source pursuant to law.
§ 6. Section 4 of the state finance law is amended by adding a new
subdivision 13 to read as follows:
13. NOTWITHSTANDING SUBDIVISION ONE OF THIS SECTION AND ANY OTHER LAW
TO THE CONTRARY, THE REVENUE (INCLUDING FEES, TAXES, INTEREST AND PENAL-
TIES) FROM THE METROPOLITAN COMMUTER TRANSPORTATION DISTRICT SUPPLE-
MENTAL FEES AND TAXES IMPOSED PURSUANT TO PARAGRAPH (B-1) OF SUBDIVISION
TWO OF SECTION FIVE HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, PARA-
GRAPH (C-3) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE OF THE
VEHICLE AND TRAFFIC LAW, ARTICLE SEVENTEEN-C OF THE VEHICLE AND TRAFFIC
LAW, ARTICLE TWENTY-NINE-A OF THE TAX LAW AND SECTION ELEVEN HUNDRED
SIXTY-SIX-A OF THE TAX LAW WHICH ARE PAID IN ACCORDANCE WITH SUBPARA-
GRAPH (II) OF PARAGRAPH (B-1) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED
THREE OF THE VEHICLE AND TRAFFIC LAW, SUBPARAGRAPH (II) OF PARAGRAPH
(C-3) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE OF THE VEHICLE
AND TRAFFIC LAW, SECTION TWELVE HUNDRED EIGHTY-EIGHT OF THE TAX LAW AND
SECTION ELEVEN HUNDRED SIXTY-SEVEN OF THE TAX LAW INTO THE CORPORATE
TRANSPORTATION ACCOUNT OF THE METROPOLITAN TRANSPORTATION AUTHORITY
SPECIAL ASSISTANCE FUND ESTABLISHED BY SECTION TWELVE HUNDRED SEVENTY-A
OF THE PUBLIC AUTHORITIES LAW SHALL BE MADE PURSUANT TO STATUTE BUT
WITHOUT AN APPROPRIATION.
§ 7. Subdivision 1 and paragraph (e) of subdivision 4 of section
1270-a of the public authorities law, subdivision 1 as amended by
section 14 and paragraph (e) of subdivision 4 as added by section 15 of
part H of chapter 25 of the laws of 2009, are amended to read as
follows:
1. The authority shall create and establish a fund to be known as the
"metropolitan transportation authority special assistance fund" which
shall be kept separate from and shall not be commingled with any other
moneys of the authority. The special assistance fund shall consist of
three separate accounts: (i) the "transit account", (ii) the "commuter
railroad account" and (iii) the "corporate transportation account".
The authority shall make deposits in the transit account and the
commuter railroad account of the moneys received by it pursuant to the
provisions of subdivision one of section two hundred sixty-one of the
tax law in accordance with the provisions thereof, and shall make depos-
its in the corporate transportation account of the moneys received by it
pursuant to the provisions of subdivision two of section two hundred
sixty-one of the tax law and section ninety-two-ff of the state finance
law. THE COMPTROLLER SHALL DEPOSIT, WITHOUT APPROPRIATION, INTO THE
CORPORATE TRANSPORTATION ACCOUNT THE REVENUE FEES, TAXES, INTEREST AND
PENALTIES COLLECTED IN ACCORDANCE WITH PARAGRAPH (B-1) OF SUBDIVISION
TWO OF SECTION FIVE HUNDRED THREE OF THE VEHICLE AND TRAFFIC LAW, PARA-
GRAPH (C-3) OF SUBDIVISION TWO OF SECTION FIVE HUNDRED THREE OF THE
VEHICLE AND TRAFFIC LAW, ARTICLE SEVENTEEN-C OF THE VEHICLE AND TRAFFIC
LAW, ARTICLE TWENTY-NINE-A OF THE TAX LAW AND SECTION ELEVEN HUNDRED
SIXTY-SIX-A OF THE TAX LAW.
(e) Notwithstanding the foregoing provisions of this subdivision, any
moneys in the corporate transportation account that are received by the
authority: (I) WITHOUT APPROPRIATION pursuant to SUBDIVISION ONE OF THIS
SECTION, OR (II) PURSUANT TO the provisions of section ninety-two-ff of
the state finance law may be pledged by the authority, or pledged to the
Triborough bridge and tunnel authority, to secure bonds, notes or other
obligations of the authority or the Triborough bridge and tunnel author-
ity, as the case may be, and, if so pledged to the Triborough bridge and
S. 1508--A 174 A. 2008--A
tunnel authority, shall be paid to the Triborough bridge and tunnel
authority in such amounts and at such times as necessary to pay or to
reimburse that authority for its payment of debt service and reserve
requirements, if any, on that portion of special Triborough bridge and
tunnel authority bonds and notes issued by that authority pursuant to
section five hundred fifty-three-d of this chapter. Subject to the
provisions of any such pledge, or in the event there is no such pledge,
any moneys in the corporate transportation account received by the
authority: (I) WITHOUT APPROPRIATION pursuant to SUBDIVISION ONE OF THIS
SECTION, OR (II) PURSUANT TO the provisions of section ninety-two-ff of
the state finance law may be used by the authority for payment of oper-
ating costs of, and capital costs, including debt service and reserve
requirements, if any, of or for the authority, the New York city transit
authority and their subsidiaries as the authority shall determine. No
moneys in the corporate transportation account that are reserved by the
authority: (I) WITHOUT APPROPRIATION pursuant to SUBDIVISION ONE OF THIS
SECTION; OR (II) PURSUANT TO the provisions of section ninety-two-ff of
the state finance law may be used for making any payment to the Dutch-
ess, Orange and Rockland fund created by section twelve hundred seven-
ty-b of this title or considered in calculating the amounts required to
be paid into such fund.
§ 8. This act shall take effect immediately.
PART GG
Section 1. Paragraph 5 of subdivision (c) and subdivision (e) of
section 1111-c of the vehicle and traffic law, as amended by section 6
of part NNN of chapter 59 of the laws of 2018, are amended and a new
subdivision (n) is added to read as follows:
5. "bus rapid transit program" shall mean [up to ten routes] ANY ROUTE
designated by the New York city department of transportation in consul-
tation with the applicable mass transit agency, in addition to the Bus
Rapid Transit Phase I plan routes, that operate on designated bus lanes
and that may include upgraded signage, enhanced road markings, minimum
bus stop spacing, off-board fare payment, traffic signal priority for
buses, and any other enhancement that increases bus speed or reliabil-
ity.
(e) An owner liable for a violation of a bus lane restriction imposed
on any route within a bus rapid transit program shall be liable for
monetary penalties in accordance with a schedule of fines and penalties
promulgated by the parking violations bureau of the city of New York;
provided, however, that the monetary penalty for violating a bus lane
restriction shall not exceed one hundred [fifteen] TWENTY-FIVE dollars,
ONE HUNDRED FIFTY DOLLARS FOR A SECOND OFFENSE WITHIN A TWELVE-MONTH
PERIOD, TWO HUNDRED DOLLARS FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH
PERIOD, TWO HUNDRED FIFTY DOLLARS FOR A FOURTH OFFENSE WITHIN A TWELVE-
MONTH PERIOD, AND THREE HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT
OFFENSE WITHIN A TWELVE-MONTH PERIOD; provided, further, that an owner
shall be liable for an additional penalty not to exceed twenty-five
dollars for each violation for the failure to respond to a notice of
liability within the prescribed time period.
(N) 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, IN ACCORDANCE WITH
THE PROVISIONS OF THIS SUBDIVISION, THE CITY OF NEW YORK IS HEREBY
AUTHORIZED AND EMPOWERED TO IMPOSE MONETARY LIABILITY ON THE OWNER OF A
VEHICLE FOR FAILURE OF AN OPERATOR THEREOF TO COMPLY WITH THE APPLICABLE
LOCAL LAWS AND REGULATIONS OF THE CITY OF NEW YORK RELATING TO STOPPING,
S. 1508--A 175 A. 2008--A
STANDING, PARKING AND TURNING MOVEMENTS AS DEFINED HEREIN, WHILE OPERAT-
ING A VEHICLE WITHIN THE CONGESTION TOLL ZONE OR ALONG DESIGNATED BUS
CORRIDORS. THE DEPARTMENT OF TRANSPORTATION OF THE CITY OF NEW YORK
AND/OR AN APPLICABLE MASS TRANSIT AGENCY, SHALL OPERATE PHOTO DEVICES
THAT MAY BE STATIONARY OR MOBILE AND SHALL BE ACTIVATED AT LOCATIONS
DETERMINED BY SUCH DEPARTMENT OF TRANSPORTATION AND/OR ON BUSES SELECTED
BY SUCH DEPARTMENT OF TRANSPORTATION IN CONSULTATION WITH THE APPLICABLE
MASS TRANSIT AGENCY. LOCATIONS OF SUCH PHOTO DEVICES SHALL BE WITHIN THE
CONGESTION TOLL ZONE IN THE BOROUGH OF MANHATTAN OR ALONG DESIGNATED BUS
CORRIDORS TO BE DETERMINED JOINTLY BY THE DEPARTMENT OF TRANSPORTATION
AND THE APPLICABLE MASS TRANSIT AGENCY.
2. ANY IMAGE OR IMAGES CAPTURED BY PHOTO DEVICES SHALL BE INADMISSIBLE
IN ANY DISCIPLINARY PROCEEDING CONVENED BY THE APPLICABLE MASS TRANSIT
AGENCY OR ANY SUBSIDIARY THEREOF AND ANY PROCEEDING INITIATED BY THE
DEPARTMENT INVOLVING LICENSURE PRIVILEGES OF BUS OPERATORS. ANY MOBILE
BUS LANE PHOTO DEVICE MOUNTED ON A BUS SHALL BE DIRECTED OUTWARDLY FROM
SUCH BUS TO CAPTURE IMAGES OF VEHICLES OPERATED IN VIOLATION OF THE
LOCAL LAWS RELATING TO STOPPING, STANDING, PARKING AND TURNING, OR IN
VIOLATION OF BUS LANE RESTRICTIONS, AND IMAGES PRODUCED BY SUCH DEVICE
SHALL NOT BE USED FOR ANY OTHER PURPOSE IN THE ABSENCE OF A COURT ORDER
REQUIRING SUCH IMAGES TO BE PRODUCED.
3. THE CITY OF NEW YORK SHALL ADOPT AND ENFORCE MEASURES TO PROTECT
THE PRIVACY OF DRIVERS, PASSENGERS, PEDESTRIANS AND CYCLISTS WHOSE IDEN-
TITY AND IDENTIFYING INFORMATION MAY BE CAPTURED BY A PHOTO DEVICE. SUCH
MEASURES SHALL INCLUDE:
(I) UTILIZATION OF NECESSARY TECHNOLOGIES TO ENSURE, TO THE EXTENT
PRACTICABLE, THAT IMAGES PRODUCED BY SUCH PHOTO DEVICES SHALL NOT
INCLUDE IMAGES THAT IDENTIFY THE DRIVER, THE PASSENGERS, OR THE CONTENTS
OF THE VEHICLE, PROVIDED, HOWEVER, THAT NO NOTICE OF LIABILITY ISSUED
PURSUANT TO THIS SECTION SHALL BE DISMISSED SOLELY BECAUSE AN IMAGE
ALLOWS FOR THE IDENTIFICATION OF THE DRIVER, THE PASSENGERS OR OTHER
CONTENTS OF A VEHICLE;
(II) A PROHIBITION ON THE USE OR DISSEMINATION OF VEHICLES' LICENSE
PLATE INFORMATION AND OTHER INFORMATION AND IMAGES CAPTURED BY PHOTO
DEVICES EXCEPT: (A) AS REQUIRED TO ESTABLISH LIABILITY UNDER THIS
SECTION OR COLLECT PAYMENT OF PENALTIES; (B) AS REQUIRED BY COURT ORDER;
(C) AS REQUIRED PURSUANT TO A SEARCH WARRANT ISSUED IN ACCORDANCE WITH
THE CRIMINAL PROCEDURE LAW OR A SUBPOENA; OR (D) AS OTHERWISE REQUIRED
BY LAW;
(III) THE INSTALLATION OF SIGNAGE AT REGULAR INTERVALS IN THE
CONGESTION TOLL ZONE AND ALONG THE DESIGNATED BUS CORRIDORS STATING THAT
PHOTO DEVICES ARE USED TO ENFORCE RESTRICTIONS ON STOPPING, STANDING,
PARKING AND TURNING MOVEMENTS; AND
(IV) OVERSIGHT PROCEDURES TO ENSURE COMPLIANCE WITH THE AFOREMENTIONED
PRIVACY PROTECTION MEASURES.
4. PHOTO DEVICES AUTHORIZED BY THIS SUBDIVISION SHALL ONLY BE OPERATED
FROM 6:00 A.M. TO 10:00 P.M. WARNING NOTICES OF VIOLATION WILL BE ISSUED
DURING THE FIRST SIXTY DAYS THAT PHOTO DEVICE ENFORCEMENT IS ACTIVE IN
THE CONGESTION TOLL ZONE OR ALONG A DESIGNATED BUS CORRIDOR.
5. THE OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENALTY IMPOSED PURSU-
ANT TO THIS SUBDIVISION IF SUCH VEHICLE WAS USED OR OPERATED WITH THE
PERMISSION OF THE OWNER, EXPRESS OR IMPLIED, IN VIOLATION OF ANY APPLI-
CABLE LOCAL LAW OR REGULATION DEFINED HEREIN, WHILE OPERATED WITHIN THE
CONGESTION TOLL ZONE OR ALONG A DESIGNATED BUS CORRIDOR, AND SUCH
VIOLATION IS EVIDENCED BY INFORMATION OBTAINED FROM A PHOTO DEVICE;
PROVIDED HOWEVER THAT NO OWNER OF A VEHICLE SHALL BE LIABLE FOR A PENAL-
S. 1508--A 176 A. 2008--A
TY IMPOSED PURSUANT TO THIS SUBDIVISION WHERE THE OPERATOR OF SUCH VEHI-
CLE HAS BEEN CONVICTED OF THE UNDERLYING VIOLATION OF SUCH APPLICABLE
LOCAL LAW OR REGULATION.
6. FOR PURPOSES OF THIS SUBDIVISION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(I) "OWNER" SHALL HAVE THE MEANING PROVIDED IN ARTICLE TWO-B OF THIS
CHAPTER.
(II) "PHOTO DEVICE" SHALL MEAN A DEVICE THAT IS CAPABLE OF OPERATING
INDEPENDENTLY OF AN ENFORCEMENT OFFICER AND PRODUCES ONE OR MORE IMAGES
OF EACH VEHICLE AT THE TIME IT IS IN VIOLATION OF AN APPLICABLE LOCAL
LAW OR REGULATION.
(III) "APPLICABLE LOCAL LAW OR REGULATION" SHALL MEAN CHAPTER 4 OF
TITLE 34 OF THE RULES OF THE CITY OF NEW YORK RELATING TO STOPPING,
STANDING, PARKING, AND TURNING MOVEMENTS, INCLUDING BUT NOT LIMITED TO
THE FOLLOWING:
§ 4-08(F)(4) AND § 4-12(M): GENERAL NO STANDING ZONES, BUS LANES
§ 4-08(C)(3): VIOLATION OF POSTED NO STANDING RULES PROHIBITED, BUS
STOP
§ 4-08(F)(1): GENERAL NO STANDING ZONES, DOUBLE PARKING
§ 4-08(K)(2): SPECIAL RULES FOR COMMERCIAL VEHICLES, NO STANDING
EXCEPT TRUCKS LOADING AND UNLOADING
§ 4-08(A)(3): STANDING PROHIBITED
§ 4-07(B)(1) AND § 4-08(E)(11): STOPPING PROHIBITED
§ 4-07(E)(4): GENERAL NO STOPPING ZONES, INTERSECTIONS
§ 4-08 (E)(5): GENERAL NO STOPPING ZONES, CROSSWALKS
§ 4-08(E)(12: GENERAL NO STOPPING ZONES, OBSTRUCTING TRAFFIC AT INTER-
SECTION.
§ 4-05, § 4-07(H)(2): TURNS
(IV) "CONGESTION TOLL ZONE" SHALL INCLUDE ANY ROADWAYS, BRIDGES,
TUNNELS OR RAMPS THAT ARE LOCATED WITHIN, OR ENTER INTO, THE GEOGRAPHIC
AREA IN THE BOROUGH OF MANHATTAN ESTABLISHED PURSUANT TO ARTICLE FORTY-
FOUR-C OF THIS CHAPTER.
7. A CERTIFICATE, SWORN TO OR AFFIRMED BY A TECHNICIAN EMPLOYED BY THE
CITY IN WHICH THE CHARGED VIOLATION OCCURRED, OR A FACSIMILE THEREOF,
BASED UPON INSPECTION OF PHOTOGRAPHS, MICROPHOTOGRAPHS, VIDEOTAPE OR
OTHER RECORDED IMAGES PRODUCED BY A PHOTO DEVICE, SHALL BE PRIMA FACIE
EVIDENCE OF THE FACTS CONTAINED THEREIN. ANY PHOTOGRAPHS, MICROPHOTO-
GRAPHS, VIDEOTAPE OR OTHER RECORDED IMAGES EVIDENCING SUCH A VIOLATION
SHALL BE AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE
LIABILITY FOR SUCH VIOLATION PURSUANT TO THIS SUBDIVISION.
8. AN OWNER LIABLE FOR A VIOLATION SHALL BE LIABLE FOR MONETARY PENAL-
TIES IN ACCORDANCE WITH A SCHEDULE OF FINES AND PENALTIES PROMULGATED BY
THE PARKING VIOLATIONS BUREAU OF THE CITY OF NEW YORK; PROVIDED, HOWEV-
ER, THAT THE MONETARY PENALTY FOR A FIRST OFFENSE OF A PROVISION OF
LOCAL LAW OR REGULATION OF THE CITY OF NEW YORK RELATING TO STOPPING,
STANDING, PARKING AND TURNING MOVEMENT VIOLATIONS PURSUANT TO THIS
SUBDIVISION SHALL NOT EXCEED ONE HUNDRED TWENTY-FIVE DOLLARS, ONE
HUNDRED FIFTY DOLLARS FOR A SECOND OFFENSE WITHIN A TWELVE-MONTH PERIOD,
TWO HUNDRED DOLLARS FOR A THIRD OFFENSE WITHIN A TWELVE-MONTH PERIOD,
TWO HUNDRED FIFTY DOLLARS FOR A FOURTH OFFENSE WITHIN A TWELVE-MONTH
PERIOD, AND THREE HUNDRED FIFTY DOLLARS FOR EACH SUBSEQUENT OFFENSE
WITHIN A TWELVE-MONTH PERIOD; AND PROVIDED, FURTHER, THAT AN OWNER SHALL
BE LIABLE FOR AN ADDITIONAL PENALTY NOT TO EXCEED TWENTY-FIVE DOLLARS
FOR EACH VIOLATION FOR THE FAILURE TO RESPOND TO A NOTICE OF LIABILITY
WITHIN THE PRESCRIBED TIME PERIOD SET FORTH IN THE NOTICE OF VIOLATION.
S. 1508--A 177 A. 2008--A
9. AN IMPOSITION OF LIABILITY PURSUANT TO THIS SUBDIVISION SHALL NOT
BE DEEMED A CONVICTION OF AN OPERATOR AND SHALL NOT BE MADE PART OF THE
OPERATING RECORD OF THE PERSON UPON WHOM SUCH LIABILITY IS IMPOSED, NOR
SHALL IT BE USED FOR INSURANCE PURPOSES IN THE PROVISION OF MOTOR VEHI-
CLE INSURANCE COVERAGE.
10. (I) A NOTICE OF LIABILITY SHALL BE SENT BY FIRST CLASS MAIL TO
EACH PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION UNDER THIS
SECTION. PERSONAL DELIVERY TO THE OWNER SHALL NOT BE REQUIRED. A MANUAL
OR AUTOMATIC RECORD OF MAILING PREPARED IN THE ORDINARY COURSE OF BUSI-
NESS SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN.
(II) A NOTICE OF LIABILITY SHALL CONTAIN THE NAME AND ADDRESS OF THE
PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION, THE REGISTRA-
TION NUMBER OF THE VEHICLE INVOLVED IN SUCH VIOLATION, THE LOCATION
WHERE SUCH VIOLATION TOOK PLACE INCLUDING THE STREET ADDRESS OR CROSS
STREETS, ONE OR MORE IMAGES IDENTIFYING THE VIOLATION, THE DATE AND TIME
OF SUCH VIOLATION AND THE IDENTIFICATION NUMBER OF THE PHOTO DEVICE
WHICH RECORDED THE VIOLATION OR OTHER DOCUMENT LOCATOR NUMBER.
(III) THE NOTICE OF LIABILITY SHALL CONTAIN INFORMATION ADVISING THE
PERSON CHARGED OF THE MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST
THE LIABILITY ALLEGED IN THE NOTICE. SUCH NOTICE OF LIABILITY SHALL
ALSO CONTAIN A WARNING TO ADVISE THE PERSONS CHARGED THAT FAILURE TO
CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE DEEMED AN ADMISSION OF
LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE ENTERED THEREON.
(IV) THE NOTICE OF LIABILITY SHALL BE PREPARED AND MAILED BY THE AGEN-
CY OR AGENCIES DESIGNATED BY THE CITY OF NEW YORK, OR ANY OTHER ENTITY
AUTHORIZED BY SUCH CITY TO PREPARE AND MAIL SUCH NOTIFICATION OF
VIOLATION.
11. ADJUDICATION OF THE LIABILITY IMPOSED UPON OWNERS BY THIS SECTION
SHALL BE BY THE NEW YORK CITY PARKING VIOLATIONS BUREAU.
12. IF AN OWNER OF A VEHICLE RECEIVES A NOTICE OF LIABILITY PURSUANT
TO THIS SUBDIVISION FOR ANY TIME PERIOD DURING WHICH SUCH VEHICLE WAS
REPORTED TO THE POLICE DEPARTMENT AS HAVING BEEN STOLEN, IT SHALL BE A
VALID DEFENSE TO AN ALLEGATION OF LIABILITY THAT THE VEHICLE HAD BEEN
REPORTED TO THE POLICE AS STOLEN PRIOR TO THE TIME THE VIOLATION
OCCURRED AND HAD NOT BEEN RECOVERED BY SUCH TIME. FOR PURPOSES OF
ASSERTING THE DEFENSE PROVIDED BY THIS SUBDIVISION IT SHALL BE SUFFI-
CIENT THAT A CERTIFIED COPY OF THE POLICE REPORT ON THE STOLEN VEHICLE
BE SENT BY FIRST CLASS MAIL TO THE PARKING VIOLATIONS BUREAU OF SUCH
CITY.
13. (I) AN OWNER WHO IS A LESSOR OF A VEHICLE TO WHICH A NOTICE OF
LIABILITY WAS ISSUED PURSUANT TO THIS SUBDIVISION SHALL NOT BE LIABLE
FOR THE VIOLATION OF A LOCAL LAW OR REGULATION DEFINED HEREIN, PROVIDED
THAT:
(A) PRIOR TO THE VIOLATION, THE LESSOR HAS FILED WITH SUCH PARKING
VIOLATIONS BUREAU IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWO
HUNDRED THIRTY-NINE OF THIS CHAPTER; AND
(B) WITHIN THIRTY-SEVEN DAYS AFTER RECEIVING NOTICE FROM SUCH BUREAU
OF THE DATE AND TIME OF A LIABILITY, TOGETHER WITH THE OTHER INFORMATION
CONTAINED IN THE ORIGINAL NOTICE OF LIABILITY, THE LESSOR SUBMITS TO
SUCH BUREAU THE CORRECT NAME AND ADDRESS OF THE LESSEE OF THE VEHICLE
IDENTIFIED IN THE NOTICE OF LIABILITY AT THE TIME OF SUCH VIOLATION,
TOGETHER WITH SUCH OTHER ADDITIONAL INFORMATION CONTAINED IN THE RENTAL,
LEASE OR OTHER CONTRACT DOCUMENT, AS MAY BE REASONABLY REQUIRED BY SUCH
BUREAU PURSUANT TO REGULATIONS THAT MAY BE PROMULGATED FOR SUCH PURPOSE.
FAILURE TO TIMELY SUBMIT SUCH INFORMATION SHALL RENDER THE LESSOR LIABLE
FOR THE PENALTY PRESCRIBED IN THIS SUBDIVISION.
S. 1508--A 178 A. 2008--A
(II) WHERE THE LESSOR COMPLIES WITH THE PROVISIONS OF CLAUSE (A) OF
THIS PARAGRAPH, THE LESSEE OF SUCH VEHICLE ON THE DATE OF SUCH VIOLATION
SHALL BE DEEMED TO BE THE OWNER OF SUCH VEHICLE FOR PURPOSES OF THIS
SUBDIVISION, SHALL BE SUBJECT TO LIABILITY FOR SUCH VIOLATION PURSUANT
TO THIS SUBDIVISION AND SHALL BE SENT A NOTICE OF LIABILITY PURSUANT TO
PARAGRAPH TEN OF THIS SUBDIVISION.
14. IF THE OWNER LIABLE FOR A VIOLATION WAS NOT THE OPERATOR OF THE
VEHICLE AT THE TIME OF THE VIOLATION, THE OWNER MAY MAINTAIN AN ACTION
FOR INDEMNIFICATION AGAINST THE OPERATOR.
15. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO LIMIT THE
LIABILITY OF AN OPERATOR OF A VEHICLE FOR ANY VIOLATION OF AN APPLICABLE
LOCAL LAW OR REGULATION.
16. THE CITY OF NEW YORK AND THE APPLICABLE MASS TRANSIT AGENCY SHALL
SUBMIT A REPORT ON THE RESULTS OF THE USE OF PHOTO DEVICES TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEM-
BLY BY APRIL FIRST, WITHIN TWELVE MONTHS OF OPERATION OF SUCH PHOTO
DEVICES AND EVERY TWO YEARS THEREAFTER. SUCH REPORT SHALL INCLUDE, BUT
NOT BE LIMITED TO:
(I) A DESCRIPTION OF THE LOCATIONS AND/OR BUSES WHERE PHOTO DEVICES
WERE USED;
(II) THE TOTAL NUMBER OF VIOLATIONS RECORDED ON A MONTHLY AND ANNUAL
BASIS;
(III) THE TOTAL NUMBER OF NOTICES OF LIABILITY ISSUED;
(IV) THE NUMBER OF FINES AND TOTAL AMOUNT OF FINES PAID AFTER THE
FIRST NOTICE OF LIABILITY;
(V) THE NUMBER OF VIOLATIONS ADJUDICATED AND RESULTS OF SUCH ADJUDI-
CATIONS INCLUDING BREAKDOWNS OF DISPOSITIONS MADE;
(VI) THE TOTAL AMOUNT OF REVENUE REALIZED BY SUCH CITY AND ANY PARTIC-
IPATING MASS TRANSIT AGENCY;
(VII) THE QUALITY OF THE ADJUDICATION PROCESS AND ITS RESULTS;
(VIII) THE TOTAL NUMBER OF CAMERAS BY TYPE OF CAMERA; AND
(IX) THE TOTAL COST TO THE CITY AND THE TOTAL COST TO ANY PARTICIPAT-
ING MASS TRANSIT AGENCY.
17. ANY REVENUE FROM FINES AND PENALTIES COLLECTED PURSUANT TO THIS
SUBDIVISION FROM MOBILE BUS PHOTO DEVICES SHALL BE REMITTED BY THE CITY
OF NEW YORK TO THE APPLICABLE MASS TRANSIT AGENCY ON A QUARTERLY BASIS
TO BE DEPOSITED IN THE GENERAL TRANSPORTATION ACCOUNT OF THE NEW YORK
CITY TRANSPORTATION ASSISTANCE FUND ESTABLISHED PURSUANT TO SECTION
TWELVE HUNDRED SEVENTY OF THE PUBLIC AUTHORITIES LAW.
§ 2. The opening paragraph of section 14 of part II of chapter 59 of
the laws of 2010, amending the vehicle and traffic law and the public
officers law relating to establishing a bus rapid transit demonstration
program to restrict the use of bus lanes by means of bus lane photo
devices, as amended by chapter 239 of the laws of 2015, is amended to
read as follows:
This act shall take effect on the ninetieth day after it shall have
become a law [and shall expire 10 years after such effective date when
upon such date the provisions of this act shall be deemed repealed; and]
provided that any rules and regulations related to this act shall be
promulgated on or before such effective date, provided that:
§ 3. This act shall take effect immediately. Effective immediately,
the addition, amendment and/or repeal of any rule or regulation neces-
sary for the implementation of this act on its effective date are
authorized to be made and completed on or before such effective date.
PART HH
S. 1508--A 179 A. 2008--A
Section 1. Section 45 of chapter 929 of the laws of 1986 amending the
tax law and other laws relating to the metropolitan transportation
authority, as amended by chapter 63 of the laws of 2017, is amended to
read as follows:
§ 45. This act shall take effect immediately; except that: (a) para-
graph (d) of subdivision 3 of section 1263 of the public authorities
law, as added by section twenty-six of this act, shall be deemed to have
been in full force and effect on and after August 5, 1986; (b) sections
thirty-three and thirty-four of this act shall not apply to a certified
or recognized public employee organization which represents any public
employees described in subdivision 16 of section 1204 of the public
authorities law and such sections shall expire on July 1, [2019] 2021
and nothing contained within these sections shall be construed to divest
the public employment relations board or any court of competent juris-
diction of the full power or authority to enforce any order made by the
board or such court prior to the effective date of this act; (c) the
provisions of section thirty-five of this act shall expire on March 31,
1987; and (d) provided, however, the commissioner of taxation and
finance shall have the power to enforce the provisions of sections two
through nine of this act beyond December 31, 1990 to enable such commis-
sioner to collect any liabilities incurred prior to January 1, 1991.
§ 2. This act shall take effect immediately.
PART II
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 subdivi-
sion 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, 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, 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-
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 IN SECTION ONE
S. 1508--A 180 A. 2008--A
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 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, 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, 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, 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 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 enforce-
ment agent, HIGHWAY WORKER AS DEFINED IN SECTION ONE HUNDRED EIGHTEEN-A
OF THE VEHICLE AND TRAFFIC LAW, MOTOR VEHICLE INSPECTOR AND MOTOR CARRI-
ER 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 sanitarian, New
York city public health sanitarian, registered nurse, licensed practical
nurse, emergency medical service paramedic, or emergency 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,
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, city marshal,
school crossing guard appointed pursuant to section two hundred eight-a
of the general municipal law, traffic enforcement officer, traffic
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
S. 1508--A 181 A. 2008--A
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]
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, 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, prose-
cutor as defined in subdivision thirty-one of section 1.20 of the crimi-
nal 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 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 TRANSPORTA-
TION.
§ 3. 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 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 AREA IS MARKED BY ANY SIGNS, CHANNELING DEVICES, BARRI-
ERS, PAVEMENT MARKINGS, OR WORK VEHICLES, AND WHERE WORKERS ARE PHYS-
ICALLY PRESENT.
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.
§ 4. 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,
S. 1508--A 182 A. 2008--A
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.
§ 5. Section 120.05 of the penal law is amended by adding a new subdi-
vision 11-d to read as follows:
11-D. WITH INTENT TO CAUSE PHYSICAL INJURY TO A TERMINAL CLEANER,
CABIN CLEANER, FACILITIES CLEANER, WHEELCHAIR ASSIST EMPLOYEE, BAGGAGE
HANDLER, SKYCAP, TICKET AGENT, CUSTOMER SERVICES EMPLOYEE, SECURITY
GUARD, QUEUE MANAGEMENT EMPLOYEE, SHUTTLE BUS DRIVER, OR ANY EMPLOYEE
WHOSE DUTIES REQUIRE HIM OR HER TO WORK ON THE TARMAC, EMPLOYED BY ANY
AIRPORT, AIRPORT AUTHORITY OR COMPANY, PUBLIC OR PRIVATE, THAT PERFORMS
SUCH SERVICES AT AN AIRPORT, HE OR SHE CAUSES PHYSICAL INJURY TO SUCH
TERMINAL CLEANER, CABIN CLEANER, FACILITIES CLEANER, WHEELCHAIR ASSIST
EMPLOYEE, BAGGAGE HANDLER, SKYCAP, TICKET AGENT, CUSTOMER SERVICES
EMPLOYEE, SECURITY GUARD, QUEUE MANAGEMENT EMPLOYEE, SHUTTLE BUS DRIVER,
OR ANY EMPLOYEE WHOSE DUTIES REQUIRE HIM OR HER TO WORK ON THE TARMAC,
WHILE SUCH EMPLOYEE IS PERFORMING AN ASSIGNED DUTY OF, OR DIRECTLY
RELATED TO, SUCH SERVICES AT AN AIRPORT IN THE STATE OF NEW YORK; OR
§ 6. This act shall take effect immediately.
PART JJ
Section 1. The public authorities law is amended by adding a new
section 2985-a to read as follows:
§ 2985-A. PAYMENT OF TOLLS UNDER THE TOLLS BY MAIL PROGRAM. 1. FOR
PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
MEANINGS:
(A) "CASHLESS TOLLING FACILITY" SHALL MEAN A TOLL HIGHWAY, BRIDGE OR
TUNNEL FACILITY THAT DOES NOT PROVIDE FOR THE IMMEDIATE ON-SITE PAYMENT
IN CASH OF A TOLL OWED FOR THE USE OF SUCH FACILITY;
(B) "OWNER" SHALL MEAN ANY PERSON, CORPORATION, PARTNERSHIP, FIRM,
AGENCY, ASSOCIATION, LESSOR OR ORGANIZATION WHO, AT THE TIME OF INCUR-
RING AN OBLIGATION TO PAY A TOLL AT A CASHLESS TOLLING FACILITY, AND
WITH RESPECT TO THE VEHICLE IDENTIFIED IN THE TOLL BILL OR NOTICE OF
VIOLATION: (I) IS THE BENEFICIAL OR EQUITABLE OWNER OF SUCH VEHICLE; OR
(II) HAS TITLE TO SUCH VEHICLE; OR (III) THE REGISTRANT OR CO-REGISTRANT
OF SUCH VEHICLE WHICH IS REGISTERED WITH THE DEPARTMENT OF MOTOR VEHI-
CLES OF THIS STATE OR ANY OTHER STATE, TERRITORY, DISTRICT, PROVINCE,
NATION OR OTHER JURISDICTION; OR (IV) IS SUBJECT TO THE LIMITATIONS SET
FORTH IN SUBDIVISION TEN OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF
THIS TITLE, USES SUCH VEHICLE IN ITS VEHICLE RENTING AND/OR LEASING
BUSINESS; OR (V) IS A PERSON ENTITLED TO THE USE AND POSSESSION OF A
VEHICLE SUBJECT TO A SECURITY INTEREST IN ANOTHER PERSON;
(C) "TOLL BILL" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFYING SUCH
OWNER THAT THE OWNER'S VEHICLE HAS BEEN USED OR OPERATED IN OR UPON A
CASHLESS TOLLING FACILITY AND THE OWNER HAS INCURRED AN OBLIGATION TO
PAY A TOLL;
(D) "NOTICE OF VIOLATION" SHALL MEAN A NOTICE SENT TO AN OWNER NOTIFY-
ING SUCH OWNER THAT A TOLL INCURRED AT A CASHLESS TOLLING FACILITY BY
THE OWNER HAS NOT BEEN PAID AT THE PLACE AND TIME AND IN THE MANNER
S. 1508--A 183 A. 2008--A
ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE TOLL BILL AND THAT AN
ADMINISTRATIVE VIOLATION FEE IS BEING IMPOSED FOR EACH SUCH UNPAID TOLL;
(E) "BILLING CYCLE" SHALL MEAN A PERIOD NOT TO EXCEED THIRTY CALENDAR
DAYS FOR PURPOSES OF CONSOLIDATED TOLL BILLING;
(F) "INITIAL BILLING CYCLE" SHALL MEAN A PERIOD NOT TO EXCEED FIFTEEN
CALENDAR DAYS AFTER IDENTIFYING THE OWNER OR OTHER PARTY RESPONSIBLE FOR
PAYING THE TOLL FOR THE PURPOSE OF CONSOLIDATED TOLL BILLING FOR AN
OBLIGATION TO PAY A TOLL FOR THE FIRST TIME AT A CASHLESS TOLLING FACIL-
ITY IN A SIX-MONTH PERIOD; AND
(G) "TOLLS BY MAIL PROGRAM" SHALL MEAN ANY PROGRAM OPERATED BY OR ON
BEHALF OF A PUBLIC AUTHORITY TO SEND A TOLL BILL TO AN OWNER WHOSE VEHI-
CLE CROSSES A CASHLESS TOLLING FACILITY WITHOUT AN ELECTRONIC DEVICE
THAT SUCCESSFULLY TRANSMITS INFORMATION THROUGH AN ELECTRONIC TOLL
COLLECTION SYSTEM AS DEFINED IN SUBDIVISION TWELVE OF SECTION TWENTY-
NINE HUNDRED EIGHTY-FIVE OF THIS TITLE.
2. IN THE CASE OF AN OWNER WHO INCURS AN OBLIGATION TO PAY A TOLL
UNDER THE TOLLS BY MAIL PROGRAM AT A CASHLESS TOLLING FACILITY, A TOLL
BILL SHALL BE SENT WITHIN SIX CALENDAR DAYS OF THE END OF THE INITIAL
BILLING CYCLE AND EACH SUBSEQUENT BILLING CYCLE. UNLESS THE OWNER
CONSENTS TO HAVE TOLL BILLS SENT BY ELECTRONIC MEANS OF COMMUNICATION,
TOLL BILLS SHALL BE SENT TO THE OWNER BY FIRST CLASS MAIL BY OR ON
BEHALF OF THE PUBLIC AUTHORITY WHICH OPERATES SUCH CASHLESS TOLLING
FACILITY. THE OWNER SHALL HAVE THIRTY DAYS FROM THE DATE OF THE TOLL
BILL TO PAY THE INCURRED TOLL. THE TOLL BILL SHALL INCLUDE: (I) THE
TOTAL AMOUNT OF THE INCURRED TOLLS DUE, (II) THE DATE BY WHICH PAYMENT
OF THE INCURRED TOLLS IS DUE, (III) AN IMAGE OF THE LICENSE PLATE OF THE
VEHICLE BEING USED OR OPERATED ON THE TOLL FACILITY, (IV) NOTICE OF HOW
TO DISPUTE THE TOLLS AND THE GROUNDS FOR DOING SO, AND (V) ANY OTHER
INFORMATION REQUIRED BY LAW OR BY THE PUBLIC AUTHORITY. EACH TOLL BILL
SHALL IDENTIFY THE DATE, TIME, LOCATION, LICENSE PLATE NUMBER, AND
STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION OF
THE LICENSE PLATE FOR EACH TOLL THAT HAS BEEN INCURRED.
3. ANY TOLL BILL REQUIRED TO BE SENT PURSUANT TO THIS SECTION BY FIRST
CLASS MAIL MAY INSTEAD BE SENT, WITH CONSENT, BY ELECTRONIC MEANS OF
COMMUNICATION BY OR ON BEHALF OF THE PUBLIC AUTHORITY, WHICH CONSENT CAN
BE REVOKED AT ANY TIME BY THE OWNER WITH NOTICE TO THE PUBLIC AUTHORITY
OR ITS AGENT. SUCH CONSENT SHALL BE DEEMED TO BE REVOKED WHEN ANY TOLL
BILL IS UNABLE TO BE DELIVERED BY ELECTRONIC MEANS OF COMMUNICATION. IT
SHALL BE THE SOLE RESPONSIBILITY OF THE OWNER TO UPDATE THE ADDRESS USED
FOR ELECTRONIC MEANS OF COMMUNICATION TO THE OWNER. A MANUAL OR AUTOMAT-
IC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THE ORDINARY COURSE
OF BUSINESS SHALL BE ADEQUATE RECORD OF ELECTRONIC NOTICE.
4. IN THE CASE OF AN OWNER WHO DOES NOT PAY A TOLL INCURRED UNDER THE
TOLLS BY MAIL PROGRAM ON A CASHLESS FACILITY AT THE PLACE AND TIME AND
IN THE MANNER ESTABLISHED FOR COLLECTION OF SUCH TOLL IN THE TOLL BILL,
A NOTICE OF VIOLATION SHALL BE SENT NOTIFYING THE OWNER THAT THE TOLL IS
UNPAID AND AN ADMINISTRATIVE VIOLATION FEE IS BEING IMPOSED FOR EACH
SUCH UNPAID TOLL. THE NOTICE OF VIOLATION SHALL BE SENT TO THE OWNER BY
FIRST CLASS MAIL BY OR ON BEHALF OF THE PUBLIC AUTHORITY WHICH OPERATES
SUCH CASHLESS TOLLING FACILITY TO AN ADDRESS SUPPLIED BY THE APPLICABLE
DEPARTMENT OF MOTOR VEHICLES, THE UNITED STATES POSTAL SERVICE NATIONAL
CHANGE OF ADDRESS SERVICE OR THE OWNER. THE NOTICE OF VIOLATION SHALL
INCLUDE: (I) THE TOTAL AMOUNT OF UNPAID TOLLS AND ADMINISTRATIVE
VIOLATION FEES DUE, (II) THE DATE BY WHICH PAYMENT OF THE TOLLS AND
ADMINISTRATIVE VIOLATION FEES IS DUE, AND (III) ANY OTHER INFORMATION
REQUIRED BY LAW OR BY THE PUBLIC AUTHORITY. EACH NOTICE OF VIOLATION
S. 1508--A 184 A. 2008--A
SHALL IDENTIFY THE DATE, TIME, LOCATION, LICENSE PLATE NUMBER, AND
STATE, TERRITORY, DISTRICT, PROVINCE, NATION OR OTHER JURISDICTION OF
THE LICENSE PLATE FOR EACH UNPAID TOLL THAT HAS BEEN INCURRED.
5. NOTHING IN THIS SECTION SHALL PROHIBIT A PUBLIC AUTHORITY FROM
COLLECTING ANY TOLL, FEE, OR PENALTY IN THE EVENT THAT AN OWNER DOES NOT
PROPERLY REGISTER A VEHICLE PURSUANT TO THE LAWS, RULES AND REGULATIONS
OF THIS STATE, OR ANY OTHER STATE, TERRITORY, DISTRICT, PROVINCE, NATION
OR OTHER JURISDICTION.
6. ANY OWNER OR RESPONSIBLE PARTY WHO INCURS AN OBLIGATION TO PAY A
TOLL UNDER THE TOLLS BY MAIL PROGRAM AT A PUBLIC AUTHORITY'S CASHLESS
TOLLING FACILITY SHALL HAVE AN OPTION TO RECEIVE TEXT MESSAGE OR ELEC-
TRONIC MAIL ALERTS THAT A TOLL HAS BEEN INCURRED. SUCH ALERTS SHALL BE
PROVIDED TO THE OWNER NO MORE THAN SEVENTY-TWO HOURS AFTER THE OWNER OR
RESPONSIBLE PARTY IS IDENTIFIED. EACH PUBLIC AUTHORITY SHALL CREATE AN
ONLINE REGISTRATION FOR TEXT MESSAGE OR ELECTRONIC MAIL ALERTS THAT A
TOLL HAS BEEN INCURRED UNDER THE TOLLS BY MAIL PROGRAM AT A CASHLESS
TOLLING FACILITY. IN THE EVENT AN OWNER CHOOSES TO RECEIVE TEXT MESSAGE
OR ELECTRONIC MAIL ALERTS OF A TOLL INCURRED, IT SHALL BE THE OWNER'S
SOLE RESPONSIBILITY TO PROVIDE AND THEN UPDATE ANY MOBILE NUMBERS AND
ANY ELECTRONIC MAIL ADDRESSES TO WHICH ALERTS ARE SENT. A MANUAL OR
AUTOMATIC RECORD OF ELECTRONIC COMMUNICATIONS PREPARED IN THE ORDINARY
COURSE OF BUSINESS SHALL BE ADEQUATE RECORD OF ELECTRONIC NOTICE.
7. ANY PUBLIC AUTHORITY THAT OPERATES A CASHLESS TOLLING FACILITY
SHALL MAINTAIN A WEBSITE AND TOLL-FREE PHONE NUMBER FOR ANY PERSON TO
RECEIVE UPDATED INFORMATION ON ANY TOLLS OR FEES WHICH ARE OUTSTANDING.
SUCH WEBSITE AND PHONE NUMBER SHALL BE INCLUDED ON ANY TOLL BILL OR
NOTICE OF VIOLATION SENT BY OR ON BEHALF OF A PUBLIC AUTHORITY.
8. ANY PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
SHALL ESTABLISH PROCEDURES FOR OWNERS TO DISPUTE ANY TOLLS AND VIOLATION
FEES INCURRED IN CONNECTION WITH TOLL BILLS. SUCH PROCEDURES SHALL BE
PROMINENTLY DISPLAYED ON SUCH PUBLIC AUTHORITY'S TOLL BILLS, NOTICES OF
VIOLATION AND WEBSITE.
9. ANY PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
SHALL CONSPICUOUSLY AND PROMINENTLY DISPLAY THE AMOUNT OF TOLLS FOR
PASSENGER VEHICLES AND VIOLATION FEES AT THAT FACILITY ON SIGNAGE OF A
REASONABLE SIZE IN A MANNER REASONABLY CALCULATED TO PROVIDE AMPLE AND
ADEQUATE NOTICE.
10. NOTHING IN THIS SECTION SHALL REQUIRE A PUBLIC AUTHORITY TO
PERFORM ANY ACTION OR FOREBEAR FROM PERFORMING AN ACTION THAT WOULD IN
THE PUBLIC AUTHORITY'S SOLE DISCRETION IMPAIR ANY COVENANT WITH THE
HOLDERS OF ANY OF THE PUBLIC AUTHORITY'S BONDS, NOTES OR OTHER OBLI-
GATIONS.
11. THIS SECTION SHALL NOT APPLY TO THE PAYMENT OF THE TOLLS BY MEANS
OF AN ELECTRONIC TOLL DEVICE THAT TRANSMITS INFORMATION THROUGH AN ELEC-
TRONIC TOLL COLLECTION SYSTEM AS DEFINED IN SUBDIVISION TWELVE OF
SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE OF THIS TITLE.
12. EVERY PUBLIC AUTHORITY WHICH OPERATES A CASHLESS TOLLING FACILITY
SHALL UNDERTAKE A PUBLIC AWARENESS CAMPAIGN REGARDING THE USE OF AND
PROCESS INVOLVED WITH THE PAYMENT OF TOLLS UNDER THE TOLLS BY MAIL
PROGRAM AT CASHLESS TOLLING FACILITIES. EACH PUBLIC AUTHORITY SHALL
PROVIDE FOR SUFFICIENT METHODS TO OBTAIN AN ELECTRONIC DEVICE FOR THE
CHARGING OF TOLLS THROUGH AN ELECTRONIC TOLL COLLECTION SYSTEM AS
DEFINED IN SUBDIVISION TWELVE OF SECTION TWENTY-NINE HUNDRED EIGHTY-FIVE
OF THIS TITLE, INCLUDING, IN THE NEW YORK STATE THRUWAY AUTHORITY'S
DISCRETION, MAKING SUCH DEVICES AVAILABLE AT SERVICE AREAS OWNED OR
OPERATED BY THE THRUWAY AUTHORITY.
S. 1508--A 185 A. 2008--A
§ 2. This act shall take effect immediately.
PART KK
Section 1. Paragraph (a) of subdivision 17 of section 1005 of the
public authorities law, as amended by chapter 494 of the laws of 2011,
is amended to read as follows:
(a) As deemed feasible and advisable by the trustees, to (I) finance
[and], design, develop, construct, implement, provide and administer
energy-related projects, programs and services for ITSELF, FOR any OTHER
public entity, any independent not-for-profit institution of higher
education within the state, [and] any recipient of [the] economic devel-
opment power, expansion power, replacement power, preservation power,
high load factor power, municipal distribution agency power, [power for
jobs, and] OR recharge New York power [programs administered] ALLOCATED
by the authority AND ANY PARTY LOCATED WITHIN THE STATE UNDER CONTRACT
WITH THE AUTHORITY TO PURCHASE POWER FROM THE AUTHORITY PURSUANT TO THIS
TITLE OR ANY OTHER LAW, AND (II) PROVIDE ENERGY SUPPLY SERVICES FOR ANY
PUBLIC ENTITY. In establishing and providing high performance and
sustainable building programs and services authorized by this subdivi-
sion, the authority is authorized to consult standards, guidelines,
rating systems, and/or criteria established or adopted by other organ-
izations, including but not limited to the United States green building
council under its leadership in energy and environmental design (LEED)
programs, the green building initiative's green globes rating system,
and the American National Standards Institute. The source of any financ-
ing and/or loans provided by the authority for the purposes of this
subdivision may be the proceeds of notes issued pursuant to section one
thousand nine-a of this title, the proceeds of bonds issued pursuant to
section one thousand ten of this title, or any other available authority
funds.
§ 2. Subparagraphs 2 and 3 of paragraph (b) of subdivision 17 of
section 1005 of the public authorities law, as added by chapter 477 of
the laws of 2009 and such subdivision as renumbered by section 16 of
part CC of chapter 60 of the laws of 2011, are amended to read as
follows:
(2) "Energy-related projects, programs and services" means PROJECTS,
PROGRAMS AND SERVICES RELATED TO energy efficiency AND CONSERVATION
[projects and services], ENERGY MANAGEMENT, ENERGY SUPPLY RELIABILITY,
clean energy technology [projects and services], and high performance
and sustainable building [programs and services], and the construction,
installation and/or operation of facilities or equipment done in
connection with any such projects, programs or services.
(3) "Energy services contract" or "contract" means a contract pursuant
to which the authority provides energy-related projects, programs and
services OR ENERGY SUPPLY SERVICES.
§ 3. Paragraph (b) of subdivision 17 of section 1005 of the public
authorities law is amended by adding a new subparagraph 2-a to read as
follows:
(2-A) "ENERGY SUPPLY SERVICES" MEANS SERVICES PURSUANT TO WHICH THE
AUTHORITY SUPPLIES ENERGY, POWER AND/OR RELATED CREDITS OR ATTRIBUTES TO
A PUBLIC ENTITY, AND INCLUDES THE SUPPLY OF ANY SUCH ENERGY PRODUCTS FOR
THE PURPOSE OF MEETING THE ENERGY-RELATED NEEDS OF ANY MUNICIPAL CORPO-
RATION AND/OR THE RESIDENTS OF A MUNICIPAL CORPORATION UNDER A COMMUNITY
CHOICE AGGREGATION PROGRAM APPROVED BY THE PUBLIC SERVICE COMMISSION.
S. 1508--A 186 A. 2008--A
§ 4. Paragraph (c) of subdivision 17 of section 1005 of the public
authorities law, as added by chapter 477 of the laws of 2009 and such
subdivision as renumbered by section 16 of part CC of chapter 60 of the
laws of 2011, is amended to read as follows:
(c) Any public entity is authorized to [enter into an energy services]
contract with the authority for energy-related projects, programs and
services AND CONTRACT WITH THE AUTHORITY FOR ENERGY SUPPLY SERVICES that
are authorized by this subdivision, provided that (i) the authority
issues and advertises written requests for proposals from third party
providers of goods and services in accordance with the authority's
procurement policies, procedures and/or guidelines, and (ii) the author-
ity shall not contract with a third party provider of goods and services
if such person is listed on a debarment list maintained and published in
accordance with New York law, as being ineligible to submit a bid on or
be awarded any public contract or subcontract with the state, any munic-
ipal corporation or public body. FOR THE PURPOSE OF MEETING THE ENERGY
NEEDS OF ANY MUNICIPAL CORPORATION AND ITS RESIDENTS UNDER A COMMUNITY
CHOICE AGGREGATION PROGRAM APPROVED BY THE PUBLIC SERVICE COMMISSION,
THE AUTHORITY IS AUTHORIZED TO CONTRACT WITH ANY ENTITY THAT HAS ENTERED
INTO A WRITTEN AGREEMENT WITH SUCH MUNICIPAL CORPORATION TO ADMINISTER A
COMMUNITY CHOICE AGGREGATION PROGRAM OR TO PROCURE ENERGY OR RELATED
PRODUCTS FOR SUCH MUNICIPAL CORPORATION AND/OR ITS RESIDENTS UNDER THE
COMMUNITY CHOICE AGGREGATION PROGRAM.
§ 5. Subparagraph (i) of paragraph (d) of subdivision 17 of section
1005 of the public authorities law, as added by chapter 477 of the laws
of 2009 and such subdivision as renumbered by section 16 of part CC of
chapter 60 of the laws of 2011, is amended to read as follows:
(d)(i) Notwithstanding any other provision of law to the contrary, any
energy services contract entered into by the authority with any public
entity: (1) may have a term of up to thirty-five years duration,
provided, however, that the duration of any such contract shall not
exceed the reasonably expected useful life of any facilities or equip-
ment constructed, installed or operated as part of such energy-related
projects, programs and services subject to such contract; and (2) IN THE
CASE OF AN ENERGY SERVICES CONTRACT WITH ANY MUNICIPAL CORPORATION OR
AGENCY, shall contain the following clause: "This contract shall be
deemed executory only to the extent of the monies appropriated and
available for the purpose of the contract, and no liability on account
therefor shall be incurred beyond the amount of such monies. It is
understood that neither this contract nor any representation by any
public employee or officer creates any legal or moral obligation to
request, appropriate or make available monies for the purpose of the
contract." A school district or board of cooperative educational
services may only enter into an energy services contract with the
authority for such maximum term as is prescribed in the regulations
promulgated by the commissioner of education or the useful life of the
facilities or equipment being constructed, installed or operated, which-
ever is less.
§ 6. Section 1005 of the public authorities law is amended by adding a
new subdivision 9-a to read as follows:
9-A. TO DESIGN, FINANCE, DEVELOP, CONSTRUCT, INSTALL, LEASE, OPERATE
AND MAINTAIN ELECTRIC VEHICLE CHARGING STATIONS THROUGHOUT THE STATE FOR
USE BY THE PUBLIC.
§ 7. This act shall take effect immediately.
PART LL
S. 1508--A 187 A. 2008--A
Section 1. Section 1005 of the public authorities law is amended by
adding a new subdivision 26 to read as follows:
26. (A) THE AUTHORITY IS AUTHORIZED, AS DEEMED FEASIBLE AND ADVISABLE
BY THE TRUSTEES, TO PLAN, FINANCE, CONSTRUCT, ACQUIRE, OPERATE, IMPROVE
AND MAINTAIN, EITHER ALONE OR JOINTLY WITH ONE OR MORE OTHER ENTITIES,
TRANSMISSION FACILITIES FOR THE PURPOSE OF TRANSMITTING POWER AND ENERGY
GENERATED BY RENEWABLE GENERATION PROJECTS THAT ARE LOCATED IN WHOLE OR
IN PART OUTSIDE STATE JURISDICTIONAL WATERS WHICH SUPPLIES ELECTRIC
POWER AND ENERGY TO THE STATE OF NEW YORK THAT THE AUTHORITY DEEMS
NECESSARY AND DESIRABLE IN ORDER TO: (I) PROVIDE, SUPPORT AND MAINTAIN
AN ADEQUATE AND RELIABLE SUPPLY OF ELECTRIC POWER AND ENERGY IN THE
STATE OF NEW YORK, AND/OR (II) ASSIST THE STATE IN MEETING STATE ENER-
GY-RELATED GOALS AND STANDARDS.
(B) THE SOURCE OF ANY FINANCING AND/OR LOANS PROVIDED BY THE AUTHORITY
FOR ANY OF THE ACTIONS AUTHORIZED IN PARAGRAPH (A) OF THIS SUBDIVISION
MAY BE THE PROCEEDS OF NOTES ISSUED PURSUANT TO SECTION ONE THOUSAND
NINE-A OF THIS TITLE, THE PROCEEDS OF BONDS ISSUED PURSUANT TO SECTION
ONE THOUSAND TEN OF THIS TITLE, OR ANY OTHER AVAILABLE AUTHORITY FUNDS.
§ 2. Section 1005 of the public authorities law is amended by adding a
new subdivision 27 to read as follows:
27. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, AS DEEMED
FEASIBLE AND ADVISABLE BY THE TRUSTEES, THE AUTHORITY IS AUTHORIZED TO
UNDERTAKE THE FOLLOWING ACTIONS WHEN IT DEEMS IT NECESSARY OR DESIRABLE
TO ADDRESS THE ENERGY-RELATED NEEDS OF ANY (I) AUTHORITY CUSTOMER, (II)
PUBLIC ENTITY, OR (III) CCA COMMUNITY:
(1) SUPPLY POWER, ENERGY, OR RELATED CREDITS OR ATTRIBUTES PROCURED
THROUGH A COMPETITIVE PROCESS, FROM COMPETITIVE MARKET SOURCES, OR
THROUGH NEGOTIATION ON TERMS AND CONDITIONS DETERMINED BY THE AUTHORITY
TO BE REASONABLE, TO ANY AUTHORITY CUSTOMER, PUBLIC ENTITY, OR CCA
COMMUNITY; AND
(2) (A) ALONE OR JOINTLY WITH ONE OR MORE OTHER ENTITIES, FINANCE THE
DEVELOPMENT OF RENEWABLE ENERGY GENERATING PROJECTS THAT ARE LOCATED IN
THE STATE, INCLUDING ITS TERRITORIAL WATERS, AND/OR ON PROPERTY OR IN
WATERS UNDER THE JURISDICTION OR REGULATORY AUTHORITY OF THE UNITED
STATES, (B) PURCHASE POWER, ENERGY OR RELATED CREDITS OR ATTRIBUTES
PRODUCED FROM SUCH RENEWABLE ENERGY GENERATING PROJECTS, AND (C) ALLO-
CATE AND SELL ANY SUCH PRODUCTS TO ANY AUTHORITY CUSTOMER, TO ANY PUBLIC
ENTITY, AND, FOR THE PURPOSE OF MEETING THE ENERGY-RELATED NEEDS OF ANY
CCA COMMUNITY, TO ANY MUNICIPAL CORPORATION THAT SUPPLIES ELECTRICITY TO
A CCA COMMUNITY OR ANY OTHER ENTITY THAT HAS ENTERED INTO A WRITTEN
AGREEMENT WITH A CCA COMMUNITY TO ADMINISTER A CCA PROGRAM OR SUPPLY
ELECTRICITY TO A CCA COMMUNITY.
(B) ANY PUBLIC ENTITY IS HEREBY AUTHORIZED TO CONTRACT WITH THE
AUTHORITY FOR THE PURCHASE OF POWER, ENERGY, OR RELATED CREDITS OR
ATTRIBUTES WHICH THE AUTHORITY IS AUTHORIZED TO SUPPLY UNDER PARAGRAPH
(A) OF THIS SUBDIVISION.
(C) THE SOURCE OF ANY FINANCING AND/OR LOANS PROVIDED BY THE AUTHORITY
FOR ANY OF THE ACTIONS AUTHORIZED IN PARAGRAPH (A) OF THIS SUBDIVISION
MAY BE THE PROCEEDS OF NOTES ISSUED PURSUANT TO SECTION ONE THOUSAND
NINE-A OF THIS TITLE, THE PROCEEDS OF BONDS ISSUED PURSUANT TO SECTION
ONE THOUSAND TEN OF THIS TITLE, OR ANY OTHER AVAILABLE AUTHORITY FUNDS.
(D) THE AUTHORITY SHALL COMPLETE AND SUBMIT A REPORT, ON OR BEFORE
JANUARY THIRTY-FIRST, TWO THOUSAND TWENTY, AND ANNUALLY THEREAFTER ON
THOSE ACTIONS UNDERTAKEN PURSUANT TO THIS SUBDIVISION TO THE GOVERNOR,
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
CHAIR OF THE ASSEMBLY WAYS AND MEANS COMMITTEE, THE CHAIR OF THE SENATE
S. 1508--A 188 A. 2008--A
FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY ENERGY COMMITTEE AND THE
CHAIR OF THE SENATE ENERGY AND TELECOMMUNICATIONS COMMITTEE. SUCH
REPORT, AT A MINIMUM, SHALL INCLUDE: (I) A DESCRIPTION OF ALL RENEWABLE
ENERGY GENERATING PROJECTS DEVELOPED IN CONNECTION WITH THE AUTHORI-
ZATION PROVIDED IN THIS SUBDIVISION, INCLUDING THE TOTAL NUMBER OF
PROJECTS DEVELOPED, THE RENEWABLE ENERGY RESOURCE FOR EACH PROJECT, THE
LOCATION OF EACH PROJECT, AND THE NAMEPLATE GENERATING CAPACITY OF EACH
PROJECT; (II) IDENTIFICATION OF ALL PUBLIC ENTITIES THAT HAVE PURCHASED
RENEWABLE POWER, ENERGY, OR RELATED CREDITS OR ATTRIBUTES FROM THE
AUTHORITY THAT ARE DERIVED FROM RENEWABLE ENERGY GENERATING PROJECTS
DEVELOPED IN CONNECTION WITH THE AUTHORIZATION PROVIDED IN THIS SUBDIVI-
SION, INCLUDING THE PROJECTS FROM WHICH SUCH PRODUCTS WERE DERIVED;
(III) IDENTIFICATION OF ALL AUTHORITY CUSTOMERS THAT HAVE PURCHASED
RENEWABLE POWER, ENERGY, OR RELATED CREDITS OR ATTRIBUTES FROM THE
AUTHORITY THAT ARE DERIVED FROM RENEWABLE ENERGY GENERATING PROJECTS
DEVELOPED IN CONNECTION WITH THE AUTHORIZATION PROVIDED IN THIS SUBDIVI-
SION, INCLUDING THE PROJECTS FROM WHICH SUCH PRODUCTS WERE DERIVED; AND
(IV) THE AGGREGATE AMOUNT OF INCREASED RENEWABLE POWER AND ENERGY GENER-
ATION DEVELOPED IN CONNECTION WITH THE AUTHORIZATION IN THIS SUBDIVI-
SION.
(E) FOR PURPOSES OF THIS SUBDIVISION, THE FOLLOWING TERMS SHALL HAVE
THE MEANINGS INDICATED IN THIS PARAGRAPH UNLESS THE CONTEXT INDICATES
ANOTHER MEANING OR INTENT:
(I) "AUTHORITY CUSTOMER" MEANS AN ENTITY LOCATED IN THE STATE TO WHICH
THE AUTHORITY SELLS OR IS UNDER CONTRACT TO SELL POWER OR ENERGY UNDER
THE AUTHORITY IN THIS TITLE OR ANY OTHER LAW.
(II) "CCA COMMUNITY" MEANS ONE OR MORE MUNICIPAL CORPORATIONS LOCATED
WITHIN THE STATE THAT HAVE PROVIDED FOR THE PURCHASE OF POWER, ENERGY,
OR RELATED CREDITS OR OTHER ATTRIBUTES UNDER A CCA PROGRAM.
(III) "CCA PROGRAM" MEANS A COMMUNITY CHOICE AGGREGATION PROGRAM
APPROVED BY THE PUBLIC SERVICE COMMISSION.
(IV) "PUBLIC ENTITY" HAS THE MEANING ASCRIBED TO THAT TERM BY SUBPARA-
GRAPH FIVE OF PARAGRAPH (B) OF SUBDIVISION SEVENTEEN OF THIS SECTION.
(V) "RENEWABLE ENERGY RESOURCES" MEANS SOLAR POWER, WIND POWER, HYDRO-
ELECTRIC, AND ANY OTHER GENERATION RESOURCE AUTHORIZED BY ANY RENEWABLE
ENERGY STANDARD ADOPTED BY THE STATE FOR THE PURPOSE OF IMPLEMENTING ANY
STATE CLEAN ENERGY STANDARD.
(VI) "RENEWABLE ENERGY GENERATING PROJECT" MEANS A PROJECT THAT GENER-
ATES POWER AND ENERGY BY MEANS OF RENEWABLE ENERGY RESOURCES, OR THAT
STORES AND SUPPLIES POWER AND ENERGY GENERATED BY MEANS OF RENEWABLE
ENERGY RESOURCES, AND INCLUDES THE CONSTRUCTION, INSTALLATION AND/OR
OPERATION OF ANCILLARY FACILITIES OR EQUIPMENT DONE IN CONNECTION WITH
ANY SUCH RENEWABLE ENERGY GENERATING PROJECTS, PROVIDED, HOWEVER, THAT
SUCH TERM SHALL NOT INCLUDE THE AUTHORITY'S SAINT LAWRENCE HYDROELECTRIC
PROJECT OR NIAGARA HYDROELECTRIC PROJECT.
(VII) "STATE" MEANS THE STATE OF NEW YORK.
§ 3. Nothing in this act is intended to limit, impair, or affect the
legal authority of the Power Authority of the State of New York under
any other provision of this title.
§ 4. This act shall take effect immediately.
PART MM
Section 1. The state finance law is amended by adding a new section
99-ff to read as follows:
S. 1508--A 189 A. 2008--A
§ 99-FF. PARKS RETAIL STORES FUND. 1. NOTWITHSTANDING SECTIONS EIGHT,
EIGHT-A AND SEVENTY OF THIS CHAPTER AND ANY OTHER PROVISION OF LAW,
RULE, REGULATION OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER OF TAX AND FINANCE A PARKS RETAIL STORES FUND, WHICH SHALL BE CLASSI-
FIED BY THE STATE COMPTROLLER AS AN ENTERPRISE FUND, AND WHICH SHALL
CONSIST OF ALL MONEYS RECEIVED FROM PRIVATE ENTITIES AND INDIVIDUALS
FROM RETAIL OPERATIONS AT STATE PARKS, RECREATIONAL FACILITIES AND
HISTORIC SITES OPERATED BY THE OFFICE OF PARKS, RECREATION AND HISTORIC
PRESERVATION.
2. MONEYS WITHIN THE PARKS RETAIL STORES FUND SHALL BE MADE AVAILABLE
TO THE COMMISSIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR
SERVICES AND EXPENSES RELATING TO THE OPERATION OF RETAIL STORES AND IN
SUPPORT OF THE SALE OF RETAIL GOODS AT STATE PARKS, RECREATIONAL FACILI-
TIES AND HISTORIC SITES.
§ 2. The state finance law is amended by adding a new section 99-gg to
read as follows:
§ 99-GG. GOLF FUND. 1. NOTWITHSTANDING SECTIONS EIGHT, EIGHT-A AND
SEVENTY OF THIS CHAPTER AND ANY OTHER PROVISION OF LAW, RULE, REGULATION
OR PRACTICE TO THE CONTRARY, THERE IS HEREBY ESTABLISHED IN THE JOINT
CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAX AND FINANCE
A GOLF FUND, WHICH SHALL BE CLASSIFIED BY THE STATE COMPTROLLER AS AN
ENTERPRISE FUND, AND WHICH SHALL CONSIST OF ALL MONEYS COLLECTED FROM
PRIVATE ENTITIES AND INDIVIDUALS FOR THE USE OF STATE-OWNED GOLF COURS-
ES, ANY OTHER MISCELLANEOUS FEES ASSOCIATED WITH THE USE OF SUCH GOLF
COURSES, AND SALE OF RETAIL GOODS AND SERVICES AT STATE OWNED GOLF
COURSES.
2. MONEYS WITHIN THE GOLF FUND SHALL BE MADE AVAILABLE TO THE COMMIS-
SIONER OF PARKS, RECREATION AND HISTORIC PRESERVATION FOR SERVICES AND
EXPENSES OF THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
RELATING TO THE DIRECT MAINTENANCE AND OPERATION OF STATE OWNED GOLF
COURSES, AND IN SUPPORT OF THE SALE OF RETAIL GOODS AND SERVICES AT
STATE OWNED GOLF COURSES.
§ 3. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2019.
PART NN
Section 1. Subdivision 7 of section 2611 of the public authorities
law, as amended by section 3 of part C of chapter 60 of the laws of
2012, is amended to read as follows:
7. To enter into contracts, leases and subleases and to execute all
instruments necessary or convenient for the conduct of authority busi-
ness, including agreements with the park district and any state agency
which administers, owns or supervises any olympic facility or Belleayre
Mountain ski center, as provided in sections twenty-six hundred twelve
and twenty-six hundred fourteen of this title, AND INCLUDING CONTRACTS
OR OTHER AGREEMENTS TO PLAN, PREPARE FOR AND HOST OLYMPIC OR OTHER
NATIONAL OR INTERNATIONAL GAMES OR EVENTS WHERE SUCH CONTRACTS OR AGREE-
MENTS WOULD OBLIGATE THE AUTHORITY TO DEFEND, INDEMNIFY AND/OR INSURE
THIRD PARTIES IN CONNECTION WITH, ARISING OUT OF, OR RELATING TO SUCH
GAMES OR EVENTS, SUCH AUTHORITY TO BE LIMITED BY THE AMOUNT OF ANY
LAWFUL APPROPRIATION OR OTHER FUNDING SUCH AS A PERFORMANCE BOND SURETY,
OR OTHER COLLATERAL INSTRUMENT FOR THAT PURPOSE. WITH RESPECT TO THE
TWO THOUSAND TWENTY-THREE WORLD UNIVERSITY GAMES, THE AMOUNT OF SUCH
APPROPRIATION SHALL BE NO MORE THAN SIXTEEN MILLION DOLLARS;
S. 1508--A 190 A. 2008--A
§ 2. This act shall take effect immediately.
PART OO
Section 1. Clauses 6 and 7 of subparagraph (B) of paragraph (i) of
subdivision (b) of section 349-g of the highway law, as added by chapter
78 of the laws of 2018, are amended to read as follows:
6. Within the waters of Flushing Bay South 45°-38'-00" East, a
distance of 1092.05' to a point in the waters of Flushing Bay, said
point also being the westerly line of Tax Map Lot 65 Block [789] 1789,
thence;
7. Along the westerly line of same South 05°-02'-52" East, a distance
of 456.35' to a point in the westerly line of Tax Map Lot 65 Block [789]
1789, thence;
§ 2. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after chapter 78 of the laws
of 2018 took effect, and shall be deemed repealed therewith.
PART PP
Section 1. Paragraph (r) of section 104-A of the business corporation
law is REPEALED.
§ 2. Subparagraphs 3 and 4 of paragraph (a) and paragraphs (b) and (c)
of section 306-A of the business corporation law, as added by chapter
469 of the laws of 1997, subparagraph 4 of paragraph (a) as amended by
chapter 172 of the laws of 1999, paragraphs (b) and (c) as amended by
section 2 of part S of chapter 59 of the laws of 2015, are amended to
read as follows:
(3) That sixty days prior to the filing of the certificate of resigna-
tion FOR RECEIPT OF PROCESS with the department of state the party has
sent a copy of the certificate of resignation for receipt of process by
registered or certified mail to the address of the registered agent of
the designating corporation, if other than the party filing the certif-
icate of resignation[,] for receipt of process, or if the [resigning]
DESIGNATING corporation has no registered agent, then to the last
address of the designating corporation known to the party, specifying
the address to which the copy was sent. If there is no registered agent
and no known address of the designating corporation, the party shall
attach an affidavit to the certificate stating that a diligent but
unsuccessful search was made by the party to locate the corporation,
specifying what efforts were made.
(4) That the designating corporation is required to deliver to the
department of state a certificate of amendment or change providing for
the designation by the corporation of a new address and that upon its
failure to file such certificate, its authority to do business in this
state shall be suspended[, unless the corporation has previously filed a
biennial statement under section four hundred eight of this chapter, in
which case the address of the principal executive office stated in the
last filed biennial statement shall constitute the new address for proc-
ess of the corporation, and no such certificate of amendment or change
need be filed].
(b) Upon the failure of the designating corporation to file a certif-
icate of amendment or change providing for the designation by the corpo-
ration of the new address after the filing of a certificate of resigna-
tion for receipt of process with the secretary of state, its authority
to do business in this state shall be suspended [unless the corporation
S. 1508--A 191 A. 2008--A
has previously filed a statement under section four hundred eight of
this chapter, in which case the address of the principal executive
office stated in the last filed statement, shall constitute the new
address for process of the corporation provided such address is differ-
ent from the previous address for process, and the corporation shall not
be deemed suspended].
(c) The filing by the department of state of a certificate of amend-
ment or change [or statement under section four hundred eight of this
chapter] providing for a new address by a designating corporation shall
annul the suspension and its authority to do business in this state
shall be restored and continue as if no suspension had occurred.
§ 3. Section 408 of the business corporation law is REPEALED.
§ 4. Section 409 of the business corporation law is REPEALED.
§ 5. Subdivision (e) of section 301 of the limited liability company
law is REPEALED.
§ 6. Subdivision (c) of section 1101 of the limited liability company
law is REPEALED.
§ 7. 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
S. 1508--A 192 A. 2008--A
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 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
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 PURSUANT TO THIS SUBDI-
VISION AS IT EXISTED ON THE DAY PRIOR TO THE EFFECTIVE DATE OF THE CHAP-
TER OF THE LAWS OF TWO THOUSAND NINETEEN WHICH AMENDED THIS SUBDIVISION
may file in the department of state a [statement required by this subdi-
vision] CERTIFICATE ENTITLED, "CERTIFICATE OF ANNULMENT OF REVOCATION OF
REGISTRATION OF ......(NAME OF LIMITED LIABILITY PARTNERSHIP) PURSUANT
TO SECTION 121-1500(G) OF THE PARTNERSHIP LAW", AND SHALL SET FORTH:
(1) THE NAME OF THE REGISTERED LIMITED LIABILITY PARTNERSHIP AND, IF IT
HAS BEEN CHANGED, THE NAME UNDER WHICH IT WAS INITIALLY REGISTERED. (2)
THE DATE OF THE FILING OF ITS CERTIFICATE OF REGISTRATION BY THE DEPART-
MENT OF STATE. (3) THAT IT ELECTS TO ANNUL THE REVOCATION OF ITS REGIS-
TRATION. THE CERTIFICATE SHALL BE EXECUTED BY ONE OR MORE PARTNERS OF
THE REGISTERED LIMITED LIABILITY PARTNERSHIP. The filing of such
[statement] CERTIFICATE 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
(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]
CERTIFICATE 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 erro-
neously 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
S. 1508--A 193 A. 2008--A
under this subdivision and (A) such registered limited liability part-
nership 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 publication 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.]
§ 8. Paragraph (I) of subdivision (f) of section 121-1502 of the part-
nership law, as amended by section 4 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
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
S. 1508--A 194 A. 2008--A
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. If a New York
registered foreign 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 New York regis-
tered foreign limited liability partnership as shown in the last notice
or statement or certificate of amendment filed by such New York regis-
tered foreign limited liability partnership, make a proclamation declar-
ing 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 depart-
ment of taxation and finance. The department of state shall file the
original proclamation in its office and shall publish a copy thereof in
the state register no later than three months following the date of such
proclamation. Upon the publication of such proclamation in the manner
aforesaid, the status of each New York registered foreign limited
liability partnership 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 PURSUANT TO
THIS PARAGRAPH AS IT EXISTED ON THE DAY PRIOR TO THE EFFECTIVE DATE OF
THE CHAPTER OF THE LAWS OF TWO THOUSAND NINETEEN WHICH AMENDED THIS
PARAGRAPH may file in the department of state a [statement required by
this subdivision] CERTIFICATE ENTITLED, "CERTIFICATE OF REVOCATION OF
REGISTRATION OF .... (NAME OF NEW YORK REGISTERED FOREIGN LIMITED
LIABILITY PARTNERSHIP) PURSUANT TO SECTION 121-1502(F)(I) OF THE PART-
NERSHIP LAW", AND SHALL SET FORTH: (1) THE NAME OF THE NEW YORK REGIS-
TERED FOREIGN LIMITED LIABILITY PARTNERSHIP AND, IF IT HAS BEEN CHANGED,
THE NAME UNDER WHICH IT WAS INITIALLY REGISTERED. (2) THE DATE OF
FILING OF ITS NOTICE OF REGISTRATION BY THE DEPARTMENT OF STATE. (3)
THAT IT ELECTS TO ANNUL THE REVOCATION OF ITS REGISTRATION. THE CERTIF-
ICATE SHALL BE EXECUTED BY ONE OR MORE PARTNERS OF THE NEW YORK REGIS-
TERED FOREIGN LIMITED LIABILITY PARTNERSHIP. The filing of such [state-
ment] CERTIFICATE 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-
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
S. 1508--A 195 A. 2008--A
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.]
§ 9. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, sections one, two, three, four,
five, seven and eight of this act shall take effect 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.
PART QQ
Section 1. Subdivision 6 of section 2897 of the public authorities law
is amended by adding a new paragraph f to read as follows:
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 PROP-
ERTY IS IN THE BEST INTEREST OF THE THRUWAY AUTHORITY; AND
(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.
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.
§ 2. This act shall take effect immediately.
PART RR
S. 1508--A 196 A. 2008--A
Section 1. Subdivision 6 of section 1209 of the public authorities
law, as amended by chapter 30 of the laws of 2015, is amended to read as
follows:
6. The provisions of subdivisions one, two, three and four of this
section shall not be applicable to any procurement by the authority
commenced during the period from the effective date of this subdivision
until December thirty-first, nineteen hundred ninety-one or during the
period from December sixteenth, nineteen hundred ninety-three until June
thirtieth, two thousand [nineteen] TWENTY-FIVE; and the provisions of
subdivisions seven, eight, nine, ten, eleven, twelve and thirteen of
this section shall only apply to procurements by the authority commenced
during such periods. The provisions of such subdivisions one, two, three
and four shall apply to procurements by the authority commenced during
the period from December thirty-first, nineteen hundred ninety-one until
December sixteenth, nineteen hundred ninety-three, and to procurements
by the authority commenced on and after July first, two thousand [nine-
teen] TWENTY-FIVE. Notwithstanding the foregoing, the provisions of such
subdivisions one, two, three and four shall apply to (i) the award of
any contract of the authority if the bid documents for such contract so
provide and such bid documents are issued within sixty days of the
effective date of this subdivision or within sixty days of December
sixteenth, nineteen hundred ninety-three, or (ii) for a period of one
hundred eighty days after the effective date of this subdivision, or for
a period of one hundred eighty days after December sixteenth, nineteen
hundred ninety-three, the award of any contract for which an invitation
to bid, solicitation, request for proposal, or any similar document has
been issued by the authority prior to the effective date of this subdi-
vision or during the period from January first, nineteen hundred nine-
ty-two until December fifteenth, nineteen hundred ninety-three.
§ 2. Subdivision 1 of section 1265-a of the public authorities law, as
amended by chapter 30 of the laws of 2015, is amended to read as
follows:
1. The provisions of this section shall only apply to procurements by
the authority commenced during the period from April first, nineteen
hundred eighty-seven until December thirty-first, nineteen hundred nine-
ty-one, and during the period from December sixteenth, nineteen hundred
ninety-three until June thirtieth, two thousand [nineteen] TWENTY-FIVE;
provided, however, that the provisions of this section shall not apply
to (i) the award of any contract of the authority if the bid documents
for such contract so provide and such bid documents are issued within
sixty days of the effective date of this section or within sixty days of
December sixteenth, nineteen hundred ninety-three, or (ii) for a period
of one hundred eighty days after the effective date of this section or
for a period of one hundred eighty days after December sixteenth, nine-
teen hundred ninety-three, the award of any contract for which an invi-
tation to bid, solicitation, request for proposal, or any similar docu-
ment has been issued by the authority prior to the effective date of
this section or during the period from January first, nineteen hundred
ninety-two until December sixteenth, nineteen hundred ninety-three.
§ 3. Section 15 of 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 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] JUNE 30, 2025.
§ 4. This act shall take effect immediately.
S. 1508--A 197 A. 2008--A
§ 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 RR of this act shall be
as specifically set forth in the last section of such Parts.